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There’s been a non-stop bombardment of recent export amendments involving China and other “countries of concern” within the last six months. The main driver behind these has been the U.S. Government’s concern about the Chinese national strategy of “military-civil fusion” – using civilian companies to help support Chinese military and intelligence activities. It is believed that U.S. companies that have historically sold products to China’s commercial sector may be drawn unwittingly into supporting the Chinese military. While these amendments are principally targeted at China, many also apply to Russia, Venezuela, Hong Kong (now part of China under U.S. export laws), Burma and other countries for similar reasons.
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Opinion: The Problem With China’s New Rules on Foreign Sanctions
Henry Chen is a senior partner at Dentons Shanghai Office. Previously, he was AP compliance director of Ford Motor Co.
Michael E. Zolandz is the chair of Dentons’ federal regulatory and compliance practice, and serves as the managing partner for Dentons’ Washington, DC office.
An overview
Drawing inspiration from the European Union’s legal practice, China has created a similar legal regime for counteracting the impact of foreign sanctions on Chinese persons. On Jan. 9, the Ministry of Commerce (MOFCOM) issued “Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures” (the
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