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China Passes New Law to Counter Foreign Sanctions | Perkins Coie


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The Law of the People’s Republic of China on Countering Foreign Sanctions (Anti-Sanctions Law) was passed by the Standing Committee of the 13th National People’s Congress on June 10, 2021. President Xi Jinping signed a presidential order to allow the new law to go into effect that day. This law is a mere fifteen provisions, but it complements the so-called “Unreliable Entity” list and related rules adopted by the Ministry of Commerce (MOFCOM) in September 2020 and MOFCOM’s extraterritorial blocking rules adopted in January 2021.
Chinese academics and state media have described the Anti-Sanctions Law as a timely addition to Beijing’s legal tool kit for resisting Western coercion, by establishing mechanisms for retaliating against foreign sanctions and mitigating their impact on Chinese entities and individuals. However, to address the concerns of the foreign business community, Foreign Ministry spokesm ....

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China's Spring 2021 Compliance & Anti-Monopoly Updates


中国颁布阻断立法应对外国法律不当域外实施
As the first departmental legislation of the Ministry of Commerce (MOC) in 2021, Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (Blocking Rules) were published with immediate effect beginning Jan. 9, 2021. Given the trade, technology, and even diplomacy tensions between the United States and China, a series of legislations were promulgated starting in the second half of 2020. Apart from the Blocking Rules, the MOC also issued the Provisions on the List of Unreliable Entities on Sept. 19, 2020, and the National People’s Congress issued the Export Control Law on Oct. 17, 2020. These new laws set out a preliminary framework for China’s trade compliance regime. However, given the brevity of the 16-article Blocking Rules, clarification is needed in subsequent implementation. ....

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China Enacts Export Control Law Following Its Announcement of the Unreliable Entities List | White & Case LLP


On December 1, 2020, China s Export Control Law ( ECL ) took effect.
1 Prior to the ECL, China s export control regime was scattered across multiple laws, regulations, and guidelines enforced by an array of government ministries.  The ECL changes this status quo by creating a comprehensive and unified framework for export control.  The ECL follows China s May 2019 announcement of the Provisions on the List of Unreliable Entities ( UEL ) under which blacklisted entities can be restricted or prevented from trading with China.
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This client alert lays out the major provisions of the ECL and the UEL and discusses their potential impact upon companies trading with China. ....

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