Anti-Foreign Sanctions Law

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Anti-Foreign Sanctions Law (AFSL) is a law of the People's Republic of China. Developed in response to increasing international sanctions targeting PRC officials and entities and passed by the Standing Committee of the National People's Congress on June 10, 2021, on an accelerated basis without public consultation, it establishes a comprehensive legal framework enabling the Chinese government to implement countermeasures against foreign sanctions. [1] [2] [3] [4] [5]

Contents

Background

AFSL emerged during a period of heightened tensions between China and Western nations, particularly following sanctions imposed by the United States, European Union, United Kingdom, and Canada over concerns regarding human rights violations in Xinjiang and Hong Kong. Its development followed Xi Jinping's November 2020 call for legal methods to defend PRC "national sovereignty, security, and development interests." [2] [3]

AFSL is part of a broader framework of PRC measures designed to counter foreign restrictions, including the Unreliable Entity List mechanism, [6] Ministry of Commerce blocking statutes, [7] efforts to promote RMB settlement in international trade, and development of alternative international payment systems. [3]

Scope

AFSL targets individuals and organizations involved in creating or implementing sanctions against PRC interests, participating in the drafting or decision-making process of such sanctions, or supporting with their implementation. [1] [2] It authorizes denial or cancellation of visas, asset freezes, restrictions on business activities in China, prohibition of transactions with Chinese entities, or other unspecified countermeasures deemed appropriate by authorities. [1] [2]

Notable cases

In December 2024, in response to recent U.S. arms sales to Taiwan, Beijing intended to sanction an executive at Data Link Solutions LLC, a military contracting joint venture, but mistakenly targeted Beth Edler of Data Link Solutions Inc., president of an unrelated Missouri-based company providing data services to telephone directory publishers. [8] [9]

Reception

Legal scholars, the international business community, and foreign governments have expressed concerns about AFSL's broad scope and extraterritorial application, lack of appeal mechanisms for sanctioned entities, and impact on global supply chains. [10] [11] [12] [13] [14]

See also

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References

  1. 1 2 3 "Law of the PRC on Countering Foreign Sanctions". China Law Translate. 2021-06-10. Retrieved 2024-12-08.
  2. 1 2 3 4 "China's Anti-Foreign Sanctions Law: A warning to the world | Merics". merics.org. 2021-06-24. Retrieved 2024-12-08.
  3. 1 2 3 Tran, Hung (2021-06-28). "China's anti-foreign sanctions law: Companies in the crosshairs". Atlantic Council. Retrieved 2024-12-08.
  4. ↑ "China's new Anti-Foreign Sanctions Law intended to 'legitimise' retaliation, experts say". ABC News. 2021-06-11. Retrieved 2024-12-08.
  5. ↑ Tian, Yew Lun (June 11, 2021). "Explainer: An eye for an eye? China's new anti-foreign sanctions law". Reuters . Retrieved December 7, 2024.
  6. ↑ "China: Government Releases Provisions on Unreliable Entity List Regime". Library of Congress, Washington, D.C. 20540 USA. Retrieved 2024-12-08.
  7. ↑ Mortlock, David (2021-02-08). "The 'blocking statute': China's new attempt to subvert US sanctions". Atlantic Council. Retrieved 2024-12-08.
  8. ↑ Pierson, David (December 5, 2024). "China Slaps Sanctions on 13 U.S. Defense Firms". New York Times . Retrieved December 8, 2024.
  9. ↑ Bazail-Eimil, Eric; Gramer, Robbie (2024-12-06). "Serbia and Kosovo's Trump optimism". POLITICO. Retrieved 2024-12-08.
  10. ↑ Feng, Emily (June 11, 2021). "China's New Anti-Foreign Sanctions Law Sends A Chill Through The Business Community". NPR . Retrieved December 8, 2024.
  11. ↑ "China's New Anti-Foreign Sanctions Law Creates Further Uncertainty for US Companies". The US-China Business Council. 2021-06-11. Retrieved 2024-12-08.
  12. ↑ "China Enacts Anti-Foreign Sanctions Law: Increasing Uncertainty for Companies with China Operations | Paul Hastings LLP". www.paulhastings.com. Retrieved 2024-12-08.
  13. ↑ Poon, Benjamin K.N. (May 11, 2023). "Extraterritoriality, Sanctions, and the Fight for Market: Putting China's Anti-Foreign Sanctions Law into Context". SSRN .
  14. ↑ Malkawi, Bashar (2023-07-21). "Here's how China is responding to US sanctions – with blocking laws and other countermeasures". The Conversation. Retrieved 2024-12-08.
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