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Countermeasures as Economic Sanctions

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Contemporary Export Control Law of China

Part of the book series: Modern China and International Economic Law ((CIEL))

Abstract

This chapter is an essential introduction to economic sanctions system of China, and such sanctions are generally taken in the form of countermeasures under international law.

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Notes

  1. 1.

    According to the definition of this term under the Max Planck Encyclopedia of Public International Law, countermeasures are unilateral measures adopted by a State in response to the breach of its rights by the wrongful act of another State that affect the rights of the target State and are aimed at inducing it to provide cessation or reparations to the injured State.

  2. 2.

    Article 48 of the ECL prescribes that the People’s Republic of China may, depending on the actual situation, take reciprocal measures against any country or region whose abuse of export control measures endangers the national security and interests of the People’s Republic of China.

  3. 3.

    Unilateral sanctions are defined as “the use of economic, trade or other measures to compel a change of policy of another State or to pressure individuals, groups, or entities in targeted States to influence a course of action”. See The Office of the High Commissioner for Human Rights. (2017). Technical Mission to the State of Qatar, Report on the Impact of the Gulf Crisis on Human Rights, para. 61. Retrieved October 30, 2023, from https://www.nhrc-qa.org/storage/news/2018/01/OHCHR-TM-REPORT-ENGLISH-1.pdf.

  4. 4.

    Hofer, A. (2017). The Developed/Developing Divide on Unilateral Coercive Measures: Legitimate Enforcement or Illegitimate Intervention? Chinese Journal of International Law, Vol. 16, 177.

  5. 5.

    Subedi, S.P. (2021). Conclusions: The Current Law on Unilateral Sanction, Remedies against Unlawful Use of such Sanctions and Recommendations. In S.P. Subedi (ed.), Unilateral Sanctions in International Law (p. 329), Hart Publishing.

  6. 6.

    United Nations. (1971). Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations. Retrieved October 30, 2023, from https://digitallibrary.un.org/record/202170.

  7. 7.

    Crawford, J. (n. d.). Responsibility of States for Internationally Wrongful Acts. Retrieved October 30, 2023, from https://legal.un.org/avl//pdf/ha/rsiwa/rsiwa_c.pdf.

  8. 8.

    Articles 49, 51 and 52 of the Draft Articles on State Responsibility.

  9. 9.

    Order No. 1 of 2021 of MOFCOM, 1 September 2021.

  10. 10.

    The MOFCOM has released an official interview related to the Blocking Rules after its enactment. See MOFCOM (2021, January 12). Head of MOFCOM’s Department of Treaty and Law Answered Questions from the Press on the Rules on Blocking Unjustified Extra-Territorial Application of Foreign Legislation and Measures. Retrieved October 30, 2023, from http://english.mofcom.gov.cn/article/newsrelease/policyreleasing/202101/20210103031441.shtml.

  11. 11.

    Council Regulation (EC) No 2271/96 of 22 November 1996 on protecting against the effects of the extraterritorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom.

  12. 12.

    For example, § 1705 of the International Emergency Economic Powers Act prescribes that it shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter.

  13. 13.

    Some scholars hold that the Blocking Rules are specifically targeting those secondary sanctions. See MOFCOM. (2021, January 11). Safeguarding legitimate interests and international trade order: experts taking questions on the Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures. Retrieved October 30, 2023, from http://english.mofcom.gov.cn/article/newsrelease/significantnews/202101/20210103031442.shtml.

  14. 14.

    Shang, S. (2021). Challenges and Priorities in Constructing China’s Extraterritorial Regulatory System: Concurrently on the Rules on Blocking Unjustified Extra-Territorial Application of Foreign Legislation and Measures. Study on International Law, 2021(02), 63–80.

  15. 15.

    Under Article 5 of Blocking Rules of China, the affected citizen, legal person, or other organization of the PRC shall report such matters to the competent department of commerce of the State Council within 30 days.

  16. 16.

    Article 13 of Blocking Rules of China prescribes that where a citizen, legal person, or other organization of China fails to truthfully report as required or fails to comply with the prohibition order, the competent department of commerce of the State Council may give a warning, order he/it to rectify within a specified period, and may concurrently impose a fine according to the severity of the circumstances.

  17. 17.

    Article 6 of the Blocking Rules.

  18. 18.

    Ibid., Article 8.

  19. 19.

    Id., Article 1.

  20. 20.

    Id., Article 13.

  21. 21.

    Please note that such party is unofficially construed as a Chinese party only.

  22. 22.

    Article 9.2 of the Blocking Rules.

  23. 23.

    The MOFCOM has released an official interview related to the Blocking Rules after its enactment. See: MOFCOM. (2021, January 12). Head of MOFCOM’s Department of Treaty and Law Answered Questions from the Press on the Rules on Blocking Unjustified Extra-Territorial Application of Foreign Legislation and Measures. Retrieved October 30, 2023, from http://english.mofcom.gov.cn/article/newsrelease/policyreleasing/202101/20210103031441.shtml.

  24. 24.

    Order No. 1 of Announcement of the Working Mechanism on the Unreliable Entities List, 16 February 2023.

  25. 25.

    Order No. 4 of 2020 of the MOFCOM, 19 September 2020.

  26. 26.

    According to Liao Fan, the legal consequences of being designated as a PUEL party can be summarized as import and export restrictions, investment restrictions, entry and stay restrictions, loss of goodwill and reputation, and civil litigation risks. See, Liao, F. (2021). A Comparative Analysis of the Unreliable Entity List. Study of Comparative Law, 2021(01).

  27. 27.

    Ministry of Foreign Affairs of the PRC. (2021, July 23). Foreign Ministry Spokesperson’s Remarks on China’s Decision to Impose Sanctions on Relevant US Individuals and Entity. Retrieved October 31, 2023, from: https://www.fmprc.gov.cn/eng/xwfw_665399/s2510_665401/2535_665405/202107/t20210723_9170832.html.

  28. 28.

    Ministry of Foreign Affairs of the PRC. (2021, December 21). Foreign Ministry Spokesperson Zhao Lijian’s Regular Press Conference. Retrieved October 31, 2023, from: https://www.fmprc.gov.cn/eng/xwfw_665399/s2510_665401/2511_665403/202112/t20211221_10473754.html.

  29. 29.

    Ministry of Foreign Affairs of the PRC. (2022, February 21). Ministry Spokesperson Wang Wenbin’s Regular Press Conference. Retrieved October 31, 2023, from: https://www.fmprc.gov.cn/eng/xwfw_665399/s2510_665401/2511_665403/202202/t20220221_10644075.html.

  30. 30.

    Ministry of Foreign Affairs of the PRC. (2022, August 5). Foreign Ministry Spokesperson Announces China’s Sanctions on U.S. House Speaker Nancy Pelosi. Retrieved October 31, 2023, from: https://www.fmprc.gov.cn/eng/xwfw_665399/s2510_665401/2535_665405/202208/t20220805_10735509.html.

  31. 31.

    Ministry of Foreign Affairs of the PRC. (2022, August 12). Foreign Ministry Spokesperson Announces China’s Sanctions on Lithuanian Deputy Minister of Transport and Communications Agnė Vaiciukevičiūtė. Retrieved October 31, 2023, from: https://www.fmprc.gov.cn/eng/xwfw_665399/s2510_665401/2535_665405/202208/t20220812_10742448.html.

  32. 32.

    Xinhua. (2022, August 16). Diehard “Taiwan independence” separatists to be sanctioned: spokesperson, 16 August 2022, available at: https://english.news.cn/20220816/662a03d49b79488db590f68ff2323b30/c.html.

  33. 33.

    Ministry of Foreign Affairs of the PRC. (2022, September 16). Foreign Ministry Spokesperson Mao Ning’s Regular Press Conference. Retrieved October 31, 2023, from:

    https://www.fmprc.gov.cn/eng/xwfw_665399/s2510_665401/2511_665403/202209/t20220916_10767123.html.

  34. 34.

    Ministry of Foreign Affairs of the PRC. (2022, December 23). Foreign Ministry Spokesperson Mao Ning’s Regular Press Conference. Retrieved October 31, 2023, from: https://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/2511_665403/202212/t20221223_10994393.html.

  35. 35.

    Ministry of Foreign Affairs of the PRC. (2023, February 15). Foreign Ministry Spokesperson Wang Wenbin’s Regular Press Conference. Retrieved October 31, 2023, from: https://www.fmprc.gov.cn/eng/xwfw_665399/s2510_665401/2511_665403/202302/t20230215_11025476.html.

  36. 36.

    Ministry of Foreign Affairs of the PRC. (2023, April 7). Decision on Taking Countermeasures Against Hudson Institute, the Ronald Reagan Presidential Library and Museum and Their Leaders. Retrieved October 31, 2023, from: https://www.mfa.gov.cn/eng/zxxx_662805/202304/t20230407_11056272.html.

  37. 37.

    Bureau of Industry and Security. (2021, June 24). Addition of Certain Entities to the Entity List. Retrieved October 31, 2023, from: https://www.federalregister.gov/documents/2021/06/24/2021-13395/addition-of-certain-entities-to-the-entity-list.

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  1. Global Law Office, Shanghai, China

    Deming Zhao

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Zhao, D. (2024). Countermeasures as Economic Sanctions. In: Contemporary Export Control Law of China. Modern China and International Economic Law. Springer, Singapore. https://doi.org/10.1007/978-981-99-9825-8_9

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  • DOI: https://doi.org/10.1007/978-981-99-9825-8_9

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