What U.S. organizations must know about China’s anti-foreign sanction law

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China has imposed counter sanctions towards seven American persons and entities, which includes previous U.S. commerce secretary Wilbur Ross, beneath the country’s recently handed anti-overseas sanctions regulation. It is in reaction to the U.S. government sanctioning 7 Chinese officers before this month and warning American firms based mostly in Hong Kong of the “growing risks” posed by Beijing.

“The United States has concocted the so-identified as ‘Hong Kong Enterprise Advisory’ to groundlessly smear Hong Kong’s business enterprise surroundings,” a international ministry spokesperson mentioned previous Friday, introducing that the moves “severely interfere in China’s interior affairs.”

China has sanctioned persons these kinds of as Ross, the chairman of U.S.-China Financial and Stability Evaluation Fee, Carolyn Bartholomew, as effectively as the D.C.-dependent imagine tank Hong Kong Democratic Council but did not specify what particular penalties will be utilised.

Restrained countermeasure

“The U.S. lately place sanctions on seven Chinese federal government officials around Hong Kong, so this time China also sanctioned 7 targets from the American side,” international trade lawyer Yang Jie of the Huiye regulation organization in Shanghai reported. “China’s countermeasure is restrained.”

The move has been interpreted as “restrained” simply because no senior formal from the recent Biden administration and no American company have been targeted.


The new law can be taken versus not just folks and companies but also workers, their spouses and immediate family.

“That would include things like issues like visa limitations, possessing assets seized or frozen, having transactions blocked and then, of class, this major wide 1, which is ‘other needed measures,’” according to Joe Mazur, a Beijing-primarily based senior analyst with the consultancy team Trivium China.

These limits utilize to individuals who put into practice foreign sanctions, as properly as these who acquire them. This mirrors previous steps of the Chinese international ministry, which has sanctioned former Secretary of Point out Mike Pompeo, Senators Ted Cruz and Marco Rubio, moreover other officials from the U.S., European Union, the U.K. and Canada. The new regulation gives China a lot more lawful clout to have out these countermeasures.

Discriminatory restrictive evaluate

When Chinese firms are blacklisted by the U.S., like some wherever earlier this month about alleged human rights abuses and superior-tech surveillance in the region of Xinjiang, the procedure employed to be simple for American corporations.

“U.S. firms in China made use of to just abide by U.S. sanctions and reduce trade ties with blacklisted Chinese companies,” Yang mentioned.

Under China’s new legislation, American companies may perhaps be stopped from severing enterprise with U.S- blacklisted Chinese corporations.

“Chinese companies could report to China’s Ministry of Commerce and say an American enterprise is partaking in what is called in legal conditions a ‘discriminatory restrictive evaluate,’ an unfair action,” Yang explained.

The term “discriminatory restrictive measure” is not described in the new regulation, but he explained it may well be decided by a number of governing administration organizations.

“A joint working group from the ministries of commerce, finance and overseas affairs will get the job done together to validate if a international sanction is a discriminatory restrictive measure,” Yang said. “For instance, if the [allegation of] pressured labor in Xinjiang is noticed as a discriminatory label [by Chinese government agencies], then the sanctions based mostly on it are discriminatory restrictive steps.”


Beneath the new regulation Chinese firms can sue other companies for creating damages to them by complying with foreign sanctions.

“Conceivably, we could see companies being introduced before a [Chinese] court because a counter-party feels it deserves compensation,” claimed Nick Turner, a law firm specializing in financial sanctions at Steptoe & Johnson in Hong Kong.

Sweeping actions

China’s anti-foreign sanctions legislation appears to be to forged a wide net.

“From an administrative position of check out, that variety of language is vital in order to give the government organizations sufficient flexibility,” Turner reported. “In follow … what the companies just take and do with that language is probably going to be very qualified and slim.”

China may possibly respond extra to American or other foreign sanctions relevant to difficulties working with sovereignty or what it considers to be internal matters, this sort of as people relating to Xinjiang or Hong Kong.

Specific sectors will be far more susceptible, like any companies that use supplies from Xinjiang and export to U.S. tech firms, specially individuals dealing in semiconductors. Even so, Turner stated, most foreign organizations in the Chinese market do not have to fret about retaliation since a lot of U.S. sanctions don’t apply to providers in China.

“If you have a domestically incorporated corporation, even if it’s owned by a U.S. dad or mum firm, it may well not be matter to selected U.S. sanctions,” he said.

Get ready

Even so, he endorses overseas companies put together by auditing their source chains and revisiting contracts with suppliers to make sure they are compliant with the new Chinese regulation.

“What a good deal of corporations are accomplishing is they are revisiting their contracts … and where by the language could be a small as well potent, I assume they’re inclined to take into consideration specific carve-outs,” Turner said.

Multinational companies ought to also proactively audit their threat publicity to scorching-button concerns these kinds of as Xinjiang, Hong Kong and Taiwan, in accordance to analyst Mazur.

“[Multinationals] ought to also be establishing a clear method for messaging close to sensitive issues just to be certain that messaging is steady the two within and outside the house of China,” he mentioned.

Don’t worry

Mazur describes the new Chinese legislation as a “defensive weapon” and a tool of “last resort.”

No U.S. firm has been targeted however.

A further anti-sanctions instrument known as the “unreliable entities” listing has not been utilised either. It functions as a counter to the U.S. Commerce Department’s financial blacklist, and comparable wording can be located in the new anti-foreign sanctions regulation.

“China is quite reticent to actively punish foreign businesses, primarily U.S. organizations, partly for the reason that the narrative that China has been trying to find to boost is that China is becoming far more open up for foreign organization,” Mazure said. “In substantial aspect that is accurate.”

The Chinese current market continue to welcomes American firms to commit, in accordance to lawyer Yang.

“China does not want to decouple with the U.S. — at the very least economically,” he claimed.

U.S. firms in China are suggested not to stress just but.

Added analysis by Charles Zhang.

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