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In response to repeated US sanctions against Chinese companies and individuals, China today announced the implementation of “Measures to Block the Improper Extraterritorial Application of Foreign Laws and Measures.” Official scholars say this is “defending the national interest” and opposing the “serious position of improper extraterritorial application” of foreign laws.
This measure clearly stipulates that after China’s official assessment and confirmation that the relevant foreign laws and measures “have improper extraterritorial application”, the competent authority may issue a prohibition of “non-recognition, non-performance and non-compliance”.
Yet this is when the president of the United States, Donald Trump, is about to resign and the elected Joe Biden prepares to take office. China’s choice to announce and implement this highly specific decree at this time has generated speculation as to whether it is to avoid the Trump administration’s advantage. However, the official media and academics of the Chinese Communist Party did not explain this.
The Xinhua news agency reported that this measure is divided into 16 articles. Article 1 clearly states that to block the impact of foreign laws and measures “improper extraterritorial application” in China, “maintain national sovereignty, security and development interests” and protect the “legitimate rights and interests” of the Chinese citizens, legal persons or other organizations, according to China’s “National Security Law” and other relevant laws promulgate this law.
Article 2 also establishes that this law is applicable to situations where “prohibition or undue restriction of Chinese citizens, legal persons or other organizations” and third countries (regions) and their citizens, legal persons or other organizations to carry out “economic activities and normal commercial and related activities “.
Other provisions include the establishment of a working mechanism involving the relevant central departments, responsible for “response work”, led by the competent commercial department of the State Council; Chinese citizens, legal persons or other organizations can apply to the competent commercial department of the State Council for “exemption from the ban”.
In addition, it also includes that foreign judgments causing losses to Chinese citizens, legal persons or other organizations can file suit in court in accordance with the law, requesting the benefited parties to “compensate for the losses.” Each unit of the working mechanism, according to its responsibilities, will provide guidance and services to these Chinese entities in response to requests.
Han Liyu, a professor at the Renmin University of China School of Law, stated that the Chinese government introduced this law to “defend national interests”, avoid or reduce adverse effects on Chinese companies, and “maintain economic and commercial order. international normal “. It also shows that the Chinese government opposes the “serious position of improper extraterritorial application” of foreign laws and measures, provides channels of help to protect the “legitimate rights and interests” of companies, and “reflects China’s responsibility to maintain the international economic and commercial order “.
Han Liyu also stated that blocking “improper extraterritorial application” of relevant foreign laws and measures is not unique to China. Countries and regions such as the European Union, Canada, Mexico and Argentina have successively enacted blockade laws.
(Author: Qiu Guoqiang; First Map Source: shutterstock)
New knowledge of science and technology, updated from time to time
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