May 23, 2022

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What U.S. corporations should know about China’s anti-foreign sanction law

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China has imposed counter sanctions in opposition to seven American people and entities, like previous U.S. commerce secretary Wilbur Ross, under the country’s recently handed anti-overseas sanctions law. It is in response to the U.S. govt sanctioning 7 Chinese officials previously this month and warning American corporations dependent in Hong Kong of the “growing risks” posed by Beijing.

“The United States has concocted the so-named ‘Hong Kong Business enterprise Advisory’ to groundlessly smear Hong Kong’s small business environment,” a overseas ministry spokesperson said previous Friday, incorporating that the moves “severely interfere in China’s internal affairs.”

China has sanctioned folks these kinds of as Ross, the chairman of U.S.-China Financial and Protection Evaluate Commission, Carolyn Bartholomew, as very well as the D.C.-based think tank Hong Kong Democratic Council but did not specify what unique penalties will be used.

Restrained countermeasure

“The U.S. not long ago place sanctions on seven Chinese govt officials more than Hong Kong, so this time China also sanctioned 7 targets from the American facet,” global trade law firm Yang Jie of the Huiye legislation company in Shanghai mentioned. “China’s countermeasure is restrained.”

The move has been interpreted as “restrained” simply because no senior formal from the present Biden administration and no American corporation have been qualified.


The new regulation can be taken against not just people and businesses but also employees, their spouses and rapid family.

“That would include factors like visa constraints, having property seized or frozen, having transactions blocked and then, of study course, this significant wide just one, which is ‘other essential steps,’” in accordance to Joe Mazur, a Beijing-centered senior analyst with the consultancy group Trivium China.

These restrictions apply to individuals who employ foreign sanctions, as perfectly as those people who produce them. This mirrors past actions of the Chinese international ministry, which has sanctioned former Secretary of State Mike Pompeo, Senators Ted Cruz and Marco Rubio, moreover other officers from the U.S., European Union, the U.K. and Canada. The new regulation provides China additional authorized clout to have out these countermeasures.

Discriminatory restrictive evaluate

When Chinese firms are blacklisted by the U.S., like some wherever earlier this month over alleged human rights abuses and high-tech surveillance in the region of Xinjiang, the course of action utilised to be straightforward for American companies.

“U.S. firms in China employed to just abide by U.S. sanctions and slash trade ties with blacklisted Chinese providers,” Yang claimed.

Under China’s new legislation, American firms might be stopped from severing organization with U.S- blacklisted Chinese providers.

“Chinese companies could report to China’s Ministry of Commerce and say an American business is partaking in what is termed in authorized phrases a ‘discriminatory restrictive measure,’ an unfair motion,” Yang reported.

The phrase “discriminatory restrictive measure” is not outlined in the new regulation, but he mentioned it could be established by a few authorities businesses.

“A joint functioning team from the ministries of commerce, finance and international affairs will operate collectively to affirm if a overseas sanction is a discriminatory restrictive evaluate,” Yang mentioned. “For illustration, if the [allegation of] forced labor in Xinjiang is witnessed as a discriminatory label [by Chinese government agencies], then the sanctions centered on it are discriminatory restrictive measures.”


Less than the new legislation Chinese businesses can sue other corporations for resulting in damages to them by complying with foreign sanctions.

“Conceivably, we could see organizations currently being introduced ahead of a [Chinese] court docket since a counter-party feels it warrants payment,” reported Nick Turner, a attorney specializing in economic sanctions at Steptoe & Johnson in Hong Kong.

Sweeping actions

China’s anti-international sanctions legislation looks to forged a wide web.

“From an administrative point of look at, that sort of language is essential in get to give the government organizations ample versatility,” Turner explained. “In follow … what the organizations consider and do with that language is possibly going to be very qualified and narrow.”

China could react far more to American or other foreign sanctions associated to concerns working with sovereignty or what it considers to be internal issues, this kind of as these relating to Xinjiang or Hong Kong.

Particular sectors will be a lot more susceptible, like any firms that use supplies from Xinjiang and export to U.S. tech firms, especially people working in semiconductors. Nevertheless, Turner said, most foreign firms in the Chinese current market do not have to get worried about retaliation since many U.S. sanctions don’t use to providers in China.

“If you have a domestically included firm, even if it’s owned by a U.S. father or mother firm, it may perhaps not be topic to sure U.S. sanctions,” he reported.


Even so, he recommends overseas corporations get ready by auditing their offer chains and revisiting contracts with suppliers to make certain they are compliant with the new Chinese legislation.

“What a whole lot of providers are accomplishing is they are revisiting their contracts … and where by the language may well be a small also sturdy, I believe they’re ready to take into consideration particular carve-outs,” Turner reported.

Multinational firms need to also proactively audit their possibility publicity to warm-button concerns this sort of as Xinjiang, Hong Kong and Taiwan, according to analyst Mazur.

“[Multinationals] really should also be creating a apparent method for messaging all over sensitive issues just to make certain that messaging is constant both inside of and outside of China,” he mentioned.

Don’t stress

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

No U.S. corporation has been targeted however.

A different anti-sanctions software identified as the “unreliable entities” listing has not been utilised possibly. It acts as a counter to the U.S. Commerce Department’s economic blacklist, and similar wording can be located in the new anti-foreign sanctions regulation.

“China is extremely reticent to actively punish international organizations, especially U.S. businesses, partially mainly because the narrative that China has been seeking to boost is that China is getting a lot more open up for overseas enterprise,” Mazure mentioned. “In significant section that is genuine.”

The Chinese marketplace nevertheless welcomes American businesses to make investments, according to attorney Yang.

“China does not want to decouple with the U.S. — at minimum economically,” he stated.

U.S. organizations in China are advised not to stress just but.

More investigate by Charles Zhang.

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