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中国颁布阻断立法应对外国法律不当域外实施 As the first departmental legislation of the Ministry of Commerce (MOC) in 2021, Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (Blocking Rules) were published with immediate effect beginning Jan. 9, 2021. Given the trade, technology, and even diplomacy tensions between the United States and China, a series of legislations were promulgated starting in the second half of 2020. ...

To embed, copy and paste the code into your website or blog: There’s been a non-stop bombardment of recent export amendments involving China and other “countries of concern” within the last six months. The main driver behind these has been the U.S. Government’s concern about the Chinese national strategy of “military-civil fusion” – using civilian companies to help support Chinese military and intelligence activities. It is believed that U.S. companies that have historically sold ...

Opinion: The Problem With China’s New Rules on Foreign Sanctions Henry Chen is a senior partner at Dentons Shanghai Office. Previously, he was AP compliance director of Ford Motor Co. Michael E. Zolandz is the chair of Dentons’ federal regulatory and compliance practice, and serves as the managing partner for Dentons’ Washington, DC office. An overview Drawing inspiration from the European Union’s legal practice, China has created a similar legal regime for counteracting the impact of...

On January 9, 2021, the Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures (" Rules"), are hereby promulgated by Ministry of Commerce of the Peoples Republic of China (" MOFCOM") and shall be effective as of the date of the promulgation. These Rules apply to situations where the extra-territorial application of foreign legislation and other measures, in violation of international law and the basic principles of international relations, un...

On January 9, 2021, China’s Ministry of Commerce (MOFCOM) issued its No. 1 Order of 2021 titled “The Rules on Blocking Unjustified Extraterritorial Application of Foreign Legislation...

On January 9, 2021, China’s Ministry of Commerce (“ MOFCOM”) issued its first order of the year, the Rules on Counteracting Unjustified Extra-Territorial Application of Foreign Legislation and Other Measures (the “ Rules”), which are immediately effective as of the date of promulgation. These Rules are aimed to counteract the effects of US secondary sanctions, and parallels are inevitably being made with the EUs Blocking Statute 1. This article will point out the five aspects to know ...

In response to a U.S. government consensus that trade with China involves grave national security risks, the Trump Administration promulgated a broad series of China-directed export controls, economic sanctions and import rules. The flow of trade measures became a torrent in the Trump Administration’s final months. This alert briefly surveys key new trade controls from late in the Trump Administration and Chinese policy responses that the Biden Administration inherits. It is not clear that th...

The Ministry of Commerce (MOFCOM) released Order No. 1 of 2021 on Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (the Rules) effective on January 9, 2021. The Rules, which are based upon the National Security Law, have 16 articles in total and seek to prevent companies from complying with foreign laws prohibiting transactions with Chinese firms. It is our belief that the Rules are a direct response to the ongoing sanctions imposed upo...

To embed, copy and paste the code into your website or blog: On January 9, 2021, China’s Ministry of Commerce (MOFCOM) issued Rules on Counteracting Unjustified Extra-territorial Application of Foreign Legislation and Other Measures (Blocking Rules), effective immediately. The Blocking Rules (i) establish a means by which Chinese companies damaged by unilaterally imposed trade restrictions from the U.S. (or other countries) may seek redress, and (ii) give China the ability to unilaterally nul...

China’s new Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (《阻断外国法律与措施不当域外适用办法》) (the “Rules”) create a new framework to mitigate the impact of foreign legal measures, including economic sanctions and information requests, on Chinese economic and security interests. They are the latest among a series of regulations—including legislation promulgated in 2019 and 2020 restricting assistance wi...