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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 EU's Blocking Statute 1. This article will point out the five aspects to know about the Rules. I. What will be counteracted under the Rules? The Rules aim to block the unjustifi...

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 the Biden Administration will prioritize a more regularized trading relationship with China. As it mov...

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 upon Chinese tech companies, particularly to U.S. actions against Chinese companies including Huawei an...

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 nullify the effects of such restrictions for its citizens. Such nullification will set up a potential f...

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 with foreign criminal and civil proceedings and China’s new sanctions and export controls regimes pr...