{"id":12565,"date":"2021-06-11T08:33:17","date_gmt":"2021-06-11T00:33:17","guid":{"rendered":"https:\/\/www.whatchina.cn\/?p=12565"},"modified":"2022-03-17T13:45:11","modified_gmt":"2022-03-17T05:45:11","slug":"anti-foreign-sanctions-law","status":"publish","type":"post","link":"https:\/\/www.whatchina.cn\/anti-foreign-sanctions-law.html","title":{"rendered":"Why China Enacted Anti-foreign Sanctions Law"},"content":{"rendered":"<div class=\"37c28470d9d6d3cb9ff74e663adb766a\" data-index=\"2\" style=\"float: none; margin:0px 0 0px 0; text-align:center;\">\n<script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-3594734025006597\"\r\n     crossorigin=\"anonymous\"><\/script>\n<\/div>\n<p>On the afternoon of June 10, the 29th meeting of the Standing Committee of the 13th National People&#8217;s Congress voted and passed the Anti-Foreign Sanctions Law of the People&#8217;s Republic of China. President Xi Jinping signed a presidential order to be promulgated, and it will be implemented on the day of promulgation. What is the background and purpose of the promulgation of this law, what are the main considerations in the drafting process, and what are the main institutional mechanisms established by the law? A reporter from Xinhua News Agency interviewed the head of the Legal Work Committee of the Standing Committee of the National People&#8217;s Congress on these issues.<br \/>\nReporter: Why is the anti-foreign sanctions law enacted? What is the background and main purpose of this law?<br \/>\nAnswer: After more than 40 years of development in reform and opening up, China has made major achievements that have attracted worldwide attention and made important contributions to the cause of world peace and development. China has always adhered to the path of socialism with Chinese characteristics, held high the banner of peace, development, cooperation, and win-win, adhered to an independent foreign policy of peace, unswervingly followed the path of peaceful development, developed friendly relations with all countries in the world, and promoted the building of mutual relations. A new type of international relations featuring respect, fairness, justice, and win-win cooperation will promote the building of a community with a shared future for mankind. However, &#8220;the tree wants to be quiet but the wind does not stop.&#8221; In recent years, certain Western countries and organizations have been reluctant to see, recognize, and accept the reality of China\u2019s tremendous development and progress. Out of political manipulation and ideological prejudice, they have used Xinjiang, Tibet, Hong Kong, Taiwan, and sea issues. Involving epidemics and other issues and excuses, blaming, discrediting, and attacking China\u2019s domestic and foreign policies and related legislative amendment agendas, distorting, slandering, containing and suppressing China\u2019s development, especially violations of international law and basic norms of international relations, based on its own country The law imposes so-called &#8220;sanctions&#8221; on China&#8217;s relevant state agencies, organizations, and state personnel, and grossly interferes in China&#8217;s internal affairs.<br \/>\nIt must be pointed out that the so-called &#8220;sanctions&#8221; imposed on China by certain Western countries and organizations under the guise of safeguarding democracy and human rights are all illegal and unreasonable. Non-interference in internal affairs is the basic principle of contemporary international relations and the rule of law. The &#8220;Declaration on the Principles of International Law for the Establishment of Friendly Relations and Cooperation between Countries in accordance with the Charter of the United Nations&#8221; adopted by the UN General Assembly in 1970 clearly stated: &#8220;No country or group of countries has the right to directly or indirectly interfere in the internal affairs or foreign affairs of any other country for any reason. &#8220;Every country has the inalienable right to choose its political, economic, social, and cultural systems without any form of interference from other countries.&#8221;<br \/>\nChina has always opposed any country and foreign forces from interfering in China&#8217;s internal affairs in any way, and against imposing its will on others. China is no longer what it was more than a hundred years ago, and the Chinese people are not easy to bully! In response to the illegal acts of some Western countries that have interfered in our internal affairs and undermined the international rule of law in recent years, our government has repeatedly expressed firm opposition and strong condemnation. The Standing Committee of the National People&#8217;s Congress and the Foreign Affairs Committee of the National People&#8217;s Congress have also spoken out many times to express their solemn stand. In order to resolutely safeguard national sovereignty, dignity and core interests, and oppose Western hegemonism and power politics, the Chinese government has repeatedly announced the implementation of corresponding countermeasures against individuals and entities in relevant countries, which is what ancient Chinese sages said &#8220;That is to use the way of the person, but also the body of the person.&#8221;<br \/>\nIn November 2020, General Secretary Xi Jinping delivered an important speech at the Central Work Conference on Comprehensive Rule of Law, emphasizing: \u201cWe must strengthen the rule of law thinking, apply the rule of law, effectively respond to challenges, prevent risks, and make comprehensive use of legislation, law enforcement, and justice. Struggle and resolutely safeguard national sovereignty, dignity, and core interests.\u201d Before and after the \u201cTwo Sessions\u201d throughout the country this year, some NPC deputies, CPPCC members, and people from all walks of life put forward opinions and suggestions, believing that it is necessary for the country to formulate a special anti-foreign sanctions law. Provide strong legal support and legal protection for my country to counter foreign discriminatory measures in accordance with the law. In March 2021, the Fourth Session of the 13th National People\u2019s Congress reviewed and approved the \u201cWork Report of the Standing Committee of the National People\u2019s Congress\u201d. Control the long-arm jurisdiction, etc., and enrich the legal &#8220;toolbox&#8221; for coping with challenges and preventing risks.<br \/>\nThe Standing Committee of the National People\u2019s Congress has adapted to the requirements of accelerating the promotion of foreign-related legislation. In a relatively short period of time, it has drafted, reviewed and passed anti-foreign sanctions laws. This is an urgent need to counter the hegemonism and power politics of certain Western countries and to safeguard national sovereignty. The urgent need for security, security, and development interests is an urgent need for the overall promotion of the domestic rule of law and foreign-related rule of law, which has important practical and long-term significance. The promulgation and implementation of the law will help counteract the containment and suppression of my country by some foreign countries and organizations in accordance with the law, effectively crack down on the arrogant acts of foreign anti-China forces and hostile forces, effectively enhance my country&#8217;s ability to deal with external risks and challenges of the rule of law, and accelerate the formation of a complete system. The system of foreign-related laws and regulations.<br \/>\nReporter: What are the overall considerations, important principles and requirements for formulating the anti-foreign sanctions law?<br \/>\nAnswer: The overall requirements for formulating the anti-foreign sanctions law are: adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement Xi Jinping\u2019s thoughts on the rule of law and Xi Jinping\u2019s diplomatic thoughts, and fully implement the 19th National Congress of the Communist Party of China and the second and third middle schools of the 19th session. The spirit of the Fourth and Fifth Plenary Sessions, adhere to the overall national security concept, better coordinate development and security, abide by the foreign policy of maintaining world peace and promoting common development, safeguarding national sovereignty, security, and development interests, and safeguarding the legality of our citizens and organizations Rights and interests, and strive to create a good external environment for the comprehensive construction of a modern socialist country and the realization of the Chinese dream of the great rejuvenation of the Chinese nation.<br \/>\nThe anti-foreign sanctions legislative work to implement the above-mentioned overall requirements must follow and grasp the following important principles: first, adhere to serving the overall situation, use rule of law thinking and methods to deal with major risks and challenges, coordinate the promotion of domestic rule of law and foreign-related rule of law, and serve both domestic and international situations. . The second is to adhere to the need for urgent use first, and adopt the form of special legislation in accordance with the needs of practice and situation to enhance the pertinence and operability of anti-foreign sanctions legislation. The third is to adhere to laws and regulations, summarize my country\u2019s practical experience, learn from relevant foreign practices, improve and improve anti-sanctions, anti-interference, and anti-long-arm jurisdiction laws and regulations, and improve the ability to manage risks and respond to challenges in accordance with the law.<br \/>\nReporter: The name of this law is determined to be the Anti-Foreign Sanctions Law. What are the considerations for its application?<br \/>\nAnswer: This law is named the Anti-Foreign Sanctions Law, and it is the word &#8220;anti&#8221; that is eye-catching. Our country has consistently opposed hegemonism and power politics in its foreign exchanges, opposed the so-called &#8220;unilateral sanctions&#8221; at every turn, and opposed the use of economic, technological, and military strength by individual Western powers to wield big sticks. We will sanction this country today and that country tomorrow. These &#8220;unilateral sanctions&#8221; are illegal, no matter what the name or the excuse, and they are all manifestations of bullying.<br \/>\nThe Chinese never cause trouble, and are never afraid of trouble. Chairman Mao Zedong once said back then: If people do not offend me, I will not offend others; if anyone offends me, I will offend others. This is a sentence full of justice, rationality and struggle spirit, and it still has important practical significance today. In response to certain Western countries and organizations using Xinjiang-related Tibet-related issues such as Hong Kong-related issues such as Taiwan, sea-related epidemics and other issues as an excuse to interfere in my country&#8217;s internal affairs and impose so-called &#8220;sanctions&#8221; on bullying behaviors against relevant state agencies, organizations, and state agencies. , The Chinese government has adopted powerful countermeasures to counteract some individuals and organizations that behave badly and have no faith or morals.<br \/>\nThe name of the law should reflect the main circumstances and key objects of the application of the law. The main purpose of the anti-foreign sanctions law is to counter, counterattack, and oppose the so-called &#8220;unilateral sanctions&#8221; imposed on China by foreign countries, safeguard my country&#8217;s sovereignty, security, and development interests, and protect the legitimate rights and interests of Chinese citizens and organizations. This is a directional and highly targeted special law with concise content and distinctive features. It is named after the &#8220;Anti-Foreign Sanctions Law&#8221;, which can be said to be veritable and appropriate. The Anti-Foreign Sanctions Law mainly targets the so-called &#8220;unilateral sanctions&#8221; for foreign interference in China&#8217;s internal affairs, and provides legal support and legal protection for my country to take corresponding countermeasures; at the same time, this law also provides for my country to take the initiative to take countermeasures in certain circumstances. The activities of cracking down on foreign anti-China forces and hostile forces provide a basis for the rule of law. For this, Article 15 of the Anti-Foreign Sanctions Law makes relevant provisions.<br \/>\nReporter: What are the main contents of the Anti-Foreign Sanctions Law?<br \/>\nAnswer: The Anti-Foreign Sanctions Law has 16 articles, mainly including the following contents.<br \/>\n(1) Basic foreign policy and principled positions. my country has always advocated the development of friendly relations with countries around the world on the basis of adhering to the Five Principles of Peaceful Coexistence. my country\u2019s countermeasures through legislation are fundamentally different from the so-called &#8220;unilateral sanctions&#8221; imposed by some Western countries. They are to respond to and fight back against certain Western countries. Defensive measures to contain and suppress China. In accordance with the spirit of the relevant provisions of the Constitution, Article 2 and Article 3, paragraph 1, of the Anti-Foreign Sanctions Law reiterate China\u2019s long-standing basic foreign policy and principled position, and solemnly declare: The People\u2019s Republic of China adheres to an independent foreign policy of peace and adheres to mutual respect. The five principles of sovereignty and territorial integrity, mutual non-aggression, non-interference in each other\u2019s internal affairs, equality and mutual benefit, and peaceful coexistence, safeguard the international system with the United Nations as the core and the international order based on international law, develop friendly cooperation with countries around the world, and promote Build a community with a shared future for mankind. The People\u2019s Republic of China opposes hegemonism and power politics, and opposes any country\u2019s interference in China\u2019s internal affairs under any pretext and in any way.<br \/>\n(2) Circumstances in which countermeasures are taken and to whom the countermeasures apply. According to the second paragraph of Article 3 of the Anti-Foreign Sanctions Law, countermeasures are taken when a foreign country violates international law and the basic norms of international relations, and uses various excuses or in accordance with its own laws to contain and suppress my country, and to impose countermeasures on my country. Where citizens and organizations take discriminatory restrictive measures to interfere in our internal affairs, our country has the right to take corresponding countermeasures.<br \/>\nAccording to the provisions of Articles 4 and 5 of the Anti-Foreign Sanctions Law, the target of the countermeasures: First, the relevant departments of the State Council may decide to include individuals and organizations that directly or indirectly participate in the formulation, decision, and implementation of the above-mentioned discriminatory restrictive measures Counter list. Second, in addition to the individuals and organizations listed on the countermeasures list, the relevant departments of the State Council may also decide to take countermeasures against the following individuals and organizations: the spouses and immediate family members of the individuals listed on the countermeasures list; Managers or actual controllers; organizations where individuals listed on the countermeasures list serve as senior management personnel; organizations that are actually controlled by, or participate in the establishment and operation of, individuals and organizations listed on the countermeasures list. Individuals and organizations within the above-mentioned range may be identified as the target of the countermeasures.<br \/>\n(3) Countermeasures. Article 6 of the Anti-Foreign Sanctions Law clearly enumerates three types of countermeasures: one is not to issue visas, to be denied entry, to cancel visas or to deport; the other is to seal up, seize, and freeze movable property, real property and other The third is to prohibit or restrict organizations and individuals within the territory of my country from conducting relevant transactions, cooperation and other activities with them. At the same time, it has also made a bottom line provision, that is, &#8220;other necessary measures.&#8221;<br \/>\nAccording to the law, the relevant departments of the State Council may, in accordance with their respective responsibilities and tasks, decide to take one or several of these measures based on the actual situation in accordance with the specific application of the above-mentioned countermeasures. If the circumstances on which the countermeasures are taken change, the relevant departments of the State Council may suspend, change or cancel the countermeasures. The confirmation, suspension, modification or cancellation of the countermeasure list and countermeasure measures shall be announced by the Ministry of Foreign Affairs or other relevant departments of the State Council by issuing an order.<br \/>\nIn order to strengthen the enforcement and deterrence of countermeasures, and to reflect the nature of national sovereignty acts, Article 7 of the Anti-Foreign Sanctions Law stipulates that the decision made by the relevant departments of the State Council in accordance with the relevant provisions of this law shall be final.<br \/>\n(4) Countermeasures working mechanism. To do a good job in anti-foreign sanctions, it is necessary to establish relevant working mechanisms, and relevant departments coordinate and cooperate with each other. Therefore, Article 10 of the Anti-Foreign Sanctions Law stipulates that the state establishes a coordination mechanism for anti-foreign sanctions to be responsible for overall coordination of related work. The relevant departments of the State Council shall strengthen coordination and information sharing, and determine and implement relevant countermeasures in accordance with their respective responsibilities and tasks.<br \/>\n(5) Obligations of relevant organizations and individuals. The Anti-Foreign Sanctions Law stipulates the obligations of relevant organizations and individuals and the consequences of illegal acts in three aspects: First, organizations and individuals within my country should implement countermeasures taken by relevant departments of the State Council. Relevant organizations and individuals who violate the regulations shall be dealt with by relevant departments of the State Council in accordance with the law, restricting or prohibiting them from engaging in related activities. Second, no organization or individual may implement or assist in the implementation of discriminatory restrictive measures taken by foreign countries against Chinese citizens and organizations. Where relevant organizations and individuals violate the regulations and infringe upon the lawful rights and interests of Chinese citizens and organizations, Chinese citizens and organizations may file a lawsuit in the people&#8217;s courts in accordance with the law, requesting them to stop the infringement and compensate for the losses. Third, any organization or individual who fails to implement or cooperate with the implementation of countermeasures shall be investigated for legal responsibility in accordance with the law.<br \/>\nReporter: In addition to the newly promulgated anti-foreign sanctions law, what other laws and regulations of the country provide for countermeasures?<br \/>\nAnswer: Some Western countries have adopted discriminatory restrictive measures against Chinese citizens, enterprises or other organizations for various purposes. They are not limited to so-called &#8220;unilateral sanctions&#8221; measures. There are other forms that are consistent with international law and basic norms of international relations. Restrictive measures to deviate. Some laws in my country&#8217;s current laws have provided similar countermeasures. For example, Article 48 of the \u201cExport Control Law of the People\u2019s Republic of China\u201d passed by the Standing Committee of the National People\u2019s Congress in October 2020 stipulates: \u201cIf any country or region abuses export control measures to endanger the national security and interests of the People\u2019s Republic of China, the People\u2019s Republic of China may According to the actual situation, the country or region shall be reciprocally taken measures.\u201d Another example is that in September 2020 and January 2021, with the approval of the State Council, the Ministry of Commerce successively promulgated the &#8220;Regulations on the List of Unreliable Entities&#8221; and the &#8220;Laws and Measures for Blocking Foreign Countries&#8221; Measures for Improper Extraterritorial Application. Taking into account the above situation and to reserve legal space for similar situations in the future, the Anti-Foreign Sanctions Law specifically makes a cohesive and compatible provision, that is, Article 13 stipulates: &#8220;For acts that endanger my country&#8217;s sovereignty, security, and development interests, In addition to the provisions of this law, relevant laws, administrative regulations, and departmental rules may provide for other necessary countermeasures.&#8221;<br \/>\nReporter: Will the enactment and implementation of the anti-foreign sanctions law have an adverse effect on the country&#8217;s opening up?<br \/>\nAnswer: No. The &#8220;Proposals of the Central Committee of the Communist Party of China on Formulating the Fourteenth Five-Year Plan for National Economic and Social Development and Long-Term Goals for 2035&#8221; adopted by the Fifth Plenary Session of the 19th Central Committee of the Communist Party of China and approved by the Fourth Session of the 13th National People&#8217;s Congress The Fourteenth Five-Year Plan for the National Economic and Social Development of the People\u2019s Republic of China and the Outline of Long-Term Goals for 2035 both take &#8220;coordinated development and security&#8221; as an important content of the guiding ideology for future development and make strategic deployments. In the new journey of building a modern socialist country in an all-round way, China&#8217;s determination and will to deepen reforms and open wider to the outside world is unwavering, as is its determination and will to safeguard national sovereignty, security, and development interests.<br \/>\nIn recent years, the National People\u2019s Congress and its Standing Committee have attached great importance to the establishment of the rule of law in safeguarding national security, as well as the establishment of the rule of law in the expansion of opening up. In March 2019, the &#8220;Foreign Investment Law of the People&#8217;s Republic of China&#8221; passed at the Second Session of the 13th National People&#8217;s Congress provides a powerful legal guarantee for promoting foreign investment, optimizing the business environment, and expanding opening up. At the 29th meeting of the Standing Committee of the 13th National People\u2019s Congress, which closed on the afternoon of June 10, the Law of the People\u2019s Republic of China on Hainan Free Trade Port and the Standing Committee of the National People\u2019s Congress were passed at the same time as the Anti-Foreign Sanctions Law. The Committee\u2019s Decision on Authorizing the Shanghai Municipal People\u2019s Congress and its Standing Committee to formulate Pudong New Area laws and regulations. These are all new measures taken by the country to deepen reform and expand opening up.<\/p>\n<div class=\"37c28470d9d6d3cb9ff74e663adb766a\" data-index=\"2\" style=\"float: none; margin:0px 0 0px 0; text-align:center;\">\n<script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-3594734025006597\"\r\n     crossorigin=\"anonymous\"><\/script>\n<\/div>\n\n<div style=\"font-size: 0px; height: 0px; line-height: 0px; margin: 0; padding: 0; clear: both;\"><\/div>","protected":false},"excerpt":{"rendered":"<p>On the afternoon of June 10, the 29th meeting of the Standing Committee of the&#8230;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ngg_post_thumbnail":0,"footnotes":""},"categories":[272],"tags":[],"class_list":["post-12565","post","type-post","status-publish","format-standard","hentry","category-today"],"_links":{"self":[{"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/posts\/12565","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/comments?post=12565"}],"version-history":[{"count":0,"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/posts\/12565\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/media?parent=12565"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/categories?post=12565"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.whatchina.cn\/wp-json\/wp\/v2\/tags?post=12565"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}