Protecting its own rights and interests, maintaining international order, China introduces new regulations to counter foreign improper extraterritorial jurisdiction
The Regulation aims to safeguard national sovereignty, security, and development interests, protect the legitimate rights and interests of Chinese citizens and organizations, and uphold the international order based on international law.
The Regulation has a total of 20 articles, mainly stipulating the following contents: firstly, clarifying the scope of application and working mechanism. If foreign countries violate international law and basic norms of international relations, implement inappropriate extraterritorial jurisdiction measures, endanger China's national sovereignty, security, and development interests, and harm the legitimate rights and interests of Chinese citizens and organizations, the Chinese government has the right to take corresponding measures. It is clear that the Chinese government has the right to impose extraterritorial jurisdiction measures on acts that have appropriate connections with China. It is stipulated that the state shall establish and improve mechanisms for dealing with improper extraterritorial jurisdiction by foreign countries, and coordinate relevant work in a coordinated manner.
The second is to establish a system for identifying, blocking, and countering foreign inappropriate extraterritorial jurisdiction measures. Establish a system for identifying foreign inappropriate extraterritorial jurisdiction measures, clarify the procedures and considerations for identification work. It is explicitly stated that no organization or individual shall execute or assist in the execution of foreign improper extraterritorial jurisdiction measures, and relevant exemption systems have been established. Clarify the countermeasures and restrictive measures taken at the national level. Establish a malicious entity list system for foreign organizations and individuals who promote or participate in the implementation of inappropriate extraterritorial jurisdiction measures by foreign countries, clarify relevant procedures, measures taken, and exemption systems. A prohibition order system has been established for organizations and individuals who carry out or assist in the execution of foreign extraterritorial jurisdiction measures, and corresponding legal responsibilities have been clearly defined.
The third is to improve the service guarantee system. Any organization or individual who implements or assists in the implementation of inappropriate foreign extraterritorial jurisdiction measures that infringe upon the legitimate rights and interests of Chinese citizens or organizations may sue in accordance with the law. Relevant departments of the people's governments at or above the provincial level provide guidance services. Industry associations and chambers of commerce play a role in industry self-discipline and coordination, providing members with services related to responding to improper foreign extraterritorial jurisdiction.
China has introduced new regulations to counter foreign improper extraterritorial jurisdiction measures, "Malaysia's" Business Today "reported, citing the content of the regulations. This move is part of a broader legal tool developed by China to address foreign sanctions issues following the enactment of the 2021" Anti Foreign Sanctions Act ". China has always criticized unilateral sanctions and "long arm jurisdiction", especially the practices of Western countries, believing that these practices undermine global trade norms. The Regulation indicates that Beijing is continuing to strengthen its legal and policy response measures.
Professor Huo Zhengxin from China University of Political Science and Law stated in an interview with Global Times on the 13th that the fundamental purpose of the State Council's formulation of the "Regulations" is to oppose hegemonism and power politics, clarify in legal form that China does not accept any country's "long arm jurisdiction", use legal weapons to say "no" to international order disruptors and disruptors, and resolutely uphold the authority and seriousness of international law and order.
Huo Zhengxin introduced that for a period of time, some countries have been using the guise of "rule of law" to disregard international law, and the situation of forcing Chinese enterprises and related parties to comply with their own legislation, judiciary, and administrative measures through improper exercise of extraterritorial jurisdiction has become increasingly severe. This not only seriously disrupts the order of China's market economy and the legal environment, but also seriously undermines multilateralism and the foundation of international rule of law. The current "three countermeasures" laws and regulations in China lack targeted countermeasures and blocking tools against unilateral measures by foreign countries that improperly exercise extraterritorial jurisdiction. The promulgation of this Regulation establishes a legal system to counteract and block foreign improper extraterritorial jurisdiction through administrative regulations, further enriching the "three anti" legal toolbox. It is a landmark achievement for China to accelerate the construction of the foreign-related rule of law system and improve the foreign-related national security mechanism, and marks the further improvement of China's ability to use the rule of law to safeguard the rights and interests of the country and the people.
On the 13th, Zhou Wei, a researcher at the Research Institute of the Ministry of Commerce, told a reporter from Global Times that the promulgation of the "Regulations" has sufficient legality and rationality. On the one hand, the formulation of the Regulations is in line with China's current legal authorization and practical needs; On the other hand, the current situation is not due to China taking proactive measures, but rather due to many Chinese companies being severely impacted and restricted by inappropriate foreign extraterritorial jurisdiction measures. It is worth noting that, in addition to China, multiple economies such as the European Union have also implemented similar blocking or protection measures to safeguard the legitimate rights and interests of their own enterprises.
Huo Zhengxin told reporters that the "Regulations" have established a system for evaluating and responding to foreign countries' improper extraterritorial jurisdiction measures, as well as a list of "malicious entities". This not only provides a legal basis for countering foreign countries' improper exercise of extraterritorial jurisdiction over China, but also "customizes" precise countermeasures for foreign organizations and individuals who promote or participate in the implementation of foreign improper extraterritorial jurisdiction measures. He specifically mentioned that the "Regulations" innovatively establish a "prohibition order" system, which not only builds a solid "legal wall" to block improper extraterritorial jurisdiction measures implemented by foreign legislative, judicial or law enforcement authorities, but also provides a powerful "legal shield" for relevant parties to defend against such measures in accordance with the law.
Zhou Wei stated that the promulgation of the Regulation provides important reference and foundation for the subsequent formulation and improvement of relevant specific laws and regulations. With the continuous accumulation of practice, these experiences are expected to further promote higher-level legislative processes and gradually build a comprehensive legal system.