These authorities are further codified by OFAC in its regulations which are published the Code of Federal Regulations (CFR). In August 2018, the National Defense Authorization Act for Fiscal Year 2019 (NDAA 2019) banned Huawei and ZTE equipment from being used by the U.S. federal government, citing security concerns. Sanctions are also used as a foreign policy tool by individual states, or groups of countries working together, when all other diplomatic methods have failed. On June 17, 2020, the President signed the Uyghur Human Rights Policy Act of 2020 into law. The law authorizes the President to impose sanctions on persons, including Chinese government officials, determined to be responsible for certain human rights violations and abuses committed against Muslim minority groups in China or elsewhere. The license requirements, license exceptions, and licensing policy vary depending upon the particular sanctioned destination. The Chinese government does not provide any official documents in the English language. Economic sanctions are administered primarily by the Ministry of Foreign Affairs (MFA) and enforced by relevant authorities such as the General Customs of China, People’s Bank of China (the central bank), China Banking and Insurance Regulatory Commission, China Securities Regulatory Commission, Ministry of Transport and the Ministry of Public Security, in their respective authority. The Foreign Trade Law (2016, as amended) has two general provisions that set forth “the State may restrict or prohibit the import or export of relevant goods or technology if…it is necessary to restrict or prohibit the import or export under any other circumstance as provided for in any international treaty or agreement that China has concluded or acceded to” (Article 16), and “when in war or for keeping international peace and security, the State may take any necessary measures in terms of the import or export of goods or technology” (Article 17). On July 14, 2020, MFA also announced sanctions on Lockheed Martin, which is said to be involved in U.S. arms sales to Taiwan. The UN sanctions list is available on the UN website. The law authorizes the President to impose sanctions on persons, including Chinese government officials, determined to be responsible for certain human rights violations and abuses committed against Muslim minority groups in China or elsewhere. 2.10     Does your jurisdiction have an export control regime that is distinct from sanctions? Ukraine imposes sanctions on China’s Skyrizon. Other authorities are public laws (statutes) passed by The Congress. If the authorities find that such violations constitute criminal offences, cases are further investigated by public security organs and/or the anti-smuggling division of Customs, and prosecuted by the people’s procuratorates. Sanctions List Search has a slider-bar that may be used to set a threshold (i.e., a confidence rating) for the closeness of any … 2.9       What is the process for lifting sanctions? However, there are legal basis provided in Chinese law and regulations that sanctions may be imposed outside China. 4.9       What are the maximum financial penalties applicable to individuals and legal entities found to have violated economic sanctions? As to the abovementioned possible Chinese sanction lists, the Chinese government has not published any implementing rules regarding the process for lifting sanctions. In general, China does not promulgate specific laws for economic sanctions; rather, China adopts United Nations (UN) sanctions-related resolutions. On 19 September 2020, the Ministry of Commerce of the People’s Republic of China (“MOFCOM”) issued the Regulations on Unreliable Entity List (“UEL Regulations”), which take effect on the same date. There are both corporate and personal liabilities for administrative violations. The US Department of Commerce said that nine companies were being added to its Entity List for human […] The Sanctions List Search tool uses approximate string matching to identify possible matches between word or character strings as entered into Sanctions List Search, and any name or name component as it appears on the SDN List and/or the various other sanctions lists. According to MOFCOM officials, any foreign entity placed on the UEL will have the right to “appeal”. 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JunHe Law Offices, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, ICLG provide a comprehensive but accessible platform for comparative legal information. The United States said it is imposing sanctions on 33 Chinese companies and government institutions, nine for alleged human rights violations and the other 24 accused of ties to weapons of mass destruction (‘WMD’) and military activity. In addition, under PRC Criminal Law, foreign persons who are outside of PRC territory, and who have committed a crime against the PRC or its citizens, could be subject to criminal liabilities in China. For the additional economic sanctions-related measures proposed or under consideration, please see the discussions under question 2.4. Already registered? In total, Friday’s announcement added 77 companies and groups, including the four previously mentioned, to Commerce’s “Entities List” for a range of actions that endangered U.S. interests and national security, ranging from “militarization and unlawful maritime claims in the South China Sea” to the “theft of U.S. trade secrets.” List 2, effective August 23, 2018 places an additional duty rate of 25% on $16 billion worth of goods from China. When an UEL entity has taken remedial actions, the authority may remove it from the list. 2.11     Does your jurisdiction have blocking statutes or other restrictions that prohibit adherence to other jurisdictions’ sanctions or embargoes? China (CN) - embargo on arms. ICLG - Sanctions - Unlike the United States, China does not have any unilateral sanctions programmes. Some of these authorities are in the form of executive orders issued by the President. China had previously pledged to draw up a list of companies that harm its interests after the U.S. imposed sanctions on Chinese telecommunications gear supplier Huawei and placed it on a … Senators, Marco Rubio and Ted Cruz, Congressman Chris Smith, and Sam Brownback, the ambassador-at-large for international religious freedom) and one entity (i.e. MOFCOM announced that it is planning to designate certain foreign entities to the UEL in accordance with the Foreign Trade Law, the Anti-Monopoly Law, the National Security Law and other relevant laws, regulations and rules. Besides, the recent MFA announcement of possible sanctions over U.S. companies involved in U.S. arms sales to Taiwan and NGOs involved in the turmoil in Hong Kong indicated that China may impose sanctions even when there is no Mainland China nexus. Yes. Ukrainian President Volodymyr Zelenskiy has adopted Decree No. The Bureau of Industry and Security (BIS) implements U.S. Government certain sanctions against Cuba, Iran, North Korea, and Syria pursuant to the Export Administration Regulations (EAR), either unilaterally or to implement United Nations Security Council Resolutions.. Reports that semiconductor and oil companies may soon join the US blacklist should not come as a surprise. Several product exclusions have been announced. In 2019, the Standing Committee of the National People’s Congress released the China Export Control Law Draft, which set forth regulations on re-export, clearance, record keeping and compliance requirements. Please see the Consolidated List page for more detailed information on what is included in the Consolidated List. Visit the link below to apply for an OFAC license. Date. The dispute heated up in May when the US and Trump said they would list Huawei on US sanctions lists but then later appeared to back away from its threats. Under most scenarios, UN sanctions-related resolutions are implemented by issuing administrative notices attaching UN resolutions, without any additional domestic rules for government agencies. 5.1       If not outlined above, what additional economic sanctions-related measures are proposed or under consideration? 4.14     What is the statute of limitations for economic sanctions violations? nuclear-related, missile-related, chemical and bio-chemical-weapons-related), and other sensitive items. Below OFAC has issued guidance and statements on specific licensing policies as they relate to the Chinese Military Companies Sanctions. 12-11-2020 issued Executive Order Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies. 2 min read China said Saturday it had launched a mechanism enabling it to restrict foreign entities, a much-anticipated move seen as retaliation to US penalties against Chinese companies such as telecom giant Huawei. The sanction is based on the Hong Kong Autonomy Act and Lam would be listed in the Specially Designated Nationals and Blocked Persons List. Are the materials publicly available in English? Except for adopting UN sanctions and embargoes, China does not maintain its own comprehensive sanctions or embargoes. Details of such mechanism have not yet been announced. JunHe Law Offices, Siyu (Rain) Wang The United States is restricting 11 Chinese companies from buying American technology and other goods because it says they're linked to alleged human rights violations in Xinjiang.
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