Analysis of China’s Regulations on Implementing the Anti-Foreign Sanctions Law
Published 26 March 2025
Sarah Xuan
In recent years, the international environment has become increasingly complex, with unilateral sanctions frequently used as tools in international relations. Countries often adopt corresponding legal measures to safeguard their own interests. In March 2025, the State Council of the People’s Republic of China issued the “Regulations on Implementing the Anti-Foreign Sanctions Law of the People’s Republic of China” (hereinafter referred to as the “Implementation Regulations”), clearly outlining specific countermeasures and implementation processes against foreign sanctions, thereby providing a definitive legal basis for China’s response to foreign sanctions.
I. Core Content and Highlights of the Implementation Regulations
First, the Implementation Regulations clearly define the purpose of anti-foreign sanctions efforts, namely to implement the holistic national security concept and protect China’s sovereignty, security, development interests, as well as the legitimate rights and interests of Chinese citizens and organizations. This clearly establishes the legislative intent and objectives, guiding relevant departments in the implementation of measures.
Second, the Implementation Regulations explicitly define the specific circumstances in which countermeasures are applicable. When a foreign state violates international law and fundamental principles governing international relations, and under various pretexts or according to its domestic laws, imposes discriminatory restrictions against Chinese citizens or organizations, interferes in China’s internal affairs, or engages in or supports actions that undermine China’s sovereignty, security, and development interests, the relevant departments of the State Council have the authority to implement countermeasures, including adding relevant organizations, individuals, and associated entities to a counter-sanctions list.
Additionally, the Implementation Regulations clearly identify the types of countermeasures and responsible entities, including:
1. Visa restriction measures: Implemented by the foreign affairs department and national immigration administration under the State Council, involving denial of visa issuance, denial of entry, visa cancellation, or deportation. 2. Asset seizure, attachment, and freezing measures: Executed by the public security, finance, natural resources, transportation, customs, market supervision, financial regulation, and intellectual property departments under the State Council, involving various assets such as cash, negotiable instruments, bank deposits, securities, fund shares, equity, intellectual property, and accounts receivable. 3. Restrictions on transactions and cooperation: Administered by departments responsible for education, science and technology, judicial administration, environmental protection, commerce, culture and tourism, health, and sports under the State Council, covering activities in education, science and technology, legal services, environmental protection, trade, culture, tourism, health, and sports. 4. Other necessary measures: Including prohibitions or restrictions on import-export activities, domestic investment, export items, provision of data and personal information, cancellation or restriction of work permits and residency qualifications for relevant individuals, as well as fines.
The Implementation Regulations also establish a cross-departmental collaboration mechanism, clarifying the responsibilities and division of labor among departments such as foreign affairs, commerce, development and reform, and judicial administration, enhancing information sharing and ensuring efficient coordination during implementation.
Moreover, the Implementation Regulations specify procedures for adjusting countermeasures. Organizations or individuals subject to countermeasures may apply for suspension, modification, or cancellation by presenting facts and justifications. The relevant departments of the State Council can adjust measures based on actual circumstances and evaluation outcomes. This mechanism ensures flexibility and adaptability in the implementation of countermeasures.
II. Practical Significance of the Promulgation of the Implementation Regulations
Currently, the phenomenon of unilateral sanctions in international relations is on the rise, with some countries employing economic, financial, and technological means to impose restrictions on other nations. These unilateral measures, such as technological blockades and economic sanctions, have tangible impacts on the economic development and international cooperation of targeted countries.
The promulgation of the Implementation Regulations equips China with legal tools to respond to such international actions, enabling the protection of its legitimate rights and providing explicit legal safeguards for citizens and enterprises. Additionally, these regulations reflect China’s stance against unilateral sanctions and its support for multilateral cooperation.
III. Potential Challenges and Responsive Measures
Although the Implementation Regulations have clearly defined measures and procedures, challenges may arise during their implementation:
First, there is the challenge of implementing countermeasures without escalating tensions with other countries. To address this, international dialogue and diplomatic communication should be employed to minimize misunderstandings and conflicts.
Second, enterprises may face dual compliance pressures from both domestic and foreign legal obligations. Government departments should provide clear and detailed guidance to assist enterprises in understanding and navigating legal risks.
Third, in practical application, the criteria for inclusion in the counter-sanctions list and the specific scope of applicable measures need further clarification to enhance the accuracy and operability of policies.
[Comment]
In summary, the issuance of the “Regulations on Implementing the Anti-Foreign Sanctions Law of the People’s Republic of China” clarifies China’s legal stance and measures regarding responses to unilateral international sanctions. The regulations clearly outline the content, applicable circumstances, and execution procedures for countermeasures, enhancing policy clarity and operability.
In the future, China should continuously refine relevant legal systems, clarify implementation details, and actively engage in international communication and cooperation to minimize potential frictions and disagreements during policy implementation. Through continuous optimization and refinement, the Implementation Regulations can more effectively safeguard national interests and promote international cooperation.
I. Core Content and Highlights of the Implementation Regulations
First, the Implementation Regulations clearly define the purpose of anti-foreign sanctions efforts, namely to implement the holistic national security concept and protect China’s sovereignty, security, development interests, as well as the legitimate rights and interests of Chinese citizens and organizations. This clearly establishes the legislative intent and objectives, guiding relevant departments in the implementation of measures.
Second, the Implementation Regulations explicitly define the specific circumstances in which countermeasures are applicable. When a foreign state violates international law and fundamental principles governing international relations, and under various pretexts or according to its domestic laws, imposes discriminatory restrictions against Chinese citizens or organizations, interferes in China’s internal affairs, or engages in or supports actions that undermine China’s sovereignty, security, and development interests, the relevant departments of the State Council have the authority to implement countermeasures, including adding relevant organizations, individuals, and associated entities to a counter-sanctions list.
Additionally, the Implementation Regulations clearly identify the types of countermeasures and responsible entities, including:
1. Visa restriction measures: Implemented by the foreign affairs department and national immigration administration under the State Council, involving denial of visa issuance, denial of entry, visa cancellation, or deportation. 2. Asset seizure, attachment, and freezing measures: Executed by the public security, finance, natural resources, transportation, customs, market supervision, financial regulation, and intellectual property departments under the State Council, involving various assets such as cash, negotiable instruments, bank deposits, securities, fund shares, equity, intellectual property, and accounts receivable. 3. Restrictions on transactions and cooperation: Administered by departments responsible for education, science and technology, judicial administration, environmental protection, commerce, culture and tourism, health, and sports under the State Council, covering activities in education, science and technology, legal services, environmental protection, trade, culture, tourism, health, and sports. 4. Other necessary measures: Including prohibitions or restrictions on import-export activities, domestic investment, export items, provision of data and personal information, cancellation or restriction of work permits and residency qualifications for relevant individuals, as well as fines.
The Implementation Regulations also establish a cross-departmental collaboration mechanism, clarifying the responsibilities and division of labor among departments such as foreign affairs, commerce, development and reform, and judicial administration, enhancing information sharing and ensuring efficient coordination during implementation.
Moreover, the Implementation Regulations specify procedures for adjusting countermeasures. Organizations or individuals subject to countermeasures may apply for suspension, modification, or cancellation by presenting facts and justifications. The relevant departments of the State Council can adjust measures based on actual circumstances and evaluation outcomes. This mechanism ensures flexibility and adaptability in the implementation of countermeasures.
II. Practical Significance of the Promulgation of the Implementation Regulations
Currently, the phenomenon of unilateral sanctions in international relations is on the rise, with some countries employing economic, financial, and technological means to impose restrictions on other nations. These unilateral measures, such as technological blockades and economic sanctions, have tangible impacts on the economic development and international cooperation of targeted countries.
The promulgation of the Implementation Regulations equips China with legal tools to respond to such international actions, enabling the protection of its legitimate rights and providing explicit legal safeguards for citizens and enterprises. Additionally, these regulations reflect China’s stance against unilateral sanctions and its support for multilateral cooperation.
III. Potential Challenges and Responsive Measures
Although the Implementation Regulations have clearly defined measures and procedures, challenges may arise during their implementation:
First, there is the challenge of implementing countermeasures without escalating tensions with other countries. To address this, international dialogue and diplomatic communication should be employed to minimize misunderstandings and conflicts.
Second, enterprises may face dual compliance pressures from both domestic and foreign legal obligations. Government departments should provide clear and detailed guidance to assist enterprises in understanding and navigating legal risks.
Third, in practical application, the criteria for inclusion in the counter-sanctions list and the specific scope of applicable measures need further clarification to enhance the accuracy and operability of policies.
[Comment]
In summary, the issuance of the “Regulations on Implementing the Anti-Foreign Sanctions Law of the People’s Republic of China” clarifies China’s legal stance and measures regarding responses to unilateral international sanctions. The regulations clearly outline the content, applicable circumstances, and execution procedures for countermeasures, enhancing policy clarity and operability.
In the future, China should continuously refine relevant legal systems, clarify implementation details, and actively engage in international communication and cooperation to minimize potential frictions and disagreements during policy implementation. Through continuous optimization and refinement, the Implementation Regulations can more effectively safeguard national interests and promote international cooperation.