China issues rules on countermeasures against foreign states' unlawful extraterritorial jurisdiction

BEIJING -- Chinese Premier Li Qiang has signed a decree of the State Council to publish a new set of rules on countering foreign states' unlawful extraterritorial jurisdiction measures.

The regulations, consisting of 20 articles, take effect upon publication.

According to the rules, such extraterritorial jurisdiction measures refer to actions taken by a foreign country that violate international law and the basic norms governing international relations and that harm China's sovereignty, security and development interests, or the legitimate rights and interests of Chinese citizens and organizations.

The rules also stipulate that the Chinese government has the authority to take countermeasures in response to such actions.

They also state that the Chinese government has the authority to exercise extraterritorial jurisdiction over relevant conduct if a sufficient nexus exists.

The regulations establish a system of a malicious entity list targeting foreign organizations and individuals that promote or participate in the implementation of a foreign state's unlawful extraterritorial jurisdiction measures.

The regulations also state that no organization or individual shall enforce or assist in enforcing such unlawful jurisdiction measures.

The regulations state that Chinese citizens and organizations affected by unlawful extraterritorial jurisdiction measures may file lawsuits against those enforcing them, and that government authorities will provide guidance and support for such legal actions.

Chinese authorities have repeatedly expressed firm opposition to the abuse of unilateral sanctions and long-arm jurisdiction.

China's law on countering foreign sanctions was adopted in 2021. Key meetings of the Communist Party of China in recent years also pledged to strengthen mechanisms for countering foreign sanctions, interference, and long-arm jurisdiction.