On June 17, 2020, the President signed the Uyghur Human Rights Policy Act of 2020 into law. Under most scenarios, UN sanctions-related resolutions are implemented by issuing administrative notices attaching UN resolutions, without any additional domestic rules for government agencies. All the laws and regulations are written in Chinese only. China is working on enacting an Export Controls Law to streamline and upgrade its export controls regime. JunHe Law Offices, Runyu (Roy) Liu 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. unpacking us-china sanctions and export control regulations: the us “entity list” In this article, the authors delve into the background and regulatory context of the list itself, as compared to other US sanctions lists, and discuss ways it has been used in the last four years under the Trump Administration. The links below send the user to OFAC's FAQ pages. 2.6 How does the public access those lists? 4.4 What are the maximum financial penalties applicable to individuals and legal entities convicted of criminal sanctions violations? 3.3 Are there licences available that would authorise activities otherwise prohibited by sanctions? 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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 there any significant ways in which your jurisdiction fails to implement United Nations sanctions? So far, China does not have its own list of sanctioned individuals and entities, other than adopting those of the UN Security Council. Yes. Yes, for details what sanctions apply, see above mentioned links or contact us. … Yes, for details what sanctions apply, see above mentioned links or contact us. As to the MOFCOM’s UEL and MFA’s sanctions, as of June 29, 2020, no entities or individuals have been added to any list. Generally, the Ministry of Foreign Affairs would first initiate a notice to notify various government agencies of the relevant UN Security Council resolutions and to urge the agencies to implement economic sanctions mandated by the resolutions. 2.8 Does your jurisdiction maintain any other sanctions? For an entity/individual listed as a sanctioned entity/individual by a UN resolution, corresponding actions including freezing the assets under bank accounts will be taken by a financial institution or a specific non-financial institution (Notice of the People’s Bank of China on Implementing the Relevant Resolutions of the United Nations Security Council, No. The resolutions by the competent authorities are generally public on their official websites. Various regulatory authorities, such as the General Customs of China, the People’s Bank of China, China Banking and Insurance Regulatory Commission, China Securities Regulatory Commission, and the Ministry of Transport, would then issue notices to implement measures in their respective jurisdictions. Yes, China has an export control regime that is distinct from sanctions. For example, in the case of money laundering, financial institutions may be subject to fines ranging from 200,000–5 million RMB and the persons in direct charge may be subject to fines ranging from 10,000–500,000 RMB, and be sanctioned by a disciplinary warning, be deprived of qualifications or be prohibited from engaging in relevant financial industry work. Sanctions List Search will look for and return potential matches from the SDN and Consolidated Lists. The maximum financial penalties are dependent on the activity of the violation, the gravity of the violation and the amount of the illegal income. Targeted sanctions are prohibitions on trade in specified goods, technologies, and services with specific organizations (including foreign governments) and persons. It is yet to be seen how it may be designed. Beijing would consider sanctions on entities whose activities "harm China's national sovereignty, security, and development interests" or violate "internationally accepted economic and trade rules". unpacking us-china sanctions and export control regulations: the us “entity list” In this article, the authors delve into the background and regulatory context of the list itself, as compared to other US sanctions lists, and discuss ways it has been used in the last four years under the Trump Administration. As to the abovementioned possible Chinese sanction lists, the Chinese government has not published any implementing rules regarding the process for lifting sanctions. However, the PRC government is changing its position to establish its own list of sanctioned individuals and entities. 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. Search the consolidated list More information on financial sanctions. Background of China's new sanctions list. The user can look under the List column to see which list(s) a potential match is on. The administrative organ shall examine the application to decide whether to accept the application within five days. Comprehensive sanctions prohibit virtually ALL exports/imports and other transactions without a license or other US Government authorization. For example, do sanctions restrictions apply based on the nationality of the parties involved? Does the scope of the US Entity List apply? Please also refer to the discussion under question 2.4. Weiyang (David) Tang 4.8 Is there both corporate and personal civil liability? China Issues the Regulations on Unreliable Entity List September 22, 2020 by Tracy Wut, Zhi Bao, Jon Cowley and Vivian Wu 4 Mins Read 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. The list … 1.3 Have there been any significant changes or developments impacting your jurisdiction’s sanctions regime over the past 12 months? 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. Foreign Sanctions Evaders List (“FSE List”) The FSE List is a list of persons OFAC has determined have engaged in conduct related to the evasion of U.S. sanctions on Iran and Syria. 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 … Aug 28, 2020 4:10 PM PHT. These sanctions – and their consequences in case of violations – only apply if the specific business falls within the scope of the US Entity List. Violations initially will be investigated by the relevant regulatory authorities, such as the People’s Bank of China or Customs. The Chinese government has announced sanctions against outgoing secretary of state Mike Pompeo and 27 other high-ranking officials under … Similar to criminal penalties, administrative (civil) penalties are provided in the administrative notices themselves. Another way of implementing UN resolutions is adding relevant government agencies’ additional rules/interpretations. Individuals/entities criminally punished could be placed on a discredited name list, which would have a wide range of consequences; for example, restrictions on excessive spending, restrictions on assuming managerial roles in an entity, stricter scrutiny in import and export, and other practical difficulties such as in obtaining financing, etc. While the notices themselves do not provide criminal penalties for violations, specific incompliant activities nevertheless may constitute criminal violations under PRC Criminal Law. The license requirements, license exceptions, and licensing policy vary depending upon the particular sanctioned destination. Canada has sanctions and related measures in place against a number of countries, as well as sanctions against specific individuals and entities identified as being: (i) responsible for, or complicit in, extrajudicial killings, torture or other gross violations of internationally recognized human rights; (ii) responsible for, or complicit in ordering, controlling or otherwise directing significant acts of … Yes, China implements UN sanctions through administrative notices. The National Security Law (2015) has provided legal authority for the State Council to take actions as necessary when there is a national security concern. Except for adopting UN sanctions and embargoes, so far China has not maintained other sanctions. 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. (iv) whether the actions of the entity constitute a threat or potential threat to China’s national security. China sanctions 28 outgoing officials Minutes after US President Joe Biden took office on Wednesday, Beijing announced sanctions against almost every Trump administration official who worked on China policy. In general, China does not promulgate specific laws for economic sanctions; rather, China adopts United Nations (UN) sanctions-related resolutions. Opinion. On July 14, 2020, MFA also announced sanctions on Lockheed Martin, which is said to be involved in U.S. arms sales to Taiwan. 2.1 What are the legal or administrative authorities for imposing sanctions? China has not imposed secondary sanctions. Log in Boeing, Lockheed Martin and Raytheon are among the list of U.S. businesses and individuals that will face Chinese sanctions over arms sales to China's Taiwan, announced Chinese Foreign Ministry spokesperson Zhao Lijian on Monday. Other authorities are public laws (statutes) passed by The Congress. When an UEL entity has taken remedial actions, the authority may remove it from the list. Ukraine imposes sanctions on China’s Skyrizon. List 3, effective September 24, 2018 places an additional 10% on $200 billion worth of goods from China, and an increase up to 25% of these goods was imposed on June 15, 2019. The reconsideration decision shall be made within 60 days from the date it accepts an application. The authority will conduct investigations as necessary. Part of that is getting direct… https://t.co/YR5jFJlcKn, Form 941, employer's quarterly federal tax return, Civil Penalties and Enforcement Information, Chinese Military Companies Sanctions FAQ Topic Page, Guidance on the Provision of Certain Services Relating to the Requirements of U.S. Sanctions Laws, International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 29/2021, which imposes targeted sanctions against Skyrizon, a Chinese aviation firm, its owner Wang Jing, and 3 related companies. Certain severe or high-profile cases will be escalated to provincial or even national-level government agencies. When an UEL entity has taken remedial actions, the authority may remove it from the list. First, persons or entities may apply for administrative reconsideration within 60 days from the date when they come to know such administrative acts. 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. Pursuant to the waiver authority exercised by the President in Executive Order 13338, BIS may consider several categories of items on a case-by-case basis including medicines on the CCL and … 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.. The list is also expected to be a major bargaining chip in trade discussions between the two countries. 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. Unlike the United States, China does not have any unilateral sanctions programmes. The UK sanctions list. month period of conditional non-debarment. Syrian foreign affairs minister added to EU sanctions list The Council today decided to add Faisal Mekdad to the list of persons subject to EU restrictive measures on Syria, in light of his recent appointment as Minister of Foreign Affairs. The US Department of Commerce said that nine companies were being added to its Entity List for human […] Practice Areas > 2.3 Is your jurisdiction a member of a regional body that issues sanctions? China Details of such measures or relevant enforcement activities, if any, have not been announced as of today. On July 13, 2020, MFA announced sanctions on four U.S. individuals (i.e. Over the past 12 months, in the context of the on-going U.S.-China trade war, the Chinese government has announced that it intends to adopt certain unilateral measures bearing the same effect, to some extent, as sanctions, namely, the “Unreliable Entity List” (UEL) announced in May 2019 by the Ministry of Commerce (MOFCOM), and the announcement made by the Ministry of Foreign Affairs (MFA) in July 2019 with the intent to impose sanctions on U.S. companies involved in the sale of arms to Taiwan. OFAC issues interpretive guidance on specific issues related to the sanctions programs it administers. ICLG - Sanctions - Russia Sanctions List In 2014 the US, EU and other states imposed a range of sanctions on Russian companies and individuals in connection with the annexation of the Crimea and Russia's involvement in a military conflict in Eastern Ukraine. For the UN sanctions adopted by China, there is no such licence available in China, unless authorised by the UN. A last draft was introduced to the National People’s Congress for a second reading in late June 2020 and is expected to be enacted in 2020. 1.2 What are the relevant government agencies that administer or enforce the sanctions regime? The Administrative Penalties Committee takes charge of the initiation, investigation, hearing and review of the case. 5.1 If not outlined above, what additional economic sanctions-related measures are proposed or under consideration? 3.5 How does the government convey its compliance expectations? The sanctions lists have increased each year and now consist of more than 500 companies and 300 individuals. covers legal basis/sanctions authorities, implementation of sanctions laws and regulations, enforcement, and general topics across multiple jurisdictions. As of June 29, 2020, no further details or implementing rules regarding the UEL have been made, and no entities or individuals have been designated to the UEL. Several product exclusions have been announced. 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. Medium Risk. 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. 28/12/2015: On 28 December 2015, the Secretariat made all United Nations Security Council (UN SC) sanctions lists available in the six official languages of the United Nations. China (CN) - embargo on arms. Unlike the United States, China does not have any unilateral sanctions programmes. 4.12 Describe the appeal process. Are certain entities required to maintain compliance programmes? For example, if a financial institution is found guilty of money laundering, it shall be fined in the amount of 5–20% of the money laundered, and any of the persons who are directly in charge, as well as the other persons who are directly responsible for the crime, shall be sentenced to fixed-term imprisonment of no more than 10 years.