Thread by @henrysgao

The key provisions are Art 4-6.
A few things to note:
1. It cast a very wide net. For example, Art. 4 covers any individuals and organizations directly or indirectly involved in the formulation, decision and implementation of the foreign sanctions.

https://twitter.com/henrysgao/status/1402991515299762179

This could potentially cover the legislators, government officials, law enforcement officers, or even banks or companies who implement foreign sanctions.

Art. 5 goes even further, by covering the spouse and immediate family members for individuals, and management or related companies of the sanctioned entities or individuals.

2. In terms of countermeasures, they are also very broad as I mentioned earlier, but most measures seem to be limited to measures within China. It is unclear whether the law could cover transactions between foreign entities, or even between CN & foreign entities outside of China.

No judicial review will be available as per Article 7 "The decision of the relevant department of the State Council made in accordance with the provisions of Articles 4 to 6 of this Law shall be final". This is also confirmed by the supreme court’s 2018 interpretation of the ALL.

This is confirmed by Art. 11, which only requires organizations and individuals in China to implement the countermeasures.

But this is further complicated by Art. 14, which makes liable any organization and individuals who do not implement or cooperate with the countermeasures.

Art. 14 could be interpreted to cover foreign entities, which would put them into an impossible position, as I explained in my @nytimes interview on China's new blocking statute in Jan.
nytimes.com/2021/01/09/bus…

Also worth noting that the law is designed to "safeguard China's national sovereignty, security & development interests". The last of these -development interests- could be interpreted very broadly to cover foreign sanctions affecting China's economic interests, i.e, Huawei ban.

It's worth recalling that China's sanctions on EU individuals and entities in March were simply announced by the MFA without reference to any legal basis. This will change and expect all future announcements to include an explicit reference to the new anti-sanctions law.