China enshrined the right to take retaliatory measures against overseas actors in a new foreign-relations law, which state-media said provided a legal basis for hitting back against sanctions and “Western hegemony.”
(Bloomberg) — China enshrined the right to take retaliatory measures against overseas actors in a new foreign-relations law, which state-media said provided a legal basis for hitting back against sanctions and “Western hegemony.”
China has the right to take “countermeasures and restrictive measures” against acts that endanger the country’s sovereignty, security and development interests, violate international law or “basic norms of international relations,” according to the Law on Foreign Relations approved by the standing committee of the National People’s Congress on Wednesday.
While China already has a record of imposing retaliatory sanctions — such as those against US businesses Lockheed Martin Corp. and Raytheon Technologies Corp. for selling arms to Taiwan — the law gives such measures additional legal support. It also enshrines President Xi Jinping’s personal control over China’s foreign policy.
By including references to Xi’s signature policies, such as the Global Security Initiative and Global Civilization Initiative, the document “is more like Xi Jinping’s foreign policy declaration than a law,” said Suisheng Zhao, a professor at the Josef Korbel School of International Studies, University of Denver. “It’s a personalization of Chinese foreign policy through a legal process.”
Deterrence Role
The foreign-relations law requires state agencies to strengthen interdepartmental coordination and cooperation to enforce retaliatory measures. The State Council, which co-ordinates China’s government ministries, is authorized to “establish related working institutions.”
China has comparatively less experience than the US in implementing sanctions, passing its first Anti-Foreign Sanctions law in 2021. The new legislation “provides a legal basis for the diplomatic struggle against sanctions, anti-intervention and long-arm jurisdiction,” the state-run Global Times newspaper said, citing unnamed experts.
The law “could also play a role of prevention, warning and deterrence against Western hegemony,” the Global Times added. Xi in a speech in March accused “Western countries led by the US” of attempting “comprehensive containment and suppression” of China.
But the legislation does not appear to give Beijing any new anti-sanctions tools, according to Zhao. “I think that this is a repeat of the anti-sanctions law at a more abstract level.”
Communist Oversight
While the law is directed at government agencies, it also underscored that the conduct of foreign relations by China is falls under the overall leadership of the Communist Party. Xi has enhanced the party’s grip on government bodies in recent years.
The law “makes so clear that the party is in charge of foreign policy, and the foreign ministry and State Council is the implementing institution,” said the University of Denver’s Zhao.
The US has targeted a range of Chinese companies and officials with sanctions in recent years, citing their role in human rights abuses that China denies. Last October, it also severely tightened restrictions on US microchip exports to China — controls that the Biden administration is now considering strengthening even further.
Read More: US Is Planning New AI Chip Export Controls Aimed at Nvidia
China last month banned domestic operators of key infrastructure from buying Micron Technology Inc.’s products, saying it found “relatively serious” cybersecurity risks in its goods sold in the country. Beijing has also sanctioned individuals, including former US Secretary of State Mike Pompeo in recent years.
“For the first time, the law states the purpose, conditions and policy orientation of the application of Chinese law in foreign relations, and stipulates principles for the measures to counter and restrictive measures against foreign countries, individuals or organizations,” Huang Huikang, a professor of the Institute of International Law of Wuhan University, told the Global Times.
The law has a range of other clauses, some of which echo existing regulations. It requires foreign nationals and organizations in China not to endanger its national security, undermine social and public interests or disrupt social and public order.
Meantime, it adds that China is committed to “high-standard opening-up,” protects inbound foreign investment and encourages external economic cooperation. That echoes regular pledges from Xi and Premier Li Qiang that China remains open to overseas business.
Read More: Xi Vows to Protect Foreign Investors in Charm Offensive
(Adds comments from academic observer, starting in fourth paragraph.)
More stories like this are available on bloomberg.com
©2023 Bloomberg L.P.