A Study Of The Application Scope Of The Regulations On The List Of Unreliable Entities In China

In the current international community,long-arm jurisdiction and foreign sanctions are on the rise,and extraterritorial jurisdiction may be abused.In recent years,Chinese companies,organizations and individuals have often appeared on other countries’ "entity lists" and other sanctions lists.In this context,the Ministry of Commerce issued the Regulations on the List of Unreliable Entities(hereinafter referred to as the Regulations)on September 19,2020,officially establishing China’s foreign-related sanctions list system.However,the system of the list of unreliable entities in China is still macroscopical,and there is ambiguity and uncertainty in the specific application of the rules.So in this paper,we study the regulations applicable scope focuses more on the micro level,the rich is not only beneficial to our country the establishment of foreign economic sanctions on the study of the theory of the legal system aspect,fill the blank in the field of foreign economic sanctions system in our country,and more importantly can provide the regulations applicable in practice with reference standard of concrete,It is of great significance for the "Provisions" to be applied in practice as soon as possible.This paper is divided into five parts.The first part is an introduction,which begins with the research background of the scope of application of the Provisions,pointing out the current severe international sanctions situation and the necessity of establishing China’s foreign economic sanctions system.This paper focuses on the identification of foreign entities,identification of foreign entities’ actions that harm China’s national rights and interests and harm the legitimate rights and interests of Chinese private entities,and exemption from the list of unreliable entities.The research methods of this paper mainly include comparative research method,empirical research method and legal interpretation method.The second part identifies foreign entities from general criteria to special circumstances.Firstly,the general international standards for foreign entity recognition including nationality standard and validity principle standard are sorted out.Secondly,because there are many related subjects of foreign companies,it is more complicated to identify them in practice,so the scope of sanctions should be extended to related subjects if necessary.Finally,considering China’s special national conditions,the validity of the Provisions in Hong Kong and Macao and the application of Chinesefunded foreign entities are further explained.The third part studies the recognition of foreign entity’s infringement of China’s public legal interests.In combination with international practice,foreign laws and actual sanctions in China,this paper focuses on four categories of violations committed by foreign entities.First,it endangers China’s national sovereignty,including the control measures on China’s state-owned assets,financial sanctions related to the Hong Kong issue,arms sales to Taiwan,and interference in China’s internal affairs related to Xinjiang,Tibet,the South China Sea,etc.Second,it endangers China’s national security,including financing all kinds of weapons,materials and funds to terrorist organizations,providing economic,military or technical assistance to the Nuclear tests conducted by Iran and the DPRK,and illegally collecting data and information of China’s state and citizens.Third,harm China’s national development interests,including the national defense and military development interests of China’s strategic economic development interests.The fourth part studies the identification of foreign entities’ actions that damage China’s private legal interests.First of all,qualitative analysis of international transactions is conducted to determine that they are not for the purpose of commercial exchange and blatantly violate the normal principles of market transactions.Then,this paper makes a specific explanation of the two criteria of discrimination and serious injury in the Provisions in combination with domestic and international laws and practices.The fifth part is mainly based on the consideration of interest measurement to explain the situation of exemption from the list of unreliable entities.The research on applying for trade exception in China is not thorough,the theory is not mature,and there is lack of relevant practical experience.Therefore,in using the experience of extraterritorial application trade exception,at the same time,compared with the case of domestic law about trade exception cohesion,on the basis of the paper tentatively puts forward our country unreliable entity list in the exceptions apply for trade advice,mainly from the global public health,the international humanitarian aid,three aspects of the key to the development of the industry,industry,enterprise.