China’s blocking mechanism: the unreliable entity list

Bu, Qingxiu

doi:10.1108/jitlp-08-2020-0048

Cited by 3 publications

(2 citation statements)

References 18 publications

(17 reference statements)

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“…This broadens the scope of the Provisions beyond the prohibition of complying with foreign sanctions. It was suggested that determination of “normal market transaction principles” could follow the standards applied by China’s competition authorities when enforcing prohibition of abuse of dominance in the form of refusal to deal under China’s Anti-Monopoly Law (Bu, 2020). It would require the authorities to ascertain whether termination of business relationship was commercially unreasonable and thus not motivated by “normal market transaction principles”.…”

Section: Confronting Extraterritoriality: China’s Legal Framework Aga...mentioning

confidence: 99%

China’s defense against secondary sanctions: lessons from the EU blocking statute

Svetlicinii

2022

JITLP

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Purpose With the rise of geopolitical tensions among the leading state actors, the Chinese citizens and companies are increasingly targeted by the unilateral restrictive measures. These frequently include the so-called secondary sanctions, i.e. penalties imposed on third parties for failing to comply with the sanctions regime, the US practice being a prominent example. The purpose of this paper is to analyze China's legal instruments related to imposition of and protection from unilateral restrictive measures of third countries. Design/methodology/approach The present paper discusses China’s legal defenses counteracting the extraterritorial sanctions by comparison with the legislative and enforcement practices of the EU, which has accumulated substantial experience trying to shield its businesses from the US secondary sanctions. The paper identifies the differences between the two anti-sanctions regimes and highlights the key factors that will affect the future enforcement of blocking rules in China. Findings When designing its anti-foreign sanctions legislation, China has considered similar legislation adopted by other jurisdictions, most notably – the EU blocking statute. The comparative assessment of the two blocking regimes reveals substantial similarities in legislative and procedural standards with important differences in enforcement capabilities and institutional frameworks. Originality/value The paper represents one of the first attempts to anticipate the directions in enforcement of China's blocking legislation taking into account the EU experiences in this domain.

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Section: Confronting Extraterritoriality: China’s Legal Framework Aga...mentioning

confidence: 99%

China’s defense against secondary sanctions: lessons from the EU blocking statute

Svetlicinii

2022

JITLP

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“…The entity list system is an important part of the U.S. export administration's regulations and serves the country's strategic interests and foreign policy. It is controlled by the Bureau of Industry and Security in the U.S. Department of Commerce and used to list entities that the U.S. government believes to be involved in or have a significant risk of participating in activities that harm U.S. national security or economic interests (Bu, 2020). This means that blacklisted firms need to apply for special permission to import goods or technologies from the United States.…”

Section: Introductionmentioning

confidence: 99%

Export controls and innovation performance: Unravelling the complex relationship between blacklisted Chinese firms and U.S. suppliers

Anwar,

Hu,

Luan

et al. 2024

World Economy

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Export controls are crucial for protecting domestic economic interests globally. However, there is a lack of consensus regarding their impact on innovation performance. This study contributes to the literature by examining the effects of the U.S. entity list on the innovation performance of blacklisted Chinese firms and related industries, as well as the reverse shock on U.S. suppliers. Using propensity score matching and a difference‐in‐differences approach, we found that export controls stimulate technological innovation in blacklisted firms and generate industry‐wide spillover effects in the sanctioned country. Particularly, firms heavily reliant on imports from the United States and those solely dependent on China's domestic market experience significant effects. However, export controls have a negative impact on the innovation performance of U.S. suppliers. We examine the mechanisms driving these effects, including government grants, R&D investment and firm performance. Our work offers valuable insights into the complex relationship between export controls and innovation performance, highlighting the differentiated impacts on blacklisted firms, related industries and U.S. suppliers.

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Trade vs. Security: Recent Developments of Global Trade Rules and China's Policy and Regulatory Responses from Defensive to Proactive

2022

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This paper provides a systemic study of China's policy and legal responses to security-related actions and disputes in the international trade regime. It starts with a brief review of the law and practices relating to the security exceptions under the World Trade Organization to provide an important context for understanding the recent developments of China's approaches to national security. Based on a detailed discussion of China's approaches at international and domestic levels, we argue that China's security strategy has been shifting from being defensive to proactive: internationally by seeking to influence the development of trade rules and practices, and domestically by expanding national security to cover a wide spectrum of economic security interests and developing a comprehensive regulatory framework to protect such interests. The way in which major trading nations are taking the law into their own hands, based on ever-expanding security interests, does not bode well for the future of the multilateral trading system. There is a pressing need for collective action by all governments involved to re-design security-related rules and exceptions to confine the use of security measures to agreed parameters.

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China’s blocking mechanism: the unreliable entity list

Cited by 3 publications

References 18 publications

China’s defense against secondary sanctions: lessons from the EU blocking statute

China’s defense against secondary sanctions: lessons from the EU blocking statute

Export controls and innovation performance: Unravelling the complex relationship between blacklisted Chinese firms and U.S. suppliers

Trade vs. Security: Recent Developments of Global Trade Rules and China's Policy and Regulatory Responses from Defensive to Proactive

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