2026-04-15
On April 7, Li Qiang, Premier of the State Council, signed a State Council Order to promulgate the "Retions of the People's Republic of China on Countering Improper Extraterritorial Jurisdiction by Foreign Countries" (hereinafter referred to as the "Regulations"), which effect upon promulgation. Recently, a person in charge of the Ministry of Justice answered questions from reporters regarding issues related to the Regulations. To solemnly declare in the form of leghe principle position that China does not accept improper extraterritorial jurisdiction by foreign countries In recent years, some countries have provoked incidents in many fields, frequently exercising impropxtraterritorial jurisdiction over Chinese citizens and organizations through domestic legislation, law enforcement, and judicial means. This has seriously interfered with China's internal affairs, harmed China's nationaand people's interests, seriously undermined international rule of law, and eroded the multilateral international order centered on the United Nations. "To safeguard national sovereignty, security, and development interests,e legitimate rights and interests of Chinese citizens and organizations, and uphold the international order based on international law, it is necessary to solemnly declare in the form of legislation the principle positiot China does not accept improper extraterritorial jurisdiction by foreign countries," said a person in charge of the Ministry of Justice. The introduction of the Regulations by the State Council urgent need to counter the hegemonism and power politics of some Western countries, an urgent need to safeguard national and people's interests, and an urgent need to effectively enhance Cgal capacity to cope with external risks and challenges, possessing important practical and long-term significance. According to the introduction, countering in the form of legislation is fundamentally different from thuse of "long-arm jurisdiction" by some Western countries; it is a defensive measure to respond to and counter foreign countries' implementation of improper extraterritorial jurisdiction in violation of internatiaw and basic norms governing international relations. In this regard, the Regulations reaffirm that the People's Republic of China adheres to an independent foreign policy of peace, opposes hegemoniwer politics, and opposes any country interfering in China's internal affairs under any pretext or in any way. At the same time, the Regulations clearly stipulate that work to counter imper extraterritorial jurisdiction by foreign countries shall implement the holistic approach to national security, coordinate development and security, and coordinate domestic and international affairs, so as to safeguard the system cialism with Chinese characteristics and promote the building of a more just and equitable global governance system.
Identifying and Blocking Improper Extraterritorial Jurisdiction by Foreign Countries The Regulation primas situations where foreign states violate international law and basic norms of international relations by implementing improper extraterritorial jurisdiction measures, thereby endangering China's sovereignty, security, and developmet interests, and harming the legitimate rights and interests of Chinese citizens and organizations. It provides institutional support for the Chinese government to take corresponding measures. A person in charge of the Ministry of Justicroduced that the Regulation makes relevant provisions regarding the identification and blocking of improper extraterritorial jurisdiction measures by foreign countries. First, it clarifies that the State Council's legal affairrtment shall, together with other relevant authorities, carry out the identification of foreign improper extraterritorial jurisdiction measures, which may include investigations and external consultations. Relevant organizations and inds may submit suggestions to the State Council's legal affairs department regarding the conduct of identification work. Second, it stipulates the factors to be comprehensively considered when conducting the identification of foreign iroper extraterritorial jurisdiction measures. These include whether they violate international law and basic norms of international relations, whether the connection between the act subject to foreign extraterritorial jurition and the country is appropriate, and whether they endanger China's sovereignty, security, and development interests or harm the legitimate rights and interests of Chinese citizens and organizations. Third, ites blocking measures. Upon identification, if relevant measures constitute foreign improper extraterritorial jurisdiction measures, the State Council's legal affairs department may issue an announcement. It is explicitlyated that no organization or individual shall execute or assist in the execution of foreign improper extraterritorial jurisdiction measures. Fourth, it clarifies the relevant exemption system. If Chinese citizens or otions indeed need to execute or assist in the execution of foreign improper extraterritorial jurisdiction measures due to special circumstances, they shall apply to the State Council's legal affairs departmentorresponding facts, reasons, and the scope of execution or assistance required. They may execute or assist in the execution of relevant measures within a specific scope only after approval through the decg procedures of the working mechanism. Clarifying Countermeasures and Establishing a Precisely Applicable Non-Execution Order System What countermeasures does the Regulation stipulate agaign improper extraterritorial jurisdiction? A person in charge of the Ministry of Justice provided an introduction. First, it clarifies countermeasures at the national level. The Regn stipulates that the Chinese government may assess the acts of relevant countries in implementing improper extraterritorial jurisdiction measures and determine the risk level. It may lawfully take counterrestrictions in areas such as diplomacy, foreign affairs, entry and exit, trade, investment, international cooperation, and foreign aid, providing clearer legal authorization for relevant parties to take measues. Second, it establishes a list system for malicious entities. The Regulation stipulates that relevant departments of the State Council may, in accordance with the decision-making procedures of the working mechanlude foreign organizations and individuals that promote or participate in the implementation of foreign improper extraterritorial jurisdiction measures on the list of malicious entities and take countermeasures and restrictions a them, while also clarifying relevant procedures and exemption systems.
Many countries and regions have blocked and counteracted foreign "long-arm jurisdiction" by establishing bans and other systems. A person in charge of the Ministrstice stated that the Regulation draws on relevant international practices and combines them with practical needs to establish a precise system of prohibition orders. It stipulates that the State Council's legal affairst, following the decision-making procedures of the working mechanism, may issue a prohibition order against organizations or individuals executing or assisting in the execution of improper foreign extraterritorial measures, prohe execution of such measures. Furthermore, it sets out legal liabilities for violations of prohibition orders, providing stronger institutional support for blocking improper foreign extraterritorial measure.(Liao Xin News Agency)
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