The head of the Ministry of Justice answers questions from reporters on the Regulations of the People's Republic of China on Counteracting Unjustified Extraterritorial Application of Foreign Laws.
Question: What considerations are taken into account in determining the scope of application of the regulations?
The regulations mainly target foreign countries that violate international law and basic norms of international relations, implement improper extraterritorial jurisdiction measures, harm China's national sovereignty, security, and development interests, and damage the legitimate rights and interests of Chinese citizens and organizations. They provide institutional support for the Chinese government to take corresponding measures. The regulations will complement the already implemented "Law of the People's Republic of China on Countering Foreign Sanctions" and its provisions, forming a strong institutional framework for legal responses.
Question: What provisions does the regulations have in identifying and blocking improper extraterritorial jurisdiction measures by foreign countries?
First, it specifies that the State Council's legal departments, in conjunction with other relevant authorities, will conduct the identification of foreign improper extraterritorial jurisdiction measures, which may include conducting investigations and negotiations with foreign countries. Relevant organizations and individuals can propose suggestions to the State Council's legal departments to conduct identification work.
Second, it stipulates the factors to be considered in the identification of foreign improper extraterritorial jurisdiction measures. These factors include whether they violate international law and basic norms of international relations, whether the actions being taken by the foreign country have appropriate connections to that country, whether they harm China's national sovereignty, security, and development interests, and whether they damage the legitimate rights and interests of Chinese citizens and organizations.
Third, it provides for blocking measures. If the identified measures constitute improper extraterritorial jurisdiction measures by foreign countries, the State Council's legal departments can issue a public announcement. It is clear that no organization or individual may implement or assist in implementing such measures.
Fourth, it clarifies the relevant exemption system. If Chinese citizens or organizations need to execute or assist in executing foreign improper extraterritorial jurisdiction measures due to special circumstances, they should apply to the State Council's legal departments and provide relevant facts and reasons, the scope of execution or assistance needed, etc. After obtaining approval through the decision-making process of the working mechanism, they may execute or assist in executing relevant measures within specific limits.
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