WebinarSpezialChina Export Controls and Counter Measures: Impacts on Chinese and Foreign Companies
Extra-territorial sanctions and compliance measures
On June 10, 2021, China announced and started to implement the Anti-foreign Sanctions Law (“AFSL”), which entitles any aggrieved person or entity in China to claim damages in a Chinese court against a party, Chinese or foreign, who follows the so-called “discriminatory restrictive measures” (DRM) that are intruding the domestic affairs of China. The EU or US sanctions, export controls and the blacklists thereunder against the Chinese companies relevant to Xinjiang, Hong Kong or Taiwan, or linked to human right issues in China would very likely constitute such DRM, and a multinational will face the risk of being so sued in China and their asset will be subject to judicial enforcement measures to honour the judgment of Chinese courts if rendered in favour of the Chinese plaintiff.
Furthermore, under the Provisions on Unreliable Entity List (PUEL), any foreign entity if in observing US export control regulations severs business links to Chinese entities or otherwise endangers national security and development interests, will be put into the List of Unreliable Entities, a list equivalent to the Entity List of BIS of Ministry of Commerce of the States.
China has also enacted the so-called Blocking Rules under which any party is prohibited from complying with a foreign export control measures or sanctions if blocked by China.
Apart from the above counter measure legislations, the newly-enacted China Export Control Law (ECL) are extraordinary enactments. In the first place, they strengthen protection of national security, apart from safeguarding non-proliferation of WMDs. Secondly, they provide for such extraterritorial jurisdiction and sanctions against foreign entities and individuals that are generally rare under Chinese law. Like the EAR of the States, it imposes obligations of all parties to the export an re-exports to observe the China export control law over controlled items or if there is an element of national security and interest concerns.
The extra-territorial jurisdiction of ECL over foreign entities and individuals is reflected in the concepts of controls over re-exports and deemed exports, as well as over issues of possible or actual endangerment of national security and interests which is highly of a political nature. Such foreign individuals or entities in violation of ECL will be subject to Controlled Name Lists, huge penalties and other severe administrative or legal consequences.
Given the severity of consequences of violation, foreign companies and their affiliated companies in China must understand their obligations under the Chinese export control and counter measure legislations and significance of setting up China-specific trade compliance scheme in order to avoid violations. This lecture will provide you with an in-depth analysis of China’s new export control and counter measure regime and their impacts on the business and operation of foreign companies. The lecturer will also present practical measures in building compliance systems and tackling governmental investigations based on his expertise and experience.
The webinar provides an overview about the changes made by the new law to the existing export control and counter measure regime. You will understand the export control and counter measure mechanism as well as legal consequences and sanctions of violations. You will learn about the legal and even political risks of foreign entities and individuals based on export controls, counter measures or even endangerment of national security by foreign parties. Other topics of the webinar will be keys in export control and counter measure compliance for Chinese and foreign parties and measures in tackling investigation by MOFCOM and the Customs.
- China counter measure legislation: AFSL, PUEL & Blocking Rules
- Counter measures: List of Unreliable Entities and List of Parties Sanctioned by Counter Measure (LCM)
- Risks of being sued under AFSL and Blocking Rules
- China Export Control Law
- Extraterritorial jurisdiction
- Legal risks of foreign entities and individuals
- Reciprocal measures and export control
- Governmental Investigations
- Export control, counter measures and trade compliance
- Management risks
You can download the preliminary schedule of the webinar here.
Teaching Methods and Intended Number of Hours
The webinar lasts 3 hours.
The webinar is intended for international companies affected by the new law.
The webinar will be held in English!
Before, during and after the webinar
Before the webinar
Please read the system requirements and have them checked by your IT department. Please carry out a system test. You can find information about this here.
After the successful system test, please register for your webinar via the AWA website. Shortly after the webinar registration you will receive a confirmation of receipt and then a registration confirmation by e-mail.
One to two days before the webinar, you will receive an e-mail with an access link to your webinar and the AWA Cloud. From the AWA Cloud, you can quickly and easily download the training documents for the webinar in PDF format.
Click on the access link a few minutes before the official start of the webinar. You will be taken to a virtual waiting room. As soon as the transmission is started by our organizer, you will automatically participate.
During the webinar
A chat function gives you the opportunity to communicate with the speaker during the webinar. During certain webinars, communication with the speaker is also possible via the microphone/telephone. Our speaker will show the presentation live. Usually, you can also see the speaker via livestream.
After the webinar
After the webinar you will receive your certificate of participation by e-mail. You will also receive a link to an online questionnaire where you can rate your webinar. After the webinar, we are still here for you: If you still have questions, please contact us!
Ab€ 399,00 zzgl. 19% USt.
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