I have been considering what may be the emergence of an American Two Thrust China Strategy representing a set of measures designed to confront the challenge tat China now appears to pose for the United States. That, at any rate, has been the metamorphosis of a relationship that over the last twenty years has moved from (1) one of aggressive efforts at integration at every level (with the hope of greater Chinese alignment with the consensus view of liberal democratic sensibilities), to (2) a wariness producing efforts to develop substantially powerful trade and socio-cultural systems around China the risks of which might induce Chinese authorities to negotiate their way into a majority consensus normative framework for trade and governance (epitomized at the end by the Trans Pacific Partnership), to (3) a more aggressively competitive relationship which started with trade disputes and ending with the start of substantial movements toward decoupling in the economic, social, and political spheres under the Trump Administration's America First strategies, and (4) now to the Biden Administration's Two Thrust China Strategy, which retains the general wariness of Chinese -US integration, favors decoupling, and uses a combination of multilateralism in the public and private sectors along with legislation designed to insulate the US economy and its financial sector from identified adverse interests (here, here, and here).
This slow motion change in the strategic approach of the United States to its engagement with China would naturally produce some notice among Chinese central authorities. Beyond the increasingly blunt criticism of the application of the American Two Thrust Strategy in ways that have transformed these US actions from irritations to potential threats to Chinese economic planning and outbound strategies, China has now adopted the first of what might be a number of countermeasures. These countermeasures are legislative, but also delegate broad powers to the State Council to adopt flexible counter strategies against what are determined to be actions that threaten Chinese interests or sovereignty.
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The bill underwent a secret first review in April and no draft was available for companies and other stakeholders to examine. But while the contents remain under wraps, experts have warned the impact could be significant. The law may be a "game-changer as it would provide a mechanism for targeted Chinese entities to file a lawsuit against a foreign company that is complying with foreign-imposed sanctions," A2 Global Risk said in a statement before the law was passed. "For those foreign companies, passage of the law will incur additional compliance and regulatory obligations and risks." (China hits back at US and allies with anti-sanctions law)
The retaliatory nature of the measure was made clear in reporting from China's official press sources.
For some time, out of political manipulation needs and ideological bias, some Western countries have used Xinjiang and Hong Kong-related issues as part of their pretexts to spread rumors on and smear, contain and suppress China, according to spokesperson office of the Legislative Affairs Commission of the NPC Standing Committee. In particular, the countries, in violation of international law and the basic norms governing international relations, have imposed so-called sanctions on relevant Chinese state organs, organizations and functionaries in accordance with their domestic laws, grossly interfering in China's internal affairs. The Chinese government has strongly condemned such hegemonistic acts, and people from all walks of life have expressed strong indignation, said the office.
In order to resolutely safeguard national sovereignty, dignity and core interests and oppose Western hegemonism and power politics, the Chinese government has launched multiple corresponding countermeasures against entities and individuals of relevant countries since the beginning of 2021, according to the office. It's paying them back in their own coin, said the office. (Draft law against foreign sanctions submitted to China's top legislature for 2nd reading)
来源： 中国人大网 浏览字号： 大 中 小 2021年06月10日 20:01:42
Anti-Foreign Sanctions Law of the People's Republic of China
(Adopted at the 29th meeting of the Standing Committee of the 13th National People's Congress on June 10, 2021)
Source: China National People's Congress.com Font Size: Big Middle Small June 10, 2021 20:01:42
Article 1: In order to safeguard national sovereignty, security, and development interests, and to protect the legitimate rights and interests of citizens and organizations of our country, this law is formulated in accordance with the Constitution.
Article 2 The People’s Republic of China adheres to an independent foreign policy of peace, adheres to the five principles of mutual respect for sovereignty and territorial integrity, mutual non-aggression, non-interference in each other’s internal affairs, equality and mutual benefit, and peaceful coexistence. The international order based on international law develops friendly cooperation with countries around the world and promotes the building of a community with a shared future for mankind.
Article 3: The People's Republic of China opposes hegemonism and power politics, and opposes any country's interference in China's internal affairs under any pretext and in any way.
If a foreign country violates international law and basic norms of international relations, uses various excuses or in accordance with its own laws to contain and suppress my country, adopt discriminatory restrictive measures against Chinese citizens and organizations, and interfere in my country's internal affairs, my country has the right to take corresponding countermeasures .
Article 4: Relevant departments of the State Council may decide to include individuals and organizations that directly or indirectly participate in the formulation, decision, and implementation of the discriminatory restrictive measures stipulated in Article 3 of this law on the counter-control list.
Article 5: In addition to the individuals and organizations listed in the countermeasure list in accordance with Article 4 of this Law, the relevant departments of the State Council may also decide to take countermeasures against the following individuals and organizations:
(1) The spouses and immediate family members of individuals included in the counter-control list;
(2) Senior managers or actual controllers of organizations included in the counter-control list;
(3) Organizations where individuals included in the counter-control list serve as senior management personnel;
(4) Organizations that are actually controlled or participated in the establishment and operation of individuals and organizations included in the counter-control list.
Article 6: Relevant departments of the State Council may, in accordance with their respective responsibilities and tasks, decide to take one or more of the following measures for individuals and organizations specified in Articles 4 and 5 of this Law based on actual conditions:
(1) Refusal to issue visas, deny entry, visa cancellation or deportation;
(2) Sealing up, seizing, and freezing movable property, immovable property and other various types of property within the territory of my country;
(3) Prohibit or restrict relevant transactions, cooperation and other activities with organizations and individuals within the territory of my country;
(4) Other necessary measures.
Article 7: The decision made by the relevant departments of the State Council in accordance with the provisions of Articles 4 to 6 of this Law shall be final.
Article 8: If the circumstances on which countermeasures are taken change, the relevant departments of the State Council may suspend, modify or cancel the countermeasures.
Article 9: The confirmation, suspension, modification or cancellation of the countermeasures list and countermeasures shall be announced by the Ministry of Foreign Affairs or other relevant departments of the State Council by issuing an order.
Article 10: The state establishes a coordination mechanism for anti-foreign sanctions work and is responsible for overall planning and coordination of related work.
The relevant departments of the State Council shall strengthen coordination and information sharing, and determine and implement relevant countermeasures in accordance with their respective responsibilities and tasks.
Article 11: Organizations and individuals within the territory of our country shall implement countermeasures adopted by relevant departments of the State Council.
For organizations and individuals that violate the provisions of the preceding paragraph, the relevant departments of the State Council shall deal with them in accordance with the law and restrict or prohibit them from engaging in related activities.
Article 12: No organization or individual may implement or assist in the implementation of discriminatory restrictive measures taken by foreign countries against Chinese citizens and organizations.
Where organizations and individuals violate the provisions of the preceding paragraph and infringe upon the lawful rights and interests of Chinese citizens and organizations, Chinese citizens and organizations may file a lawsuit with the people’s court in accordance with the law, requesting them to stop the infringement and compensate for the losses.
Article 13: In addition to the provisions of this law, relevant laws, administrative regulations, and departmental rules may provide for the adoption of other necessary countermeasures for acts that endanger my country's sovereignty, security, and development interests.
Article 14: Any organization or individual who fails to implement or cooperate with the implementation of countermeasures shall be investigated for legal responsibility in accordance with the law.
Article 15: For foreign countries, organizations, or individuals that implement, assist, or support acts that endanger my country's sovereignty, security, and development interests, and need to take necessary countermeasures, refer to the relevant provisions of this law.
Article 16: This law shall come into force on the date of promulgation.