Countering, Blocking and Referring — The US “Long-arm Jurisdiction” and China’s Countermeasures

Chen Sheng, Hong Haoyi

Abstract: In the context of trade friction between China and the United States, ignoring international law and violating the principles of minimum contacts and due process under its domestic law, the United States has frequently abused its “long-arm jurisdiction” to improperly sanction Chinese enterprises and individual citizens, triggering the ZTE case, the Cathy Meng case and other cases that have drawn wide attention from the international community, which have caused great losses and injuries to Chinese enterprises and individual citizens. In order to counter and block the improper “long- arm jurisdiction” of the US, China has actively built a defense system following the principles of international law. In 2020 and 2021, China successively promulgated the Law on Countering Foreign Sanctions, the Export Control Law, the Measures for Blocking the Improper Extraterritorial Application of Foreign Laws and Measures, and the Provisions on the Unreliable Entity List. This paper aims to learn from the legislative experience of the United States and the European Union in countermeasures and blocking, explore the possible deficiencies, defects and ideas of amendment in the current legislative practice through the research and analysis of the provisions of the above four regulations, and call for China to issue supporting laws and regulations as soon as possible to refine the principle provisions and enhance the effectiveness levels of relevant laws and regulations through legislation of the Nation People’s Congress.

Keywords: Long-arm Jurisdiction, Principle of Minimum Contacts, Principle of Due Process