Regulations issued on Unreliable Entity List

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On 19 September 2020, the Ministry of Commerce (MOFCOM) issued the Regulations on Unreliable Entity List (UEL regulations), which took effect on the same date. While MOFCOM has not named any specific foreign entity to be included on the list, the UEL regulations set out the principles for the implementation of the UEL system as summarised below.

What entities will be included in the UEL?

The UEL consists of foreign persons (enterprises, organisations or individuals) that engage in certain activities endangering China’s national sovereignty, security or development, causing serious damage to the legitimate rights and interests of Chinese enterprises, organisations and individuals by suspending normal transactions outside of normal market trading principles, or applying discriminatory measures.

What will be the consequences of the UEL?

Being listed on the UEL may trigger the application of various restrictive or prohibitive measures, including: (1) restrictions or prohibitions on China-related import or export activities; (2) restrictions or prohibitions on investment in China; (3) restrictions or prohibitions on relevant personnel or transport vehicles from entering into China; (4) restrictions or revocation of the relevant personnel’s work permit, qualification for stay, or residence in China; (5) a fine of the corresponding amount according to the severity of the circumstances; and (6) other necessary measures.

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