Best Sanctions & Export Controls Lawyers in China

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Founded in 1984
50 people in their team
Chinese
English
Shanghai United Law Firm (“United”), founded in 1984, is a prestigious leading law firm of rich history providing comprehensive legal services in China. In addition to the head office in Shanghai, United has set up offices throughout China.United has accumulated broad professional experience...
King & Wood Prclawyers
Suzhou, China

Founded in 1832
5,000 people in their team
Chinese
English
We are a law firm born in Asia with an Asian perspective and world-class service capabilities.King & Wood Mallesons has more than 3,000 lawyers in 31 offices around the world. Our lawyers are well versed in Eastern and Western cultures, and rely on diversified thinking, profound professional...
King & Wood PRC Lawyers
Beijing, China

Founded in 1993
50 people in their team
Chinese
English
We are a law firm born in Asia with an Asian perspective and world-class service capabilities.King & Wood Mallesons has more than 3,000 lawyers in 31 offices around the world. Our lawyers are well versed in Eastern and Western cultures, and rely on diversified thinking, profound professional...
Junzhi Law Firm
Beijing, China

Founded in 2006
50 people in their team
Chinese
English
Beijing Junzhi Law Firm ("Junzhi" for short) is a partnership (special general partnership) law firm registered and approved by the Beijing Municipal Bureau of Justice on February 8, 2006. It currently holds a license number of 31110000784800013C The "Law Firm Practice License" has the legal...
Yanyiming Law Firm
Shanghai, China

Founded in 2005
50 people in their team
Chinese
English
Shanghai Yan Yiming Law Firm was founded in 2005 by lawyer Yan Yiming. It is a law firm specializing in legal services related to corporate law and securities law. Our business includes company establishment, foreign investment, mergers and reorganizations, shareholder rights protection, domestic...
Stabit Advocates
Hongkou, China

Founded in 2000
173 people in their team
Chinese
English
French
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
Huisheng Law Firm
Shanghai, China

Founded in 1995
50 people in their team
Chinese
English
Huisheng Law Firm was established in June 1995. It is one of the earliest partnership law firms in China, providing services in foreign-related maritime affairs, freight logistics, marine insurance, foreign investment, corporate business, international trade, and real estate. It enjoys a high...
Kaizheng Law Firm
Shanghai, China

Founded in 2004
50 people in their team
Chinese
English
Shanghai Kaizheng Law Firm was founded in 2004 and is a high-profile law firm. Kaizheng is committed to providing pragmatic and effective legal services to many companies and private clients. Its business areas cover corporate commercial affairs, intellectual property rights, maritime affairs, real...
Dayu Law Office
Beijing, China

Founded in 1994
50 people in their team
Chinese
English
Beijing Dayu Law Firm is a comprehensive professional legal service organization. It was founded in 1994 and has gone through ups and downs for more than 20 years. For more than 20 years, Dayu Law Firm has adhered to the belief of "perseverance, pursuit of truth and justice" and the practice...
Tongqian Law Firm
Shanghai, China

Founded in 2001
50 people in their team
Chinese
English
Shanghai Tongqian is a professional law firm which is mainly engaged in corporation law and commercial law with concernings and labor law. The firm is set up and conducted by several outstanding veteran lawyers graduated from Fudan University and East China University of Political Science and...
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About Sanctions & Export Controls Law in China

Sanctions and export controls are a set of laws and regulations implemented by governments to regulate or restrict transactions, trades, and cooperation with specific countries, entities, or individuals for national security, foreign policy, or economic reasons. In China, the government has steadily developed a regulatory framework to manage these activities more closely, aligning with the country’s growing influence in global trade. China’s approach focuses on safeguarding national security, fulfilling international obligations, and responding to foreign sanctions imposed on Chinese businesses or individuals.

Why You May Need a Lawyer

Seeking legal assistance with sanctions and export controls is crucial for entities involved in cross-border trade, finance, or technology. Common situations where a lawyer’s help is needed include:

  • Ensuring compliance with Chinese export control regulations when exporting goods, technologies, or services from China
  • Responding to foreign sanctions that affect Chinese companies or individuals
  • Managing risks associated with international supply chains that may involve sanctioned entities or countries
  • Receiving inquiries, audits, or investigations by Chinese regulators regarding export control issues
  • Developing internal compliance programs and employee training concerning sanctions and export controls
  • Assisting with licensing applications for controlled items or technologies
  • Navigating dual-use goods and technologies that are strictly regulated or prohibited for export
  • Advising on merger, acquisition, or investment activities involving foreign entities on sanctioned lists
  • Handling internal investigations and self-disclosure to authorities in the event of potential violations

Local Laws Overview

China's legal landscape for sanctions and export controls has developed rapidly in recent years. Key aspects include:

  • Export Control Law: Implemented in December 2020, this law establishes comprehensive rules for controlling the export of goods, technologies, and services with both civilian and military uses (dual-use items), military items, and nuclear materials. Individuals and entities must obtain the necessary export licenses for restricted items or face severe penalties.
  • Unreliable Entity List (UEL): This mechanism targets foreign entities or individuals that violate normal market transactions with Chinese counterparts or apply discriminatory measures against Chinese entities. Those on the list face restrictions or prohibition on China-related trade or investment activities.
  • Blocking Rules: These regulations prohibit the recognition and enforcement of certain foreign sanctions against Chinese individuals or entities that threaten national interests or the legitimate interests of Chinese citizens and organizations.
  • Customs Supervision: Chinese customs play a significant role in monitoring and enforcing export control regulations at the border, including inspections, licensing, and compliance checks.
  • Penalties: Violations can result in administrative penalties, fines, restrictions on business operations, loss of export privileges, and even criminal prosecution in severe cases.
  • Coordination with International Treaties: China is a party to several international non-proliferation regimens and abides by relevant United Nations sanctions.

Frequently Asked Questions

What is the scope of China’s Export Control Law?

The Export Control Law covers the control of dual-use items, military supplies, nuclear materials, and other goods, technologies, services, and data that are related to national security and interests. It applies to any entity or person exporting from China or transferring controlled items to foreign parties.

Who administers export controls in China?

Export controls are administered primarily by the Ministry of Commerce (MOFCOM), together with other agencies such as the General Administration of Customs and departments responsible for military items, nuclear materials, and cybersecurity.

What are “dual-use” items?

Dual-use items refer to goods, technologies, or software that can be used for both civilian and military purposes. These are strictly regulated for export and may require special licenses.

How does the Unreliable Entity List affect foreign businesses?

Being listed as an unreliable entity may restrict or prohibit a foreign business from engaging in China-related trade, investment, or other economic activities. It can also result in restrictions on importing or exporting products to or from China.

What are the penalties for violating export control laws?

Penalties may include administrative fines, suspension or revocation of export licenses, restrictions on business operations, and in severe cases, criminal prosecution.

Can a company in China comply with foreign export control or sanction laws?

Chinese law may prohibit companies from complying with certain foreign sanctions or export controls if they conflict with Chinese laws or threaten national interests. The blocking rules are aimed at addressing this issue.

What steps should companies in China take for compliance?

Companies should identify controlled items, implement internal compliance procedures, provide staff training, monitor transactions for risks, and seek legal advice for complex scenarios or when uncertainties arise.

When is an export license required?

An export license is required when exporting or releasing controlled items, technologies, or services, especially those included in control lists or those that could have a significant impact on national security.

What should I do if my company receives a government inquiry or investigation?

Seek immediate legal assistance, cooperate with the authorities as required by law, ensure thorough documentation, and conduct an internal review to identify and address any potential compliance gaps.

Can individuals be held liable for violations?

Yes, both companies and individuals can be held liable for violations of sanctions and export controls laws, potentially facing administrative or criminal penalties depending on the nature and severity of the breach.

Additional Resources

The following resources and organizations can be helpful if you need legal advice or information:

  • Ministry of Commerce of the People’s Republic of China (MOFCOM)
  • General Administration of Customs (GACC)
  • China Nuclear Energy Association
  • State Administration of Science, Technology and Industry for National Defence
  • United Nations Security Council Sanctions Committees
  • Chinese law firms specializing in international trade, export control, and sanctions compliance
  • Industry trade associations, such as the China Chamber of Commerce for Import and Export of Machinery and Electronic Products

Next Steps

If you are dealing with or suspect issues related to sanctions and export controls in China, consider taking the following steps:

  • Conduct an internal review of your business’s products, transactions, and supply chains for compliance risks
  • Stay updated on relevant Chinese laws, regulations, and government announcements
  • Implement or update internal policies and compliance programs tailored to Chinese and international requirements
  • Train key staff on recognizing and mitigating risks associated with sanctions and export controls
  • Consult a qualified lawyer specializing in Chinese sanctions and export controls for case-specific advice
  • Reach out to relevant authorities or trade associations for official guidance, permit applications, or clarifications
  • Prepare thorough documentation in case of investigations or regulatory inquiries

Navigating the landscape of sanctions and export controls in China can be complex and challenging, but with proper legal guidance and robust compliance measures, businesses and individuals can effectively manage their risks and obligations.

Lawzana helps you find the best lawyers and law firms in China through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Sanctions & Export Controls, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in China - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.