Legal authority

Foreign Relations Law (China, 2023)

China's Foreign Relations Law is a national framework law governing foreign-relations institutions, principles and measures. It took effect on 1 July 2023. It should not be described as a constitutional provision or as the automatic source of every Chinese sanctions or export-control action.

Article 33

Article 33 authorises China to take counter or restrictive measures against acts that endanger its sovereignty, security or development interests in violation of international law or fundamental norms of international relations. It directs the State Council and its departments to formulate necessary administrative regulations and departmental rules and establish working mechanisms.

This is framework authority. A specific listing, asset restriction, transaction prohibition or remedy requires the operative implementing instrument and competent authority. The law does not by itself establish a universal private cause of action for sanctions loss.

The Anti-Foreign Sanctions Law (China, 2021) predates the Foreign Relations Law. State Council regulations adopted in March 2025 implemented that separate statute. April 2026 rules concerning unjustified extraterritorial jurisdiction also require their own authority. They should not be attributed to Article 33 without text-level support.

The MOFCOM Blocking Rules (Order No. 1 of 2021), Unreliable Entity List (China, 2020) and Export Control Law (China, 2020) are also distinct regimes with different actors, criteria and remedies.

Assessment

As at 30 July 2026, the law remains in force. Analysis should quote the relevant article, identify the later rule or decision, and separate legal capacity from implemented measure. Lawfare is an analytical characterisation, not a statutory category or proof of strategic effect.

Current implementation must be checked measure by measure.

Sources

  1. Ministry of Foreign Affairs of the People's Republic of China, Foreign Relations Law.
  2. Ministry of Justice of the People's Republic of China, Laws and regulations index (accessed 30 July 2026).
  3. State Council of the People's Republic of China, Anti-Foreign Sanctions Law regulations, March 2025.
  4. State Council of the People's Republic of China, Extraterritorial-jurisdiction rules, April 2026.

Recommended citation

Cite this entry

Tennant, James J., ed. 'Foreign Relations Law (China, 2023).' The Encyclopedia of Economic Statecraft, version 2.0, last reviewed 30 July 2026. https://jamesjtennant.com/entries/foreign-relations-law-china-2023/.

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