By streamlining the division of labour among the various bureaucracies, including the Ministry of Foreign Affairs, the Ministry of Public Security, and customs and immigration authorities, the law stipulates that the People`s Liberation Army (PLA) and the Paramilitary People`s Armed Police (PAP), both under the command of the Central Military Commission, will have primary responsibility for securing land borders. Resist an armed invasion and respond to major unforeseen events. It allows patrol officers to use police instruments and weapons against intruders who resist detention and threaten the safety of life and property of others. It also allows bureaucracies to work with neighboring countries to combat the “three evils” of terrorism, separatism and religious extremism. This memorandum is provided by Skadden, Arps, Slate, Meagher & Flom LLP and its affiliates for educational and informational purposes only and is not intended and should not be construed as legal advice. This memorandum is considered publicity under applicable national law. The provisions targeting foreigners will most likely exacerbate tensions between China and the U.S., as relations have already bottomed out in decades. The Trump administration has promised a series of sanctions in retaliation for national security legislation, including visa restrictions and restrictions on the export of defense technology. This article is provided for informational purposes only and is not intended and should not be construed as legal advice. As an international law firm, Skadden, Arps, Slate, Meagher & Flom LLP does not advise on PRC law. Please contact the PRC lawyer for legal advice in the PRC. The security law, which consists of 66 articles and more than 7,000 words, directly targets the vigorous anti-government protests that rocked Hong Kong last year and provides harsh penalties for the usual tactics used by protesters.

With the enactment of the DSL and PIPL, multinationals operating in China would be well advised to assess and, if necessary, reconfigure their IT systems to ensure compliance with Chinese law, and to seek the advice of a local PRC advisor before exporting data originally collected in China or currently stored in China. The law, secretly drafted and passed Tuesday without serious involvement from Hong Kong authorities, establishes a vast security apparatus in the region and gives Beijing sweeping powers to crack down on various political crimes, including separatism and collusion. In the fall of 2021, two new Chinese laws came into force, which are likely to affect many multinational companies operating in China or whose activities affect China. These two laws – the Data Security Law and the Personal Data Protection Law – provide more details on the location, export and data protection requirements that first appeared in China`s cybersecurity law in 2017. This article discusses the main features of these new laws and the potential impact on multinational companies operating in China. Third, by focusing on the development of border towns and the role of civilians, the law could raise the question of whether Beijing intends to expand or accelerate civilian installations in the border areas of India, Nepal and Bhutan. Although the development of border towns is in line with China`s national program of “border region development, enrichment of local people” (兴边富民), articulated in 1999 and incorporated into China`s five-year plans, it can be seen as legitimizing a land-based version of the “sausage” tactic used by China in its maritime disputes. Restrictions on the transfer of personal data to third parties and abroad In December 2020, China`s State Council issued a policy guide in response to reports that local governments were using the social credit system to justify punishing even trivial acts such as jaywalking, improper recycling, and not wearing masks. The guidelines call on local governments to punish only behavior that is already illegal under China`s current legal system, and not to expand beyond that. In order to ensure consistency with the revised Harmonized System of Product Names and Codes and relevant WTO rules, China will also carry out technical conversions of certain tariff items.

After the adjustment, China will have a total of 8,930 tariff items. The Uyghur Forced Labor Prevention Act (UFLPA), signed into law by President Joe Biden in December 2021, creates the presumption that goods manufactured in whole or in part in northwest China`s Xinjiang region, or manufactured by facilities in China associated with forced labor, cannot be imported into the United States. Since 2017, China has detained up to one million Uighurs and other Turkic Muslims in Xinjiang, subjecting them to various ill-treatment that amount to crimes against humanity, including forced labor of prisoners and other Turkish Muslims inside and outside Xinjiang. On December 13, 2021, the National Intellectual Property Administration of China issued the Standard for the Detection of General Violations of Trademark Laws to intensify trademark management and unify enforcement standards. This is where things start to get confusing. The government seems to believe that all of these problems are loosely related to a lack of trust and that building trust requires a one-size-fits-all solution. Just as financial credit scoring helps assess a person`s creditworthiness, she believes that some form of “social credit” can help people judge the trustworthiness of others in other ways. More recently, China fought a border war with Vietnam in the 1970s and had skirmishes with the former Soviet Union in 1969. On October 23, China passed a land border law that will take effect on January 1, 2022, to strengthen its border control and protection. Like the Coast Guard Law and Maritime Security Law enacted earlier this year, the new law is being passed amid heightened tensions between China and its neighbors over border disputes.