Abstract: Unreliable Entity List (UEL) is primarily pitched as a countermeasure taken by one state against the discriminatory export control measures and other sanctions of another state.In terms of denying and offsetting the extra-territorial application effects of the relevant domestic laws of the other state, the UEL is comparable to the EU Blocking Statute, although the way it functions is somehow different. In essence, the UEL aims at exerting pressure and deterrence against the relevant foreign entities, compelling them to be more neutral, prudent and restrained when complying with the control and/or sanction requirements of the said foreign government. The consequences of being listed on the UEL could include import &export control, investment restriction, entry/residence restriction, risk warning, and civil litigation.In the implementation of the UEL, a state should allow for some degree of flexibility, grant the relevant authorities necessary discretion, and place emphasis on deterrence. Meanwhile, it should observe the due process of administration and safeguard the rights of defense and objection of relevant foreign entities.

Keywords:Unreliable Entity List; countermeasure; export control; Blocking Statute; extra-territorial application; due process of administration

The author of this article is a research fellow at CASS Institute of International Law, the deputy director of the Bureau of International Cooperation of CASS, and a research fellow at the “Belt and Road” Judicial Research Base of the Supreme People’s Court.This article is published in 1 (2021) Journal of Comparative Law.