Abstract: The Unreliable Entity List (UEL) is primarily established as a countermeasure againstanother country's discriminatory export control measures and other sanctions. In terms of denying andoffsetting the extraterritorial effectiveness of relevant domestic law and measures of other countries, itresembles the EU Blocking Statute, but differs in the way of operation. In essence, itaims at exertingpressure and deterrent effect on the foreign entities concerned, urging them to be more neutral, prudentand restrained when complying with the control and sanction requirements of their governments.Theconsequences of being listed on the UEL could include import &export control, investment restriction,entry/residence restriction, risk warning, and civil litigation. The implementation of the UEL should, withthe emphasis being placed on deterrence, allow for some degree of flexibility in following principles, andgrant the competent authorities necessary discretion. Meanwhile, the due process of administration shouldbe observed, so as to secure the rights of defense and objection of the foreign entities concerned.

Keywords: Unreliable Entity List; countermeasure; export control; Blocking Statute; extra-territorialapplication of domestic law; due process of administration

Author: Professor Liao Fan, a research fellow and the deputy director general of the Bureau of International Cooperation, CASS.

Source: 1 (2021) Journal of Comparative Law, pp. 167-179.