On December 23, 2022, the PRC Ministry of Foreign Affairs ("MFA") announced sanctions against two U.S. individuals - Miles Maochun Yu and Todd Stein in responses to the U.S.' sanctions against two Chinese officials for the so-call "human right violations in Tibet."

Notably, unlike the previous sanctions which were typically announced by spokesmen on MFA press conferences, the sanctions against the above two individuals were announced in the form of a formal "order" as required by Article 9 ofthe Anti-Foreign Sanctions Law ("AFSL"). Furthermore, the MFA attached a "Sanction/Countermeasure List" to the MFA Order and added the above two individuals to the "Sanction/Countermeasure List." 

This is first "order" and "sanction/countermeasure list" issued under the AFSL. It is a signal that the MFA will strictly follow the process and requirements under the AFSL in its future sanction practices. However, it remains to be to be seen whether the MFA would add other previously sanctioned entities or individuals to the Sanction/Countermeasure List. 

Below is a rough unofficial translation of the MFA Order. 

Order of the Ministry of Foreign Affairs of the People's Republic of China (No. 4)

The Decision on the Counter-Sanction Measures against Maochun Yu and Todd Stein is hereby promulgated, effective December 23, 2022.

Minister Wang Yi

December 23, 2022

Decision on Countermeasures against Maochun Yu and Todd Stein

On December 9, the U.S. imposed illegal sanctions on two Chinese officials on the pretext of the so-called "human rights in Tibet" issue. In accordance with Articles 4, 5 and 6 of the Anti-Foreign Sanctions Law of the People's Republic of China, China has decided to take the following countermeasures against Maochun Yu, Todd Stein and the other individuals listed in the attached Countermeasure List.

1.      Freeze movable, immovable and other types of property in China;

2.      Prohibit organizations or individuals in China from conducting relevant trade transactions with the sanctioned individuals;

3.      Deny visas and prohibit the sanctioned individuals and their immediate family members from entering into China.

This decision shall come into force on December 23, 2022.

Annex: Countermeasure List

Ministry of Foreign Affairs

December 23, 2022

Annex: Countermeasure List

1.        Maochun Yu, Male

2.        Todd Stein, Male