中国新的供应链安全机制——国务院令第834号及其启示

State Council Order No. 834 and Its Implications 9 April 2026 On 31 March 2026, the Premier of China, LiQiang, signed State Council Order No. 834,promulgating the Provisions of the StateCouncil on the Security of Industrial Chainsand Supply Chains (供应链产业链安全管理条例, the Provisions). The October 2025 sequence merits particular attention. TheMinistry of Transport opened an investigation into the impactof US Section 301 maritime measures on China’s shipping,shipbuilding and related supply chain security, and imposedspecial port fees on US-linked vessels on a staged schedulerunning through 2028. Structure and Core Provisions The Provisions combine preparatory and coercive functions.Institutional responsibility is distributed across roughly fifteencentral government departments (e.g. industrial, security,cyberspace, customs and financial-regulatory), with provincialgovernments participating under national coordination. StateCouncil departments must develop a dynamically adjusted“key sectors” list, establish information-sharing and risk-monitoring systems, organise strategic reserves, and prepareemergency-response plans authorising requisition, mandatedproduction and directed transportation in the event of supplychain disruption. Article 13 separately restricts supply chain-related information gathering within Chinese territory; Article9 authorises enterprises, industry associations and chambersof commerce to report situations affecting supply chainsecurity, creating a bottom-up enforcement channel alongsidetop-down state monitoring.4 Adopted on 13 March 2026 and effective upon publication,the Provisions constitute the first dedicated administrativeregulation in China on industrial and supply chain security.1In only eighteen articles, the instrument establishes newinvestigation procedures, vests broad countermeasureauthority over foreign states and private actors alike, restrictssupply chain-related information gathering in China, andimposes compliance obligations on every organisation andindividual within Chinese territory. For operators from theUS, the EU, the UK, Japan, South Korea and elsewhere, theProvisions introduce a new and consequential layer of legalrisk. The Provisions were publicly announced on 7 April 2026 in aquestion-and-answer session conducted by the Ministry ofJustice (MOJ). A senior MOJ official explained that no singleearlier instrument had offered a unified framework for riskprevention, emergency response and countermeasures; theProvisions fill that gap, consolidating authorities drawn,interalia,from the National Security Law, the Foreign RelationsLaw and the Foreign Trade Law.2 Articles 14 and 15 set out the countermeasures architecture.Article 14 reaches foreign states, regions and internationalorganisations that adopt “discriminatory prohibitions,restrictions, or similar measures” against China in thesupply chain domain; available measures include,inter alia,import and export prohibitions on goods, technology andinternational services trade, together with special levies.Article 15 extends the same logic to foreign organisations andindividuals that violate “normal market-transaction principles”or adopt discriminatory measures causing or threatening“substantial harm” to China’s supply-chain security. Availableremedies include prohibitions on the target’s imports, exports,investment in China and transactions with Chinese entities;bars on entry of personnel and vehicles; and the revocationof work or residence permits, with the measures extendingto entities effectively controlled by, or established with, thetarget. Geopolitical Context and Timing The Provisions arrive at a moment of acute supply chainstress: US-China tariff escalation, semiconductor andadvanced-manufacturing export controls coordinated amongthe US, Japan, the Netherlands and South Korea, and Chineseretaliatory measures on critical minerals and rare earths. TheProvisions are best understood not as a reactive measurebut as the culmination of a legislative trajectory pursuedsystematically since at least 2020, accelerating after entity-listdesignations, semiconductor controls and the secondary-sanctions experience of the Russia-Ukraine conflict.3 Article 16 then completes the framework: all organisationsand individuals within China “shall execute” thosecountermeasures, with noncompliance attracting exclusionfrom government procurement, restrictions on import, exportand international services trade, and restrictions on the cross-border transfer of data and personal information. Litigation Risk Administrative penalties under the Provisions are not theonly avenue of exposure. Article 12 of the Anti-ForeignSanctions Law (AFSL), enacted in 2021, expressly prohibitsany organisation or individual from implementing, or assistingin the implementation of, discriminatory restrictive measuresimposed by foreign countries against Chinese citizens orentities. A party that violates this prohibition, and therebyinfringes the lawful rights