PRC Foreign State Immunity Law (Draft)

中华人民共和国外国国家豁免法 (草案)

February 10, 2023 | BY

Susan Mok

China publishes exceptions to foreign state immunity

Issued: December 30, 2022

Main contents: Where a commercial activity between a foreign state and a natural person, legal person or organization without legal personality of another state, including the People's Republic of China, occurs within the territory of the People's Republic of China or, although it occurs outside the territory of the People's Republic of China, has a direct impact in the territory of the People's Republic of China, the foreign state shall not enjoy jurisdictional immunity in the courts of the People's Republic of China in respect of a legal action arising in connection with such commercial activity (Article 7).

Where a foreign state causes personal injury or death, or a loss in movable or immovable property in the territory of the People's Republic of China and the same gives rise to a compensation suit, such foreign state shall not enjoy jurisdictional immunity in the courts of the People's Republic of China (Article 9).

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