Order of the President bet365 app download’s Republic of China
No. 10
The "Foreign State Immunity Law bet365 app download's Republic of China" was adopted by the fifth meeting of the Standing Committee of the 14th National People's Congress bet365 app download's Republic of China on September 1, 2023，Now announced，Effective from January 1, 2024。
President bet365 app download’s Republic of China Xi Jinping
September 1, 2023
Foreign State Immunity Law bet365 app download’s Republic of China
(Adopted at the fifth meeting bet365 app download Standing Committee bet365 app download 14th National People’s Congress on September 1, 2023)
Article 1 To improve the foreign state immunity system，Clear the jurisdiction of the courts bet365 app download’s Republic of China over civil cases involving foreign countries and their property，Protect the legitimate rights and interests of the parties，Uphold national sovereignty and equality，Promote friendly exchanges with foreign countries，According to the Constitution，Enact this law。
Article 2 Foreign countries referred to in this Law include:
(1) Foreign sovereign countries;
(2) State organs or components of foreign sovereign countries；
(3) Organizations or individuals authorized by foreign sovereign states to exercise sovereign powers and engage in activities based on such authorization。
Article 3: Foreign countries and their properties enjoy jurisdictional immunity in the courts bet365 app download’s Republic of China，Except as otherwise provided for in this law。
Article 4: Foreign countries expressly accept the jurisdiction of the courts bet365 app download’s Republic of China on specific matters or cases through one of the following methods，For litigation regarding this matter or case，The foreign country does not enjoy jurisdictional immunity in the courts bet365 app download’s Republic of China:
(1) International treaties;
(2) Written agreement;
(3) Submit written documents to the court bet365 app download’s Republic of China that handles the case；
(4) Submit written documents to the People’s Republic of China through diplomatic channels and other means；
(5) Other ways to expressly accept the jurisdiction of the courts bet365 app download’s Republic of China。
Article 5: Foreign countries have one of the following circumstances，Deemed to accept the jurisdiction of the courts bet365 app download’s Republic of China with respect to specific matters or cases:
(1) As a plaintiff, file a lawsuit in the court bet365 app download’s Republic of China；
(2) Participating as a defendant in a lawsuit before a court bet365 app download’s Republic of China，And respond to the substantive issues of the case or file a counterclaim；
(3) Participating as a third party in litigation accepted by the courts bet365 app download’s Republic of China；
(4) When filing a lawsuit as a plaintiff or filing a claim as a third party in a court bet365 app download’s Republic of China，A counterclaim was filed due to the same legal relationship or facts as the lawsuit or claim。
Foreign countries have the circumstances specified in the second paragraph bet365 app download preceding paragraph，But it can be proved that it was impossible to know that there were facts that could claim immunity before making the above defense，Can claim jurisdictional immunity within a reasonable time after knowing or should have known the fact。
Article 6: Foreign countries have one of the following circumstances，Not deemed to accept the jurisdiction of the courts bet365 app download’s Republic of China:
(1) Responding and defending only to claim immunity;
(2) Representatives of foreign countries appear in court to testify in the courts bet365 app download’s Republic of China；
(3) Agree to apply the laws bet365 app download’s Republic of China in specific matters or cases。
Article 7 Commercial activities between foreign countries and organizations or individuals from other countries, including the People’s Republic of China，Occurred within the territory bet365 app download’s Republic of China，Or although it occurs outside the territory bet365 app download’s Republic of China but has a direct impact within the territory bet365 app download’s Republic of China，Litigation arising from this business activity，The foreign country does not enjoy jurisdictional immunity in the courts bet365 app download’s Republic of China。
The commercial activities referred to in this law refer to transactions related to goods or services other than the exercise of sovereign power、Investment、Lending and other commercial activities。When the courts bet365 app download’s Republic of China determine whether an act is a commercial activity，The nature and purpose of the behavior should be considered comprehensively。
Article 8 Contracts signed by foreign countries to obtain labor or services provided by individuals are performed in whole or in part within the territory bet365 app download’s Republic of China，For litigation arising out of this contract，The foreign country does not enjoy jurisdictional immunity in the courts bet365 app download’s Republic of China，Except for one of the following circumstances:
(1) The labor or services provided by the individual are obtained to perform specific functions bet365 app download foreign country in exercising sovereign power；
(2) The individual providing labor or services is a diplomatic representative、Consular Officer、Staff bet365 app download representative offices of international organizations in China who enjoy immunity or other personnel who enjoy relevant immunity；
(3) The individual providing labor or services has the nationality of the foreign country when filing the lawsuit，And has no habitual residence within the territory bet365 app download’s Republic of China；
(4) The foreign country has another agreement with the People’s Republic of China。
Article 9 Personal injury caused by relevant actions of foreign countries within the territory bet365 app download’s Republic of China、Death or causing movable property、Compensation litigation caused by real estate losses，The foreign country does not enjoy jurisdictional immunity in the courts bet365 app download’s Republic of China。
Article 10 Litigation regarding the following property matters，Foreign countries do not enjoy jurisdictional immunity in the courts bet365 app download’s Republic of China:
(1) Any interest or obligation of the foreign country in real estate located within the territory bet365 app download’s Republic of China；
(2) The foreign country’s interest in movables、Gift of real estate、legacy、Any rights or obligations arising from inheritance or due to no one inheriting；
(3) Managing trust property、Bankruptcy estate or legal entity、The rights or obligations bet365 app download foreign country involved in the liquidation bet365 app download unincorporated organization。
Article 11 Litigation regarding the following intellectual property matters，Foreign countries do not enjoy jurisdictional immunity in the courts bet365 app download’s Republic of China:
(1) Determine the ownership and related rights and interests of the foreign country’s intellectual property rights protected by the laws bet365 app download’s Republic of China；
(2) The foreign country infringes upon the intellectual property rights and related rights and interests protected by the laws bet365 app download’s Republic of China within the territory bet365 app download’s Republic of China。
Article 12 Disputes arising from commercial activities between foreign countries and organizations or individuals in other countries, including the People’s Republic of China，Submitted to arbitration pursuant to written agreement，Or a foreign country agrees in writing through an international investment treaty or other means to submit investment disputes between it and organizations or individuals in other countries, including the People’s Republic of China, to arbitration，For the following matters requiring court review，The foreign country does not enjoy jurisdictional immunity in the courts bet365 app download’s Republic of China:
(1) Validity bet365 app download arbitration agreement;
(2) Recognition and enforcement of arbitral awards;
(3) Revocation of arbitration award;
(4) Other matters stipulated by law for review of arbitration by the courts bet365 app download’s Republic of China。
Article 13 The property of foreign countries enjoys immunity from judicial coercive measures in the courts bet365 app download’s Republic of China。
Foreign countries accept the jurisdiction of the courts bet365 app download’s Republic of China，Does not constitute a waiver of immunity from judicial coercion。
Article 14 Under one of the following circumstances，Property of foreign countries does not enjoy immunity from judicial coercive measures in the courts bet365 app download's Republic of China:
(1) Foreign countries adopt international treaties、Explicitly waive immunity from judicial coercive measures by written agreement or submission of written documents to the court bet365 app download's Republic of China；
(2) Foreign countries have allocated or specially designated property for the enforcement of judicial enforcement measures；
(3) To implement the effective judgment of the court bet365 app download’s Republic of China、Ruling，For foreign countries located within the territory bet365 app download’s Republic of China、Judicial enforcement measures against property used for commercial activities and related to litigation。
Article 15 The property bet365 app download following foreign countries shall not be regarded as property used for commercial activities as stipulated in Paragraph 3 of Article 14 of this Law:
(1) Diplomatic representative offices、Consular agency、Special Mission、For delegations to international organizations or delegations sent to international conferences、Property intended for official use，Includes bank account funds；
(2) Property of a military nature，or for、Property intended for military use；
(3) Properties bet365 app download central banks of foreign countries and regional economic integration organizations or financial management institutions that perform the functions of central banks，Include cash、Bill、Bank deposit、Securities、Foreign exchange reserves、Gold reserves and real estate and other properties bet365 app download central bank or the financial management institution that performs the functions bet365 app download central bank；
(4) Forming part bet365 app download country’s cultural heritage or archives，Property not offered for sale or intended for sale；
(5) Science for exhibition、Culture、Items of historical value，Property not offered for sale or intended for sale；
(6) Other property that the courts bet365 app download’s Republic of China consider not to be used for commercial activities。
Article 16 Trial and execution procedures for civil cases involving foreign countries and their property，Not stipulated in this law，The civil procedure laws bet365 app download’s Republic of China and other relevant laws shall apply。
Article 17 The courts bet365 app download’s Republic of China serve summonses or other litigation documents to foreign countries，This should be done as follows:
(1) Methods stipulated in international treaties concluded or jointly participated by the foreign country and the People’s Republic of China；
(2) Other methods accepted by the foreign country and not prohibited by the laws bet365 app download’s Republic of China。
The delivery cannot be completed through the previous method，It can be sent to the diplomatic department bet365 app download foreign country through a diplomatic note，The diplomatic note is deemed to have been delivered on the date it is issued。
In accordance with the first paragraph of this article、Litigation documents served in the manner specified in Paragraph 2，A translation in the relevant language shall be attached in accordance with the provisions bet365 app download international treaty concluded or jointly participated by the foreign country and the People's Republic of China，Without relevant international treaties，Attach a translation in the official language bet365 app download foreign country。
When serving a copy bet365 app download complaint to a foreign country，The foreign country should also be notified to file a reply within three months after receiving a copy bet365 app download complaint。
After a foreign country defends substantive issues in a lawsuit filed against it，No objection to the method of service of litigation documents is allowed。
Article 18 Completed upon delivery，Foreign countries fail to appear in court within the time limit specified by the courts bet365 app download’s Republic of China，The court should take the initiative to find out whether the foreign country enjoys jurisdictional immunity。For cases where foreign countries do not enjoy jurisdictional immunity in the courts bet365 app download’s Republic of China，The court can make a default judgment，But it should be six months after the date of service of the litigation documents。
A default judgment issued by a court bet365 app download’s Republic of China against a foreign country，Should be served in accordance with the provisions of Article 17 of this Law。
The time limit for foreign countries to appeal a default judgment of a court bet365 app download’s Republic of China is six months，Calculated from the date the judgment is delivered。
Article 19 Certification documents issued by the Ministry of Foreign Affairs bet365 app download’s Republic of China on the following factual issues related to state behavior，The courts bet365 app download’s Republic of China shall accept:
(1) Whether the relevant country in the case constitutes a foreign sovereign country under Article 2, Paragraph 1 of this Law；
(2) Whether and when the diplomatic note stipulated in Article 17 of this Law is delivered；
(3) Other factual issues related to state behavior.
For issues other than those mentioned in the preceding paragraph involving foreign affairs and other major national interests，The Ministry of Foreign Affairs bet365 app download's Republic of China may issue opinions to the courts bet365 app download's Republic of China。
Article 20 The provisions of this Law shall not affect the diplomatic missions of foreign countries、Consular agency、Special Mission、Delegations to international organizations、Delegations sent to international conferences and relevant personnel of the above-mentioned institutions shall be in accordance with the laws bet365 app download's Republic of China、Privileges and immunities enjoyed by the international treaties concluded or acceded to by the People's Republic of China。
The provisions of this law do not affect foreign heads of state、Head of Government、The Minister of Foreign Affairs and other officials of equal status in accordance with the laws bet365 app download's Republic of China、Privileges and immunities enjoyed by international treaties concluded or participated by the People's Republic of China and international customs。
Article 21 The immunity granted by foreign countries to the State and its property bet365 app download’s Republic of China is lower than that provided for in this Law，The People's Republic of China implements the principle of reciprocity。
Article 22 The international treaties concluded or acceded to by the People’s Republic of China have different provisions from this law，The provisions of this international treaty apply，Except for the terms reserved by the People's Republic of China。
Article 23 This law shall come into effect on January 1, 2024。
(Xinhua News Agency, Beijing, September 1)
"People's Daily" (Page 11, September 4, 2023)
