Carrier May Not Invoke Foreign Sanctions to Refuse Cargo · 承运人不得以外国制裁为由拒运案

Shanghai Maritime Court / 上海海事法院 · 2026-06-24

A Hong Kong shipper booked electronics worth about ¥4.99 million from Shanghai to Panama. The Singapore carrier refused to issue the bill of lading, citing the shipper's inclusion on a foreign sanctions list, and later shipped the cargo back. Applying China's Anti-Foreign Sanctions Law, the court held this was a fundamental breach and awarded the shipper full damages plus interest.
After receiving and loading the goods in October 2022, the carrier refused to issue the bill of lading. The shipper obtained a maritime injunction compelling issuance, but the carrier returned the cargo to Shanghai anyway. The shipper sued for its loss; the carrier counterclaimed for container demurrage.
Under Article 12 of the Anti-Foreign Sanctions Law — a mandatory rule that applies regardless of the parties' chosen law — no organization or individual may implement or assist in implementing discriminatory restrictive measures taken by a foreign state against Chinese citizens or organizations. Compliance with foreign unilateral sanctions was no defense: the carrier was ordered to pay the full cargo loss of over ¥4.99 million plus interest, and its counterclaim was dismissed. This was the first Chinese judgment confirming the mandatory application of the Anti-Foreign Sanctions Law.
香港某公司托运价值约499万元的电子产品自上海运往巴拿马。新加坡某船务公司以托运人被某国列入制裁清单为由拒签提单,并擅自将货物退运。法院适用《反外国制裁法》,认定其构成根本违约,判令全额赔偿货款损失及利息。
南京老法师

南京老法师

NANJING LAOFASHI · Veteran Legal Counsel
Legal help for foreigners in China
双/EN EN
📍 Nanjing · Yangtze Delta 南京·长三角
🚨
Emergency Legal Help · 紧急法律求助
Detained · passport lost · violence · accident 拘留/护照丢失/暴力/事故
🧳
Moving to China soon? · 即将来华?
Pre-arrival legal checklist & first 30 days
What happened? · 发生了什么?
Start from your situation, not from legal categories · 从您的处境出发,而不是从法律分类出发
💰
My salary has not been paid
工资被拖欠
📄
I was fired / asked to resign
被辞退 / 被要求辞职
🛂
Visa / residence permit problem
签证 / 居留许可问题
🏠
Landlord won't return my deposit
房东不退押金
👮
Police contacted / detained me
被警方联系 / 拘留
🚦
I had a traffic accident
发生交通事故
🤕
I was injured at work
发生工伤
✍️
I need a contract reviewed
需要审查合同
📅
Deadlines
期限
📝
Documents
文书
🧮
Calculators
计算器
🔖
Saved (0)
收藏
Continue Reading · 最近浏览
✈️
Visa Types for Foreigners
Article 12 · 外国人签证类型
📋
Foreign Employee Wrongful Termination Case
外籍员工违法解雇案
💼
Written Employment Contract Requirement
Article 10 · 书面劳动合同要求
Browse the Law Library See All ›
💼
Labor Law
劳动法
⚖️
Criminal Law
刑法
✈️
Immigration & Visa
出入境与签证
❤️
Marriage & Family
婚姻家庭法
📄
Contract Law
合同法
🩹
Tort Law
侵权责任法
Recent Cases See All ›
CONTRACT 2026-06-24
Foreign Crew Wages Recovered — Ship Arrested and Released in 9 Days
外籍船东欠薪·扣船9天促成和解案
A Liberian ship-management company, owed US$656,400 in crew-management fees by a Marshall Islands shipowner, applied to a Chinese maritime court to arrest the ship when it called at Quanzhou port. The court arrested the 70,000-ton foreign vessel within 24 hours and brokered a US$762,800 settlement in just 9 days; the crew's pay was covered and the ship was released before a typhoon arrived.
Xiamen Maritime Court / 厦门海事法院 Read ›
CONTRACT 2026-06-24
Carrier May Not Invoke Foreign Sanctions to Refuse Cargo
承运人不得以外国制裁为由拒运案
A Hong Kong shipper booked electronics worth about ¥4.99 million from Shanghai to Panama. The Singapore carrier refused to issue the bill of lading, citing the shipper's inclusion on a foreign sanctions list, and later shipped the cargo back. Applying China's Anti-Foreign Sanctions Law, the court held this was a fundamental breach and awarded the shipper full damages plus interest.
Shanghai Maritime Court / 上海海事法院 Read ›
Talk to a Lawyer · 咨询律师
Free consultation — how to ask · 免费咨询 · 咨询路径
🏠Home
📚Library
📋Cases
🛟Help
💬Lawyer