Research On “Dual-use” Export Control Under U.S. Export Control System

Benefited from the Second World War, U.S. took the economic hegemony of the world since ever, and also resulted from sharp political turbulence during the time from 1939~1945, the East and West of the world formed different ideological camps. U.S. intended to enact and execute some regulations to suppress the development of the East for U.S. national security and meanwhile maintain U.S. economic status in this world. For that purpose, U.S. carried out its export control plans, and widely accepted, this is the beginning of export control in recent history.From the forties of the last century, the U.S. export control system presents a distinctive characteristic of the times, from the strictly prohibited policy of the 1940 s to the deregulation reform in the 1950s; from the comprehensive embargo due to Cuban missile crisis and the Soviet invasion of Afghanistan to the significant reform after Assortment, every change of the U.S. export control system in each period reflects the concern of the United States national security, diplomatic thinking and defensive focus. In the new century, especially after the 9/11 terrorist attacks, the U.S. government tried to reform the export control system to balance the U.S. economy development and the interests of national security. President Bush and President Obama launched a series of reforms to simplify the licensing procedures, build information-sharing system and improve interagency review, in that way, the U.S. government seeks to promote exports and strengthen the focus on the object of defense.The U.S. export control system can be divided into two parts: the military supplies export control and dual-use items export controls, which are conducted by different governmental agencies, and under each part, every item may require different licensing procedure. In the 2rd chapter of this thesis, the author will specify every aspect of the U.S. dual-use export control system, including but not limited to laws and regulations, licensing procedure, examination and penalty.When it comes to dual-use export practice, the U.S. government conducts different export control policies and rules towards different countries, for example, Canada, ally of the United States, most exports to Canada have no restriction under the export control system, but for Iran, which is listed in the "Object of Defense", the United States enforces a comprehensive trade embargo import. In addition, the U.S. export control laws and regulations issued by the government also endow the right of jurisdiction over foreigners who violate the U.S. export regulations to the relevant U.S. governmental agencies. For such different export control policies towards to different countries, the relevant nations and enterprises can’t help asking whether the U.S. export control system is consistent with the obligations of international law and relevant international organizations? Therefore in the third chapter of this thesis, discussion is needed.China has always been focused on the object under the U.S. export control system, especially the "dual-use" items which, could be identified both for commercial business and military defense export to China. Such regulations make the relevant Chinese or enterprises on the risks when doing export. Due to U.S. export control system, the Department of Justice has broad jurisdiction, a large number of joint ventures located in China and even the transactions within the territory of China will be subject to U.S. export controls, the last chapter of this thesis will analyze the rules about China under this export control system, and from the perspective of actual export operation, give some advice.