| Minerals export control refers to the authorities of a country, region or independent economic entity formulate corresponding laws, regulations and policies based on the political, economic, social needs, and the signed international conventions, to manage and control minerals export activities. As important raw material, minerals have a profound impact on the worldwide industrialization progress and industrial distribution. Minerals are exhaustible resources, and most mineral products are non-renewable or have a very long regeneration process, which determines that countries have to strategically meet the needs of industrial production and daily necessities, and ensure resources and environmental protection and conservation at the same time. When a government make the minerals export strategic, not only to consider the international economic development and politics need, also should take the need of productions and reserve of mineral resources.Reasonable minerals export control system comprises not only the factors that mining industry development needs but also social, economic and legal factors, which can make nation's advantages of resources into full play, help consolidate the economic and product advantages due to mineral productions, bring advantages in employment, mining level and technology, product innovation, and rational planning of industry chain. As an important means of a country, region or independent economic entity's foreign policy, export control plays a decisive role in the government's control in diplomatic and political aspects. When there are international tensions, embargo and other harsh means are taken to restrict each other; when the international political relations are relaxing, means are taken to encourage exports, increase national income, and boost up the industrial upgrading speed and development level.This paper consists of seven chapters within three sections, in-depth analyzes the characteristics, methods, measures and impact of minerals export control; the minerals export control and its export control system and traits of developed, developing and newly industrialized countries; and also the current situation and development trend of China's minerals export control, trying to clarify the studies on minerals export control, exploring to maximize the interest of China's future minerals export control and establishing a sound minerals export control system. This paper adopts methods such as induction and deduction, empirical analysis and comparative analysis combines with research on policies, laws and regulations of minerals export control, and also document research on export control in various countries, to analyze and study minerals export control based on living examples. It also studies the export policies of specific mineral products and export control in various countries, and explores future policy trend on perfecting the export control of Chinese mineral products.To a certain extent, can defend the security of national natural resources; protect the economic interests and advantage position on political, diplomatic and other aspects. But the degree, methods and means of minerals export control would affect earnings in the national overall export policy aspect, its participation and influence in the international market would be also constrained, thereby careful consideration would be required on the impact on the mineral industry development and various industries throughout the entire supply chain. Thus it is very important for a country, region to set criteria of the content, methods and degree of their minerals export control.For countries and regions, the degree of impact resulted from minerals export control is directly up to the dependence degree on imported mineral products. As to relevant importing countries who are also the control target s, strict export control policy from other countries or regions will result in various security threats including economic aspect, thus relevant industrial development, technological progress, relevant product pricing and enterprise development would be also greatly influenced and threatened. It's a very important task for responding to impact resulted from minerals export control on how to avoid its negative influence on development of relevant industries and goal-directedly avoid negative factor.To a certain extent, the way that implementation of minerals export control influence the international market is more intuitive. Strict minerals export control will block the mineral international trade. Increased operating costs will greatly push up the selling price of such minerals in international market; thereby the convenience on mineral products trade is reduced, which would against the worldwide industrialization development, and world peace would be threatened due to political crisis resulted from this. Military force would threaten world peace which would result in increasing number of refugee flows, not only the political and economic development of countries involved in war would be greatly affected, but also bringing great distress on social and economic activities of other countries and regions.US have the earliest and more effective export control system, paying great attention on the export control on other industrial products composed of minerals as raw material. The objects involved in export control are extensive, and the implementation of control regulation and list are strict. Consistent with American export control system, the aim and control system renewal of its minerals export control are all based on the political and diplomatic needs of the country.As a major exporter of minerals, Canadian overall export control system is quite similar with American because of the "North American Free Trade Agreement" which established with US. However, as to national economic development system which mainly relies on minerals export, Canadian system had its own characteristics. Canadian government has specially enacted export control regulations and restrictions for exporting rare minerals such as diamonds. There are some problems in their control subjects and objects aspects, such as numerous and vague control subjects, and obscure overall professional control system construction.As part of the control system which established base on experience accumulated from their long-term international trade development process, British minerals export control is more focused on management and regulatory activities carried out in the relevant minerals product export. They have very clear attitude due to relying on imports to meet the needs of most of mineral products. Relevant export control subjects and methods are quite clear because of the comparatively well-established overall export control system.As a special international organization and the world's largest economic entity, EU formed its own multi-level export control system by integrating export control systems of its member states. Their minerals export control is featured with low pertinency and high degree of diversification, their minerals control has limited efficiency and effectiveness due to the complicated multi-level system.Australian minerals export control established based on the overall national export control system. The aim of their export control is still on the national defense and strategic goods control, because it is an important pattern to promote national economic development by encouraging exporting mineral products. Operations of relevant control organizations are overlapping, focused points are insufficient, and it has limited constraining force on minerals export.As a land of rich mineral resources. African minerals export control is influenced by the colonial economic history and also taken as an important pillar industry of national economic development. However the importance of minerals export control in major minerals exporting African countries is not prominent in the national policies and legal system, due to overall long-term lag of development. For example, there is no specific laws, regulations and policies on minerals export control in South Africa, besides "Contract Registration Law" which contains mining industry self-management and constraint, there are only "International trade law" and"Import and Export Control" can be taken as reference for export management.Indian export control has a long history, but specific minerals export control is not prominent in the whole system. There is franchise system for enterprise management only in certain mineral products including oil, high-grade iron ore, and the control subjects, objects and methods of other types of mineral products'export and overall control are obscure.Russia has specific "Export Control Law" and "Export Control List" to manage and control export including involved mineral products. And export quotas and export licensing system explicitly state that export license is needed for exporting mineral resources. There are more export subjects in Russia and insufficient law enforcement due to different focus in the control system. International situation is undergoing constant changes, Russian mineral products export are restrained by multilateral export control, so the control implementation is inevitably insufficient, and having more scruples.China's minerals export control is getting more and more attention in recent years due to highlighted export problems in rare earth and other minerals. Based on national trade control system reform and constraints of various international trade rules including WTO, multidimensional and complex policy control system is established involving control system establishment, control law and regulation, control policy and so on. However, we must be clearly aware that there are still many deficiencies in our minerals export control system due to late start. Clauses of control laws and regulations are not specific enough, and lack of specialized minerals export control laws and regulations. In the control subject aspect, control department involved in a wide range and there is no specific government department to unify those control operations, the restrictive relation between administrative departments is weak. National mineral resource security is threatened to some extent because of the simple and extensive control manner.In order to safeguard the orderly and safe utilization of national natural mineral resources, and maximize country's political, diplomatic, and economic interests, it's beneficial and necessary to national resources for summarizing the minerals export control system of developed countries, and continuously improving Chinese minerals export control system construction at the same time. In the field of laws and regulations, specific regulations have to be established to put relevant important and sensitive mineral products in export control list, strict and impartial minerals export control legal system has to be established to safeguard national security, accelerate special and preponderant mineral industry development with high control efficiency. As an important task, improvement of relevant national laws and regulations has to be integrated with international multilateral control system all the time, and enhance interests in the government control level, in order to promote efficiency of the overall national control system and offer maximum assistance to the whole mineral industry chain in all aspects. |
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