Legal Research On The US Export Control Policy

The Unite States' Export Control Policy(hereinafter referred to as the �ECP�) was considered the strictest one in the World. This policy was criticized by many companies from both domestic and international. More and more pressures on requiring the US government revise the relevant laws and regulations but not get any improvement until now. Pertaining to the US ECP relevant laws and regulations, the US invested enterprises in China(the �Company�) should also comply with this policy.This thesis introduces the US ECP's background, development, sources of law, legal liabilities and the specific stipulations towards China from the perspective of the Company. Analyze the Company's operational risk arising from here and try to find the mitigation plans.The Company should carefully research and analyze the US export laws and regulations and find a highly individualized approach, E. g put the export restrict clause, weapon facility clause into the contract; negotiate with the customer to add the US export control policy's amendment into the force majeure clause; use the national parts replace the US origin parts to reduce the percentage of the US content and avoid the application of the permit license for the restrict end user, etc. For High tech export control, the Company should set up the ECP programs.The last, under the ECP guidance, voluntary self-disclosure of violations are given �great weight� as a mitigating factor and are typically considered in deciding whether violations should be addressed by a warning letter rather than a penalty. So the Company should cooperate and work closely with the investigation authorities if receiving the inquiry or investigation notice from the US states.