On Chinese Provisions Under The US Export Control System

With the rapid development of economy and technology,the connotation of U.S.export control law is constantly changing.The term "export" is no longer confined to the movement of physical position between countries,but also extends to broader concepts such as "deemed export","invisible export","re-export" and "transfers(in-country)",making the scope of U.S.export control more extensive.The first chapter gives a detailed introduction to the U.S.export control system,including the relevant laws and regulations,export licensing system,commerce control list and commerce country chart.The U.S.export control system reflects two major pursuit of values:national security and economic interest.The relationship between them is antagonistic and complementary.The United States needs to seek a balance of interests,so as to achieve the maximum effectiveness of export control.In the past few decades,The United States regards China as a "strategic competitor"and formulates a series of export control policies for China,which are embodied in items,subjects,specific system and the consequences of violation.From the detailed elaboration of the Chinese clauses above,we can conclude that the Chinese clauses under U.S.export control law have the following characteristics:first,the multicultural administrative agencies;second,the broad controlled items;third,the strict penalty measures;fourth,the discriminatory policy.However,is there any basis in international law for U.S.export control to China?This problem is further discussed in the second chapter.When discussing the extraterritorial effect of U.S.export control law,this chapter discusses the general rules of international law and WTO/GATT rules,and then analyzes the compliance of U.S.export control law from jurisdictional principles.U.S.export policy to China has a great impact.Therefore,chapter four elaborates China’s legal measures to deal with U.S.export control,whether remedy by public force or private right,China should be ready to deal with U.S.export control.For example,China’s provisions under the U.S.export control law should be applied prudently under the WTO framework;a fair China-US trade export channel should be established by signing bilateral or multilateral treaties;the extraterritorial effect of US export control law should be recognized reasonably;and countermeasures should be taken.Meanwhile,enterprises should abide by international rules and observe necessary and reasonable constraints to avoid being punished.