Study On The Extraterritorial Application Of American Export Control Law

Export control is a country's mandatory legal regulation on the technologies or products exported,which has the mission of protecting national security and maintaining diplomatic policy.With the development of economic globalization and economic integration,as well as China's "One Belt And One Road" development initiative,more and more Chinese enterprises are gradually going out of the domestic market and into the global.At the same time,it will also face the instability and greater risks of the international investment environment.In particular,the U.S.Export Control Reform Act(�ECRA�),signed by President trump in August 2018,decided to add the emerging and fundamental technologies which are important to U.S.national security under the export control system.Unfortunately,Influenced by "China threat" theory,zte,huawei,fujian jinhua and other enterprises have been added to the entity list,making the situation of Chinese enterprises even more difficult.The absence of export control provisions in international law and the ideological trend of "America first" and unilateralism provide the living soil for the extraterritorial application of export control law in the United States.According to the political,economic and diplomatic needs in different periods,the American export control law has changed its application and development direction,which has roughly experienced the embryonic period of the second world war,the reform period starting from the 1950 s and the perfection period of the 21 st century,an increasingly mature export control system has been formed.To regulate the limits of extraterritorial jurisdiction,the principles of comity and rationality has been made in International law.The United States make use of long-arm jurisdiction,principle of effect to expand the extraterritorial application of its export control law,regardless of the requirements of international law.Especially the long arm jurisdiction itself has the ambiguity,The United States is increasingly using export control laws to impose sanctions on Chinese companies in china-us economic and trade relations.By analyzing the extraterritorial application of the us export control law,we can not only have an in-depth understanding of the export control mechanism of the United States,but also make Chinese enterprises understand the specific implementation of the us export control law,so as to identify the risk behaviors that may trigger sanctions.From making full use of the EMCP guidance and VEU program of the us export control law,to attaching importance to the construction of trade compliance system,establishing early-warning mechanism of technology dependence,so as to avoid risks and achieve stable economic benefits.