Legal Study On Secondary Sanctions In Trade Of US

International economic sanctions is a policy tool frequently used by countries in international relations when implementing their foreign strategies.With the development of economic globalization,trade between countries has already formed a situation that affects the whole body.Trade sanctions have gradually become an important means of economic sanctions.Secondary trade sanctions are derived from trade sanctions.The initiator of sanctions must occupy a certain dominant position in the global trade market,enough to influence the trade market trend of other economies in the world.Although trade secondary sanctions have higher requirements on the initiator of sanctions,they have the advantages of low cost and high success rate.Secondary trade sanctions can cause great losses to the target parties and third parties.The harm caused by trade secondary sanctions to third countries is controversial in the international community and causes tension in international relations to some extent.Because of the nature of trade secondary sanctions,they must be used with caution even when the sponsors of sanctions particularly favour them.Recently,a series of the U.S.sanctions against zte and huawei have aroused widespread concern over the economic sanctions imposed by the U.S.and other western countries.Secondary sanctions are widely implicated in extending the scope of their penalties from the target state to a third state that deals with the target state.China's zte,huawei,zhuhai zhenrong,Great Wall industry and many other enterprises have been punished.With the increasingly fierce pace of economicglobalization,Chinese enterprises are going abroad at a faster pace,and their international trade partners have already been distributed around the world.Under such a background,some enterprises are either "mistakenly hurt" because they are not familiar with the sanctions policies of the countries that implement economic sanctions,or are tempted to take risks because of the huge trade profits.In addition,with the promotion of China's "One Belt And One Road" initiative,Chinese enterprises may be affected by secondary trade sanctions because of their trade relations with "sensitive countries" along the "One Belt And One Road" that are subject to direct international sanctions.Besides,with the change of domestic and international situations,countries along the "One Belt And One Road" may be subject to new sanctions,especially those imposed by trade sanctions.In view of this,it is urgent for China to put forward legal measures for the Chinese government and enterprises to deal with international trade secondary sanctions based on China's laws and practices concerning international sanctions.This is of great importance to the smooth development of "One Belt And One Road" plan in China.At present,domestic enterprises are not able to make accurate judgments on the economic sanctions policies of western powers before going abroad for business,let alone make adequate compliance preparations in advance to prevent the secondary trade sanctions of western countries.Therefore,this paper attempts to study international law on trade secondary sanctions in an effort to provide Chinese enterprises with effective Suggestions to deal with trade secondary sanctions and escort Chinese enterprises to carry out international trade more smoothly in the future.The purpose of this paper is,on the basis of clarifying relevant legal issues of international trade secondary sanctions,to finally give Suggestions on how China should respond to international trade secondary sanctions at the level of enterprises and countries.Firstly,this paper defines the basic situation of secondary sanctions,including its meaning,main features and reasons for western countries to impose secondary sanctions on international trade.Secondly,the article explores the effectiveness of the extraterritorial jurisdiction of international trade secondary sanctions.Third,the article takes the United States as an example to summarize andanalyze the domestic legislative basis of trade secondary sanctions.Fourth,on the basis of the above analysis,this paper takes the U.S.sanctions against zte as an example to analyze the reasons for China's suffering from international trade secondary sanctions,and gives Suggestions on preventing secondary sanctions from enterprises and countries respectively.The title and discussion contents of this paper are relatively practical.At the same time,it is an inevitable and important issue in the process of "One Belt And One Road" in China.It is also a hot topic that people pay close attention to in the context of the recent trade war between China and the United States.In terms of content,the article draws lessons from the response measures of various parties to the secondary sanctions,hoping to be helpful to our country in dealing with the secondary sanctions of international trade.At present our country especially subprime trade sanctions in response to subprime sanctions still in the exploratory stage,and the secondary sanctions sanctions policy is still in continuous development of the country,so want to in the present case and scholars comment alone put forward a set of complete and feasible for our country enterprise,foolproof method of secondary sanctions against trade is an extremely difficult project,there may be arguments are insufficient,so this article puts forward the scheme is not necessarily completely accords with the practical situation of our country,etc.First of all,this paper takes the domestic legislation of the United States as an example to analyze the relevant domestic legislation of trade secondary sanctions,so as to have a better understanding of such legislation and facilitate further effective response to the trade secondary sanctions of western countries,mainly the United States,against China.Since the end of the cold war,the United States,relying on the hegemony of the us dollar and its economic,technological and military strength,has frequently used secondary sanctions in international trade.Secondary sanctions have become an important tool for the United States to achieve its political,economic and diplomatic objectives.The activities of the United States to impose secondary trade sanctions against third countries mainly include the helms-burton act of 1996 and a series of sanctions against Iran.In May 2018,the United States announced his retirement from "the Iranian nuclear agreement",the resumption of tough economicsanctions on Iran,then announced to the world,from November 4 banned in all countries for oil trade with Iran in the future,or you will like Iran sanctions,this statement shows that the United States or will continue to secondary waving to the world trade sanctions stick.In this context,it is particularly important to thoroughly understand and apply the relevant legal provisions of the us trade secondary sanctions.Secondly,the legitimacy of the extraterritorial jurisdiction of secondary sanctions is also an issue that needs to be studied.The situations involving extraterritorial jurisdiction in trade secondary sanctions can be divided into two categories: one is that the initiator of sanctions has jurisdiction over the overseas subsidiaries of the parent company of the country;the other is that the initiator of sanctions has jurisdiction over the overseas transactions of foreign individuals or companies abroad.In addition to territorial sovereignty,a state may also obtain extraterritorial jurisdiction in accordance with the provisions of customary international law.In the process of trade secondary sanctions,countries imposing sanctions,led by the United States,defended ACTS of extraterritorial jurisdiction by invoking the principles of personhood,effectiveness,protection and universal jurisdiction.This paper mainly takes the us practice as an example to discuss how a country seeks the basis from these jurisdictional principles in the implementation of trade secondary sanctions and whether such basis is reasonable.Since the implementation of trade secondary sanctions is bound to involve nationals of other countries or countries in the field of non-domestic jurisdiction extraterritorial jurisdiction is an inevitable and controversial issue.With the close political and economic ties between countries all over the world,every country has a reasonable need to expand its jurisdiction.To completely deny the effectiveness of extraterritorial jurisdiction is not in line with the current development of the international community.Sanctions themselves have the nature of extraterritorial jurisdiction and extraterritorial jurisdiction is further expanded on this basis.However,the extension of referral jurisdiction must be limited to a reasonable scope.The principle of territoriality should still dominate the principle of jurisdiction.Under whatever circumstances,respect for the sovereignty and integrity of other states is an inviolable rule of international law.The principle of territorialsubordination to other principles of jurisdiction is permissible under international law,but such abdication should be agreed and recognized by other states.It can be seen from the argumentation in this paper that the United States cannot be recognized by the international community due to insufficient grounds for citing the principle of jurisdiction in international law as the reason for its extraterritorial jurisdiction.Finally,this paper also combined with the United States sanctions zte case of China's trade secondary sanctions to analyze the reasons and further put forward Suggestions to prevent secondary sanctions.The U.S.sanctions against zte can be divided into two phases.In the first phase,from 2016 to 2017,the United States issued a series of penalties against zte for what it called a serious violation of the country's export restrictions.The second stage was in 2018.As a continuation of the case,the us department of commerce announced the resumption of sanctions against zte and its subsidiaries on the grounds of "fraud,false statements and repeated violations of us laws",which led to a series of negotiations between the two sides.There is an important relationship between Chinese enterprises' repeated exposure to secondary trade sanctions and their inadequate compliance or prevention and control of the risk of sanctions in advance.At the same time,China's trading partners along the "One Belt And One Road" strategy often face unilateral economic sanctions from the United States,which makes China easy to become a secondary target of American trade sanctions.In order to reverse this situation,this paper proposes to deal with secondary trade sanctions from two aspects: the compliance of enterprises themselves and the anti-secondary legislation at the national level.