Study On The Extraterritoriality Of The Export Control Law Of The United States

As the world's first and second largest economies,the United States and China are important trading partners of each other.China US trade relations have been developing in twists and turns since the establishment of diplomatic relations between China and the United States.In the first half of 2018,the United States sanctioned ZTE Co.,Ltd.,which opened the prelude of China US trade war.On May 21,the following year,the Bureau of industry and security,BIS added Huawei Technology Co.,Ltd.and all its non-U.S.subsidiaries to the list of entities,on the grounds that some of the relevant activities Huawei participated in threatened the national security of the United States and damaged its diplomatic interests.Up to now,the trade war is in full swing,which has attracted the attention of the international community and become a hot issue in the world.In recent years,the trade frictions between China and the United States have been escalating.First of all,this paper analyzes the historical background of the U.S.trade export control law and introduces the formation and evolution of the legal system of the U.S.trade export control;combs the relevant concepts of the extraterritorial effect of the U.S.trade export control law,and focuses on the analysis of the extraterritorial jurisdiction of the U.S.trade export control based on the jurisdiction theory.Secondly,it focuses on the analysis of the causes of the extraterritorial effects of the U.S.trade export control law,including the analysis of the legitimacy of the extraterritorial effects of the U.S.trade export control law,the ways of expansion and the means of realization,so as to provide a theoretical basis for its extraterritorial effects.Thirdly,this paper studies the means to guarantee the extraterritorial effect of the U.S.trade export control law.It studies the forms and ways to realize the extraterritorial effect of the U.S.trade export control law from the aspects of administrative procedure and judicial review.It focuses on the law enforcement agencies and control measures of the U.S.trade export control law.In addition,it combs the legal consequences of violating the U.S.trade export control law Therefore,China and relevant enterprises have a deeper and clear understanding of the administrative procedures and judicial review of US trade export control,so as to prepare for the future Sino US trade in advance and prepare for the future.Finally,the author expounds the influence of the extraterritorial effect of the export control law of the United States on China from the national level and the enterprise level,and puts forward China's response strategies and suggestions according to the trend of economic globalization and the enterprise's own interests.