New Development Of US Dual-Use Item Export Control System And The Countermeasures Of China

Export controls have become an important tool for the U.S.government to curb the development of Chinese enterprises and the development of China’s science and technology manufacturing industry in 2018,as the Sino-U.S.trade war continues to heat up.In order to further strengthen export controls on dual-use items,in 2018,U.S.President Donald Trump formally signed the National Defense Authorization Act of 2019(Hereinafter referred to as "NDAA"),the Export Control Reform Act of 2018(Hereinafter referred to as "NDAA")was introduced as part of the NDAA and is considered the most stringent dual-use export control law in U.S.history,It has further expanded the scope of export control of dual-use items,strengthened the control of emerging and basic technologies,and strengthened the review of export licensing.This marks a new development and further strengthening of the United States dual-use export control system.For Chinese companies,the challenges of U.S.export controls on dual-use items are set to continue in the future,Whether it is restrictions on the export of new products,technologies,software,or strengthening the supervision of Chinese enterprises,or more actively use export control blacklist to restrict Chinese enterprises,Chinese enterprises will encounter greater risks and difficulties in the future.Therefore,for Chinese enterprises,they should know the new development of U.S.dual-use items export control system in advance,clarify the potential risks to enterprises under the new law,and prepare for and respond strategies.Chapter one of this paper provides an overview of the basic situation of the United States export control system for dual-use items.Firstly,the evolution of the United States dual-use export control system is briefly studied.Then it systematically introduces the main contents of the U.S.export control of dual-use items before ECRA,including export control agencies,export control scope and control mode.Chapter two elaborates on the new developments of the dual-use export control regime in the united states.Firstly,it introduces the background and development process of ECRA.Then it emphasizes the new development brought by ECRA to the Dual-Use Item Export Control System of the United States from four aspects,including expanding the scope of export control;strengthening export reviews;combining export controls and foreign security reviews;and increasing the penalties for violations of export control laws.Chapter three analyzes the potential risks may caused by the dual-use export control system of the United States to Chinese enterprises under ECRA according to some typical cased.Those are the regulatory risks faced by emerging and basic technologies;risks of increasing politicization of export reviews;the double review risks of export controls and foreign investment security;Increased costs of business irregularities and compliance.Chapter four elaborates the proposals to deal with the ECRA.It studies the measures to deal with U.S.dual-use export control system under ECRA from two dimensions of Chinese enterprises and the Chinese government.As far as the Chinese government is concerned,it should improve the system of unreliable entity list as soon as possible so as to form countermeasures.To actively integrate with international multilateral regulatory organizations and improve the regulatory environment;Following the example of the European Union,China’s version of the "interdiction law" to deal with the United States excessive export controls.For Chinese enterprises,they should be paid to the construction of a compliance system to avoid being subjected to export control review of dual-use items by the United States;Strengthen their own scientific and technological innovation and broaden access to technology;Apply for VEU project;Consciously disclose the facts of violations and optimize the enterprise internal supporting system.