Study On The Application And Countermeasures Of The US Export Control To China Under US-China Trade Friction

As an important means to combat the development of China’s high-tech industry,U.S.export control refers to a system whereby U.S.government departments restrict or prohibit the export of products and technologies containing U.S.components to certain specific destinations for the purposes of national security,anti-terrorism and high-tech protection.Since the U.S.export control system started early and its development has been more complete and mature,it has brought great adverse effects to enterprises all over the world.The sanctioned enterprises not only need to bear the economic risk,but even need to bear the legal responsibility.With the intensification of trade frictions between China and the United States,and the inclusion of many well-known domestic enterprises in the "Entity List",domestic export controls have gradually gained a deeper understanding of the United States,and the most widespread impact in practice is the sanctions imposed by the United States on ZTE and Huawei.The U.S.put them on the "Entity List" to prevent domestic enterprises from trading with ZTE and Huawei,thereby suppressing China’s high-tech development and promoting unilateralism.In recent years,the U.S.has also targeted export controls on China’s semiconductor manufacturing and advanced computing sectors,making the most direct and significant government intervention in China’s specific industries in recent decades through the Chip and Science Act.By analyzing the U.S.export control system and summarizing China’s existing countermeasures,this paper analyzes the problems that exist in China’s current export controls,and thus proposes feasible measures to deal with the increasingly stringent U.S.export control system from the legal and enterprise levels.Chapter 1 analyzes the legal mechanism of U.S.export controls applied to China.It includes the legal system of U.S.export control,the way of implementation and the jurisdictional basis of application to China.The U.S.has a relatively mature and complete export control legal system and its implementation system,which will be used as a weapon for sanctioning and promoting hegemony through jurisdictional expansion.Chapter 2 provides a detailed explanation of the "ZTE" and "Huawei" cases,two representative typical cases of U.S.export control,and compares the areas of concentration of U.S.export control against China.On this basis,the current status of the implementation of U.S.export controls on China is analyzed,including the characteristics of the implementation and the impact on Chinese enterprises.Chapter 3 introduces China’s current existing measures to cope with U.S.export controls.At the legal level,China is continuously improving its own countermeasures and building an export control legal system containing different contents and at different levels;at the enterprise level,the construction of an export control compliance system is also being carried out rationally by many parties.On this basis,this chapter analyzes the advantages and disadvantages of China’s export controls compared with those of the United States through a comparative study method,so as to lay a good foundation for the next step of improving countermeasures.Chapter 4 is based on the previous paper,from the construction of export control legal system,enterprise compliance and other aspects of China’s response to the U.S.export control to put forward more perfect suggestions,in order to better respond to the U.S.sanctions,to solve the enterprise export control compliance risk.