ZT: American China high-tech export control regulations introduced

International electronic business
Time: October 1, 2009Author: Rita Zhou
 
 
From theUSAThe government's prosecution on the basis of legal point of view, mainly related to "American No. 13222 presidential executive order", "export administration regulations (EAR)", "international emergency economic bill of rights (IEEPA)", "Arms Export Control Act (AECA)", its core content is about American exports to other countries, the related policy and control for national security and diplomatic reasons of material and technology.

USAExport controlIs a set of system, first of all from the legislation greatly improve export control level and illegal punishment. Secondly, the highest level in the act, by the Ministry of Commerce Bureau of industry American (BIS) is responsible for, and directly to American presidency. In order to ensure national security, BIS spent huge amounts of money to develop a set of strict export control regulations (EAR), through thousands of pages of elaborate design documents, data and system, from the export process, classification, legal system, the country will be personal and organizational and all related to USA origin, America intellectual property rights of technology and products into the scope of control. At the same time, regulatory responsibility from the high-tech products and technology of the original, extending to the agents and import and export business, including any organizations and individuals involved in export.

Export control is the basic national policy America government to safeguard its national interest and hegemony. As early as in 1917 USA promulgated the "trade with the enemy" (Trading with the Enemy Act), prohibited to trade with the enemy country. After the end of World War II, America officially launched the "export control laws in 1949" (Export Control Act), the export control from wartime expansion to peacetime, trying to force from the economy. The Soviet Union and its allies in the end of the two war reconstruction. When the 1950 outbreak of the Korean War, American President Truman is with "the enemy trading method," interrupted American and Sino Korean trade relations between the two nations.

During the cold war, America successively in the last century sixty or seventy's has introduced a specific export control regulations. One is the "Arms Export Control Act" (Arms Control Act), weapons and equipment, parts and technology to the America exports are defined; on the other hand is the "International Emergency Economic Powers Act" (IEEPA, International Emergency Economic Powers Act), authorized America president everything but arms export control regulations at the international situation is necessary. In addition, in 1979, USA formally promulgated the "export administration act" (Export Administration Act), to launch a comprehensive export control system.

Not only that, USA and its allies in the global scope to pursue its export control. During the cold war, USA and on the North Atlantic Organization export control by NATO's COCOM (Coordinate Committee) carried out extensive cooperation. Especially in the arms embargo, American fruitful cooperation with nato. In the last century eighty's, America and NATO successfully carried out a series of preventing the proliferation of nuclear weapons, chemical and biological weapons and missile launch cooperation. The end of the cold war is a major victory for USA strategy. By USA provoking arms race is a drain on the former Soviet Union and the Eastern European countries the national strength. At the same time, USA in the global implementation of the economic sanctions on these countries has greatly hindered the economic development of these countries. The arms race and economic sanctions is carried out in the framework of export control. Therefore, can say the export control is the end of the cold war and American key made super hegemony.

With the fall of the Berlin wall, the dissolution of the collapse of the Soviet Union and NATO, the world has entered the era of globalization after the cold war. Accordingly, export controls are relaxed in the world. In 1996, industrial countries including Russia signed the "Warsaw agreement", "export control of conventional weapons and dual-use goods and technology" to carry out the provisions of decision support for terrorism, and threat the United Nations arms trade with technical barriers to the setting and economic sanctions, but the agreement did not name the country.

In fact, only America in spare no effort to continue its victory in the cold war weapon: export control. It was in the ninety's of the last century, export controls, laid the foundation for its comprehensive export control in USA today. Firstly, in the aspect of legislation, improve the two bill AECA and IEEPA the former is responsible for military control, who is responsible for the civilian control. Secondly, in the administration, it defines the administrative institutions act corresponding, and improve their level, expand its budget, general goods and technologies export directly under the jurisdiction of the State Council included in the USA, managed by DDTC (Directorate of Defense Trade Controls). The civilian goods and technology export into the administration under the Ministry of export USA (Bureau of Export Administration, BXA), and in 1992 the BXA BIS upgrade to the Bureau of industry and security (Bureau of Industry and Security, BIS). Then, in the management, it released details of a series of regulations by the State Council, DDTC released ITAR (International Traffic of Arms Regulations) the provisions of the international control of weapons, by the Ministry of Commerce released EAR (BIS Export Administration Regulations) export administration regulations.

As a result, the government has a America export control "nets above and snares below", and the government, enterprise, individual all overseas contacts and business are included in the scope of the Catch-All Everything is contained therein. export, export control. Can say, any messages, letters, parcels and telephone, as long as relates to America technology and products have been included in the scope of export controls. Any violation will be subject to administrative sanctions and penalties, any commit a crime it knowingly will criminal sanctions.

Not only that, export control by America Treasury OFAL (Office of Foreign Assets Control) Office of foreign assets control gain strong support. When individuals or companies suspected of violations of export, OFAC project by the Ministry of Finance on powerful control on finance, make any of its investigating the case of capital flows have no place to hide, thus to sanctions and control the country to achieve the real effects of the regulation.

In the last century ninety's, the export control American began to use the export control classification numberECCN(Export Control Classification number) system, it will be all America leading products and technology for the ten kinds of code, a detailed description and explanation of each type of product and technology and its coding rules. Products and technologies in the general class of labeled with EAR99, and cutting-edge products and technologies, such as electronic components 3A001, use and strictly control the export of China and the end user. The ECCN system combined with the legal, administrative, financial and punishment means, formed the basis of national policy in twenty-first Century America global hegemony.

After the end of the cold war, America global hegemony control wildly beating gongs and drums to the exit, but after the 911 incident is carried out under the put up a pageantry in terrorism. Prior to this, the export control mainly through the original manufacturers, but after 911, America will export control extended to all individuals and companies. Any contact with the trading of foreign and could become the object of FBI survey. One obvious fact is that, since 2006, ECCN like tariffs, import and export trade, gradually appear in all walks of life in the process of. Any USA leading products and technology after the ECCN logo, forced to join the invoice, customs clearance, quotation of international trade flows, which makes America government to the sophisticated products and technology export full close control.

To some extent, can be an exaggeration to say, export control USA is mainly aimed at the Chinese. After the age of 80 at the end of USA stop arms sales to China, not only with the relaxation of the international situation to restore the arms embargo, but after China economic rise, extended and strengthened the control of Chinese export sales to prohibited grounds. In 1998 the government will add American satellite technology USA military list, on national security grounds, specifically to control Chinese were. The summer of 2005, USA Congress first discusses "the East Asian Security Law" (East Asia Security Act), trying to make more rigorous and comprehensive export control on Chinese. Though the act was not adopted, but with the strengthening China strength, impact American cold war thinking and hegemony of ideology, the bill is sooner or later. The summer of 2007, the Ministry of Commerce issued specially America China Rule China policy, according to some military use of civilian products and technologies, the implementation of the permit system, further improve the China export control.

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ECCN, ITAR these normal regulations, if Europe, Japan and other state-owned similar products, or America manufacturers have production facilities in third countries such as East Asia, as far as possible procurement alternative resources, not purchased from the USA native!

More and more America middle vendors have quickly become a badly frightened person...