미국 수출통제개혁법 제정의 함의

Abstract

The U.S.-China trade conflict on the surface looks like a trade dispute, but on the other hand, it is a war for hegemony of advanced technology in preparation for the era of the 4th industrial revolution. The U.S., which has a technological advantage, aims to exclude China from the global supply chain and block the proliferation of technology. Against this background, the U.S. enacted the Export Control Reform Act of 2018 (ECRA of 2018). The ECRA of 2018 strongly controls the transfer of advanced technologies by including emerging technologies and foundation technologies as new export controls, and strengthening the identification and control procedures for these technologies. In addition, the ECRA of 2018 laid the groundwork for export control measures to be widely used by extending the purpose of export control policy to include securing the qualitative military superiority of the U.S. strengthening the U.S. defense industrial base, and the protection of human rights and the promotion of democracy. On the other hand, a system was introduced to prevent the loss of trading interests due to the strengthening of export control measures. After sufficient consideration of the impact on the U.S. economy, export controls were implemented within the necessary range. The system also includes the easing of export controls on goods that can be purchased abroad and the introduction of procedures to enable trade with countries sponsoring terrorism. The enactment of the ECRA of 2018 has had an impact on the reform of export control acts of the EU and China, respectively. The EU has strengthened control over technology transfer and improved export licensing procedures to enhance the competitiveness of regional companies. China, like the U.S., specified national interest as the purpose of its export control policy, and established a legal basis for extraterritorial application of its export control acts and retaliatory measures against export control measures by another country. The ECRA of 2018, in turn, is expected to mark the beginning of the competition for technology hegemony and to become an inflection point in which international trade disputes change from trade disputes to political disputes in which national security or national interests are invoked.