최근의 미국과 중국의 수출통제제도 강화경향에 대한 비교연구- 미국수출통제개혁법(ECRA) 및 중국수출통제법을 중심으로 -

Abstract

The U.S.-China trade dispute, which has been heightened by the Trump administration’s ‘First America’, is expected to continue in the J. Biden administration. This is because the U.S. intends to correct international unfair trade and resolve its trade deficit with China on the occasion of China’s hegemony competition with the U.S. in terms of technology such as the ‘Made in China 2025’ strategy. In this context, this study aimed to analyze the tendency of the U.S. and China to strengthen export control systems, especially the recently enacted U.S. Export Control Reform Act (ECRA) and the China Export Control Act. To this end, this study compared the scope of export control, controlled items, the expansion of export control items such as advanced technologies, operation of Concerned Trader List, thorough export control management, and penalties in the U.S. and China, and the main analysis results are as follows. First, in the scope of export control, the U.S. and China both include export, re-export, and deemed export, and in the case of deemed export, China has a wider scope with ‘commodity, technology, and service’ than the U.S.’ ‘technology.’ Second, China operates an independent control list and a temporary control system regarding the U.S. review of expanding export controlled items such as advanced technologies and newly based technologies related to the‘Made in China 2025’, and both the U.S. and China require inform control and know control in Catch-all control. Third, China responds to the additional registration of Concerned Trader List such as Entity List by the U.S. on China by making an “Unreliable Entitlement List” and enacting and operating “unfair extraterritorial application methods” along with the provisions of the Export Control Act to express equal measures to the country or territory that harms national safety and interests. Fourth, for thorough management of export control, the U.S. operates secondary Boycott, final use regulations, and a ban on joint research with China, while China operates a permit management system at the exportation, end-user and fianl use certification system, and exporter registration system. Fifth, both countries have tightened penalties for illegal or unfair acts, but China tends to be stronger. The tendency of the U.S. and China to strengthen export control will have a great impact not only on both countries but also on many trading countries, especially Korea, so it is necessary for the government and companies to take appropriate countermeasures respectively.