According to the National Development and Reform Commission, the National Development and Reform Commission is taking the lead in organizing research and establishment of a national technical safety management inventory system to more effectively prevent and resolve national security risks. Specific measures will be introduced in the near future.
“To date, China has not yet had a systematic technical safety management inventory system. ” Jiang Hongbo Research Librarian of Shanghai Life Science Information Center of Chinese Academy of Sciences told reporters that this is a system that must be established when the country's science and technology develops to a certain stage. Developed countries such as Europe, America, and Japan all have well-established and systematic high-tech export control systems, such as the Wassenaar Agreement, the 301 Survey, and the 337 Survey, which have been regarded as an important political and economic tool.
Jiang Hongbo said that in the past, China played more of the role of technology tracker and learner. Now it has begun to lead in some areas and has mastered a number of technologies that need to control exports. For example, the sand-filling technology is officially announced by the Ministry of Commerce. Prohibited from exporting.
In recent years, the Jiang Hongbo team has been paying attention to and tracking the policy trends of European and American technology regulation. The team's research shows that with the rapid development of China's economy and changes in Sino-US relations, the United States has been constantly adjusting its export control policies, especially to continuously strengthen the control of high-tech exports to China. In 2017, US exports of high-tech goods to China reached US$35.6 billion, accounting for 27.4% of total exports to China, higher than the global average of 22.9%.
The following is a combing and interpretation of the Jiang Hongbo team's export control mechanism and trends of high-tech products from China.
New means: inventory management, flexible adjustment strategy
At present, the export management of the United States is mainly governed by the Export Administration Act (EAA) and the Export Administration Regulations (EAR) in the field of civil technology.
The Export Administration Regulations were formulated in accordance with the Export Administration Law, which further clarified the principles of export management, commodity control lists, and national control lists. The core content is to restrict or prohibit any person or company from conducting transactions related to and controlling items in a particular country or company. The main means adopted is to control the export behavior of the enterprise through the four dimensions of export goods category, export destination country, export goods end user and export goods end use through “export license”.
From the list of products, in addition to publicly released technology and software, human and non-technical publications, and some goods subject to the jurisdiction of other institutions (such as military products, nuclear materials, etc.), all goods in the United States, produced outside the United States by the United States Goods, other goods produced by US raw materials, technology, etc., are covered by the Export Administration Regulations (Table 1).
New trends: expanding scope, increasing efforts, and restricting international exchanges
In general, US export controls have shown a trend to accelerate the adjustment of export control systems, increase the security review of foreign investment, and limit international talent exchange and recruitment.
In August 2018, the US Senate passed the Export Reform Control Act (ECRA), which mainly strengthened the control over technology transfer from the aspects of expanding export control scope, strengthening export review, and expanding export jurisdiction.
For example, the United States has stepped up its review of the company's background and imposed export restrictions on US companies that hold more than 50% of foreigners. The United States has also filled the regulatory loopholes in key technologies such as “Emerging Technologies” and “Basic Technology” in the current bill, requiring timely monitoring and full-stage control of sensitive technologies that may be used for military purposes, artificial intelligence, and network security. Exports of such technologies will be more stringent. Given that the international multilateral export system such as the Wassenaar Agreement does not have legal force, ECRA will become a key US export control bill to further expand US export jurisdiction.
In August of the same year, the Foreign Investment Risk Review Modernization Act was signed by the US Senate and the House of Representatives. Compared with the Foreign Investment and National Security Act of 2007, the scope of security review was greatly expanded. For example, the bill expands on the review of investment types, including the inclusion of key technologies and critical infrastructure companies “non-active investments” and “minority equity investments” and joint ventures involving intellectual property and key technology transfers. In addition, any changes in equity of foreign investors in obtaining control are subject to review.
Along with Sino-US trade frictions, the United States began to include academic further studies, talent recruitment, and academic cooperation as a way of transferring technology in China, extending the tough measures in economic disputes to higher education, such as tightening students and academic visas, and shortening the number of students. To study the validity period of visas for graduate students in the fields of robotics, aviation and high-tech manufacturing.
Dynamic adjustment to maximize national interests
In the process of implementing inventory management, the United States has paid great attention to the dynamic adjustment of the list, and timely rebalancing the restrictions on trade (pursuing the maximization of national security interests) and promoting trade (pursuing the maximization of national economic interests) to achieve the United States. Maximize the benefits.
Take the US Business Control List for China as an example. The main basis for its adjustment is the development of Chinese technology. After the breakthrough of the plasma etching machine of Micro-Semiconductor, the US Department of Commerce announced in 2015 that because a non-US equipment company in China has made the same quality and considerable amount of plasma engraving as the American equipment company. Corrosion machine, so the export control of China's etching machine was cancelled.
From the perspective of restricted entities listed on the US export control list, as of September 25, 2018, a total of 133 mainland Chinese entities were included in the list of restricted entities, accounting for approximately 15.7% of the global restricted entities, mainly This includes research institutions, universities, supercomputing centers and laboratories, private companies, and related personnel.Author: Shanghai Information Center for Life Sciences, Chinese Academy of Sciences far librarian Ma Zheng, Yang Lu, associate research librarian Chen Daming, Lu JiaoEditor: Xu Qimin
Editor in charge: Ren Wei