In 2023, against the backdrop of geopolitical conflicts and great power competition, the US has continuously strengthened its export controls and economic sanctions, particularly extreme sanctions against Russia and a de-risking strategy for Chinas technology and supply chains. This strategic competition is gradually becoming the new normal between the US and China, prompting the US Treasury to persistently enforce export controls and sanctions. Although commercial relations between the US and China are maintained, their strategic competition is increasingly shaping up. In November 2023, the US-China Economic and Security Review Commission (USCC) released its annual report, emphasizing that the US will continue to expand export controls on China, including restricting the flow of related capital, technology, and items into China, with enhanced controls on end-users.
Against this background, this article will review the typical compliance issues related to US export control and sanctions in 2023 to help relevant enterprises find a balance between opportunities and risks in the complex international business environment.
The regulatory focus of US trade control and sanctions lies in curbing Chinas high - tech and sophisticated technologies, especially in the fields of semiconductors, chips, supercomputers, etc. The United States has also strengthened law enforcement against circumvention of Russian sanctions, including listing multiple Chinese entities on the Entity List, the Specially Designated Nationals List (SDN), and the Uyghur - Forced - Labor - Prevention - Act Entity List (UFLPA Entity List).
At the same time, the US allied countries are also taking similar measures in key areas in coordination. Especially, the European Union has adopted policy measures similar to those of the United States in areas such as supply - chain localization, critical raw materials, energy, and mineral supply chains.
The sanctions of the United States and the European Union against Russia focus on restrictive measures, including restrictions on individuals and entities, import bans, oil price caps, and restrictions on steel imports. At the same time, human - rights and labor compliance supervision is also constantly strengthening, especially regarding the scope and depth of law enforcement under the UFLPA.
It is expected that in 2024, the United States and the European Union will continue to strengthen the review and law - enforcement efforts on foreign entities in transactions related to sensitive countries such as Russia, strengthen legislation and law - enforcement on labor - related and human - rights compliance, and take the high - tech industry as the main battlefield.
Chinese enterprises should strengthen cross - border compliance awareness and management, enhance research and control of special foreign - related risks, align with international compliance certifications and standards, and attach importance to risk early - warning and pre - plan drills.
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