中美经济制裁立法的比较分析及对策研究

Comparative Analysis and Countermeasure Research on the Legislation of Economic Sanctions between China and the United States

美国针对中国的贸易战愈演愈烈,其依据经济制裁立法对我国众多实体实施制裁,我国为维护自身贸易安全,有效应对其经济制裁,也逐步开始经济制裁立法。我国企业需要面对国内外双重经济制裁立法的要求,首先认识并理解两国特别是美国纷繁复杂的经济制裁法规。从两国经济制裁立法的目的、适用对象、适用行为、权力主体等法理方面和处罚措施、救济措施、解除规定、豁免例外等应用层面进行对比分析,有助于深化理解和认知、熟悉相应规则,有效制定应对策略,降低制裁风险。由于企业一旦遭受经济制裁,很难获得有效救济途径,因此通过构建自身的制裁合规体系,既可实现事前风险预防,也可实现事后减轻处罚的目的。

The trade war between the United States and China is becoming more and more intense,and the United States has imposed sanctions on many entities in China according to the economic sanctions legislation.In order to safeguard its own trade security and effectively deal with its economic sanctions,China has gradually begun to legislate on economic sanctions.Chinese enterprises need to face the requirements of dual economic sanctions legislation at home and abroad,first of all,to understand and understand the complex economic sanctions laws and regulations of the two countries,especially the United States.This paper makes a comparative analysis of the two countries’economic sanctions legislation from the legal aspects such as the purpose,applicable object,applicable behavior,power subject,and the application aspects such as punishment measures,relief measures,lifting provisions,exemption exceptions,which is helpful to deepen understanding and cognition,to be familiar with the corresponding rules,to effectively formulate coping strategies,and to reduce the risk of sanctions.Because it is difficult for enterprises to obtain effective relief once they are subjected to economic sanctions,by building their own sanctions compliance system,they can not only achieve risk prevention in advance,but also achieve the purpose of mitigating punishment afterwards.