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淺談「經濟制裁」和中國反制措施
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1.  中國對西方經濟制裁的反擊

摘要譯述《經濟學人》週報一篇未署名的報導與分析如下(原文請見本欄第二篇文章)

1) 
列舉中國為了處理「經濟制裁」與「反經濟制裁」相關事務所通過一系列「法律」及所建立各種「機制」(4)
2) 
指出上述相關「法律」和「機制」的條文語意模糊(6)
3) 
舉例說明這些「法律」和「機制」可能涵蓋的範圍(7)
4) 
分析管制「稀土金屬」出口可能造成的影響(8)
5) 
指出以上「反擊」措施對中國可能導致的負面影響(9)
6) 
提及一旦「反擊」力道增強將成為全球性隱憂(最後一段)

2. 
「經濟制裁」與中國反制措施

1)
「經濟制裁」是大家都會玩,也能玩的遊戲;問題在於:玩不玩得起,以及誰能玩到最後?
2) 
美國號稱「資本主義」國家資本主義的本質是「市場機制」。把「市場」當做武器來使用顯示出美國政府官員/領導人仍然沒有根除「帝國主義」的惡習或壞胚子
3) 
中國領導人一向不幹本能反應式的決定;我不敢說他們事事「謀定而後動」,但對政治局常委們來說,「集思廣益」的過程是必須的。中國的政治制度當然「不民主」,我相信毛主席過世之後,其治理方式通常是合理的(該文第1)深思熟慮的
4) 
第一、二代的中共官員和老百姓是在鬥爭大會的磨練(煎熬?)中成長的;第二、三代的中共官員和老百姓是在鬥爭大會的磨練(煎熬?)中成長的,和/或寫檢討報告的魔鬼營訓練下出人頭地的;跟老共玩文字遊戲,不把你老美、老歐活活玩死他就不姓「共」。此處可參考我對「港版國安法」的評論(該文1.2-3)小節)
5) 
秩序是否基於規則不是重點;誰制定規則才是重點。美、歐領導人經常祭出法權」的魔咒;碰上中國領導人的號稱法治,也算得上是以其人之道還治其人之身。此處可參見《法權和法治(或「號稱法治」)以及民主和法治》。
6)  
承本節以上第3)段的評論:希望這些反制措施能有「倚天既出,誰與爭鋒」的功效

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中國開始反擊西方經濟制裁 -- 《經濟學人》
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China hits back against Western sanctions

The Communist Party is becoming less timid in its retaliation against American economic warfare

the Economist, 07/23/23

IN 2019, AS China’s trade war with America was heating up, the People’s Daily predicted that 
China’s monopoly on rare earths, minerals crucial to the production of most modern hardware, would become a tool to counter American pressure. “Don’t say we didn’t warn you,” the Communist Party mouthpiece thundered. For years the bluster was just that. Between 2009 and 2020 the number of Chinese export controls on the books ballooned nine-fold, according to the OECD, a club of mostly rich countries. Yet these restrictions were haphazard, informal and aimed at narrow targets—random warning shots rather than a strategic offensive.

As America ratchets up its sanctions against 
China, which among other things make it impossible for Western chip companies to sell Chinese customers cutting-edge semiconductors and the machines to make them, new volleys from Beijing are coming thick and fast. Earlier this month, after China announced its latest export controls, this time on a pair of metals used in chips and other advanced tech, a former commerce ministry official declared that the measures were “just the beginning” of Chinese retaliation. On July 20th Xie Feng, China’s new ambassador to America, said that his country “cannot remain silent” in the escalating war over technology. A response, he hinted, was coming.

This time it looks much more deliberate. To counter America’s effort to contain China’s technological ambitions, Xi Jinping, China’s paramount leader, has called on regulators to fight back against Western coercion in what he has called an “international legal struggle”. The result is a flurry of lawmaking that is creating a framework for a more robust Chinese reaction to America’s commercial warfare.

The list of recent laws is long. An “unreliable entities” list, created in 2020, punishes any company undermining China’s interests. An export-control law from the same year created a legal basis for an export-licensing regime. In 2021 an anti-sanctions law enabled retaliation against organisations and individuals who carried out the sanctions of other countries. A sweeping foreign-relations law enacted this year, and prompted by Western sanctions against Russia over its invasion of Ukraine, permits countermeasures against a wide range of economic and national-security threats facing the country. It came into effect on July 1st. The same day an anti-espionage statute came into force, extending the reach of Chinese security agencies. All the while, China has tightened various data and cyber-security rules.

The new rules are already being used, as opposed to merely brandished. In February Lockheed Martin and a unit of Raytheon, two American arms makers with non-weapons business in China, were placed on the unreliable-entities list after shipping weapons to Taiwan (which China regards as part of its territory). The companies are blocked from making new investments in China and from trade activity, among other restrictions. In April Micron, an American chipmaker, was hit with an investigation by China’s cyberspace regulator, based on a new cybersecurity law. After Micron failed a security review, regulators banned its chips from critical infrastructure.

The laws’ vague wording makes it difficult for Western companies to assess their potential impact on their business in China. The “mother of all sanctions laws”, as Henry Gao of Singapore Management University describes the foreign-relations law, vows to hold accountable anyone acting in a manner deemed “detrimental to China’s national interests…in the course of engaging in international exchanges”. Several foreign law firms in China have been asked by their Western clients to evaluate the risks of being hit by investigations. One lawyer looking into potential Chinese cyber-probes notes that American tech companies producing commodified hardware components, such as Micron’s memory chips, should be on guard for sudden investigations.

China’s new laws allowing the government to restrict a broad range of minerals and components, meanwhile, are injecting similar uncertainty into the businesses of their foreign buyers. One affected group, notes David Oxely of Capital Economics, a research firm, is Western manufacturers of green-energy technologies. Battery-makers, in particular, are highly dependent on China across the supply chain (see chart
請至原網頁參看相關統計圖) . Last year the commerce ministry proposed a ban on exports of ingot-casting technology (模具鑄造技術) used in making solar-panel wafers. If imposed, such a prohibition could hold back the development of indigenous solar-power technology in the West, which would hurt Western manufacturers while increasing foreign demand for finished Chinese solar panels.

The restrictions on the two chip metals, gallium and germanium, could pose a strategic headache to America. The rules, which come into force on August 1st, require exporters to apply for licences to sell the metals to foreign customers. China produces 98% of the world’s raw gallium, a key ingredient in advanced military technology. This includes America’s next-generation missile-defence and radar systems. A shock to the supply of gallium could cause long-term problems for the American defence industry, reckons CSIS, a think-tank in Washington. Moreover, a gallium-based compound, gallium nitride, may underpin a new generation of high-performance semiconductors. Keeping it out of foreign hands would stymie Western efforts to develop the technology while furthering Mr Xi’s policy goal for China to control it.

China needs to tread carefully. The country re-imports many of the finished products that are made abroad using rare earths, notes Peter Arkell of the Global Mining Association of China, a lobby group, so prohibitions could come back to bite Chinese firms. Outright export bans would also prompt the West to build its own relevant production capacity and seek substitutes, observes Ewa Manthey of ING, a Dutch bank. This would in the longer term weaken China’s hand. And labelling as unreliable entities big Western firms with large Chinese operations could jeopardise thousands of Chinese jobs. That may explain why rather than blacklisting all of Raytheon, whose aviation subsidiary, Pratt & Whitney, employs 2,000 people in China, the commerce ministry limited its ban to the American company’s defence unit.

So far the relatively pragmatic ministries of commerce and foreign affairs have led the implementation of the various laws. One fear among Western businesses is that more hardline agencies supplant them. If the tech war escalates further, China’s National Security Commission, chaired by Mr. Xi himself, may take the lead, fears Mr. Gao. If that happens, concerns about potential blowback for Chinese commerce are likely to carry less weight. The consequences are scary to contemplate—and not just for Chinese and American CEOs.

© 2023 The Economist Newspaper Limited. All rights reserved.


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