Although the Committee on Foreign Investment in the U.S. has increased scrutiny of Chinese investments in recent years, it still continues to clear a range of transactions involving China, said Antonia Tzinova, a CFIUS lawyer with Holland & Knight. Chinese investors are using several tactics to ensure their deals aren’t blocked, Tzinova said, and in some cases are restructuring their investment agreements.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The U.S. this week released a timeline for sharing sensitive nuclear submarine technology with Australia, saying the country will be operating nuclear-powered submarines before the end of the 2030s. The Biden administration also said it’s considering revising its defense export controls to allow it to more easily share controlled technologies with allies, including within the Australia-U.K.-U.S. (AUKUS) partnership.
Government employees reviewing arms transfers and foreign military sales are tasked with too much work, Mira Resnick, the State Department’s deputy assistant secretary for regional security, said during an event last week hosted by the Stimson Center. Despite the heavy workload, Resnick said, the agency is working to speed up decisions surrounding arms transfers and is working with the Defense Department to make the Foreign Military Sales program more efficient.
The U.S. and the EU plan to increase cooperation to better protect the “leakage” of sensitive technologies, including through export controls, foreign direct investment reviews and outbound investment screening, President Joe Biden and European Commission President Ursula von der Leyen said last week. In a joint statement after a March 10 meeting at the White House, the two leaders committed to increasing cooperative efforts to prevent “sensitive emerging technologies” and other dual-use items from going to “destinations of concern that operate civil-military fusion strategies.”
The Bureau of Industry and Security plans to expand its university outreach program to include more schools that may be working on export-controlled technologies, said Matt Axelrod, the agency’s top export enforcement official. Axelrod, speaking during an academic security seminar last week, also outlined the BIS compliance expectations for researchers, warning that not all fundamental research is exempt from export licensing requirements.
U.S. export controls against China could cause the country to dominate the global industry for “lower-capability” chip technologies, the Office of the Director of National Intelligence said in its annual threat assessment released last week. The DNI also warned that China, which is quickly building new chip factories, remains the “top threat to U.S. technological competitiveness.”
The Netherlands this week announced plans to impose new export controls on advanced semiconductor production equipment, a move the U.S. hopes will align it more closely with American restrictions on exports to China. The new Dutch controls (see 2302160011) will target specific chip technologies “in which the Netherlands has a unique and leading position,” Trade Minister Liesje Schreinemacher said in a letter to the country’s parliament, adding that any additional restrictions should be imposed multilaterally.
The U.S. this week removed sanctions on a former Kazakhstan-based subsidiary of Russia’s Sberbank after the subsidiary changed ownership and asked the Treasury Department to delete the bank from its Specially Designated Nationals List. The subsidiary, now owned by the Kazakhstan government, is "one of the largest banks in Kazakhstan" and "systemically important to the Kazakhstani financial industry," a Treasury spokesperson said March 8, adding that the agency worked "closely" with the Kazakhstan government to help it complete the purchase.
The Biden administration's FY 2024 budget request includes funding to support a new outbound investment review “program” and more money for U.S. agencies to carry out export control and sanctions authorities.
The Bureau of Industry and Security should “significantly” strengthen export controls against Huawei to further restrict the Chinese technology company from buying U.S.-origin items, Rep. Michael McCaul, R-Texas, said in a March 6 letter to the agency. Although McCaul applauded its use of the Entity List and the foreign direct product rule to “curtail Huawei’s unconstrained march to dominate 5G telecommunications systems globally,” he said more should be done.