The Congressional Research Service this month issued an updated version of its overview of the Committee on Foreign Investment in the U.S. The report notes Congress is proposing legislation to expand CFIUS jurisdiction over certain land purchases and potentially add the USDA secretary as a permanent member of the committee (see 2307280052 and 2307180022). CRS listed several items Congress should be considering, such as how the Treasury Department will implement any “new agriculture-related responsibilities in regulation and practice”; how “sufficient are CFIUS’ current authorities” now that five years have passed since the Foreign Investment Risk Review Modernization Act was enacted; and how the Commerce Department’s process of identifying emerging and foundational technologies for export controls is “facilitating or hindering CFIUS reviews of transactions related to such technologies.”
President Joe Biden signed the U.S.-Taiwan Initiative on 21st-Century Trade First Agreement Implementation Act into law Aug. 7 but said there are constitutional concerns with language that would require the U.S. trade representative to provide negotiating texts to the House Ways and Means and Senate Finance committees "in the midst of negotiations," and would also preclude USTR from presenting its text to Taiwan while Congress is reviewing it.
The U.S. shouldn’t scrap its Science and Technology Agreement (STA) with China when it expires later this month, and should instead update the deal to better address areas for cooperation around critical technologies, former U.S. officials and technology policy experts said this week. But they also acknowledged that continuing the agreement could be challenging, particularly because of rising tensions between the two sides along with a congressional push to restrict more American technology from being shared with Beijing.
Rep. Rick Larsen, D-Wash., one of the shrinking number of members of Congress who advocate for engaging with China rather than punishing it, recently published a white paper of his views on how to manage competition with China, how to use both offensive and defensive measures to compete with China, how to improve U.S. governance and competitiveness, and how to identify areas of cooperation.
The Biden administration’s upcoming outbound investment screening rules should restrict both private and public investments, starting with “five to six priority sectors” but eventually expanding to more, said Rep. Mike Gallagher of Wisconsin, the top Republican on the House Select Committee on China. Gallagher said the rules should stop Americans from investing in Chinese entities connected to the country’s military, human rights abuses or “technological rise,” should require Chinese companies to meet the same due diligence standards as U.S. firms, and shouldn't be adjudicated through a case-by-case process, which would cause uncertainty for American investors.
The U.S. needs to better protect agricultural technology from Chinese theft and push Beijing to reduce tariffs on U.S. crops, American farmers told lawmakers last week. Speaking during a panel in Iowa organized by the House Select Committee on China, at least one farmer said U.S. trade policy should focus more on securing free trade deals, which would help exporters become less reliant on China.
Alan Levesque, former senior managing director at Ankura and former vice president at Raytheon, has joined Wiggin and Dana as a partner in the litigation and international trade compliance practices. Based in Washington, D.C., Levesque's practice will draw from his experience leading Ankura and Raytheon through export consent agreements, Committee on Foreign Investment in the U.S. audits, and "complex regulatory and enforcement issues," the firm said. Levesque brings a lengthy resume to Wiggin and Dana, including stints at Sikorsky, Pratt & Whitney, Hamilton Sundstrand, and Nufern.
House and Senate Republicans introduced a bill this week that would force nonprofits, university endowments, public pension plans and other tax-exempt entities to divest from Chinese companies or lose their tax-exempt status. The Dump Investments in Troublesome Communist Holdings Act would also require the Treasury Department to publish a report within one year of the bill’s enactment to describe the “patterns of outbound investment into China generally, including a sectoral breakdown,” the House Select Committee on China said in an Aug. 1 news release.
The House Select Committee on China is investigating U.S. investment firms BlackRock and index provider MSCI for their “decisions” that led to Americans investing savings into “dozens of blacklisted Chinese companies,” including entities that contribute to China’s human rights abuses, the committee said this week. In letters to the two firms, committee leaders said their investment-related decisions have resulted in Americans “unwittingly funding” Chinese entities building weapons for the country's military and contributing to the government's goal for “technological supremacy.”
The Committee on Foreign Investment in the U.S. is reaching out to companies to warn them of a recent frequently asked question from May that may create “significant obstacles” for tech startups and others trying to raise capital, Wilson Sonsini said in a client alert last week. The CFIUS guidance clarified that the completion date of a transaction is the date when the foreign person obtains any equity interest in the U.S. business, and law firms at the time warned the clarification could lead to problems for parties that for years relied on "springing rights" for minority investments -- deals that allow an investor to acquire equity but not in a way that would make their stake a covered transaction under CFIUS (see 2305300058).