The Senate last week passed its version of the FY 2024 National Defense Authorization Act with several trade-related amendments, including one that could establish a notification regime for, but not restrict, certain outbound investments (see 2307260029).
The Senate this week voted to attach amendments to its version of the FY 2024 National Defense Authorization Act, including one that could establish a notification regime for certain outbound investments and another that could ban China, Russia, North Korea and Iran from investing in American farmland and agricultural businesses.
The Committee on Foreign Investment in the U.S. is investigating whether TuSimple Holdings is complying with a national security agreement between CFIUS and the U.S.-based self-driving truck and autonomous freight shipping technology company, TuSimple said. The company said it’s “cooperating with the inquiry,” which is examining “information shared by TuSimple U.S.” with its China-based businesses: Hydron and Hydron’s partners.
U.S. policymakers should explore new ways to restrict transfers of items and services that China may be using to advance its artificial intelligence capabilities, such as data, algorithms and human capital, the Center for a New American Security said in a report this week. Although the administration should “aggressively” restrict exports to China of advanced semiconductor equipment, the report said Washington also needs to “seek out creative tools to regulate other basic building blocks of AI.”
The House Select Committee on China's chairman and ranking member acknowledged that momentum for legislation on TikTok has dissipated, but Chairman Mike Gallagher, R-Wis., said that behind the scenes he and others are working on "compromise language that will avoid some of the pitfalls of the Senate's approach, which a lot of people on my side felt was too broad ... which still does what we want it to do, which is ban [TikTok] or force a sale."
A former senior export control official with the Commerce Department told the House Select Committee on China that he thinks the Entity List is ineffective against China, because countries can change their names, establish partnerships, change locations, and because the Entity List is a "meat cleaver" approach, given that listed parties are subject to very strict licensing requirements.
The Global Investment in American Jobs Act, a bill that directs the administration to produce a report on the effect of trade barriers to U.S. digital exports and on the extent of foreign direct investment in U.S. companies by state-owned enterprises, passed the House of Representatives by a 386-22 vote July 17. There is no similar bill introduced in the Senate.
A bipartisan bill recently introduced in the House would give the Committee on Foreign Investment in the U.S. the power to block all U.S. land purchases by entities from certain “foreign adversary” countries and require mandatory CFIUS filings for those entities buying land near all American military bases. The Protecting U.S. Farmland and Sensitive Sites From Foreign Adversaries Act, introduced last week, also would establish a “presumption of non-resolvability” for those reviews, which would require the committee to assume at the outset that any national security concerns can’t be resolved.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
Akin added three partners from Hughes Hubbard to its Washington, D.C., office, the firm announced. Ryan Fayhee, a former national security official at DOJ, will advise clients on sanctions and the Committee on Foreign Investment in the U.S. reviews, incident response and compliance best practices. Roy Liu will focus on U.S.-China trade matters, sanctions, export controls, customs cases and CFIUS proceedings, and Tyler Grove will focus on sanctions and trade regulations.