Congress should create a new, “permanent” committee in the executive branch tasked with planning sanctions against China under “a range of possible scenarios,” including if it invades Taiwan, a congressional commission said this week. The bipartisan commission also said the Commerce Department should provide Congress with regular enforcement and licensing reports on certain China-related export control decisions and said the administration should create a new list of Chinese firms that should be subject to strict export licensing requirements.
Laura Black, former director of policy and international relations in the Treasury Department's Office of Investment Security, has joined Akin Gump as senior counsel in the foreign investment and international practices, the firm announced. Based in Washington, D.C., Black will focus on investment screening within a national security context and advising clients on international investment risks, multijurisdictional review of transactions, cross-border M&A and outbound investment issues, the firm said. While at OIS, Black was the chief drafter of the Foreign Investment Risk Review Modernization Act of 2018. She also served as the "point person" between the Biden administration transition team and the Office of International Affairs and Terrorism and Financial Intelligence, which includes the Committee on Foreign Investment in the U.S., Akin Gump said.
World Trade Organization members mulled over five regional trade agreements at the Nov. 14 meeting of the Committee on Regional Trade Agreements, the WTO said. The agreements are between South Korea and Turkey, for services, and between Kenya and the U.K., the U.K. and Israel, the U.K. and Egypt, and the U.K. and Mexico, for goods.
The U.S.’s best option to address potential national security risks arising from TikTok is through a foreign investment review rather than an outright ban, said James Lewis, a technology policy expert with the Center for Strategic and International Studies.
Of all the outstanding trade policy options -- new trade promotion authority, requiring Section 301 exclusions, revisions to antidumping law and a customs modernization law -- the head of government relations at Flexport said he thinks customs modernization is the most likely to pass. "I think we are coming on the cusp of something," Darien Flowers said, and said he thinks a bill will be enacted before 2025. Flowers once worked for Sen. Bill Cassidy, the Louisiana Republican who is leading the bill, though more recently he served on the minority staff of the Senate Commerce Committee.
Parties negotiating an agreement on investment facilitation for development (IFD) at the World Trade Organization "made substantial progress" toward settling remaining issues and achieving a single text, the WTO said of the Nov. 1-3 meetings. The participants showed support for the new and streamlined text following the Nov. 3 open-ended plenary meeting. South Korean Ambassador Jung Sung Park, the negotiations' co-coordinator, said four important parts of the text were moved from proposals in the annex to the body of the agreement.
The Biden administration should “show strength” in response to North Korea’s recent string of missile launches into the sea, said Rep. Michael McCaul, R-Texas, the top Republican on the House Foreign Affairs Committee. The Kim Jong Un regime “has been given a moment of opportunity by the Biden administration’s weakness on the world stage and the support” of China in “evading sanctions,” McCaul said Nov. 3. “I strongly urge the administration to put forward a strategy that supports our allies, the Republic of Korea and Japan, and begins dealing with Kim from a position of strength.”
A U.S. hardware supplier said it may have violated U.S. export controls by selling to a Chinese foundry on the Entity List. MaxLinear, which sells highly integrated radio-frequency analog and mixed-signal semiconductor products, disclosed it submitted an "initial notification" of voluntary self-disclosure to the Bureau of Industry and Security in October and its sale may have violated the Export Administration Regulations because it never obtained a license.
New guidance from the Committee on Foreign Investment in the U.S. signals that the committee is preparing to increase its enforcement efforts, law firms said this week. Companies should expect more scrutiny from the committee, firms said, adding that completing and documenting due-diligence before finalizing an investment transaction is growing increasingly important.
There's a consensus on the need for reform at the World Trade Organization, according to Assistant U.S. Trade Representative for WTO and Multilateral Affairs Andrea Durkin, but since member countries have different ideas about what reform is, and different ideas about how to achieve it, it will be a "significant challenge" to make changes in Geneva.