The administration should increase export controls and sanctions pressure on China, place more scrutiny on Chinese foreign direct investment and push for the modernization of multilateral export regimes, the House’s Republican-led China Task Force said in a Sept. 30 report. It urged the administration to act quickly, saying China and other U.S. “adversaries” are flouting international export control laws and undermining U.S. technology industries.
Export Compliance Daily is providing readers with the top stories for Sept. 14-18 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The Commerce Department outlined its prohibitions for the parent companies of TikTok and WeChat, saying in notices released Sept. 18 that it will no longer allow transactions between U.S. parties and the Chinese companies or their subsidiaries. The prohibitions detail a range of blocked activities for both ByteDance Ltd. and Tencent Holdings, including bans on providing internet hosting services, content delivery services and transactions with the two companies. Certain prohibitions on the availability of TikTok in the U.S. took effect Sept. 20, and all prohibitions on WeChat are effective as of Sept. 20. Other restrictions on TikTok will take effect Nov. 12.
Two-way investment between the U.S. and China dropped to a nine-year low during the first half of 2020, the National Committee on U.S.-China Relations said in a Sept. 17 report prepared with data from the Rhodium Group. It also said growing tensions between the two sides are leading to an increase in U.S. investment reviews, specifically of past Chinese transactions.
The Treasury Department issued its final rule to modify mandatory declaration requirements for certain transactions involving critical technologies and made several revisions in response to industry comments. The changes include technical revisions and clarifications related to exemptions and the timing of determining whether a party must submit a declaration.
Sen. Marco Rubio, R-Fla., urged the Committee on Foreign Investment in the U.S. to review the potential purchase of Pennsylvania-based GNC Holdings by Harbin Pharmaceutical Group, a state-controlled Chinese pharmaceutical company. Rubio said the purchase falls within CFIUS’s purview because it involves a Chinese company acquiring sensitive data on “millions” of GNC Holdings’ customers and retail locations “on and around military installations” across the U.S.
Export Compliance Daily is providing readers with some of the top stories for Aug. 24-28 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
Although foreign investors and U.S. exporters should be closely monitoring the Commerce Department’s effort to restrict foundational technologies, traders should not expect controls anytime soon, Sidley Austin said in an Aug. 27 post. The rulemaking process will likely take longer than Commerce’s emerging technology effort, the law firm said, which began with a 2018 pre-rule and has been criticized by industry for moving too slowly (see 1911070014).
The Treasury Department is seeking comments on an information collection related to foreign investment reviews by the Committee on Foreign Investment in the U.S., a notice released Aug. 28 said. The collection notes that Treasury recently introduced a new case management system to allow CFIUS filers to submit certain information online (see 2005180029). As of June 1, its use is now mandatory. Comments are due Sept. 30.
The Trump administration will likely continue to impose restrictions on transactions with large Chinese technology companies, particularly as the Committee on Foreign Investment in the U.S. places more scrutiny on Chinese investments involving personal data, trade lawyers said. Industry should prepare for more announcements similar to President Donald Trump’s executive orders on TikTok and WeChat (see 2008070024), one lawyer said.