Three Sheppard Mullin lawyers, across two continents, say the outcome of the new aggressive stance against China's rising technological manufacturing sector is yet to be seen, but that they don't expect the Biden administration to back away from the most significant export control actions taken under President Donald Trump.
U.S. measures to expand foreign investment screening are having an increasingly chilling impact on Chinese companies’ willingness to invest in the U.S., said Jingyuan Shi, a media and technology lawyer with Simmons & Simmons. As the Biden administration continues to implement its China strategy, including its administration of the Committee on Foreign Investment in the U.S., some Chinese technology companies “are adopting a wait-and-see attitude,” especially amid the U.S.-China “trade tension atmosphere,” Shi said during a March 24 webinar hosted by the law firm.
Two Canadian companies recently announced plans to acquire U.S. businesses and are awaiting approval from the Committee on Foreign Investment in the U.S., according to their Securities and Exchange Commission filings. The filings were previously reported by Squire Patton.
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Companies will continue to see a rise in global scrutiny of foreign direct investments as European countries try to match the U.S.’s investment screening regime, which has set the standard for investment reviews, trade lawyers said. Several countries, including the United Kingdom and Germany, are quickly bolstering their regimes while the U.S. is continuing to expand its jurisdiction to keep China and sanctioned countries from acquiring critical technologies, the lawyers said.
The U.S. needs to immediately modernize export controls and foreign investment screening mechanisms to counter Chinese technology advancement, a U.S. commission told Congress. The members of the National Security Commission on Artificial Intelligence, building off a report it released earlier this month, told lawmakers March 12 that the U.S. is in danger of ceding technology leadership over artificial intelligence if it doesn’t devote more resources to innovation and create a clearer national technology strategy.
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The U.S. needs to modernize its approach to export controls and expand disclosure requirements for foreign investment screening to maintain its technology dominance over China, a U.S. national security commission said in a report this week. The commission called current U.S. export controls outdated, urged the Commerce Department to more quickly control emerging and foundational technologies, and said the Committee on Foreign Investment in the U.S. should review a broader set of transactions to protect sensitive technologies.
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