Nazak Nikakhtar, acting head of the Bureau of Industry and Security during the Trump administration, blamed the deep state for a lack of urgency in confronting China, during a podcast interview with China Talk. Nikakhtar did not use that term, but said that it was hard for Commerce Department career officials to shift their thinking from promoting exports of goods to restricting exports or investment. Nikakhtar was previously a civil servant herself, working on antidumping and countervailing duty cases and negotiations with China.
At least 22 states recently have approved legislation regulating foreign ownership of U.S. land, reflecting growing interest in addressing the potential national security and economic implications of such investments, the Congressional Research Service said in a new report this week.
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.
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.
The Treasury Department should make sure its investment screening regulations don’t unfairly discriminate against foreigners and should do more to curb a rise in “xenophobic” U.S. state and federal land laws, nonprofits told the agency and the Committee on Foreign Investment in the U.S. They criticized several bills that could place new investment restrictions on people from “countries of concern,” including China and Iran, and said they’re concerned CFIUS may not have the resources to manage its expanding jurisdiction.
The Committee on Foreign Investment in the U.S. has levied nearly $70 million in penalties so far this year, including a $60 million fine against T-Mobile after the telecommunications company violated its national security agreement. The announcement, the first time CFIUS has named a company it has penalized, comes after the committee last year issued a record-setting four penalties (see 2407230017) and in April proposed expanding its enforcement powers (see 2404110037), underscoring its recent focus on punishing violators and increasing penalties.
The chair and ranking member of the House Select Committee on China, along with a bipartisan group of 53 representatives, filed an amicus brief last week in the suit against the TikTok ban to support the constitutionality of the ban (see 2406070023) (TikTok v. Merrick Garland, D.C. Cir. # 24-1113).
A decrease last year in filings with the Committee on Foreign Investment in the U.S. is continuing into 2024, Latham & Watkins said in an Aug. 2 client alert.
The Senate Appropriations Committee is concerned that Chinese Communist Party-backed companies may be “exploiting” the U.S. bankruptcy process to obtain American companies’ sensitive and proprietary information, the panel wrote in a new report accompanying its version of the FY 2025 Financial Services and General Government Appropriations Act.
Companies should expect the Treasury Department to aggressively penalize violators of its upcoming outbound investment prohibitions relatively soon after those rules are finalized, lawyers with Kirkland & Ellis said this week. They also said American chip companies and other technology firms are considering inserting new outbound investment-related warranties in their contracts and may start pulling out of existing investment deals that could soon be captured by the new prohibitions.