United States Imposes Global Magnitsky Sanctions on Cambodian Officials

November 11, 2021

The imposition of Global Magnitsky anti-corruption sanctions on two Cambodian related to the Ream Naval Base is strategically significant in the context of U.S. concerns about China's activities and influence in Cambodia.

Senate Bill Would Expand CFIUS’ Purview to Academia

May 23, 2021

Hdeel Abdelhady's recent article on the Strategic Competition Act's proposed expansion of CFIUS' jurisdiction to foreign funding of U.S. colleges and universities is available at Law360.

Strategic Competition Act Would Subject Foreign Funding of U.S. Universities to CFIUS Review

April 28, 2021

Several pieces of legislation are pending in Congress to more comprehensively shore up the U.S. position in the U.S.-China technology race. The Strategic Competition Act of 2021 illustrates clearly the official U.S. view of academia’s role in the U.S.-China technology race, and the links between U.S. policies and legal measures to regulate foreign access to U.S. science and technology within and across the private, public, and academic sectors.

New U.S. Law Targets China’s Financial Diplomacy, Belt & Road Initiative, World Bank Borrowing

February 1, 2021

With the passage of the NDAA for FY 2021, we are reminded that the United States views as an issue of “great power competition” China’s financial and infrastructure diplomacy, particularly China’s lending to developing nations and its Belt and Road Initiative (BRI). Congress provided a reminder of the United States’ concerns as to China’s cross-border lending and the BRI. The massive annual defense spending legislation includes two provisions directly on point.

Post-2020 Election Outlook: 5 Issues to Keep Watching

February 1, 2021

After the 2016 Presidential election, MassPoint PLLC published five issues to watch in 2017 (and beyond). We revisit our predictions on the five issues, which we expect to remain watch-worthy under the Biden Administration.

Corruption, Human Rights, and Geostrategy: U.S. Sanctions Belt & Road Project Company

October 29, 2020

The United States has targted a Belt& Road project with Global Magnitsky Sanctions. The move is significant, and might signal a ratcheting up of U.S. opposition to the BRI, which has largely comprised rhetoric, diplomatic lobbying, and relatively tepid competition, such as by the establishment of the U.S. International Development Finance Corporation (DFC).

U.S. Targets Chinese Belt & Road Project With Global Magnitsky Sanctions

September 23, 2020

The Treasury Department’s announcement of the sanctions speaks to the foreign policy and geostrategic significance of the UDG sanctions action. The release speaks of China’s “malign” investment in Cambodia, its use of the UDG projects in Cambodia to “advance ambitions to project power globally,” “disproportionality benefit” itself through BRI projects, and concerns that the Dara Kakor project “could be converted to “host military assets.” The Treasury Department’s language echoes U.S. concerns about the BRI and other Chinese international project financing activities, including that China engages in “debt trap” financing.

TikTok: China’s Export Controls Set in Motion Unprecedented Legal Scenario

August 31, 2020

On August 14, President Trump ordered ByteDance to divest its assets and interests in TikTok. What happens if ByteDance does not comply? The question may seem academic, given historical compliance with divestment orders and ByteDance’s talks with U.S. companies about TikTok’s sale. But a recent legal move by China—its expansion of a list of technologies that require government approval for export, including apparently in a sale of TikTok—renders real the issue of non-compliance with the August 14 divestment order, and potentially raises unprecedented issues.

U.S. Restrictions on International Tech Transfer in Academia, Business, Trade

March 2, 2020

U.S. Controls Over Foreign Access to and Influence on Technology and Research in 2020: A Quick Guide U.S. companies, academic and research institutions, and individuals are facing greater scrutiny and regulation of their activities with foreign parties involving U.S. technology and…

OFAC Cosco Shipping Tanker (Dalian) Co., Ltd. General License K: Analysis

October 24, 2019

General License K authorizes, until 12:01 eastern time on December 20, 2019 (essentially, through the end of December 19 eastern time), the above-listed prohibited transactions where they directly or indirectly involve Cosco or entities owned 50% by Cosco and are “ordinarily incident and necessary to the maintenance or wind down of transactions.”