Emerging Technology Law & Policy
Critical Minerals, Critical Resources, Emerging Technologies Regulation, International Trade, Tech War, United States China Law and Policy
China Restricts Rare Earths Exports
China Restricts Exports of Rare Earths Processing Tech Author: Hdeel Abdelhady Once again, China appears to take a page from the U.S. export controls playbook amidst the ongoing U.S.-China…
Academic Research, Foreign Agents Registration Act, Foreign Influence in Academia, National Security Law, Tech War, Technology Transfer
Foreign Agents Registration Act Charge Highlights China, Academia Nexuses
Foreign Agents Registration Act Charge Against U.S.-Israel Citizen Highlights FARA-China-Academia Nexuses Introduction The DOJ charged a dual U.S.-Israel citizen with offenses related to China under the Foreign Agents Registration…
United States Imposes Global Magnitsky Sanctions on Cambodian Officials
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.
Trade & Tech Event: American University Law Review Symposium
MassPoint Principal Hdeel Abdelhady will participate in the American University Law Review Federal Circuit Symposium, as a panelist on international trade and technology.
Academic Research, CFIUS, China Initiative, Emerging Technologies Regulation, Foreign Influence in Academia, National Security Law, Tech War
Senate Bill Would Extend CFIUS to Academia
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.
Academic Research, CFIUS, Tech War, Technology Export Control, Technology Transfer, United States China Law and Policy
Strategic Competition Act Would Subject Foreign Funding of U.S. Universities to CFIUS Review
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
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.
CFIUS, Doing Business in the United States, Foreign Investment in the United States, Sanctions, Tech War, Technology Export Control, United States China Law and Policy
Post-2020 Election Outlook: 5 Issues to Keep Watching
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.
Doing Business in Emerging Markets, Global Magnitsky Sanctions, Sanctions, United States China Law and Policy
Corruption, Human Rights, and Geostrategy: U.S. Sanctions Belt & Road Project Company
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).
Doing Business in Emerging Markets, Global Magnitsky Sanctions, Sanctions, United States China Law and Policy
U.S. Targets Chinese Belt & Road Project With Global Magnitsky Sanctions
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.
CFIUS, Foreign Investment in the United States, National Security Law, Tech War, Technology and Human Rights, United States China Law and Policy
TikTok: China’s Export Controls Set in Motion Unprecedented Legal Scenario
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.
Doing Business in the United States, Global Magnitsky Sanctions, Iran Sanctions, MassPoint News, Sanctions, Tech War
Sanctions Compliance in a State of Flux: Trends and Guidance Amid Global Upheaval
MassPoint Legal and Strategy Advisory PLLC's Hdeel Abdelhady discussed sanctions trends and guidance, as well as issues related to the COVID-19 pandemic, in a live event presented by the Association of Certified Financial Crime Specialists (ACFCS) and Accuity.
Academic Research, China Initiative, Emerging Technologies Regulation, Foreign Influence in Academia, Foreign Investment in the United States, National Security Law, Tech War, Technology Export Control, Technology Transfer, United States China Law and Policy
U.S. Restrictions on International Tech Transfer in Academia, Business, Trade
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…
Emerging Technologies Regulation, MassPoint News, National Security Law, Semiconductor Export Controls, Tech War, Technology Export Control, Technology Transfer
National Security Panel Urges AI Semiconductor Hardware Export Controls
Perceiving China’s technological ascendance as a threat, the United States has imposed defensive legal measures, including export controls, to curb foreign access to U.S. technology by illicit and lawful means. The approach has bipartisan backing across the U.S. government.
Doing Business in Emerging Markets, Iran Sanctions, National Security Law, Sanctions, United States China Law and Policy
OFAC Cosco Shipping Tanker (Dalian) Co., Ltd. General License K: Analysis
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.”