Skip to content
Emerging Technology Law & Policy
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.
Read more
United States China Law and Policy

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.
Read more
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).
Read more
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.
Read more
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.
Read more
Academic Research, China Initiative, Emerging Tech Law & Policy, 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…

Read more
Emerging Tech Law & Policy, 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.
Read more
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.”
Read more
Back To Top