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TECHNOLOGY & HUMAN RIGHTS BRIEFING- Dec. 3, 2019

  • November 18, 2019
There is a growing need to proactively manage human rights risks in research collaborations, commercial relationships, and investments. Recent developments bear this out, including the November 2019 report of the National Security Commission on Artificial Intelligence, the placement of 28 Chinese entities—including Hikvision, Megvii, and iFLYTEK—on the U.S. Entity List, and the public scrutiny of relationships between foreign parties and U.S. (and UK) academic institutions, companies, and investors. In this briefing, MassPoint PLLC will cover select legal, policy, and risk aspects of the technology-human rights nexus.
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New Tariffs: Potential Relevance for Huawei, Export Controls

  • August 1, 2019
The September 1 tariffs effective date is close in time to the expiration of the Temporary General License partially easing restrictions on Huawei. The state of U.S.-China trade talks around the expiry of the 90-day license may influence further actions. U.S. and foreign companies subject to export controls should be mindful of the potential links.
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OFAC Expands Reporting Requirements: Analysis

  • July 16, 2019
On June 21, the Office of Foreign Assets Control (OFAC) issued an interim final rule (IFR) substantially revising sanctions reporting regulations. The most significant amendment was to OFAC’s rejected transactions reporting rule, which now, for the first time, applies not just to U.S. financial institutions, but also to U.S. businesses, nonprofits, and individuals. The rule also appears to apply to foreign entities owned or controlled by U.S. persons. Public comments on the IFR are due by July 22, 2019.
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Huawei: Post-G20 Rundown of Legal Issues in Context

  • July 8, 2019
After talks with China’s president at the G20 summit in Japan, President Trump announced on June 29 that “he would allow” U.S. companies to continue to sell “product” to Huawei. The statement, construed by some as a “concession” or “reversal” of U.S. policy toward Huawei, has generated confusion and disagreement from China “hawks” in Congress and elsewhere. This rundown of Huawei legal and policy issues discusses the presidential statement, its lack of legal effect to date, its context, and why technology industry stakeholders need to understand the complete U.S.-China technology picture to navigate developments and mitigate risk.
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Rare Earth Elements China

China’s Potential Rare Earths Export Controls: A Page From U.S. Law?

  • June 2, 2019
China might take a targeted approach to any restrictions on rare earth elements that echoes, or effectively duplicates, the approach of the United States, which is to control exports based on "end use" and "end user" where one or both conflict with or potentially undermine U.S. national security interests (which include technological leadership and economic security).
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OFAC’s Russia Sectoral Sanctions Directives Apply to Trade-Based Debt: Analysis

  • May 2, 2019
The Haverly case is instructive as it clarifies OFAC’s position, with respect to Haverly and likely more broadly, as to the meaning of “debt” under Directive 2, which prohibits, by U.S. persons and within the United States, dealings in “new debt” issued by parties that are listed on the OFAC-maintained Sectoral Sanctions Identifications List (SSIL) or not so listed but are owned 50% or more by one or more sanctioned parties.
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U.S.-China Trade, Technology & Global Policy Issues: INFOGRAPHIC

  • January 26, 2019
This graphic depicts key issues between the United States and China, as identified by the United States as of January 26, 2019. This is not an exhaustive depiction, but captures key categories and sub-categories of Chinese state and private practices, state policies, and state structural characteristics that are the subject of U.S. government complaints (as raised from within and outside of the Trump Administration).
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Tech Wars: Fundamental Research, National Security, and Technology Competition

  • November 29, 2018
Fundamental research is excluded from export controls jurisdiction. But given growing concerns about alleged Chinese "academic espionage" at American universities and transfers to China of U.S. scientific and technological information and know-how, including through Chinese students, researchers, and others in fundamental and research pipelines, this excerpt is re-posted separately as foreign (particularly Chinese) access to and participation in U.S. fundamental research may be curbed by non-export controls means.
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