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Executive Order Prohibits Investment In Chinese “Military Companies:” Key Points, Context

Executive Order Prohibits Investment in Chinese “Military Companies:” Key Points, Context

We expect that with respect to U.S.-China trade and emerging technologies disputes and competition, the Biden Administration will take a more comprehensive, coordinated, and multilateral approach, relying more on joint action and shared objectives with Congress (where there is bipartisan consensus on key China matters) and U.S. allies, particularly in Europe and Asia. That said, the proximity of the January 11, 2021 operational date will likely require the incoming administration to ensure that any abandonment of or departures from the Executive order are framed in a compelling strategic and policy terms, so as to, at minimum, avoid exposure to claims from some quarters that the next president is “soft on China.”
Corruption, Human Rights, And Geostrategy: U.S. Sanctions Belt & Road Project Company

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).
Digital Dating As A Matter Of National Security: Grindr-CFIUS

Digital Dating as a Matter of National Security: Grindr-CFIUS

Is a dating app a national security asset? Yes, in some cases. Foreign investment in U.S. businesses that collect and maintain U.S. citizens’ sensitive personal data is subject to national security reviews by CFIUS. From social networking to financial services to healthcare to consumer retail, companies across sectors collect, maintain, and have access to the sensitive personal data of U.S. citizens. The implications of the personal data-national security nexus are potentially wide-ranging for foreign investment in U.S. businesses.
China’s Rare Earths Export Controls: A Page From U.S. Law?

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

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).
Proposed Legislation Would Restrict Foreign Participation In Academic Research

Proposed Legislation Would Restrict Foreign Participation in Academic Research

The “Protect Our Universities Act of 2019” is a a bill “to create a task force within the Department of Education to address the threat of foreign government influence and threats to academic research integrity on college campuses, and for other purposes." Among other things, the Bill would restrict foreign student participation in federally funded academic research deemed "sensitive" to national security.
US-China Risks To American Academia Are So Real They Are Insurable

US-China Risks to American Academia Are So Real They Are Insurable

If there remain doubts that the U.S.-China trade war and technology war present real risks for U.S. colleges and universities, a recent report that a U.S. university has secured insurance against the risk of material reductions in Chinese student enrollment should put those doubts to bed. The risks are so real that they are insurable.
DOJ Initiative Takes On “Chinese Economic Espionage:” Legal Issues For Academia

DOJ Initiative Takes on “Chinese Economic Espionage:” Legal Issues for Academia

The Department of Justice (DOJ) recently launched an initiative to “Combat Chinese Economic Espionage.” Announced on November 1, 2018 by former Attorney General Jeff Sessions, the China Initiative acts on the Trump Administration’s previous findings “concerning China’s practices” and “reflects the Department’s strategic priority of countering Chinese national security threats and reinforces the President’s overall national security strategy.” The China Initiative presents emerging issues for academia, the technology industry, and the private sector broadly.
Publications

Publications

MassPoint Legal and Strategy Advisory/Hdeel Abdelhady publications on banking and finance, compliance and governance, and investment with focuses on emerging and growth markets and strategic investments in food, agriculture and water.
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