Tech War

The confrontation between the United States and China is not just a “trade war” centered on tariffs. More consequentially, the two countries are in the early stages of a tech war: a race to develop or dominate emerging technologies deemed critical to future economic, industrial, and military positioning and leadership. These emerging technologies include Artificial Intelligence, robotics, nanotechnology, and advanced computing. On national security grounds, the United States is developing and implementing a whole-of-government approach to maintain the country’s technological edge through legal and policy measures to restrict Chinese access to U.S. technology and intellectual property (IP), including by: (1) limiting or prohibiting commercial transactions, (2) adopting export controls on emerging technologies, (3) instituting supply chain exclusions, (4) curbing participation in academic and other research, and (5) combating cyber intrusions and industrial and academic espionage.[2] Additionally, concerns about Chinese government influence have spurred proposals to regulate the activities of entities viewed as Chinese government influence operators, such as the Confucius Institute.

Foreign Agents Registration Act Charge Highlights China, Academia Nexuses

August 2, 2023

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 Act (FARA), sanctions, and export controls. FARA is a law from 1938 that…

Hdeel Abdelhady - Economic Sanctions, Emerging Technologies Exports, CFIUS

Trade & Tech Event: American University Law Review Symposium

November 2, 2021

MassPoint Principal Hdeel Abdelhady will participate in the American University Law Review Federal Circuit Symposium, as a panelist on international trade and technology.

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.

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.

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.

Sanctions Compliance in a State of Flux: Trends and Guidance Amid Global Upheaval

April 30, 2020

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.

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…

Artificial Intelligence Panel Recommends Semiconductor Hardware Export Controls

January 14, 2020

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.

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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