Despite more scrutiny from the U.S., Chinese foreign direct investment in North America grew by almost half in 2020 compared to 2019, according to an April 19 Baker McKenzie report. But trade and investment experts cautioned industry about placing too much stock in those numbers, saying two-way U.S.-China investment remains “very low” and Chinese firms are still wary about gaining approval from the Committee on Foreign Investment in the U.S.
The Office of Foreign Assets Control fined an Oklahoma steel manufacturer about $435,000 for violating U.S. sanctions against Iran, OFAC said April 19. Alliance Steel committed 61 sanctions violation by maintaining a “business relationship” with an Iranian company for five years, OFAC said.
Congress should codify regulations from a November executive order that imposed investment bans on certain Chinese companies with ties to the military, said Matt Pottinger, a former deputy national security adviser during the Trump administration. He also said the U.S. should take a stricter stance on export licenses involving semiconductor shipments as China tries to become the world’s “only” supplier of advanced technologies.
The U.S. will likely continue to update the regulations for the Committee on Foreign Investment in the U.S., which has created some complications for industry, trade lawyers told the American Bar Association April 15. The recently revised regulations have also severely reduced incoming Chinese investments, which could have long-term implications, one lawyer said.
President Joe Biden signed a sweeping executive order authorizing new sanctions against Russia, allowing the U.S. to designate people and companies operating in Russia’s defense and technology sectors or involved in attempts to influence foreign elections. The order, announced April 15, also authorizes sanctions against a range of Russian government officials and their associates as well as people and companies involved in Russian corruption, actions to “undermine democratic processes,” and human rights violations and transactions designed to circumvent U.S. sanctions.
The U.S. should quickly pass a bipartisan bill that would increase U.S. investment in technology research and high-tech manufacturing, technology experts and academic leaders told the Senate April 14. Some lawmakers argued that the bill, which is partly aimed at boosting U.S. technology competition with China, should also include measures to better protect U.S. critical technologies from being stolen by the Chinese government.
The State Department’s Directorate of Defense Trade Controls issued new guidance and frequently asked questions for the increased export controls against Russia announced in March (see 2103170022). The April 12 guidance provides a summary of the changes to the International Traffic in Arms Regulations and answers common questions about impacts to export licenses, license reviews and which activities are caught by the restrictions.
The U.S. and China saw an uptick in trade restrictions during the first few months of 2021, and companies should expect more compliance challenges as they continue to contend with a variety of export controls and sanctions issues from both countries, law firms said.
President Joe Biden has yet to choose a leader for the Bureau of Industry and Security, leaving the agency without a clear direction as it considers competing visions for the direction of American technology policy. The rival factions seeking to influence Biden’s choice underscore how much of an outsized role the once relatively unknown agency will play in implementing the Commerce Department’s efforts to outpace China in emerging technologies and control what lawmakers say is an overdue set of critical technologies.
The Bureau of Industry and Security added Myanmar to its list of countries subject to military intelligence end-use and end-user (MIEU) controls, the agency said in a notice. It also made several technical corrections to the original MIEU rule, which was issued in January and took effect March 16 (see 2101140035). The interim final rule takes effect April 9.