The Treasury Department is likely to release its draft outbound investment regulations in the next several months, setting them up to potentially take effect before year's end, said foreign investment lawyer Jonathan Gafni of Linklaters.
The U.S. and other governments have so far placed export controls only on advanced semiconductors because they may believe restrictions on a broader, more mature set of chips won’t be effective, experts said this week.
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The top Democrat on the House Select Committee on China said he believes Congress will be able to overcome its internal disagreements to pass legislation restricting outbound investment in China.
Technology companies, trade groups, think tanks and researchers urged the government to be cautious as it evaluates its semiconductor-related export controls and prepares new ones, warning that misguided restrictions could cede American technology leadership to China, hurt the competitiveness of U.S. companies and raise the complexity of an already fraught compliance landscape.
As the U.S. pursues new export controls on emerging technologies destined to China, it’s also focusing heavily on updating existing controls to close loopholes and keep pace with technological changes, National Security Adviser Jake Sullivan said this week.
The U.S. may need to take stronger export control actions to stifle Chinese progress in artificial intelligence, including broader semiconductor-related restrictions, a U.S. congressional commission heard this week. But the commission was also warned about the dangers of overly broad controls on more emerging technologies, such as quantum, which experts said could hurt instead of help U.S. competition with China.
The Commerce Department is reportedly investigating whether autonomous-trucking company TuSimple violated U.S. export controls.
The U.S. and the EU held the fifth meeting of the U.S.-EU Trade and Technology Council in Washington on Jan. 30, where the two sides again committed to increasing trade and cooperating on economic security and emerging technology issues, according to a European Commission readout of the meeting. The commission said the EU and the U.S. agreed to “explore ways to facilitate trade in goods and technologies that are vital for the green transition” and strengthen approaches to investment screening, export controls, outbound investment and “dual-use innovation.”
The Bureau of Industry and Security is seeing fewer unintended impacts from its most recent October 2023 chip controls compared with the initial set of rules released in 2022, a BIS official said this week. The official also said BIS is working to identify certain companies, including potentially Chinese chip making facilities, that are restricted from receiving sensitive U.S. chip manufacturing equipment, which could help exporters more easily do due diligence on their customers and supply chain partners.