China Global Trade and CFIUS Compliance Update

The U.S. government has been expanding national security-based restrictions in connection with technical, business and academic activities involving China, which is having far-reaching implications for a wide range of industry sectors as well as academia, startups and investors.

There has been a proliferation of Chinese parties subject to list-based sanctions, perhaps best exemplified by the addition of Huawei and others to the U.S. Entity List.

Proposed regulations to implement the May 2019 executive order on telecommunications supply chain security would establish a new regulatory process in which certain transactions would be subject to review, mitigation, and even the prohibition or unwinding of completed transactions, and would provide for significant penalties for failure to meet regulatory obligations. Rollbacks to allowances under the De Minimis and Foreign Direct Product Rules are expected to restrict claims that items and technology are not subject to U.S. export controls to largely target U.S. exports to China.

There will soon be new restrictions on "emerging and foundational" technologies, which will be controlled for export to China as mandated under the Export Control Reform Act. The recently-implemented final rule on transactions subject to mandatory review by the Committee on Foreign Investment in the U.S. (CFIUS) will provide for heightened scrutiny of Chinese investment in U.S. businesses involved in critical technology, critical infrastructure and sensitive personal data. Join us to learn about these developments and more, and how to best manage the increasing compliance risks associated with doing business in or with China.

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