The White House has issued an Executive Order on Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China, expanding on the existing ban on investing in certain Chinese companies. This Executive Order addresses the use of Chinese surveillance technology in facilitating human rights abuses and repression around the world. The US will have the power to prohibit US persons investing in Chinese companies that may be seen to…
On November 13, 2020, the Trump Administration issued Executive Order 13959, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies” (the “China Securities EO”), which aims to prevent US investors from financing the development of the People’s Republic of China’s military, intelligence, and security capabilities by prohibiting purchases of securities of certain “Communist Chinese military companies.” This development builds on US Government concerns over China’s civil/military fusion and access to US capital…
As of October 15, 2020, the critical technology mandatory filing requirement under the regulations of the Committee on Foreign Investment in the United States (“CFIUS”) closely tracks US export licensing requirements. This development in the foreign investment space aligns with the US government’s initiative to promote innovation and the protection of US technologies for national security purposes, as set out in the National Strategy for Critical and Emerging Technologies, released on October 15. Filings with…