The Commerce Department is trying to find a way to screen outbound investments in a way that protects domestic commercial interests but limits collateral damage to businesses with interests outside the U.S., said Marisa Lago, the agency’s undersecretary for international trade. Lago’s comments came one day after Samm Sacks, an expert on U.S.-China technology policy issues, said the Biden administration hasn’t yet released an executive order to create an outbound investment screening regime because of discussions surrounding implementation challenges.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
Customs brokers and forwarders commended an effort by CBP to modernize the export process for used self-propelled vehicles exports (USPVs), but said a range of questions “remain unanswered” about how the new pilot will work in practice. They also said CBP can make several improvements to the pilot, including by allowing filers to submit electronic export documents before a vehicle is delivered to the port of export.
The U.K. and New Zealand have met certain investment screening requirements and will remain eligible for the Treasury Department’s excepted foreign state and excepted real estate foreign state provisions, the agency said last week. The determination adds both countries to the list of foreign nations that benefit from certain exemptions under the Committee on Foreign Investment in the U.S. review process.
The State Department can’t track how many voluntary disclosures it receives involving export violations related to defense services because of “limitations” in its IT system and data collection efforts, the Government Accountability Office said in a report last week. GAO said this may be preventing the agency from evaluating trends or risks related to illegal exports.
The Bureau of Industry and Security added six Chinese entities to the Entity List last week because of their ties to China’s “High Altitude Balloons'' intelligence and reconnaissance activities. BIS said the aerospace and technology entities support China’s military modernization efforts, particularly the People's Liberation Army’s aerospace programs, including “airships and balloons and related materials and components.” The move came days after the U.S. shot down a Chinese surveillance balloon in U.S. airspace.
The U.S. is making “good progress” on aligning export controls over sensitive technologies with allies, Deputy Secretary of State Wendy Sherman said this week, adding that almost all the administration's recent discussions with trading partners have involved China technology issues. She also said the agency is working to counter a growing oil partnership between China and Iran, but said preventing China’s purchases has proven challenging.
Senators are working closely with the Biden administration, and believe they have its support, on a bill that could strengthen the ability of the U.S. to respond to economic coercion by foreign countries (see 2302080068). The bill, reintroduced this week by Sens. Todd Young, R-Ind., and Chris Coons, D-Del., could allow the president to lower duties on non-import-sensitive goods made by a country that lost exports due to coercive actions; increase duties on imports from the "foreign adversary" committing the coercion; and allow the U.S. to more easily facilitate trade with the coerced parties.
Several former U.S. officials urged lawmakers this week to improve U.S. investment controls, including former National Security Council official Peter Harrell, who said Congress should further bolster the Committee on Foreign Investment in the U.S. to better restrict Chinese investments. Harrell said Congress should address limits on the ability of CFIUS to “review certain high-risk greenfield investments” by Chinese companies. “It's time to look, and for this committee to look, at continuing weaknesses in the CFIUS regime,” Harrell said during a Feb. 7 House Financial Services Committee hearing.
Congress should “pressure” the Biden administration to pursue free trade deals with the U.K., Kenya, Taiwan and others if it wants to convince U.S. allies to move supply chains out of China, said Clete Willems, a former National Security Council official. Willems, speaking during a House Financial Services Committee hearing this week, also called on the administration to join and renegotiate the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, arguing the U.S. needs to match China’s “aggressive pursuit” of trade deals, specifically mentioning the Regional Comprehensive Economic Partnership.
The U.S. and its allies should establish a new multilateral export control system to prevent sensitive technologies from being sent to dangerous end-users, including those in China, said Rich Ashooh, a former senior U.S. export control official. Ashooh applauded American efforts so far and said it shouldn’t abandon the existing multilateral control regimes, but he said a more formal system is needed.