Policy Briefs

Congressional China hawks have called for U.S. Department of Defense to immediately place Contemporary Amperex Technology Limited (CATL) on the Section 1260H List, which provides transparency on Chinese military companies operating in the United States. Chairman John Moolenaar (R-MI) of the House Select Committee on the Chinese Communist Party and Sen. Marco Rubio (R-FL) sent a letter to Defense Secretary Lloyd Austin urging the move, stating "By including CATL on the Section 1260H List, the DoD would not only safeguard America’s military infrastructure from exposure to the PLA, it would also send a powerful signal to U.S. companies who are currently weighing partnerships with CATL.”

The U.S. Agency for International Development (USAID) is considering updating its sanctions-related provisions and contract clauses for assistance and acquisition awards. A primary factor under review is whether to expand reporting requirements to enhance USAID's monitoring of recipients' and contractors' activities involving sanctioned jurisdictions or sanctioned individuals and entities subject to the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

The Commerce Department Friday announced its list of critical sectors and key goods for potential cooperation under the IPEF Supply Chain Agreement to strengthen supply chain resiliency.  Under the IPEF Supply Chain Agreement, each Party committed to developing a list of “critical sectors” and “key goods” for cooperation under the Agreement, to be shared through the Council. These lists are intended to be iterative and change as needed over time.

House lawmakers are raising questions about US biopharmaceutical companies that are conducting clinical trials with China’s People’s Liberation Army and in the Xinjiang region where Beijing is accused of mistreating members of the Uyghur community.  Chinese biopharmaceutical companies, with their ability  to harness China’s large population of patients to conduct time- and cost-efficient clinical trials play a vital role in the global pharmaceutical industry. The lawmakers want the Food and Drug Administration to provide information about these practices.

Vice President Kamala Harris may now be the Democratic nominee for President, but the party platform approved by Democrats at their convention in Chicago still reflects the positions of President Biden, including on trade and international economic policy. During her tenure as vice president, trade policy has not been a key part of Ms. Harris’ portfolio. In recent remarks since becoming the presumptive nominee, she has sharply criticized former President Trump’s across-the-board tariffs proposal, calling it a tax on US consumers and indicated that she will hold to the Biden Administration’s vision of a “worker-centric” trade policy.

The State Department announced Thursday that the United States, United Kingdom and Australia have removed barriers to defense trade as part of their trilateral partnership. State advised Congress that the Australia and United Kingdom export control systems are comparable to those of the United States and have implemented a reciprocal export exemption for US entities.

In an In Focus report on regulation of US outbound investment in China released yesterday, CRS notes that Congressional approaches to a US outbound investment regime differ with regard to relevant countries, sectors and activity to be covered.

The US Development Finance Corporation is funding projects that benefit countries whose intellectual property and data policies harm US commercial interests and jobs, according to a new report from the Information Technology and Innovation Foundation.

New legislation aimed at boosting US steel production proposes imposing tariffs on imports of carbon-intensive steel. Introduced in Johnstown, PA by California Rep. Ro Khanna, the Modern Steel Act, introduced by a group of House Democrats, would offer funding and incentives for the construction of new facilities producing near-zero emissions iron and/or steel, using cutting edge technologies like hydrogen direct reduction.

The leaders of the House Select Committee on China are calling on the Commerce Department to investigate the threat posed by Chinese wi-fi routers made by TP-Link Technologies. The company is subject to draconian national security laws in China and can be forced to hand over sensitive US information by Chinese intelligence officials, committee chairman John Moolenaar (R-Mich) and ranking Democrat Raja Krishnamoorthi (Ill) wrote in a letter to Commerce Secretary Gina Raimondo.

The Treasury-let interagency  Committeee on Foreign Investment in the U.S. (CFIUS) rolled out a revised website, aimed at providing increased transparency and information about enforcement actions. Included in the rollout was disclosure of a record fine related to the telecoms merger between German T-Mobile and Japanese-controlled Sprint.

In an about-face that peeved China hawks, the Department of Defense is reported to be striking automotive sensor maker Hesai from the "Chinese Military Companies" blacklist.   Reporting by The Financial Times cites a May lawsuit by the company challenging the designation that government lawyers concluded they could not win.    The February listing would have prevented the U.S. military and its contractors from using Hesai light detecting and ranging (LiDAR), beginning in 2026. LiDAR is a critical technology used in autonomous systems, like self-driving cars and automated manufacturing equipment.

Over 300 state lawmakers are calling on the Administration to remove investor-state dispute settlement for all US trade and investment agreements. In a letter to President Biden and US Trade Representative Katherine Tai, the state representatives called ISDS “a secretive arbitration system that allows foreign corporations to challenge state laws, local land use ordinances, and even court decisions that impact their vaguely defined investor rights.”

Senate Finance Committee Chairman Ron Wyden (D-Ore) has introduced much-anticipated bipartisan legislation to tighten imports requirements for low-value packages in order to close the so- called de minimis loophole. The bill would prohibit the use of the $800 de minimis threshold to import certain types of goods, including goods that are import-sensitive or subject to additional trade remedies.

OFAC designated Paraguayan tobacco company Tabacalera del Este S.A. (Tabesa) August 6,2024,  for providing financial support to Paraguay’s former president, Horacio Manuel Cartes Jara (Cartes), who OFAC sanctioned on January 26, 2023 for his involvement in corruption. OFAC previously identified Tabesa on OFAC’s Specially Designated Nationals and Blocked Persons (SDN) List as an entity in which Cartes owned, directly or indirectly, a 50 percent or greater interest.

This study documents that U.S. imposed export controls to deny China access to strategic technologies prompted a broad-based decoupling of U.S. and Chinese supply chains. As a result of these disruptions, affected suppliers have negative abnormal stock returns, wiping out $130 billion in market capitalization, and experience a drop in bank lending, profitability, and employment.

 A bipartisan group of colleagues filed an amicus brief in TikTok, et al. v. Garland. The brief defends the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act, which addresses the national security threat posed by Chinese ownership of TikTok, against TikTok's legal challenges that claim the bill is unconstitutional.

The Chairs of the House Foreign Affairs Committee and the Senate Foreign Relations Committee joined their counterparts from fifteen European parliments issuing a historic joint statement on Venezuela’s disputed presidential election.

House Select Committee on China Chairman John Moolenaar (R-Mich) and ranking Democrat Raja Krishnamoorthi (Ill) unveiled bipartisan legislation yesterday to boost US semiconductor research and development in order to compete against China’s attempt to dominate the industry. The Semiconductor Technology Advancement and Research Act would create an investment tax credit for semiconductor design expenditures.

Sen. Marco Rubio (R-Fla) is proposing legislation to prevent countries like China, Russia and Iran from using alternate financial systems to evade US sanctions. The Sanctions Evasion Prevention and Mitigation Act would ensure US adversaries face economic consequences for their anti-democratic actions, ranging from committing human rights abuses to promoting terrorism, according to the senator.

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