The Treasury Department has proposed a new rule aimed at tightening controls on U.S. investments in China, focusing on strategic sectors such as artificial intelligence (AI), computer chips, and quantum computing.
This initiative is part of President Biden’s broader efforts, initiated via an executive order in August 2023, to limit the access of what the U.S. government categorizes as “countries of concern” to advanced technologies. Specifically, China, Hong Kong, and Macau were identified due to concerns over potential military, surveillance, and cyber capabilities enhancements.
The Biden administration’s approach reflects a strategic stance against China’s technological advancements, particularly in sectors critical for military and economic dominance, such as electric vehicles (EVs).
This includes not only proposed investment restrictions but also tariffs on Chinese EVs, a move signaling robust competition over who can assert stronger policies toward China, a significant global rival.
The proposed rule delineates stringent requirements for U.S. citizens and permanent residents engaging in transactions within targeted technological fields in China.
It defines parameters for permissible investments and outlines violations, aiming to prevent funding of AI systems intended for military applications like weapons targeting and combat, among others.
Legal experts and industry figures have responded with mixed perspectives. J. Philip Ludvigson, a partner at King & Spalding and former Treasury official, notes that the clarity provided by the proposed rule is crucial for businesses and investors navigating compliance obligations and due diligence.
Meanwhile, Craig Allen, president of the U.S.-China Business Council, supports the administration’s goal of safeguarding national security while preserving robust economic exchanges with China, which he argues benefit American firms, workers, and the economy.
The Treasury Department is soliciting public feedback on the proposed rule until August 4, 2024, after which a final rule is expected to be issued.
Despite escalating tensions and security concerns between the U.S. and China in recent years, Biden administration officials, including Treasury Secretary Janet Yellen, have emphasized that their strategy does not seek complete economic decoupling from China.
Nevertheless, incidents such as the interception of a Chinese spy balloon by the U.S. military and the blocking of a Chinese-backed cryptocurrency firm near a strategic U.S. military site underscore the ongoing challenges and sensitivities in U.S.-China relations, particularly concerning national security.
