Akin Advisor Thomas Krueger Contributes to CNAS Response on Biden Outbound Investment EO
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Center for a New American Security has published “CNAS Responds: Outbound Investment Executive Order,” an opinion piece featuring a contribution from Akin international trade senior policy advisor Thomas Krueger.
The article was written in response to President Biden’s “Executive Order on Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern,” which outlined a ban on private equity and venture capital investments in certain Chinese tech companies.
In his comments, Thomas compares the Executive Order (EO) and the administration’s October 7 semiconductor export control regulations targeting China’s advanced semiconductor manufacturing, AI, supercomputing and quantum computing capabilities that could enable that country’s military capabilities.
He notes that, like the regulations, the EO “is targeted to restrict investments in advanced technology.” However, where the export control regulations target export, re-export and transfer of the items themselves, along with the activities of U.S. persons regarding advanced semiconductor manufacturing, he writes, the EO “sets the stage to fill that investment gap that Commerce authorities do not cover.”
Thomas notes what he characterizes as “a few notable differences in the scope of the technologies captured between the Outbound Investment E.O. and the October 7th rule.” Among them, he lists the difference in articulation of the national security rationale, no direct mention of human rights, and mention of quantum as a prohibition.
To read the full article, click here.
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