Dave Hanke’s Post

Last Friday, the U.S. Government announced sweeping changes to export control rules for dual-use technologies -- with huge implications for the #semiconductor sector, particularly on #China transactions. The ArentFox Schiff export control team unpacks it all and provides context for it in this outstanding write-up. #foundationaltechnologies #decoupling #manufacturing #supercomputing #highperformancecomputing #nationalsecurity

An Executive Order released on September 12 underscores the current Administration’s interest in promoting #biotechnology, #biomanufacturing, and the #bioeconomy and presents opportunities for #AgTech innovators and developers. Learn more about E.O. 14081 in this alert from my colleagues Cissy Jackson, Karen Carr, and Stanley Abramson.

Enjoyed chatting the other day with Suzanne Smalley from CyberScoop for her excellent story on the likely forthcoming E.O. on the screening of “outbound” transactions involving U.S. investment and Chinese technology. Key excerpts: ---------------------- “Enormous amounts of taxpayer dollars are going to provide support for semiconductors, electric vehicles and batteries and a range of emerging technologies,” said David Hanke, a former Senate national security staffer and an expert on foreign investment rules who has had informal conversations with Biden administration officials working on the potential executive order. Hanke said the administration’s goals for the executive order include maintaining, and in some cases restoring, an edge over China in these technologies and eliminating problematic supply chain dependencies such as the American reliance on China and Taiwan for chips. “There is growing concern within the U.S. government that private U.S. investment into Chinese companies in certain technology areas could undercut those efforts,” Hanke said. ----------------------- #outbound #nationalsecurity #China #supplychain #semiconductors #ai #quantum #biotech #electricvehicles #batterytech #decoupling #foreigninvestment #venturecapital #CFIUS

Concerns on Capitol Hill about U.S. companies’ and investors' “outbound” activities with Chinese entities – including tech transfer, capital flows, and the offshoring of U.S. #manufacturing – have been brewing for over 5 years. They are getting renewed legislative attention, as our latest alert explains. #decoupling #emergingtech #China #supplychains #CFIUS #exportcontrols #IP #semiconductors #venturecapital #privateequity #smartcapital

Enjoyed speaking at the 8th National Conference on CFIUS earlier this week. Thanks to the American Conference Institute for inviting me back. Flanked by my outstanding co-panelists - Ian Beckett, Anne Salladin, and Ambassador Miriam Sapiro - we delved into CFIUS's list of elite U.S. allies, its legislative and regulatory origins, and how it is being used by both #CFIUS and transaction parties. #FIRRMA #nationalsecurity #foreigninvestment #China #supplychains #emergingtechnologies #sensitivedata #criticalinfrastructure

Was great to chat recently with Cat Zakrzewski of The Washington Post for her fascinating story on #CFIUS and Russian investments in US tech companies. ----------------------------------- “You might say Congress put CFIUS on steroids,” said David R. Hanke, a lawyer at Arent Fox Schiff who previously served as a congressional staffer focused on CFIUS reform. … “I’m quite confident that, as part of the administration’s crackdown on Russia economically, CFIUS has been told to look hard at any Russian deals on their radar screen, and look harder for deals that they might not yet be aware of,” Hanke said. ----------------------------------- #nationalsecurity #emergingtechnologies #Russia #Ukraine #investmentscreening #FIRRMA

Each year, the U.S. #IntelligenceCommunity provides Congress with an Annual Threat Assessment, and the 2022 report was recently released. This report provides a unique window each year into the basis for high-level US #nationalsecurity policy, as well as decisionmaking by regulatory bodies such as #CFIUS, #BIS, and #OFAC. My colleague John Gurtunca and I unpack its key conclusions in this new client alert. #exportcontrols #sanctions #investmentscreening #China #Russia #emergingtechnologies #strategictechnologies #semiconductors #globalhealthsecurity #supplychains

Was a real pleasure to speak this morning at this year's excellent #ChinaBusinessConference, hosted by the U.S. Chamber of Commerce and the American Chamber of Commerce in China (AmCham China). Our panel of private sector, think tank, and US Gov't experts examined the issue of ongoing flows of U.S. technology and capital into #China, as well as critical #supplychains and offshoring, and the potential screening of those transactions as proposed by Senators Cornyn and Casey in their bipartisan #NCCDA legislation. Tricky issues for both the U.S and our allies/partners, but they are not going away anytime soon. Stay tuned this spring/summer as Congress works to reconcile and finalize the China/competitiveness legislation (which already contains this proposal). #USICA #AmericaCOMPETESAct #CHIPSAct #decoupling #CFIUS #exportcontrols #emergingtech

Top-notch analysis from colleagues on the ArentFox Schiff #nationalsecurity team of the mounting #sanctions against #Russia as a result of its unprovoked military onslaught against democratic #Ukraine. Clearly a more aggressive reaction than Putin bargained for, and the policy response from the Free World continues to evolve. This piece follows up on two other helpful client alerts that are worth reading: https://lnkd.in/drWzXCkN https://lnkd.in/dHACvk2e #OFAC #economicsanctions