Although the Committee on Foreign Investment in the U.S. has increased scrutiny of Chinese investments in recent years, it still continues to clear a range of transactions involving China, said Antonia Tzinova, a CFIUS lawyer with Holland & Knight. Chinese investors are using several tactics to ensure their deals aren’t blocked, Tzinova said, and in some cases are restructuring their investment agreements.
The Biden administration's FY 2024 budget request includes funding to support a new outbound investment review “program” and more money for U.S. agencies to carry out export control and sanctions authorities.
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Senators have enough bipartisan support to add the USDA secretary to the Committee on Foreign Investment in the U.S. and expand CFIUS jurisdiction to cover a broader range of agriculture-related purchases, lawmakers said this week. Several said the committee isn’t doing enough to prevent Chinese government-affiliated companies from purchasing U.S. land and want to expand its reach, particularly after CFIUS determined last year that it didn’t have the jurisdiction to intervene in a Chinese purchase of land near a North Dakota Air Force base.
The Committee on Foreign Investment in the U.S. should look to review a licensing agreement between Ford and a Chinese battery manufacturer, Sen. Marco Rubio, R-Fla., said in a recent letter. Rubio said the agreement would allow Ford to establish a Michigan factory that would license its technology from China’s Contemporary Amperex Technology Co. Ltd. (CATL), which the senator said is the world's largest electric vehicle battery producer and has ties to the Chinese government.
The Committee on Foreign Investment in the U.S. will be especially active this year, BakerHostetler lawyers predicted in a webinar hosted by the law firm last week. Lawyer Scott Jansen said he believes “there's going to be actual CFIUS enforcement” despite the committee not issuing an enforcement penalty since 2019. “We believe that there is a great chance that there'll be serious penalties in 2023,” Jansen said, adding that he expects CFIUS to continue to prioritize China-related transactions.
The Committee on Foreign Investment in the U.S. should “swiftly” conclude its review of TikTok (see 2212210007) and impose “strict structural restrictions” between the app and its Chinese parent company ByteDance, two senators said in a letter to Treasury Secretary Janet Yellen last week. Sens. Richard Blumenthal, D-Conn., and Jerry Moran, R-Kan., said CFIUS should consider "separating" TikTok and ByteDance, adding that reports of the app’s collection of U.S. private data prove TikTok and ByteDance “cannot be trusted by CFIUS or its tens of millions of users in the United States.”
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.
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.
The U.S. Air Force last week said it disagreed with the Committee on Foreign Investment in the U.S. determination last year not to intervene in China-based Fufeng Group's purchase of North Dakota farm land (see 2212150035). Although CFIUS concluded it didn’t have jurisdiction, the deal presented “a significant threat to national security with both near- and long-term risks of significant impacts to our operations in the area,” Andrew Hunter, the Air Force’s assistant secretary for acquisition, technology and logistics, said in a letter to Sen. John Hoeven, R-N.D.