Republican Sens. Marco Rubio of Florida and John Cornyn of Texas reintroduced a bill this week to expand U.S. foreign investment reviews to cover companies “working with genetic information.” The Genomics Expenditures and National Security Enhancement Act, originally introduced in 2021 (see 2105250022), would direct the Committee on Foreign Investment in the U.S. to “rewrite its regulations” to require mandatory filings for any foreign investments that involve genetic information. CFIUS would be required to consult with the Department of Health and Human Services on any deal that involves a “genetic data transaction,” and would be required to include the Senate’s Select Committee on Intelligence and the Foreign Relations Committee in its briefings.
Technology academics and industry officials this week cautioned Congress about potential U.S. export controls over quantum technologies and research, saying new restrictions without clear guidance could hamper U.S. competitiveness and innovation. But one current government official suggested the administration needs to be more “proactive” in protecting the most sensitive research from being stolen.
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The Committee on Foreign Investment in the U.S. is open to working with lawmakers on a bill that could block China, Russia, Iran and North Korea from investing in American land or agricultural companies, said Paul Rosen, the head of CFIUS. While Rosen didn’t explicitly endorse the Promoting Agriculture Safeguards and Security Act, suggesting that CFIUS would need more resources if its jurisdiction were broadened, he said the legislation raises valid concerns.
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The chair of the House Financial Services Committee is asking the Treasury Department for more information about potential outbound investment restrictions in China, including what types of investments in specific technologies would be targeted, whether the Biden administration plans to establish the regime through a national emergency and if the restrictions would be more effective than traditional trade restrictions. Rep. Patrick McHenry, R-N.C., is concerned outbound investment restrictions “would prove futile,” the lawmaker’s news release said, and would “further serve” China’s goal of “limiting the influence of Western firms in Chinese markets.”
New guidance from the Committee on Foreign Investment in the U.S. could significantly curtail the use of “springing rights” deals, leading to “substantial challenges” and delays of certain investments, law firms said this month. Other new CFIUS guidance puts companies “on notice” that the committee will demand information on limited partners involved in a transaction, despite any previously made confidentiality agreements.
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DOJ is helping to oversee more cases before the Committee on Foreign Investment in the U.S., particularly those involving sensitive U.S. personal data, said Matthew Olsen, the agency’s assistant attorney general for national security. He said DOJ is now “co-leading” with the Treasury Department about one-fourth of CFIUS reviews, “if not more,” a significant increase from previous years.
Both outbound and a new approach for the Committee for Foreign Investment in the U.S. drew attention at a recent hearing of the House Select Committee on the Chinese Communist Party, and the chairman of the committee suggested that limiting investment screening to active investors, such as venture capital firms, is not enough.