US semiconductor measures will hit China’s tech plans

Significance It has evolved from US complaints about Chinese intellectual property and technology transfer practices into a broad-spectrum effort to paralyse the further technological and commercial development of Chinese technology firms, and decouple the US and Chinese IT sectors. Its focus has expanded to include the semiconductor chip industry. Impacts Businesses throughout the semiconductor industry worldwide are becoming caught up in a geopolitical clash. The semiconductor trade shows how a once apolitical sector can quickly become politicised, much as medical equipment has been amid COVID-19. China will seek continued access to non-US foreign technologies through regulation of foreign firms within China. To succeed, China’s semiconductor development projects will need to reduce waste and coordinate their efforts better.

Subject Outlook for the global patent system. Significance Innovation and the diffusion of new technology contribute to GDP growth and consumer welfare. Intellectual property rights such as patents are designed to promote innovation by rewarding inventors with a right of exclusion that prevents others from making, selling or using their invention for a fixed period of time, unless they pay a licence fee. Patent registration is increasing rapidly both within advanced and emerging countries, as the latter learn about its value. However, there is a conflict between rewarding innovators with monopoly rights and promoting the diffusion of knowledge at low cost. As more products and techniques are protected by patents, there is concern that the system is inhibiting rather than promoting growth. Impacts The US patent system supports innovation, while the EU system is less clearly defined with unitary patent protection. Licensing will need to be easily obtained at reasonable prices with terms conducive to both technological and business model exploration. Governments and supranational authorities will need to ensure that patent pools can operate within sympathetic but fair antitrust regimes. Regulatory authorities will need to ensure that patent pools cannot become tools for collusive activity by leading technology firms. Firms will need to monitor constantly legislation and judgments relating to their industry in countries in which they operate.


Subject The politics of cyber security in China. Significance Since late April, state media have emphasised economic prosperity as the linchpin of internal security policy. This helps explain the suspension earlier in April of new cyber security rules that had elicited strong objections from leading technology corporations and the US, EU and Japanese governments. Impacts China has internal goals for regulation of the internet, but these will sometimes be subordinated to foreign policy. The Party's rigid, nationalistic propaganda line will complicate economic liberalisation at times. Legal reform will improve protection of foreign firms and intellectual property, even as business conditions deterioriate in other ways.


Subject Outlook for the US-India defence procurement relationship. Significance US President Donald Trump’s stated goal of disrupting offshore supply chains of US firms casts doubt over deals such as Lockheed Martin’s bid to manufacture 100 fighter jets in India. This compounds the many challenges India already faces in getting foreign defence contractors to invest and manufacture locally. Impacts This week’s leadership change at the defence ministry is unlikely to alter India’s defence policy. Modi will continue to encourage Indian private sector involvement in co-production contracts with foreign firms. Should Trump adopt a hard line on protectionism, suppliers open to co-production will gain a further edge in India.


Significance MCF aims to harness the inventiveness of the country’s private-sector technology firms to strengthen its military capabilities. It is partially based on the US military-industrial complex, but has come to encompass a much broader range of actors and activities. Impacts MCF will come at the cost of greater international tension and less research and scientific cooperation with the West. The already diverse range of actors and activities involved in MCF is likely to expand further. Firms in sectors with little obvious military relevance are potentially vulnerable to sanctions as a result of their involvement with MCF. China’s level of military technology will continue to converge with that of the West.


2017 ◽  
Vol 18 (1) ◽  
pp. 75-77
Author(s):  
James Burns ◽  
Kimberly Beattie Saunders

Purpose To explain a settlement involving a foreign financial institution, its non-US subsidiaries, and the US Securities and Exchange Commission (“SEC”) that reveals an SEC focus on policing the activities of foreign firms that reach into the United States and helps further define the scope of activities that require registration under the federal securities laws. Design/methodology/approach Provides insight into a recent area of focus for SEC regulators and introduces the potential regulatory implications for non-US firms with activities that reach into the United States. Findings Given the SEC’s current enforcement focus, it is critical that financial institutions take care to conduct their activities with an understanding of the regulatory requirements associated with the provision of brokerage and advisory services to US clients and customers – including, for many firms, registration as an investment adviser, broker-dealer, or both. Originality/value Practical regulatory guidance regarding SEC registration requirements that may reach non-US firms from experienced financial services lawyers specializing in asset management.


Subject The impact of the US Hong Kong Human Rights and Democracy Act. Significance President Donald Trump signed the Hong Kong Human Rights and Democracy Act (HKHRDA) of 2019 into law on November 27, just as anti-government protests in Hong Kong appeared to be losing momentum. The law, among other things, allows the US president to revoke Hong Kong’s status under US law as a territory separate from China for trade purposes. Impacts The HKHRDA will encourage the protesters and may keep the movement going for longer than it might have otherwise. The new annual ritual of affirming Hong Kong’s autonomous status could lead to serious domestic disagreements for future presidents. Under Trump, both governments will seek to keep issues surrounding Hong Kong separate from trade negotiations. Uncertainty over Hong Kong’s special status may have a negative impact on foreign firms’ investments in the city. China’s ban on port visits by US vessels will have minimal effect.


Significance Microsoft said WikiLeaks had been in contact with them about vulnerabilities disclosed when WikiLeaks published files on March 7, the first in a series called ‘Vault 7’. This leak has been rebuked by US national security officials, but further revelations could be forthcoming. Impacts Customers may be reluctant to buy products that have previously been associated with CIA spy tools and listening devices. The revelations will damage an already strained relationship between the US government and technology firms. Privacy concerns will hinder internet regulation liberalisation between the United States and other countries, particularly in the EU.


Significance The bills were introduced in late 2017 to update the 1938 Foreign Agents Registration Act (FARA). The changes come amid debates over alleged Russian influence in the 2016 US presidential election, and over foreign trade and protectionism. Impacts Critics will argue that the DFIA unfairly groups foreign industries with foreign political interests. Even the most incidental lobbyists’ or foreign representatives’ meetings with federal officials will need to be reported under FARA. Foreign firms will have to disclose whom their representatives have met in government circles, posing competition risks. A DFIA could support confidence in the US political system.


Subject Government intervention in foreign inward and outward investments and mergers. Significance The Trump administration is increasingly moving to control undesired foreign investments, as the March 12 presidential order blocking overseas-based Broadcom from merging with US-based Qualcomm showed. President Donald Trump was working on advice from the Committee on Foreign Investment in the United States (CFIUS). Since 1990, there have been only five cases where presidents have blocked mergers; two of these have been under Trump since his inauguration in January 2017. Impacts Foreign firms will face constraints on accessing US intellectual property and tech patents. Trump will impose new visa requirements for Chinese nationals working and studying in the United States. US vetoes of foreign investment and mergers could see other countries respond in the same way. The Broadcom-Qualcomm veto should help the US semiconductors industry maintain a global role in 5G technology. Foreign firms may sidestep the CFIUS by incorporating in the United States, as Broadcom hopes to do next month.


Subject Regulations for technology firms. Significance Following numerous high-profile public scandals involving ‘big tech’, policies worldwide are slowly shifting from a laissez-faire approach towards active regulation. Impacts Taken together, the regulatory tightening could dampen the profitability of major US tech firms. Public opinion is shifting towards regulation as various privacy and governance failures of technology platforms become apparent. New, untested regulation for uncertain harms can also be dangerous, with unintended side effects for freedom of expression and innovation. Serious action from the US Federal Trade Commission would limit the damage of European regulations for US firms on transatlantic ties. India is emerging as one of the most active regulatory jurisdictions for big tech among developing countries.


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