Steptoe & Johnson LLP (LexBlog China)

112 results for Steptoe & Johnson LLP (LexBlog China)

  • U.S. Government Revises Export Controls Regarding Commercial Nuclear Commerce with China

    On August 11, 2023, the U.S. Nuclear Regulatory Commission (“NRC”) and the U.S. Department of Commerce, Bureau of Industry & Security (“BIS”) announced amendments to their existing regulations concerning exports of nuclear materials and related equipment destined for China and Macau. (BIS extends its export controls policies and regulations applicable to China to the territory...

  • Biden Administration Announces New Outbound Investment Regime Targeting China

    Overview On August 9, 2023, the White House issued a long-awaited Executive Order, entitled Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern (“EO 14105”). The EO establishes a new national security regulatory regime, implemented principally by the US Department of the Treasury (“Treasury”), in consultation with other federal...

  • BIS Extends Advanced Computing and Semiconductor Rules to Macau

    On January 17, 2023, the US Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule (the “January 17 rule”), expanding its recent China-focused export controls, related to advanced computing and semiconductors, to Macau.  These controls, initially imposed on China (including Hong Kong), were announced in an interim final rule on...

  • Episode 433: Location, Location, Location

    This episode of the Cyberlaw Podcast delves into the use of location technology in two big events – the surprisingly outspoken lockdown protests in China and the January 6 riot at the U.S. Capitol. Both were seen as big threats to the government, and both produced aggressive police responses that relied heavily on government access...

  • Episode 426: Chip Wars

    David Kris opens this episode of the Cyberlaw Podcast by laying out some of the massive disruption that the Biden Administration has kicked off in China’s semiconductor industry – and its Western suppliers. The reverberations of the administration’s new measures will be felt for years, and the Chinese government’s response, not to mention the ultimate...

  • BIS Issues Expansive New Rules Targeting China

    On October 7, 2022, in a move that was hailed by senior U.S. government officials as a paradigm shift in U.S. export controls policy toward China, the Department of Commerce’s Bureau of Industry and Security (BIS) issued an interim final rule that amends the Export Administration Regulations (EAR) to impose new and expanded controls on...

  • Episode 410: Game Play Trumps Chinese National Security

    If you’ve been worrying about how a leaky U.S. government can possibly compete with China’s combination of economic might and autocratic government, this episode of the Cyberlaw Podcast has a few scraps of good news. The funniest, supplied by Dave Aitel, is the tale of the Chinese gamer who was so upset at the online performance...

  • Understanding the Uyghur Forced Labor Prevention Act and What Comes Next

    On December 23, 2021, and following strong bipartisan support in Congress, President Biden signed the Uyghur Forced Labor Prevention Act (“UFLPA” or “Act”) into law.  P.L. 117-78 (2021).  The UFLPA builds on previous congressional and executive branch actions aimed at responding to allegations of forced labor and other human rights concerns in China’s Xinjiang Uyghur...

  • Episode 388: China Dive

    One of the good things about coming back from Christmas break are all the deep analyses that news outlets save up to publish over the holidays – especially those they can report from countries where celebrating Christmas isn’t that big a deal. At least that’s how I account for the flood of deep media dives on...

  • China’s First White Paper on Export Controls Summarizes Legal Developments, Opposes “Abuse” of Export Controls

    On December 29, 2021, the PRC State Council’s Information Office (the Information Office) published a white paper on export controls, providing a comprehensive picture of China’s current legal and regulatory regime for export controls and potential future changes in export control governance. The document is China’s first white paper on export controls and comes approximately...

  • Episode 385: International Tech Policy Week

    This week we celebrated International Tech Policy Week, which happens every year around this time, when the American policymakers, the American execs who follow them, and the U.S. journalists who report on them all go home to eat turkey with their families and leave tech policy to the rest of the world. Leading off a...

  • Episode 385: International Tech Policy Week

    This week we celebrated International Tech Policy Week, which happens every year around this time, when the American policymakers, the American execs who follow them, and the U.S. journalists who report on them all go home to eat turkey with their families and leave tech policy to the rest of the world. Leading off a...

  • Episode 379: LinkedIn, Slinkedout: Microsoft and China

    Fresh from his launch of the Alperovitch Institute for Cybersecurity Studies, Dmitri Alperovitch kicks off this episode with a hopeful take on the 31-nation videoconference devoted to combatting ransomware. He and Nate Jones both think a coordinated international effort could pay off. I challenge Dmitri to identify one new initiative that this group could enforce,...

  • Episode 376: AI Dystopia: Only the Elite Will Escape the Algorithm

    In this episode, we welcome Nick Weaver back for a special appearance thanks to the time-shifting powers of podcast software. He does a sack dance over cryptocurrency, flagging both China’s ban on cryptocurrency transactions and the U.S. Treasury’s sanctioning of the SUEX crypto exchange. Maury Shenk explains the plans that the Biden administration and the EU...

  • Episode 375: China, U.S. Tech Policy: “Let Thousand Hands Throw Sand in the Gears.”

    Jordan Schneider rejoins us after too long an absence to summarize the tech policy coming out of Beijing today: Any Chinese government agency with a beef against a tech company has carte blanche to at least try it out. From Didi and others being told to stop taking on subscribers to an end to Western IPOs,...

  • Episode 373: We Can’t Run a Twelfth-Century Regime Without WhatsApp!

    Back at last from hiatus, the podcast finds a host of hot issues to cover. Matthew Heiman walks us through all the ways that China and the US found to get in each other’s way on technology. China’s new data security and privacy laws take effect this fall, and in keeping with a longstanding theme...

  • China Builds Out Data Security Architecture With New Regulations on Cross Border Data Transfers

    In 2015, the People’s Republic of China (PRC) enacted the first part of its comprehensive data security regime with the promulgation of the State Security Law, which provided a statutory basis for the construction of a nationwide network and information security system.  The Cybersecurity Law (CSL), which followed in 2017, addressed cybersecurity protection and introduced...

  • Biden Administration Targets Xinjiang-based Solar Companies over Labor Allegations

    On June 24, 2021, US Customs and Border Protection (CBP) issued a Withhold Release Order (WRO) pursuant to 19 USC 1307 against Xinjiang, China-based Hoshine Silicon Industry Co. Ltd. and its subsidiaries (Hoshine). The WRO instructs CPB personnel to detain shipments of silica-based products produced by Hoshine and its subsidiaries, including “materials and goods (such...

  • China’s Anti-Foreign Sanctions Law: The Knowns and Unknowns

    China’s Anti-Foreign Sanctions Law (the “Law”), which was enacted and became effective on June 10, 2021, authorizes the Chinese government to develop an “anti-sanctions list” and to impose countermeasures on listed persons involved in “discriminatory restrictive measures.”  It also creates a private right of action for Chinese citizens and organizations to sue in a Chinese...

  • Biden Administration Revokes TikTok and WeChat Executive Orders, Revises Framework on Security Threats from Foreign Apps

    On June 9, 2021, the White House issued a new Executive Order (EO) that revokes three Executive Orders issued in 2020 and early 2021 that were aimed specifically at TikTok, WeChat, and eight other China-linked communications and financial technology software applications. In place of these EOs, the new EO, “Protecting Americans’ Sensitive Data from Foreign...

  • White House Issues Amended Executive Order on Chinese Military-Industrial Securities

    On June 3, 2021, the White House issued an Executive Order (EO) amending EO 13959 of November 12, 2020, which imposed restrictions on US persons transacting in publicly traded securities of companies identified by the US Department of Defense (DoD) as “Communist Chinese military companies” (CCMCs). The new EO, “Addressing the Threat from Securities Investments...

  • US Department of Energy Revokes Trump Prohibition Order Restricting Chinese Bulk-Power System Electric Equipment and Seeks Comments on Securing US Critical Electric Infrastructure

    On April 20, 2021, the US Department of Energy (“DOE”) revoked a December 2020 Prohibition Order issued by the Trump Administration which banned the acquisition, importation, transfer, or installation of certain bulk-power system (“BPS”) electric equipment manufactured or supplied by “persons owned by, controlled by, or subject to the jurisdiction or direction of the {People’s...

  • Judge Vyskocil: Online Seller of Knock-Off American Girl Products Cannot Be Sued in New York Because Of Apparent Policy Against U.S. Sales

    In an opinion Wednesday, Judge Vyskocil dismissed, on personal jurisdiction grounds, a trademark case against various websites selling counterfeit American Girl products from China. Judge Vyskocil found that American Girl could not meet its burden to show conduct directed at New York. The court was “unconvinced that a Defendant simply owning a website that is...

  • Episode 354: The Xi-Hawley Global Consensus on Tech Platforms

    Our news roundup for this episode is heavy on China and tech policy. And most of the news is bad for tech companies. Jordan Schneider tells us that China is telling certain agencies, not to purchase Teslas or allow them on the premises, for fear that Elon Musk’s famously intrusive record-keeping systems will give US agencies insight into Chinese...

  • Client Advisory: China’s New Blocking Rules May Impact US Sanctions and Export Control Compliance Strategies for Many

    The Chinese government has enacted new “blocking” rules to counteract extraterritorial application of certain foreign laws that it deems unjustifiable. On January 9, 2021, China’s Ministry of Commerce issued its No. 1 order of 2021— the Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures (the Blocking Rules). This Client Alert outlines...

  • Episode 344: China and the CIA: A Wilderness of Mirror Imaging

    In this episode, I interview Zach Dorfman about his excellent reports in Foreign Policy about US-China intelligence competition in the last decade. Zach is a well-regarded national security journalist, a Senior Staff Writer at the Aspen Institute’s Cyber and Technology program, and a Senior Fellow at the Carnegie Council for Ethics in International Affairs. We dive deep into his tale...

  • Hong Kong Removed as a Separate Destination from China Under the EAR

    In the latest shoe to drop in the escalation of tensions between the United States and China, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule on December 23, 2020, removing Hong Kong as a separate destination under the Export Administration Regulations (EAR). Rather than adding Hong Kong alongside the...

  • Client Advisory: Sanctions Under the Biden Administration: A Return to ‘Smart?’

    In this advisory, members of our Sanctions and Export Control team provide a preliminary assessment of the expected policy approach of President-elect Biden’s administration to major US sanctions programs, including China and Hong Kong, Russia, Iran, Cuba, Venezuela, Syria, North Korea, and Sudan sanctions programs. While specific steps to be taken will be revealed in...

  • Episode 338: Trump’s Multiple Re-Entry China Policy Vehicles

    https://www.steptoe.com/podcasts/TheCyberlawPodcast-338.mp3 Another week, another Trump administration initiative to hasten the decoupling from China. As with MIRV warheads, the theory seems to be that the next administration can’t shoot them all down.  Brian Egan lays out this week’s initiative, which lifts from obscurity a DoD list of Chinese military companies and excludes them from U.S....

  • 330: US-China Tech Divide – Where Will it End?

    Our news roundup is dominated by the seemingly endless ways that the US and China can find to quarrel over tech policy.  The Commerce Department’s plan to use an executive order to cut TikTok and WeChat out of the US market have now been enjoined. But the $50 Nick Weaver bet me that TikTok could...

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