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ARTICLE · 02 JULY 2021

Recent Executive Actions Represent Latest Evolution Of U.S.-China Relations

Jones Day
Jones Day
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President Biden's Executive Orders on China underscore the need for experienced counsel in U.S.-China transactions as the two countries' relations continue to impact the regulatory landscape.

United StatesGovernment, Public Sector
Donald McGahn II
Donald McGahn II
Michael Gurdak
Michael Gurdak
Joelle Lau
Joelle Lau
Lindsey Nelson
Lindsey Nelson
Schuyler J. Schouten
Schuyler J. Schouten
D. Grayson Yeargin
D. Grayson Yeargin
Author LinkedIn connections

On June 9, 2021, President Biden issued an Executive Order ("Order") addressing threats to the United States by "connected software applications" owned or controlled by "foreign adversar[ies]," including China. While this Order rescinds two late-stage orders from the previous administration, it continues the trend of broad U.S. government use of national security authorities to regulate perceived technology-related threats, including outside the traditional defense sector.

The Order rescinds the Trump administration's strict ban on engaging in transactions with TikTok, WeChat, and other China-based apps. In its place, the Order requires the Department of Commerce to continuously evaluate the risk stemming from "transactions involving connected software applications," and, if appropriate, to ban the transactions under the Department's recent Information and Communications Technology and Services ("ICTS") rule, which allows the Department to prohibit ICTS

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