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ARTICLE · 07 NOVEMBER 2024

Biden Administration Finalizes Controls On U.S. Investment In China

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On October 28, the Biden Administration released its long-awaited final rule to restrict U.S. investment in China. This outbound investment regime, which is effective January 2, 2025...

United StatesInternational Law
Jason Chipman
Jason Chipman
Jeffrey I. Kessler
Jeffrey I. Kessler
Lauren Mandell
Lauren Mandell
Neena Shenai
Neena Shenai
Jake A. Laband
Jake A. Laband
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On October 28, the Biden Administration released its long-awaited final rule to restrict U.S. investment in China. This outbound investment regime, which is effective January 2, 2025, will impact all U.S. companies and citizens investing in Chinese businesses that develop artificial intelligence ("AI"), semiconductors and microelectronics, and quantum information technologies. This is a significant development in U.S. economic statecraft and financial regulation and opens the door to potentially more expansive outbound investment controls in the future.

The regime is intended to deter investment in Chinese technologies and products that pose an acute national security threat to the United States. Under the new regulations, U.S. investments in Chinese companies engaged in certain activities related to quantum computing, AI systems with certain military or mass-surveillance end uses or trained using certain computing thresholds, and certain semiconductor activities

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