Joe Biden
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  • The Biden administration has finalized rules limiting U.S. investments in China's tech sectors, including AI, semiconductors, and quantum information technologies.
  • The rules, overseen by the Treasury's Office of Global Transactions, aim to prevent U.S. know-how from aiding China's military and cyber capabilities.
  • The restrictions echo Cold War-era controls, reflecting the growing U.S.-China rivalry in technology.
  • The implications of these rules on U.S. companies, investors, and the global tech industry are significant and complex.

The Biden administration has taken a significant step towards safeguarding national security by finalizing rules that will limit U.S. investments in artificial intelligence (AI) and other technology sectors in China.

The rules, proposed by the U.S. Treasury in June and directed by an executive order signed by President Joe Biden in August 2023, will cover three key sectors: semiconductors and microelectronics, quantum information technologies, and certain AI systems.

The new rules, effective from January 2, will be overseen by the Treasury's newly created Office of Global Transactions. The Treasury has stated that this narrow set of technologies is core to the next generation of military, cybersecurity, surveillance, and intelligence applications. The rule covers technologies like cutting-edge code-breaking computer systems or next-generation fighter jets, according to Paul Rosen, a senior Treasury official.

Protecting National Security and Technological Know-How

Rosen further emphasized that U.S. investments, including the intangible benefits like managerial assistance and access to investment and talent networks that often accompany such capital flows, must not be used to help countries of concern develop their military, intelligence, and cyber capabilities. This rule is part of a broader push to prevent U.S. know-how from aiding the Chinese in developing sophisticated technology and dominating global markets.

Commerce Secretary Gina Raimondo earlier this year stated that these rules were crucial to prevent China's development of military-related technologies. The new rules contain a carve-out allowing U.S. investment in publicly traded securities, but officials said the U.S. already has authorities under a previous executive order barring buying and selling of securities of certain designated Chinese companies.

Historical Precedents and Future Implications

The move to limit U.S. investments in China's tech sector is not without historical precedent. During the Cold War, the U.S. imposed similar restrictions on technology exports to the Soviet Union and its allies. These restrictions were aimed at preventing the Soviet Union from gaining access to advanced Western technology that could be used for military purposes.

The current restrictions on investments in China's tech sector can be seen as a modern-day version of these Cold War-era controls, reflecting the growing rivalry between the U.S. and China in the field of technology.

 The new rules will have far-reaching implications for U.S. companies and investors, as well as for the global tech industry. It remains to be seen how China will respond to these restrictions and what impact they will have on the broader U.S.-China relationship.