As global economic and geopolitical environments enter a new era, companies need to continuously develop and adjust their coherent global business strategies to secure and further expand business opportunities in all markets while minimizing political and legal risks by ensuring compliance. To assist you with that task, Mayer Brown’s US-China Trade Monthly provides news and insights related to the latest US developments impacting the US-China bilateral trade relationship. 

In this February 2024 issue, we will discuss: (1) USTR calling for additional steps to counter China’s efforts to dominate the electric vehicle (EV) supply chain; (2) the House Select Committee’s response to China introducing the BIOSECURE Act; and (3) the US Department of Commerce seeking comment on proposed CIP requirement and foreign access restrictions for US Infrastructure as a Service (IaaS) providers.

US Trade Representative Calls for Additional Steps to Counter China’s Efforts to Dominate the Electric Vehicle Supply Chain 

In a January 4th letter to the House Select Committee on the Chinese Communist Party, Ambassador Katherine Thai of the United States Trade Representative (“USTR”) responded to the Committee’s concerns regarding the practices of the People’s Republic of China (“PRC”) in the electric vehicle (EV) sector.   

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House Select Committee on the Chinese Communist Party Introduces the BIOSECURE Act

On January 25, 2024, Chairman of the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (the “Select Committee”), Mike Gallagher (R-WI-8), and Ranking Member of the Select Committee, Raja Krishnamoorthi (D-IL-8), introduced the bipartisan BIOSECURE Act, a bill to ensure foreign adversary biotech companies of US national security concern do not gain access to US taxpayer dollars. 

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Department of Commerce Seeks Comment on Proposed CIP Requirement and Foreign Access Restrictions for US Infrastructure as a Service (IaaS) Providers

On January 29, 2024, the US Department of Commerce’s Bureau of Industry and Security (the “Department”) issued a notice of proposed rulemaking seeking comment on a proposed regulation in response to the Executive Order (E.O.) 14110 of October 30, 2023, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” and E.O. 13984 of January 19, 2021, “Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities.” The proposed regulation would require providers of infrastructure as a service (IaaS) products to: (i) have a Customer Identification Program, similar to what banks and other financial institutions have had for many years (ii) authorizes the Department to prohibit or restrict IaaS transactions involving jurisdictions or persons engaged in malicious cyber activities involving US IaaS products, and (iii) to impose reporting requirements with respect to the use by foreign persons of cloud computing services for training large AI models.

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