The U.S. may run into challenges enforcing aspects of its new outbound investment restrictions on China, especially for intercompany transfers and investments, Sarah Bauerle Danzman, a former State Department official, said during a webinar hosted by the Center for a New American Security last week. She said investors will likely need more guidance on the issue whenever the Treasury Department releases regulations for the regime.

Lawmakers, business groups and think tanks gave a mixed bag of immediate feedback on the Biden administration’s executive order restricting outbound investments in China, with some applauding the government’s initial, cautious approach, and others expressing frustration that the restrictions don’t go far enough.

The Biden administration this week unveiled its plans for a new outbound investment screening regime, which will restrict investments in three advanced technology sectors in China and set notification requirements for other sensitive outbound investments. The new screening regime, outlined in an executive order signed Aug. 9 by President Joe Biden, will come into force after the Treasury Department writes regulations. The agency is soliciting public comments on how it should implement the program, set certain definitions, impose due diligence requirements and more as part of an advance notice of proposed rulemaking released along with the order.

The Census Bureau is moving forward with a new data element in the Automated Export System that shippers must report when exporting items classified under U.S. Munitions List Category XXI. The agency didn’t list any public comments objecting to the change that it proposed in May (see 2305020007), which Census said will help it collect more data on Category XXI exports and defense services that are “not otherwise enumerated” under other USML categories.

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CBP plans to form a “dedicated” outbound oversight office after the Office of Inspector General said the agency's existing infrastructure may be causing it to miss inspections of illegal exports.

The U.S. shouldn’t scrap its Science and Technology Agreement (STA) with China when it expires later this month, and should instead update the deal to better address areas for cooperation around critical technologies, former U.S. officials and technology policy experts said this week. But they also acknowledged that continuing the agreement could be challenging, particularly because of rising tensions between the two sides along with a congressional push to restrict more American technology from being shared with Beijing.

The U.S. needs to better protect agricultural technology from Chinese theft and push Beijing to reduce tariffs on U.S. crops, American farmers told lawmakers last week. Speaking during a panel in Iowa organized by the House Select Committee on China, at least one farmer said U.S. trade policy should focus more on securing free trade deals, which would help exporters become less reliant on China.

The Biden administration’s upcoming outbound investment screening rules should restrict both private and public investments, starting with “five to six priority sectors” but eventually expanding to more, said Rep. Mike Gallagher of Wisconsin, the top Republican on the House Select Committee on China. Gallagher said the rules should stop Americans from investing in Chinese entities connected to the country’s military, human rights abuses or “technological rise,” should require Chinese companies to meet the same due diligence standards as U.S. firms, and shouldn't be adjudicated through a case-by-case process, which would cause uncertainty for American investors.

The U.S. last week said it isn’t renewing a June general license that authorized certain transactions with two Myanmar banks. The State Department on Aug. 4 said it plans to let the license -- which covered U.S.-sanctioned Myanma Investment and Commercial Bank, Myanma Foreign Trade Bank and their subsidiaries -- expire Aug. 5 at 12:01 am. “We will pursue enforcement actions as appropriate,” the agency said.