ICAS Trade ‘n Tech Dispatch (online ISSN 2837-3863, print ISSN 2837-3855) is published about every two weeks throughout the year at 1919 M St NW, Suite 310, Washington, DC 20036.
The online version of ICAS Trade ‘n Tech Dispatch can be found at chinaus-icas.org/icas-trade-technology-program/tnt-dispatch/.
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“My message to every business in the world is very simple: Come make your product in America, and we will give you among the lowest taxes of any nation on Earth. We’re bringing them down very substantially, even from the original Trump tax cuts … Under the Trump administration, there will be no better place on Earth to create jobs, build factories, or grow a company than right here in the good old USA.” So said President Trump in his remarks to the Davos crowd three days after taking office. Thirty days later, the Trump administration released its America First Investment Policy. Trump’s words and the Trump administration’s actions could not be more diametrically opposite, at least insofar as Chinese investors are concerned. The America First Investment Policy order is not so much an invitation to foreigners to invest in America as much as it is a call to repulse practically all Chinese investments, except passive investments, from America. The order openly states that “investment at all costs is not always in the national interest … [particularly when it is directed by] certain foreign adversaries, including the People’s Republic of China …” The laundry list of proposed anti-China measures is long. They include: (1) expand on the Biden administration’s outbound investment restrictions vis-à-vis China to sweep-in additionally the biotechnology, hypersonics, aerospace, and directed energy sectors (over and above semiconductors, quantum, and AI); (2) build on Trump 1.0’s CFIUS/foreign inbound investment rules related to M&A transactions to additionally restrict Chinese inbound investment in the healthcare, agriculture, energy, and raw materials sectors; (3) expand CFIUS’ authority to also restrict Chinese “greenfield” investments (not just M&A transactions) as well as corporate expansions in advanced technology sectors, including AI; (4) restrict other China-linked inbound and outbound equity and portfolio flows, including private equity, venture capital, and investments in publicly traded securities from sources such as pension funds and university endowments; (5) utilize IEEPA’s (International Emergency Economic Powers Act) asset blocking authority to deter investments in China’s military-industrial sector. It is worth noting that while almost 800 Chinese parties were dumped into the Entity List during the 2018-23 period, instances of Chinese companies placed under IEEPA’s asset blocking authority were much rarer. They number in the 10s, not 100s; and (6) delist Chinese companies from U.S. exchanges that fail to abide by U.S. audit standards, as well as reexamine the variable interest entity (VIE) structure used by prominent Chinese companies that allows them to maintain a controlling interest, despite holding minority voting rights, and trade on U.S. exchanges. The 1984 U.S.-China Income Tax Convention is also under threat of suspension or cancellation.
All said, the America First Investment Policy order amounts to a significant ‘raising of the fence and widening of the yard’ whose unambiguous ultimate goal is to decouple the U.S. and Chinese economies. For those inclined to be swept-up in President Donald Trump’s ‘beautiful’ sentiments from time-to-time on China and Mr. Xi., the measure of the man should be his administration’s actions, not his words. Swallowing sweet talk from Mr. Trump and punitive actions from his administration does not seem to be a smart way to proceed.
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The Institute for China-America Studies is an independent nonprofit, nonpartisan research organization dedicated to strengthening the understanding of U.S.-China relations through expert analysis and practical policy solutions.
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