Latest in Trade and Security

Trade and Security

The Legal Authority Behind Trump’s New Tariffs on Mexico

On May 30, the White House announced yet another new policy aimed at addressing the purported crisis of unlawful immigration across the U.S.-Mexico border. President Trump’s statement proposes a dramatic new strategy—putting tariffs on U.S. imports from Mexico unless and until Mexico takes steps to reduce illegal immigration into the United States:

China

The Technical Consequences of Trump’s Telecom Supply Chain Emergency

On May 15, President Trump once again declared a national emergency to invoke legal authority to make sweeping changes to U.S. policy, this time to secure the telecommunications supply chain. I’ve already made my views clear on Huawei’s suitability for U.S. markets and the need for a blanket ban on Chinese-sourced telecommunications equipment in U.S. infrastructure.

Trade and Security

The U.S.-China Trade War Is a Competition for Technological Leadership

The United States has significantly ratcheted up its trade war with China in recent weeks by firing two new shots. First, President Trump signed an executive order that is expected to restrict Chinese telecommunications companies Huawei and ZTE Corp. from selling their equipment and services in the United States.

SinoTech

SinoTech: U.S.-China Trade Talks Continue with an Emphasis on Tech

U.S. Treasury Secretary Steven Mnuchin and U.S. Trade Representative Robert Lighthizer concluded another round of trade talks with their Chinese counterparts last week in Beijing. Much of this round centered on how to handle key structural issues surrounding technology transfer and data storage.

SinoTech

SinoTech: U.S. and China Delay Bilateral Summit as Negotiators Work on Trade Deal

On March 14, Treasury Secretary Steve Mnuchin shared with reporters that the Trump-Xi summit, originally scheduled for late March, would be pushed back because American and Chinese trade negotiators are still working to address unspecified issues. The Wall Street Journal reported on March 19 that negotiators are hoping to finalize a deal by late April.

Sanctions

How Securities Law Can Help the U.S. Counter INSTEX

On Jan. 31, the governments of France, Germany and the United Kingdom formally announced the establishment of the Instrument in Support of Trade Exchanges (INSTEX), a Special Purpose Vehicle dedicated to facilitating trade between European economic actors and Iran. The creation of INSTEX by the three countries—known as the E3—followed months of negotiations in the wake of the United States’s 2018 exit from the Iran nuclear deal.

China

China’s Foreign Investment Law Fails to Address U.S. Concerns

Amid the ongoing U.S.-China trade talks, China has fast-tracked a piece of legislation that serves as its most immediate answer to U.S. concerns regarding Chinese state-directed economic policies and barriers to market access. The draft Foreign Investment Law intends to reform China’s foreign investment regime; its vague provisions, however, will have more far-reaching national security implications for the United States.

Huawei

Keeping Huawei Hardware Out of the U.S. Is Not Enough to Secure 5G

The Trump administration’s effort to protect the security of fifth-generation, or 5G, wireless networks by limiting the deployment of Chinese technology both domestically and globally melds trade policy with cybersecurity policy. On both counts, it should not be considered sufficient.

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