U.S. Treasury weighs emergency powers to curb Chinese investments: official

Reuters  |  WASHINGTON 

By and Koh Qing

told an Forum that the efforts were being examined as part of the Trump administration's "Section 301" intellectual property remedies, which include China-specific investment restrictions.

Asked about reports the Treasury may bring forward parts of a bill to modernize security reviews by the in the and use the International Emergency Economic Powers Act, Tarbert said a special Treasury office devoted to the restrictions was considering such avenues.

"We have separate offices in Treasury which are considering those two issues distinctly," Tarbert said.

A Treasury office that manages CFIUS is separate from the office working on investment restrictions, he said.

The Treasury investment restrictions are aimed partly at pressuring to lift requirements for foreign companies to form joint ventures with local firms that lead to technology transfers, a policy the administration deems unfair when the has no such restrictions on Chinese firms.

In a major policy shift, said on Tuesday it would scrap a 50 percent limit on foreign ownership of autos by 2022.

Tarbert said the Treasury was committed to working with to pass the CFIUS legislation, known as the Foreign Investment Risk Review Modernization Act, or FIRRMA.

"We think CFIUS modernization is something that needs to be done via statute and should be done in a thoughtful way," he said.

A told it may be possible to accelerate parts of the CFIUS reform bill with an order to fill gaps until the legislation is passed by later this year.

BROAD POWERS USED AFTER 9/11

Invoking the 1977 emergency would give broad authority to impose tighter restrictions on Chinese investment in sensitive sectors, by declaring a national emergency related to such investments.

The law was widely used after the Sept. 11 attacks in 2001 to block the assets of militant organizations and other

The CFIUS reform legislation is a work in progress. Tarbert said one of its aims was to expand reviews of sensitive transactions that do not involve a full transfer of control, including offshore joint ventures that could compromise national security through

Some lawmakers have raised concerns that could lead to an overly broad definition of transactions and choke off routine business investments.

Another official, Clete Willems, said the legislation would achieve a "balanced approach" that would close loopholes in the current CFIUS law while maintaining an "open investment climate" in the

Tarbert said the legislation must not overlap with U.S. export controls aimed at prohibiting the export of restricted technologies, adding: "We also view export controls as the right measure to deal with tech transfer."

It was under the export control regime that the Commerce Department this week banned American companies from selling parts to Chinese for seven years, creating a new fissure in Sino-U.S. ties.

(Reporting by and Koh Qing; Editing by and Peter Cooney)

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

First Published: Fri, April 20 2018. 10:09 IST