US Finalizes Rules to Curb AI Investments in China, Citing National Security Concerns

23 Sources

The Biden administration has finalized rules to limit US investments in AI and other advanced technologies in China, aiming to protect national security. The regulations, effective January 2, 2024, target key sectors including AI systems, semiconductors, and quantum technologies.

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US Finalizes Investment Restrictions on Chinese AI and Tech Sectors

The Biden administration has announced the finalization of rules aimed at limiting U.S. investments in artificial intelligence (AI) and other advanced technology sectors in China. These regulations, set to take effect on January 2, 2024, are part of a broader strategy to safeguard U.S. national security interests 1.

Key Sectors Targeted

The new rules, proposed by the U.S. Treasury in June and directed by an executive order signed by President Joe Biden in August 2023, focus on three critical areas:

  1. Semiconductors and microelectronics
  2. Quantum information technologies
  3. Certain AI systems

These technologies are described as "core to the next generation of military, cybersecurity, surveillance, and intelligence applications" by the Treasury 2.

Scope and Implementation

The regulations will be overseen by the newly created Office of Global Transactions within the Treasury Department. Paul Rosen, a senior Treasury official, elaborated that the rules cover technologies such as "cutting-edge code-breaking computer systems or next-generation fighter jets" 3.

Rationale and Objectives

The primary objective of these rules is to prevent U.S. investments, including intangible benefits like managerial assistance and access to investment and talent networks, from aiding countries of concern in developing their military, intelligence, and cyber capabilities 4.

Commerce Secretary Gina Raimondo emphasized earlier this year that these regulations are crucial in preventing China from developing military-related technologies 5.

Exceptions and Existing Measures

While the new rules include a carve-out allowing U.S. investment in publicly traded securities, officials noted that existing authorities under previous executive orders already bar the buying and selling of securities of certain designated Chinese companies 1.

Broader Context and Criticism

These regulations are part of a larger effort to prevent U.S. technological expertise from assisting China in developing sophisticated technologies and dominating global markets. The House select committee on China has previously criticized major American index providers for directing billions of dollars from U.S. investors into stocks of Chinese companies believed to be facilitating the development of China's military 2.

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