Affichage des articles dont le libellé est U.S. technology. Afficher tous les articles
Affichage des articles dont le libellé est U.S. technology. Afficher tous les articles

vendredi 24 mai 2019

Trade War

President Trump planning more restrictions on tech exports to China
By ADAM BEHSUDI


The Trump administration is taking steps toward issuing even more restrictions on exports of high-tech goods to China as the U.S. ratchets up its trade war with Beijing, according to two people familiar with the plans.
The Commerce Department will soon recommend rolling back regulations making it easier for U.S. companies to export certain goods that have both civilian and military purposes, the people said. Commerce will also recommend ending a general policy of approving export licenses for that group of goods if they go to civilian use and instead require reviews on a case-by-case basis.
The expected moves would make it harder for China to acquire U.S. technology. 
They come on top of actions President Donald Trump has taken since U.S.-China trade talks ground to a halt earlier this month, such as raising tariffs on $200 billion in Chinese goods. 
His administration also put Chinese telecommunications giant Huawei on a trade blacklist and is considering similar actions against other Chinese tech companies.
How President Trump is willing to use these actions as leverage could become clearer next month when he may meet with Chinese dictator Xi Jinping in late June on the sidelines of the G20 summit in Japan, though no formal plans have been set.
“It seems to me we’re still turning up the pressure to try to get a deal,” said Scott Kennedy, a senior adviser and China expert at the Center for Strategic and International Studies.
Commerce is drafting the recommendations as part of a review required by an export-control law recently passed by Congress. 
A Commerce spokesperson said the department is finalizing the review, which has a May 10 deadline, but declined to confirm specific actions the administration is weighing.
Commerce is considering at least four regulatory actions targeting China under the Export Control Reform Act, said the two people, who declined to be identified because of the sensitive nature of the deliberations.
Two of those options would involve revoking two license exceptions U.S. companies can get for shipping restricted technology to China. 
U.S. firms can avoid an export license requirement to China if they can prove the good is bound for civilian end-use or if a U.S.-origin good is approved for re-export to China from an allied third country.
Another option would be expanding a prohibition on any U.S. goods bound for military use in China on par with restrictions now applied to Russia and Venezuela.
Finally, Commerce could look at changing its general policy of approving export licenses for goods bound for civilian uses.
One of the people close to the deliberations said the actions appear to be “a direct response to the civilian-military fusion that is happening in China.”
The U.S. already maintains relatively tight restrictions on exports to China of technology and goods that have both civilian and military uses. 
Tough U.S. export controls aimed at China have long riled Beijing and Chinese officials have raised objection to mounting restrictions with previous administrations.
The additional restrictions would add to the recent Commerce Department decision to blacklist Huawei, forcing most of the company’s U.S. suppliers to obtain a special license for export transactions. 
Commerce has a general policy of denying license applications for blacklisted companies.
The Commerce Department is also considering similar action against a number of other Chinese companies, including Hikvision and Dahua Technology, which manufacture sophisticated video surveillance technology, according to the two people familiar with the plans.
Those companies have been implicated in human rights abuses as a result of the monitoring and mass detention of members of the Muslim Uighur group in China’s East Turkestan colony.
Any final actions related to the surveillance companies are complicated by the scope of a broader proposed package of sanctions the administration is considering. 
Officials are looking at using a law that would allow the U.S. to ban Chinese government and business officials accused of human rights abuses in the region from entering the U.S. or holding assets in America, said a lobbyist familiar with the matter.
“There is broad disagreement over both timing and which tools to use here,” the lobbyist said. 
“In any case, this will really piss off Beijing.”
The Trump administration had held back on several actions — including punishing China for its activities in East Turkestan as well as Huawei’s blacklisting — in the hopes that a deal could be reached with Xi to draw down trade tension. 
But talks fell apart earlier this month amid accusations from U.S. officials that Beijing had backtracked on commitments to codify under domestic law obligations to address intellectual property theft and forced technology transfers.
“China’s backtracking in a massive way at the eleventh hour from four months of shuttle diplomacy has fed a view in the administration that there is no reason to hold back from these types of actions,” said one person close to the internal deliberations.

mardi 22 mai 2018

How China acquires the crown jewels of U.S. technology

The U.S. fails to police foreign deals for next-generation software that powers the military and American economic strength.
By CORY BENNETT and BRYAN BENDER

The U.S. government was well aware of China’s aggressive strategy of leveraging private investors to buy up the latest American technology when, early last year, a company called Avatar Integrated Systems showed up at a bankruptcy court in Delaware hoping to buy the California chip-designer ATop Tech.
ATop’s product was potentially groundbreaking — an automated designer capable of making microchips that could power anything from smartphones to high-tech weapons systems.
It’s the type of product that a U.S. government report had recently cited as “critical to defense systems and U.S. military strength.”
And the source of the money behind the buyer, Avatar, was an eye-opener: Its board chairman and sole officer was a Chinese steel magnate whose Hong Kong-based company was a major shareholder.
Despite those factors, the transaction went through without an assessment by the U.S. government committee that is charged with reviewing acquisitions of sensitive technology by foreign interests.
In fact, a six-month POLITICO investigation found that the Committee on Foreign Investment in the United States, the main vehicle for protecting American technology from foreign governments, rarely polices the various new avenues Chinese nationals use to secure access to American technology, such as bankruptcy courts or the foreign venture capital firms that bankroll U.S. tech startups.
The committee, known by its acronym CFIUS, isn’t required to review any deals, relying instead on outsiders or other government agencies to raise questions about the appropriateness of a proposed merger, acquisition or investment. 
And even if it had a more formal mandate, the committee lacks the resources to deal with increasingly complex cases, which revolve around lines of code and reams of personal data more than physical infrastructure.
“I knew what was critical in 1958 — tanks, airplanes, avionics. Now, truthfully, everything is information. The world is about information, not about things,” said Paul Rosenzweig, who worked with CFIUS while at the Department of Homeland Security during President George W. Bush’s second term. 
And that means everything is critical infrastructure. That, in some sense, means CFIUS really should be managing all global trade.”
As a senior official at the Treasury Department, which oversees CFIUS, put it: Any time we see a company that has lots of data on Americans — health care, personal financial data — that’s a vulnerability.”
When CFIUS was formed, in the 1970s, the companies safeguarding important technology were so large that any takeover attempt by foreigners would be certain to attract attention. 
Now, much of the cutting-edge technology in the United States is in the hands of much smaller firms, including Silicon Valley startups that are hungry for cash from investors.
The gap in oversight became a more urgent problem in 2015, when China unveiled its “Made in China 2025” strategy of working with private investors to buy overseas tech firms. 
A year earlier, Chinese investments in U.S. tech startups had totaled $2.3 billion, according to the economic research firm CB Insights. 
Such investments immediately skyrocketed to $9.9 billion in 2015. 
These amounts dipped the following year, as the Obama administration voided a high-profile deal, but analysts say China’s appetite to buy U.S. firms and technology is still strong. 
In 2017, there were 165 Chinese-backed deals closed with American startups, only 12 percent less than the 2015 peak.
Yet the failure to investigate some forms of Chinese investments in American technology has flown under the radar as Donald Trump goes tit for tat with Beijing, imposing tariffs meant to punish China for unfair trade practices. 
Critics noted on Monday that Trump's tentative agreement to drop his tariff threat in exchange for Chinese pledges to purchase billions of dollars more in American goods avoided any mention of the outdated foreign-investment policies that have alarmed lawmakers across the political spectrum.
On the Senate floor Monday, Minority Leader Chuck Schumer (D-N.Y.) lashed out at Trump's approach.
"China’s trade negotiators must be laughing themselves all the way back to Beijing," he said. "They’re playing us for fools — temporary purchase of some goods, while China continues to steal our family jewels, the things that have made America great: the intellectual property, the know-how in the highest end industries. It makes no sense."
National security specialists insist that such a stealth transfer of technology through China’s investment practices in the United States is a far more serious problem than the tariff dispute — and a problem hiding in plain sight. 
A recent Pentagon report bluntly declared: “The U.S. does not have a comprehensive policy or the tools to address this massive technology transfer to China.” 
It went on to warn that Beijing’s acquisition of top-notch American technology is enabling a “strategic competitor to access the crown jewels of U.S. innovation.”
Some congressional leaders concur. Senate Majority Whip John Cornyn (R-Texas) regularly warns his colleagues that China is using private-sector investments to pilfer American technology. China has “weaponized” its investments in America “in order to vacuum up U.S. industrial capabilities from American companies,” Cornyn said at a January hearing
The goal, he added, is “to turn our own technology and know-how against us in an effort to erase our national security advantage.”
Legislation to expand the CFIUS budget and staff has been moving slowly through the halls of Congress amid pushback from Silicon Valley entrepreneurs and business groups. 
The legislation would give CFIUS new resources to scrutinize bankruptcy purchases and establish stricter scrutiny of start-up investments.
As months passed without any action, and the issue of Chinese investments got overshadowed by tariff fights and feuds between Beijing and the Trump administration, national security experts grew more concerned, fearing that Congress lacked a sense of urgency to police transfers of sensitive technology.

AIRING CONCERNS: China has “weaponized” its investments in America “in order to vacuum up U.S. industrial capabilities from American companies,” Senate Majority Whip John Cornyn (R-Texas) said at a January hearing. At right, Heath Tarbert, the Treasury Department assistant secretary overseeing CFIUS, testified in January that allowing foreign countries to invest in U.S. technology without making sufficient background checks “will have a real cost in American lives in any conflict.”

The White House began exploring what more it could do on its own, asking the Treasury Department in late March to offer a list of potential Chinese investment restrictions within 60 days.
Finally, earlier this month, Senate and House leaders announced plans to mark up the bill, starting a process that could lead to passage later this year.
Still, the failure to act more quickly may itself be jeopardizing national security. 
At a hearing in January, Heath Tarbert, the Treasury Department assistant secretary overseeing CFIUS, testified that allowing foreign countries to invest in U.S. technology without making sufficient background checks “will have a real cost in American lives in any conflict.”
“That is simply unacceptable,” he said.

‘Made in China 2025’

Last October, Chinese dictator Xi Jinping took the podium before 2,300 Communist Party delegates to deliver his expansive vision for China’s future.
Xi was speaking at the party’s 19th Congress, a summit held every five years to choose the nation’s leaders in the Great Hall of the People in Beijing, the expansive theater right off Tiananmen Square. Speaking in front of a giant gold hammer and sickle framed by bright red drapes, Xi held forth for 3½ hours, declaring that China would look outward to solve its problems.

Chinese dictator Xi Jinping (bottom center) addresses senior members of the government at the opening session of the 19th Communist Party Congress in Beijing on Oct. 18, 2017. 
“We will deepen reform of the investment and financing systems, and enable investment to play a crucial role in improving the supply structure.”
China watchers said Xi was alluding to the government’s relatively new economic plan, dubbed “Made in China 2025,” which leaders had unveiled in 2015. 
The detailed vision shifted the focus on domestic research investments to the need to pump money into — and better understand — foreign markets.
“We will,” the document proclaimed, “guide enterprises to integrate into local culture.”
“We will,” the document continued, “support enterprises to perform mergers, equity investment and venture capital investment overseas.”
At the top of the investment wish list were high-tech industries like artificial intelligence, robotics and space travel.
For the increasingly powerful Chinese leader, it was the culmination of years of efforts to guide how China spends its blossoming wealth. 
In addition to luring foreign companies to China, Xi wanted the country — which is sitting on several trillion dollars in foreign exchange reserves — to start investing abroad.
The plan had “much more money behind it” and “much more coordination” between Beijing and Chinese industrialists than previous economic strategies, according to Scott Kennedy, an expert on Chinese economic policy at the Center for Strategic and International Studies, a Washington think tank that specializes in defense matters.
“And a big component of that is acquiring technology abroad,” he said.
From 2015 to 2017, Chinese venture capitalists pumped money into hot companies like Uber and Airbnb, but also dozens of burgeoning firms with little or no name recognition. 
The country didn’t just want “trophy assets,” Kennedy explained. 
China’s leaders wanted to “fill in some of the gaps they have” in China’s tech economy.
While the Asian power has piled up profits from its large manufacturing plants that churn out low-cost products, the Beijing government realized it would face declining productivity unless its economy, from agriculture to manufacturing, adopted high-tech methods. 
Essentially, China wanted to automate entire industries — including car manufacturing, food production and electronics — and bring the whole process in-house.

In October 2017, visitors look at a display of satellite technologies at an exhibition in Beijing highlighting China’s achievements under five years of Xi Jinping’s leadership. U.S. officials have a name for their frustration with Beijing’s technology ambitions: “Made in China 2025.” Issued in 2015, it calls for China to develop its own global competitors in fields from information technology to electric cars to pharmaceuticals. 

So Beijing’s leaders encouraged the country’s cash-rich investors to search for “emerging companies that have technologies that may be extremely important … but aren’t proven,” Kennedy said. 
The initiative has spawned investments in American startups that work on robotics, energy equipment and next-generation IT. 
Of particular concern to U.S. national security officials is the semiconductor industry, which makes the microchips that provide the “guts” of many advance technologies that China is seeking to leverage.
“A concerted push by China to reshape the market in its favor, using industrial policies backed by over one hundred billion dollars in government-directed funds, threatens the competitiveness of U.S. industry and the national and global benefits it brings,” declared a January 2017 report from the President's Council of Advisors on Science and Technology, warning of the urgent threat to U.S. superiority in semiconductor technology.
Notably, many of China’s investments didn’t register on the CFIUS radar. 
They involved the early-seed funding of tech firms in Silicon Valley and low-profile purchases such as the one in Delaware bankruptcy court. 
They included joint ventures with microchip manufacturers, and the research and development centers created with international partners.
“They have diversified to look for smaller targets,” Kennedy said. 
“Those things typically do not generate a CFIUS reaction. That is part of it.”

An obscure research body

CFIUS was set up by Congress in 1975 amid growing concerns about oil-rich countries in the Middle East buying up American companies, from energy firms to armsmakers. 
Chaired by the Treasury Department, the committee brought together representatives from all the major Cabinet agencies to assess the financial, technological and national security threats posed by such investments. 
For its first decade, however, CFIUS existed mostly as an obscure research body. 
From 1975 to 1980, the committee met only 10 times, according to congressional reports.
Japan’s economic ascendance in the 1980s changed that. 
The Defense Department asked CFIUS to step in and investigate potential Japanese purchases of a U.S. steel producer and a company that made ball bearings for the military. 
In 1988, Congress gave the committee the authority to recommend that the president nix a deal altogether. 
Still, the committee remained mostly an ad hoc operation into the 1990s.
“Bureaucratically it was not a very smooth, functioning operation,” recalled Steve Grundman, who worked as part of the committee during the Clinton administration. 
“We had to pick up some intelligence here, some technology assessment there, some industrial analysis hither.”
After the Sept. 11, 2001, terrorist attacks, Congress renewed its interest in CFIUS, passing legislation that instructed the committee to consider a deal’s effect on “homeland security” and “critical industries,” a notable change, according to Rosenzweig, the DHS official who worked with CFIUS during the George W. Bush administration. 
The directive gave the committee a mandate to keep an eye on a wider array of industries, such as hospitals and banks, that DHS considered “critical” to keeping American society operating.
Rosenzweig called it a “singular shift.” 
Over time, he said, the committee went from reviewing acquisitions of steel companies — involving just two parties and a tangible product — to investigating technically complex purchases of microchip companies and other software or data-rich firms.
“When I first came to CFIUS, the filings from the other side would be a few-page letter about why this was a good deal,” Rosenzweig said. 
“Now it’s a stack of books that’s up to my knee.”
The committee’s staffing and resources have not kept pace with the growing workload, multiple people who work with CFIUS told POLITICO. 
While the Treasury Department has been hiring staffers and contractors to help handle the record workload, the committee’s overall resources are subject to the whims of the individual agencies involved in the process, said Stephen Heifetz, who oversaw the CFIUS work at DHS during the second Bush administration.

A Chinese company’s plan to acquire the American money transfer company MoneyGram fell apart when the two sides realized they would likely not get CFIUS approval because of concerns that the personal data of millions of Americans – including military personnel – could fall into the hands of the Chinese military. 

There is no single budget or staffing figure for CFIUS. 
Instead, each agency decides the level of personnel and funding it’s willing to commit to the committee. 
The Treasury Department and DHS have two of the larger CFIUS teams, Heifetz said. 
During his tenure, Heifetz’s DHS squad included roughly 10 people, split equally between government workers and outside contractors.
“Each agency decides more or less on their own how they’re going to staff it,” Heifetz said.
At Treasury, there are now between 20 and 30 people working for CFIUS, according to a senior department official. 
But even with the expanded team, the committee is stretched precariously thin. 
The official described 80-hour workweeks, regular weekend work and no ability to take time off.
“It’s enough to handle the current mandate, but not comfortably,” the official said.
Amid this uncertainty over resources, CFIUS investigations into foreign acquisitions nearly tripled from 2009 to 2015. 
The most common foreign investor that hits the CFIUS radar is now China. 
Nearly 20 percent of the committee’s reviews from 2013 to 2015, the most recent data available, involved the Asian power, easily ahead of second-place Canada at just under 13 percent.
Since 2015, the Treasury official said, those trends have only continued: Chinese deals now represent a large plurality of the committee’s work.
The attention appears to be well-founded. 
In recent years, China has been repeatedly accused of industrial espionage — using indirect means to obtain American software and military secrets, everything from the code that powers wind turbines to the designs that produce the Pentagon’s modern F-35 fighter jets. 
And several Chinese businessmen have pleaded guilty to participating in complex conspiracies to get their hands on sensitive technical data from U.S. firms and shuttle it back to Beijing. 
Again and again, high-tech products and military equipment have popped up in China that bear a too-striking resemblance to their American counterparts.
Spurred by these incidents, CFIUS has successfully advised the president to nix Chinese deals at a record clip. 
In December 2016, President Barack Obama stopped a Chinese investment fund from acquiring the U.S. subsidiary of a German semiconductor manufacturer — only the third time a president had taken such a step at that point. 
In September 2017, Trump halted a China-backed investor from buying the American semiconductor maker Lattice, citing national security concerns.
Three months later, a Chinese company’s plan to acquire the American money transfer company MoneyGram fell apart when the two sides realized they would likely not get CFIUS approval because of concerns that the personal data of millions of Americans — including military personnel — could fall into the hands of the Chinese military.
Weeks after that, the committee essentially jettisoned a Chinese state-backed group’s attempt to buy Xcerra, a Massachusetts-based tech company that makes equipment to test computer chips and circuit boards. 
Then, in March, Trump blocked the purchase of the chipmaker Qualcomm by Singapore-based Broadcom Ltd. 
CFIUS said such a move could weaken Qualcomm, and thereby the United States, as it vies with foreign rivals such as China’s Huawei Technologies to develop the next generation of wireless technology known as 5G.

NOT DOING ENOUGH? “You can buy a [partial] interest in a company and gain access to the same type of technology,” Attorney General Jeff Sessions told Congress in October. Defense Secretary Jim Mattis echoed those concerns last summer, warning that America is failing to restrict foreign investments in certain types of critical industries. 

To national security leaders, though, CFIUS is still only scratching the surface of China’s ambitions to acquire U.S. technology, noting that traditional sale-and-purchase agreements to obtain a U.S. company aren’t the only ways to gain access to cutting-edge technology.
“You can buy a [partial] interest in a company and gain access to the same type of technology,” Attorney General Jeff Sessions told Congress in October, adding that Justice Department investigators “are really worried about our loss of technology” in instances where Chinese investors buy small stakes in American tech companies.
The U.S. military has raised similar concerns. 
Defense Secretary Jim Mattis warned last summer that America is failing to restrict foreign investments in certain types of critical industries, testifying during another hearing that CFIUS is “outdated” and “needs to be updated to deal with today’s situation.”

A mysterious takeover
The case that occurred last summer in an obscure courtroom in Delaware seemed innocuous enough: one relatively small tech firm buying out a bankrupt competitor, a transaction that elicited about as much drama as mailing a letter.
The bankrupt semiconductor maker ATop Tech had only 86 employees when it was declared insolvent. 
But it had a more than a $1 billion market share of the electronic-design automation and integrated circuits markets, the company told the bankruptcy court, giving it potential value to any player seeking to enter the highly specialized semiconductor industry.
Avatar Integrated Systems, the company seeking to purchase ATop, was apparently such a player. 
But it was not well known to others in the semiconductor industry, and its precise ownership was a bit of a mystery. 
The sole director listed on its incorporation papers was a Hong Kong-based businessman named Jingyuan Han, and it issued shares to King Mark International Limited, a Hong Kong company in which Han was an investor. 
Avatar was set up in March 2017, according to the company.
The transaction went ahead despite concerns raised to the court by other players in the semiconductor industry, as well as those of a former senior Pentagon official who specifically suggested the Chinese government may be backing Avatar.
The former Pentagon official, Joseph Benkert, was enlisted by another American semiconductor company, Synopsys, to help recoup money it was owed by ATop. 
He warned the court that the deal might have national security risks.
CFIUS has identified businesses engaged in design and production of semiconductors as presenting possible national security vulnerabilities because they may be useful in defending, or seeking to impair, U.S. national security, as semiconductor design or production may have both commercial or military applications,” Benkert, the former assistant secretary of defense for global affairs under the second Bush administration, wrote to the court.
Benkert argued that the question of Avatar’s ownership needed more review given that the company appeared to be “under the control of Han, a Chinese national.”
“In my opinion,” Benkert wrote, “the proposed transaction is likely to receive thorough CFIUS scrutiny and there is a material risk that it will not receive CFIUS approval.”

Joseph Benkert, the former assistant secretary of defense for global affairs under the George W. Bush administration, argued that the question of Avatar’s ownership needed more review given that the company appeared to be under the control of a Chinese national. 

But despite those concerns, the deal to buy ATop Tech was not given a formal review by CFIUS, according to a senior administration official with direct knowledge of the process. 
A Treasury Department official, speaking on behalf of CFIUS, declined to comment on the merger.
An Avatar official, reached at the company office in Santa Clara, California, did not respond to questions or a request for an interview with Han. 
The company did not respond to multiple requests to discuss its relationship — if any — with the Chinese government or the details of its business.
Han, who has been described in media reports as one of China’s wealthiest men, has spent his career almost entirely in the iron and steel industries. 
Avatar’s scant history seemed to suggest that it was created for the sole purpose of acquiring an established American semiconductor firm like ATop Tech, according to several former national security officials who still work on CFIUS cases.
Attempts to reach Han through China Oriental Group, the iron and steel company that he runs, were also unsuccessful.
Officials familiar with the CFIUS process say that bankruptcy deals such as the Atop-Avatar case sometimes fall off their radar because of difficulty in discerning whether Chinese investors are working with the government. 
In other bankruptcy cases, Chinese investment in a potential buyer may not be visible in official filings, especially when a web of holding companies is involved. 
Thus, say current and former officials working with CFIUS, a significant amount of detective work is necessary to discern both the identity and the intentions of the investors.
Traditionally, courts have defined control of a company as “the ability to direct management to make certain decisions.” 
But a former Treasury Department official said CFIUS needs to focus on “beneficial ownership,” defined as having the ability to obtain technology from the firm, rather than overall decision-making power.
“It is very hard to find beneficial ownership,” said the official. 
“Our concern is the capacity of the system to deal with these.”
The bills pending in Congress to strengthen the CFIUS review process include provisions designed to make scrutiny of bankruptcy cases easier. 
The bills would require CFIUS to “prescribe regulations to clarify that the term ‘covered transaction’ includes any transaction ... that arises pursuant to a bankruptcy proceeding or other form of default on debt.”
A sharper focus on bankruptcy cases, particularly in making sure CFIUS scrutinizes investors to ties to foreign governments, is desperately needed, said a former Pentagon official who is still involved in CFIUS cases. 
“How do they find out about it now? They are reading The Wall Street Journal late at night,” the official said. 
“It is not a very systematic process.”
The former official also recalled that in the past, the Pentagon has hired an outside contractor to scour around for unreported transactions that might raise some national security flags, such as in the semiconductor or aerospace sectors. 
Such checks need to be performed in a more systematic way.
“There is no process for surfacing information out of the bankruptcy courts,” the official said.

China goes to Silicon Valley
In Silicon Valley, Chinese investment isn’t typically viewed as a threat, but rather more of a blessing.
Chris Nicholson, co-founder of Skymind, an artificial intelligence company that makes the type of cutting-edge software that both the United States and China covet, recalls the many long months he spent in 2014 trudging up and down Sand Hill Road, the heart of Silicon Valley’s leading venture capital firms, and all the doors that slammed shut.
“That was a long, dry year for us,” he told POLITICO.
Nicholson hadn’t sought Chinese money. 
But then Tencent, China’s internet and telecommunications giant and now one of the world’s largest companies, approached the firm, offering $200,000 in seed funding. 
The Chinese monetary infusion buoyed Skymind, which soon landed a coveted spot in Y Combinator, the powerful startup accelerator. 
American investors, who had only months earlier eschewed the firm’s overtures, quickly changed their tune. 
Chinese investment soon beget American investment.
“It was that crucial piece of Chinese capital that allowed us to survive,” Nicholson said. 
“That’s all it took. Now we’re a company with 35 employees.”
Reflecting a common feeling among his cohorts in Silicon Valley startups, Nicholson insisted that working with Chinese investors does not mean granting Beijing officials access to the coding process. “My American co-founder and I are in control,” Nicholson said, noting that Skymind has given up none of the rights to its intellectual property and has made its code “open sourced,” which means the code is freely available for cybersecurity experts to inspect, audit and offer suggestions.
But Bryan Ware, CEO of Haystax Technology, which works with law enforcement, defense and intelligence clients on securing their technologies, cast some doubt on the idea that the owners of tech startups would naturally refuse to share details of their technology with their investors: “If you’ve got a Chinese investor and that’s the lifeblood that’s going to allow you to get your product out the door, or allow you to hire your next developer, telling them, ‘No, you can’t do that,’ or, ‘No you shouldn’t do that,’ while you have no other alternatives for financing — that’s just the nature of the dilemma.”
“Every investment comes with a risk of some loss of intellectual property or foreign influence and control,” Ware said.
And too many Silicon Valley deals exist in a “netherworld” between passive investment and absolute takeover, “where there’s access to information, technical information, [and] there is the ability to influence and potentially coerce management,” according to the senior Treasury Department official.
One major concern among specialists like Ware is that Beijing officials could use early Chinese investments in next-generation technology to map the software the federal government and even the Defense Department may one day use — and corrupt it in ways that would give China a window into sensitive U.S. information.
A POLITICO review of 185 tech startups with Chinese investors found just over 5 percent had received government contracts, loans or grants ranging from a few thousand dollars to several million dollars. 
Often, the contracts simply involved research — renewable energy for the Energy Department, electronics and communications equipment for the Pentagon, space technology for NASA. 
Others ordered lab equipment for the Commerce Department, or machine tools for the military.
“There’s a tremendous amount of intelligence value there,” Ware said. 
“All governments desire to know what other governments are doing. And knowing the technologies and how they work I think is a big part of that.”
While there’s no indication that the firms had U.S. government contracts at the time that Chinese investors became involved, that may be part of China’s strategy. 
Derek Scissors, who manages the American Enterprise Institute’s China Global Investment Tracker, an exhaustive database of China’s major global investments, said that as welcome as the surge of Chinese-funded deals may be in Silicon Valley, the engine behind them is the Chinese government
China’s Silicon Valley investment strategy “was shaped by the state and that shaping has gotten tighter,” he said.
Still, many Chinese investments in the United States are not directly backed by the Beijing government, but it can be hard to distinguish.
Prominent Chinese VC firms in Silicon Valley have clear links to the Chinese government. 
Westlake Ventures, for example, received funding from the government in the coastal Chinese city of Hangzhou, according to media reports and a Pentagon research paper
And Westlake has put money into other VC funds, such as the WI Harper Group, which has a stake in a wide slate of American tech companies, from a dating app to a three-dimensional imaging company to a maker of robot cooks. 
Westlake did not respond to a request for comment.
But it’s not always easy to trace the money back to a single source, let alone determine what connection that source has to Beijing’s Communist leadership. 
Haiyin Capital, a Beijing-based VC firm, is partially backed by a state-run Chinese company, according to a company release
Also complex is ZGC Capital Corporation — located in Silicon Valley and focused on providing startups with basic business help — is a subsidiary of a state-owned enterprise funded by the Beijing government, according to the organizations’ websites. 
Attempts to reach each organization were unsuccessful.
Security and economics experts say they are unsure how much financial or national security harm these Chinese investments are actually causing the United States — simply because it may not be clear for years exactly how important the technology may be.

Enter Congress
In Washington, Silicon Valley’s warning has been heard loudly enough to delay the passage of a bill to strengthen the CFIUS process, despite the support of such bipartisan figures as Cornyn, the second-ranking Senate Republican, and California’s own Democratic Sen. Dianne Feinstein, the ranking member of the Senate Judiciary Committee.
Last year, after a cascade of warnings from the Defense Department, Justice Department and other powerful sources, both the House and Senate seemed ready to take action to strengthen oversight of foreign investment in technology companies.
The bipartisan proposal would direct CFIUS to consider whether pending investments would erode America’s technological edge, enable a foreign government to utilize digital spying powers that might be used against the United States, or give sensitive data — even indirectly — to a foreign government. 
Similarly, it would expand the definition of “critical industries” — a reference to sectors like banking, defense or energy — to include “critical technologies,” a significant expansion of the committee’s current mandate.
Under the bill, CFIUS would have to create a system to monitor transactions that aren’t voluntarily brought to the committee’s attention.
The measure would also centralize some of the committee’s functions and allow the committee to charge filing fees up to 1 percent of the total value of the transaction up to $300,000, and let Treasury offer a single CFIUS budget request rather than relying on contributions from other departments.
The Trump administration offered a full-throated endorsement of the bill in January, saying it “would strengthen our ability to protect national security and enhance confidence in our longstanding open investment policy.”
And while the bill doesn’t explicitly cite China, the provisions are clearly aimed at limiting its access to the most sensitive areas.
Any Chinese-related company that is part of our supply chain is a concern to me,” Rep. Robert Pittenger (R-N.C.), a lead House sponsor of the bill, told POLITICO.
Pittenger insisted that Congress’ inaction is allowing China to brazenly pilfer the technology that drives America’s military might, and sell that technology to adversaries like Iran and North Korea. 
He noted that a Treasury official told him getting the bill signed is the department’s No. 1 legislative priority for 2018.
“We can’t turn a blind eye to this,” Pittenger said.
In 2016, foreign investors injected $373 billion into the United States, a figure that has been mostly increasing since the early 2000s, according to government data. 
Lengthening the CFIUS review time — currently 30 days, but set to extend to 45 days under the new bill — could damage the “brittle process” of early-stage fundraising, said Nicholson, who encouraged lawmakers to focus on expanding CFIUS powers in other areas, such as bankruptcy courts.
Some industry groups have suggested that the bill should delineate these technologies — robotics or artificial intelligence, for instance — to avoid having every deal scrutinized from top to bottom.
“We would be well served to define those issues from the outset,” said Dean Garfield, CEO of the Information Technology Industry Council, a trade group representing industry heavyweights such as Amazon, Apple, Facebook, Google, Microsoft and Twitter. 
Garfield said getting the bill revised is a top-five issue for ITI in 2018.
He cautioned that the bill, as written, could spike the number of annual CFIUS reviews from “a few hundred deals” to “a few thousand.”
Proponents, however, feel that specifying specific technologies might be impossible. 
The software powering the country — from waterways to missile systems — is constantly changing and evolving, they say. 
Instead, they suggest, new CFIUS funds and a streamlined reporting process would help keep the growing stream of deal reviews moving.
“For the price of a single B-21 bomber, we can fund an updated CFIUS process and protect our key capabilities for several years,” Cornyn said at a hearing. 
“That is a down payment on long-term national security.”
Nonetheless, lawmakers have been working to address industry complaints, making tweaks to the legislation. 
And just last week, lawmakers made a breakthrough, agreeing to slightly narrow the bill’s scope, raising the chances the measure will make it to the president’s desk.
The House and Senate are scheduled to mark up their respective CFIUS bills on Tuesday, and lawmakers now are angling to attach the legislation to the annual, must-pass defense authorization bill as a way to guarantee it gets through. 
But lingering disputes could still derail the process.
National security leaders and lawmakers warn that these squabbles, while reflecting sincerely held positions, are simply delaying necessary action. 
At that January hearing, Cornyn described a changing reality if CFIUS is left in its current iteration.
“Just imagine if China’s military was stronger, faster and more lethal,” Cornyn said.
“That is what the future likely holds,” he added, “unless we act.”

vendredi 29 septembre 2017

"China is our number one adversary with respect to economic espionage." -- William Evanina

Top U.S. Spymaster Warns American Firms About Deals With China
By Sara Forden and David McLaughlin

The top U.S. counterintelligence official said American firms need to be cognizant of the national security risks that could arise from selling to Chinese buyers or entering into joint ventures with them.
William Evanina, the Director of the National Counterintelligence and Security Center, said it’s understandable that executives and owners of American companies want to do the most lucrative deals, but they don’t always understand the potential risks to national security.
Evanina’s comments come as the Trump administration and lawmakers in Washington move to toughen the framework for reviewing acquisitions by Chinese investors.
"China is our number one adversary with respect to economic espionage," Evanina said in an interview at Bloomberg in Washington Thursday. 
"Their ability to steal proprietary information and trade secrets is proficient and it’s aggressive."
Evanina’s comments show the extent of concern within the U.S. intelligence community about China’s push to acquire U.S. technology
A slew of proposed deals by Chinese investors have struggled to gain approval from a secretive panel that reviews takeovers by foreign buyers for national security threats.
Among the deals under review by the Committee on Foreign Investment in the U.S. are MoneyGram International Inc.’s proposed sale to Ant Financial, the financial-services company controlled by Chinese billionaire Jack Ma, and Genworth Financial Inc.’s $2.7 billion sale to China Oceanwide Holdings Group Co.

Broken Deals

Several proposed takeovers by Chinese investors have fallen apart over opposition from CFIUS. 
The latest came Tuesday when Chinese investors, led by digital-map provider NavInfo Co., called off plans to buy a stake in counterpart HERE Technologies. 
Earlier this month, U.S. President Donald Trump blocked a China-backed takeover of Lattice Semiconductor Corp. on the recommendation of the panel.
Evanina outlined a scenario in which the sale of a defense-based technology company could harm the U.S.’s ability to ensure supplies for military equipment such as fighter jets and ships.
"That’s where we have to be really creative to explain that this is a national security threat," he said. "It’s something we have to continue to drive, especially when it involves technology."
Congress is planning to reshape the CFIUS framework as concerns about China’s deal-making have intensified in Washington. 
Republican Senator John Cornyn of Texas, who has warned that Chinese investment has the potential to undermine U.S. military capabilities, says CFIUS should have broader scope to review foreign takeovers. 
The panel should examine joint ventures and minority stakes, not just acquisitions, he said at a June speech in Washington.
Evanina said he supported reforming how CFIUS works.
"The CFIUS process is old, antiquated and it’s being reformatted," he said. 
"There are a lot of people in the government working very hard to make it a useful tool for what we want to do."

mercredi 12 avril 2017

Huawei Connection

U.S. Lawmakers Push to Widen Iran Sanctions Probe Beyond China's ZTE
By Saleha Mohsin and Andrew Mayeda

A group of Republican lawmakers is pushing the Trump administration to investigate and unmask a company that may have violated Iran sanctions laws in the same way as Chinese mobile-phone maker ZTE Corp.
ZTE agreed last month to pay as much as $1.2 billion after pleading guilty to shipping U.S.-origin products to Iran in violation of U.S. laws restricting the sale of American technology to the country. In a letter Tuesday, Republican Congressman Robert Pittenger of North Carolina, Alabama’s Mike Rogers and eight other lawmakers, called on Commerce Secretary Wilbur Ross to probe the actions of an "unidentified company" that ZTE has said also evaded U.S. export controls.
The rival is referred to only as “F7” in a ZTE document posted on the Commerce Department’s website. 
The lawmakers in their letter note that news reports have highlighted the similarities between the company described in the documents and Huawei Technologies Co., which is the largest Chinese networking equipment maker followed by ZTE.
“We strongly support holding F7 accountable should the government conclude that unlawful behavior occurred,” according to the letter. 
“We must publicly identify those who break the law so that their activities be taken into account when public procurement activities occur or where critical infrastructure vulnerabilities might arise.”

Smoother Relations

“We do not comment on any law enforcement matters that we may or may not be working on,” Commerce spokesman James Rockas said in an email.
ZTE declined to comment.
A deeper investigation may complicate Donald Trump’s efforts to smooth relations with China after accusing the nation during last year’s election of manipulating its currency and hurting American manufacturers. 
After meeting with Xi Jinping last week, Trump tweeted that it was a “tremendous” meeting.
As Commerce officials last year gathered evidence to add ZTE to its list of restricted companies, the department posted ZTE documents related to the case on its website
In a document dated August 2011, ZTE describes how it conducted business in Iran and other sanctioned countries, and cited F7 as a model for such activities.

Fraught Relations
The U.S. relationship with Huawei has been fraught. 
The government has suspicions about whether Huawei has been sending U.S. technology to rogue nations including Syria, Iran, North Korea and Cuba, people familiar with the matter have said. 
The Commerce Department sent an administrative subpoena to the company’s U.S. operations in Plano Texas, Bloomberg reported in June. 
The company said at the time it cooperates with U.S. export control laws.
In 2012, the House Intelligence Committee concluded that Huawei and ZTE represent national security risks. 
Two years earlier, former Commerce Secretary Gary Locke expressed concern about Huawei’s participation in bids for a network upgrade by Sprint Nextel Corp. 
The bids were awarded to companies from France, Sweden and South Korea.
In Tuesday’s letter, the lawmakers said F7 ’s business structure was similar to ZTE in creating a “cut-off” IT company “serving as its agent to sign contractors for projects in embargoed countries.” 
It adds that F7 hired export-control compliance specialists and expanded its export-control liaison offices.
Here are some of the similarities between F7 and Huawei as described in the ZTE document:
  • A U.S. government panel blocked F7’s bid to purchase server technology provider 3Leaf Co. due to national security risks. Huawei backed away from a deal to buy California-based 3Leaf due to pressure from the U.S.
  • F7 once had a joint venture with Symantec, a California-based digital security company. Huawei had a similar deal with Symantec, which was dismantled.

lundi 21 novembre 2016

Stop Technology Ripoffs By China

Congress should make CFIUS review a requirement prior to the sale of any U.S. company to a Chinese-controlled entity — not just to SOEs.
By Anders Corr

On November 16, a U.S. Government advisory body, the U.S.-China Economic and Security Review Commission, recommended that “Congress amend the statute authorizing the Committee on Foreign Investment in the United States [CFIUS] to bar Chinese state owned enterprises from acquiring or otherwise gaining effective control of U.S. companies.” .”
But Congress should go one step further than just banning Chinese SOEs from buying U.S. companies. 
Congress should reverse prior sales of U.S. technology firms to China, especially those in critical industries like aviation and semiconductors. 
It is because of Chinese acquisition of U.S. technology on the cheap that China can now out-compete U.S. manufacturing. 
This is not a matter of protectionism, but a matter of protecting U.S. democracy and workers from China’s autocratic government.
China’s authoritarian economy benefits because Chinese-owned U.S. companies can innovate and design new technologies in U.S. labs, and with U.S. scientists. 
These new technologies never undergo CFIUS review before getting transferred to China. 
Congress should mandate that CFIUS review, and have the authority to stop, joint development programs between U.S. and Chinese technology companies.
According to the commission, “Overall, the data do not demonstrate that CFIUS has been a significant obstacle for Chinese investment in the United States. 
In 2014, the latest year for which data are available, China led foreign countries in CFIUS reviews with 24 reviewed transactions out of more than 100 total Chinese acquisition deals.” 
As noted by the commission, CFIUS fails to review most Chinese acquisitions. 
Many technology companies, especially little-known startups, can be legally acquired by China without CFIUS ever knowing. 
The startups may not even be aware of CFIUS. 
Congress should make CFIUS review a requirement prior to the sale of any U.S. company to a Chinese-controlled entity — not just to SOEs.
Stopping the loss of U.S. technology to China is about protecting the economy, but also about protecting U.S. national security. 
“The CCP [Chinese Communist Party] continues to use SOEs [state-owned enterprises] as the primary economic tool for advancing and achieving its national security objectives,” according to the commission’s report
“Consequently, there is an inherently high risk that whenever an SOE acquires or gains effective control of a U.S. company, it will use the technology, intelligence, and market power it gains in the service of the Chinese state to the detriment of U.S. national security.”
Congress, which created CFIUS in 2000, typically takes a harsh view of Chinese acquisitions of U.S. technology companies. 
But recent presidential administrations respond with greater alacrity to big business lobbies like Boeing and Apple that stand to make over a trillion dollars in revenue in China over the next 20 years. 
U.S. voters, therefore, cannot trust Boeing, Apple, and their lobbyists to influence U.S. national security decisions. 
Voters should take back their government from these special interests and their Chinese conflicts of interest.
The U.S. Treasury Department chairs the CFIUS review process. 
Timothy Geithner was Secretary of the Treasury at the time that CFIUS reviewed and ultimately approved the sale of of one aviation company in 2011, Cirrus Industries of Minnesota, to the biggest Chinese state-owned aerospace-defense company, Aviation Industry Corporation of China (AVIC). Cirrus has since gained access to Oak Ridge National Laboratory (ORNL) officials, from whom they are seeking joint research and development, that is, technology transfers. 
ORNL is funded by U.S. taxpayer money, not to help Chinese defense companies, but to develop our most sophisticated materials science for U.S. military and commercial use.
Geithner joined the private equity firm Warburg Pincus after he left government service in 2013. 
There, he led the 2014 acquisition of a $680 million share of a Chinese state-owned enterprise, Huarong Bank. 
China had it in their power to handsomely reward Mr. Geithner in the 2014 transaction. 
That fact is doubtless not lost on current high government officials in Washington who hope to cash in with Chinese clients after they leave government service.
Appointments of former U.S. Secretary-level individuals to boards of directors or upper-management of U.S. companies doing business in China help China’s influence in Washington. 
It is in U.S. voter interests, therefore, to reform this and other possible paths of monetary influence on U.S. politics, and with it, end the chance of Chinese influence in the beltway. 
Campaign finance reform is needed, not just to keep corporate influence out of critical domestic issues like tax and social spending reform, but to keep Chinese and other international competitor influence out of U.S. national security decisions. 
We also need to pass stronger conflict of interest laws against high government officials taking lucrative post-government positions that profit from Chinese clients. 
The same should apply to Russian clients.
The November 16 recommendations of the U.S.-China Economic and Security Review Commission make headway against the threat of losing yet more technology to China. 
CFIUS has stopped some deals, which is to their credit. 
But the commission and CFIUS don’t go nearly far enough. 
They will need public mobilization to get the job done properly.