Post-Election Special Part II – US-China Export Controls, Sanctions Under a Biden Administration

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4y ago 21:06

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The Trump administration has creatively used U.S. export controls and sanctions to further its foreign policy goals, most notably restricting U.S. business dealings with Chinese entities in various technological sectors. Benjamin Kostrzewa and Holly Blackwell discuss the future of the U.S. export controls and sanctions regimes under a new administration; the overarching policy goals and specific policy tools; the implications for international disputes and compliance; and more.

For the full episode, click here to listen on Apple Podcasts and here for Spotify.

Benjamin Kostrzewa is a Counsel in Hogan Lovells' Hong Kong and Washington, D.C. offices, who specializes in international trade law with a focus on the Asia-Pacific region. Before joining Hogan Lovells, Ben served as assistant general counsel at the Office of the U.S. Trade Representative from 2011 to 2015, where he handled U.S.-China disputes and negotiations, World Trade Organization disputes, and free trade agreement negotiations.

Holly Blackwell is an international disputes partner at King & Wood Mallesons based in Shanghai. She advises clients on their cross-border disputes concerning their investments in China and internationally, as well as their compliance with law and policy concerning international trade and business, including U.S. and international anti-bribery, economic sanctions, export controls, and integrity regimes.

Today’s episode is the second part of a two-part special looking at what a Biden administration could mean for U.S.-China business and investment. If you haven’t already, make sure to listen to the first part featuring Jeremy Zucker and Yang Wang from Dechert, where the focus was on U.S.-China FDI and M&A flows.

The China Law Podcast is a weekly podcast exploring China’s business and financial sectors from a legal perspective, hosted by Vincent Chow. Get in touch at vchow@alm.com with any feedback and ideas for future episodes.

Episode Outline

01:23 Convergence in overarching policy goals
04:02 More responsive export controls, sanctions policy-making process
07:52 Advice for MNC compliance officers
11:42 Reaction of Shanghai lawyers to election result
13:09 Greater multilateralism, stakeholder involvement
16:29 Increased likelihood of multijurisdictional investigations
18:23 Reviewing disputes clauses and contractual terms