Thursday Apr 11, 2024
Episode 22: European defense strategy and global security implications
The Hogan Lovells National Security Podcast
In this age of rapid technological advances, having a dedicated team of lawyers to help navigate the challenges and threats of national security is crucial. At Hogan Lovells, national security is baked into virtually all practice areas and industries, from clothing affected by the Uyghur forced labor bill, or the myriad impacts of the Ukraine war, or political conditions in a country of importance to a client. The Hogan Lovells National Security Podcast, hosted by Mike Scheimer and Tim Bergreen, will provide an overview of key developments as well as informative segments on issues that are affecting the day-to-day goals of businesses and organizations.
Episodes
Episodes
Friday Dec 22, 2023
Episode 21: U.S.-China relations and the global economy
Friday Dec 22, 2023
Friday Dec 22, 2023
In this episode, we are joined by our colleague Ben Kostrzewa from our Hong Kong office, who brings extensive experience in navigating the complex landscape of U.S.-China trade relations, export control, sanctions, and investment restrictions.
We discuss President Biden's recent bilateral meetings with Xi Jinping in San Francisco, signaling prospects for future discussions, albeit with lingering concerns over potential conflict triggers. We also delve into China's economic setbacks post-COVID, including a notable downturn after decades of consistent growth, and we look at Hong Kong's evolving role within China's economy and highlight Hong Kong’s enduring advantages for businesses operating in the region. Finally, we look ahead to 2024, where we consider Taiwan's January presidential election and China's economic trajectory as potential challenges for the future.
The recent Biden – Xi meetings were held at the same time as the APEC and IPEF forums in San Francisco. See our related episode with Kelly Ann Shaw on APEC/IPEF here.
Friday Dec 08, 2023
Episode 20: U.S. Reactions to APEC and IEPF Summits
Friday Dec 08, 2023
Friday Dec 08, 2023
In this episode, we are joined by our colleague Kelly Ann Shaw to discuss reactions to the Asia-Pacific Economic Cooperation (APEC) Summit and Indo-Pacific Economic Framework (IPEF) forums recently held in San Francisco. Kelly Ann shares her own experiences as the lead U.S. negotiator for APEC during the Trump administration, and we share insights into the complexities of trade negotiations, geopolitical dynamics, and the challenges faced by the Biden administration in the context of APEC and IPEF.
See our prior episode with Kelly Ann here.
Tuesday Nov 07, 2023
Episode 19: U.S. expanded export controls on semiconductors
Tuesday Nov 07, 2023
Tuesday Nov 07, 2023
We are joined by our colleague Ajay Kuntamukkala on this one-year anniversary of the October 2022 semiconductor export control rules to discuss two new interim final rules (IFRs) by the Bureau of Industry and Security (BIS) aimed at closing perceived loopholes in the 2022 restrictions.
The first IFR covers restrictions on advanced computing items and supercomputers (available here), and the second IFR covers restrictions on semiconductor manufacturing equipment (available here) – both of these rules become effective on November 17, 2023.
We unpack how these new rules amend the Export Administration Regulations (EAR) with new restrictions on the export, reexport or transfer (in-country) of certain semiconductor and advanced computing items to China and Macau, as well as expanding license requirements for semiconductor manufacturing equipment to additional countries. We analyze the new licensing requirements imposed on entities that may be operating worldwide but that are “headquartered in” (a term not yet defined in the EAR) certain listed countries. We consider the expansion of the U.S. persons rule, dive into the technical details of the new parameters (lowered thresholds) that determine restricted chips, and discuss export control harmonization among allied countries, including recent Dutch export controls issued in September. Finally, we tackle how the new rules might impact the U.S. chip industry as well as China’s own burgeoning chip industry (we also flag the recent release of the latest Huawei smart phone).
Thursday Oct 12, 2023
Episode 18: Innovation and DoD Replicator Initiative
Thursday Oct 12, 2023
Thursday Oct 12, 2023
In this episode we discuss defense innovation and DoD’s announcement of the “Replicator” initiative. We explore the history of the Defense Innovation Unit (DIU) and how its success has sparked the creation of similar offices throughout DoD. We explain efforts to overcome the “valley of death” between developing an idea and deploying a capability to the warfighter. We also touch on In-Q-Tel and other government seed capital programs, incubators, technology accelerators, challenge programs, and the Defense Innovation Marketplace. We review Deputy Secretary of Defense Hicks' announcement of “Replicator” whose goal is to field “attritable” autonomous systems at a scale of multiple thousands, in multiple domains (air, land, sea, space), within the next 18-to-24 months. Finally we touch on similar efforts in other countries, including the NATO DIANA initiative to bring together personnel and tech startups and scientific research to solve critical defense challenges among the alliance countries.
Read Hicks' speech here.
Access the DoD innovation site for industry here.
Tuesday Sep 19, 2023
Episode 17: Telecoms and National Security
Tuesday Sep 19, 2023
Tuesday Sep 19, 2023
We are joined by our colleague, Charles Mathias, former Deputy Chief in the Federal Communications Commission’s (FCC) Wireless Telecommunications Bureau, to discuss national security and the telecommunications industry. We cover cybersecurity, supply chain risks, and the overlap of the FCC Covered List (which designates entities that pose an unacceptable risk to national security) with the 2019 National Defense Authorization Act (NDAA) Section 889 prohibitions on certain telecommunications equipment and services. We explore the FCC’s “rip and replace” program under the Secure Networks Act. Finally, in a wide ranging technology discussion, we discuss Open Radio Access Network (ORAN) and cybersecurity concerns, why the rollout of 5G in the United States still has a ways to go, and Low Earth Orbit (LEO) satellite communications (SATCOM) network bringing connectivity to unconnected areas of the planet.
Tuesday Aug 22, 2023
Episode 16: Outbound Investment Screening
Tuesday Aug 22, 2023
Tuesday Aug 22, 2023
In this episode, we are joined once again by our colleagues Brian Curran and Anne Salladin, to discuss the release of the long awaited Executive Order (EO) on outbound investment screening. Our March episode with Brian & Anne previewing the outbound investment program is here.
We discuss what is covered in the EO and the related Advance Notice of Proposed Rulemaking (ANPRM) issued by Treasury that solicits input from the public on the proposed framework for the regime, including the expected timing for developing implementing regulations.
We delve into the three advanced technologies covered in the ANPRM: (1) semiconductors and microelectronics; (2) quantum computing; and (3) Artificial Intelligence (AI). We explore the types of transaction that are covered by the outbound investment program, and we discuss whether this is really consistent with the “small yard, high fence” approach to protecting critical technologies as the administration claims. Finally, we discuss the likelihood of similar action by allied nations, potential repercussions by China, and related legislation on outbound investment screening currently working through Congress.
Read the Executive Order here.
Read the ANPRM here.
Thursday Aug 03, 2023
Episode 15: Information Flows and Secrecy: Where is the Chinese Foreign Minister?
Thursday Aug 03, 2023
Thursday Aug 03, 2023
In this episode we discuss the strange continued disappearance from public view of Qin Gang, the Chinese Foreign Minister (FM), and former Ambassador to the United States.
At the time of this recording, China announced that Mr. Qin was formerly removed as FM (although he still has not re-appeared in public), and his boss, Wang Yi, the Director of the Central Foreign Affairs Office of the Chinese Communist Party (CCP), would act as FM. Mr. Qin’s disappearance was originally attributed to undefined health issues (which still remain the only official reason for his absence), but rumors have swirled that he was swept up in an anti-corruption dragnet, that Western or even Chinese intelligence services were behind his disappearance, or that this is all connected to a suspected affair with a Hong Kong based journalist.
We examine the culture of secrecy in the CCP and the unsettling effect disappearances of Chinese government officials can have on international security and diplomacy. We compare and contrast other countries approaches to state secrets and withholding information from the public eye on the basis of national security, which in turn leads our discussion to China’s revised anti-espionage law, effective 1 July (the law takes such a broad view of national security that exchanging information in routine business activities might now be considered espionage). Finally, we note that the disappearance of a prominent Minster and Party official (Mr. Qin has often been seen as Mr. Xi’s protégé) and the revised counter-espionage law are reminders to both governments and the global business community that China under Mr. Xi’s leadership continues to tighten information flows and put national security at the center of everything.