US Treasury proposes curbs on US tech investment in China, Russia

Proposal implements 2025 law, expands restrictions to cover superintelligence and biotechnology, with a $50,000 threshold

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The U.S. Treasury Department proposed a rule Thursday that would crack down on American investments exceeding $50,000 in artificial intelligence, biotechnology, hypersonic systems and supercomputing in China, Russia, North Korea and other countries of concern, expanding restrictions first imposed under a 2023 executive order and codified by Congress last year.

The proposed rule, which implements the Comprehensive Outbound Investment National Security Act passed in December 2025, would require U.S. persons and companies to report or, in some cases, obtain approval before making investments in specified technologies in targeted countries. It covers investments in hypersonic systems capable of traveling at five times the speed of sound, supercomputing, biotechnology and artificial intelligence, which the Treasury Department referred to as "superintelligence" or SI, using President Donald Trump's preferred term.

The rule would apply only to investments exceeding $50,000 and would exclude many financial transactions, including stock purchases. Treasury will hear public comments before issuing a final rule.

The expansion comes days after President Trump waived sanctions on Russia following a diesel deal with President Vladimir Putin. The inclusion of Russia in the proposed rule marks a notable extension of the program, which began in 2023 when then-President Joe Biden signed an executive order restricting outbound U.S. investments in semiconductors, quantum computing and AI going into China. Congress later expanded the program to cover more technologies and more foreign countries, including Cuba, Iran, North Korea and Russia.

Craig Singleton, a senior fellow at the Foundation for Defense of Democracies, said the proposed rule "sends an important signal to markets that Washington is tracking where U.S. capital is flowing and what capabilities it is helping build," adding that the screening of outbound investments "recognizes that capital can accelerate military-relevant capabilities just as surely as technology transfer can."

Jason Chipman, a former Justice Department lawyer now at WilmerHale, said the rule "will require more substantial compliance programs to manage risk." Former U.S. trade official Ryan Majerus, now a partner at King & Spalding, described the proposal as "just the first step in a fairly long process to get to changes which presumably will be more enforcement-minded, to put more teeth behind the outbound investment program."

In Beijing, Chinese Foreign Ministry spokesperson Mao Ning said the U.S. should abide by the principles of a market economy and stop interfering in normal economic and trade cooperation. "Overstretching the concept of national security, taking discriminatory measures against specific countries, and artificially restricting trade, economic and investment activities serve no one's interests," she said, adding that China will take necessary measures to safeguard its interests.

The United States and China have been locked in an economic and tech rivalry since Trump's first term, restricting exports of sensitive technology and critical products and imposing tariffs on each other's goods. Trump and Chinese President Xi Jinping agreed last year to ease tensions while talks continue, a temporary truce they extended into January. In July, Treasury issued a $200,000 fine against a U.S.-based company for failing to report a $92,500 investment in a Chinese AI and robotics company.

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Analysis

Why This Matters

  • The rule signals a significant escalation in US efforts to control outbound capital flows to strategic rivals, potentially reshaping global tech investment patterns
  • Companies with investments in China, Russia or other covered countries face new compliance burdens and possible penalties
  • The expansion to biotechnology and hypersonics broadens the program beyond its original semiconductor and AI focus

Background

The Outbound Investment Security Program began in 2023 with an executive order under President Biden targeting semiconductors, quantum computing and AI investments in China. In December 2025, Congress passed the Comprehensive Outbound Investment National Security Act, codifying and expanding the program to cover more technologies and additional countries including Russia, North Korea, Iran and Cuba. The proposed rule released Thursday implements that law, adding hypersonics, supercomputing, biotechnology and artificial intelligence (referred to as "superintelligence") to the list of covered technologies.

Key Perspectives

U.S. National Security Advocates: Supporters argue the rule is necessary to prevent American capital from accelerating military-relevant capabilities in adverserial nations. Craig Singleton of FDD said it sends an important market signal. Industry and Compliance Experts: Jason Chipman and Ryan Majerus highlight the increased compliance burden and the lengthy rulemaking process ahead, suggesting enforcement will eventually strengthen. China: The Chinese Foreign Ministry called the approach discriminatory and a violation of market economy principles, warning that China will take necessary measures to protect its interests.

What to Watch

  • The public comment period and whether industry pushes back on the $50,000 threshold or the scope of covered technologies
  • How the final rule differs from the proposal, especially regarding Russia given the recent sanctions waiver
  • Whether China retaliates with its own outound investment restrictions or escalates export controls on rare earths and other critical materials

Sources

Checked

12 claims in this story checked against 1 source: 11 supported.

Show each claim
  1. SupportedThe U.S. Treasury proposed curbs on U.S. technology investment in China and Russia.Fortune | FORTUNE: “The U.S. Treasury Department proposed a rule Thursday to crack down on American high-tech investments such as supercomputing and artificial intelligence in China, Russia, North Korea and other “countries of concern.””
  2. SupportedThe proposed rule covers AI, biotechnology, hypersonic systems and supercomputing in China, Russia, North Korea and other countries of concern.Fortune | FORTUNE: “The rule announced Thursday would expand the restrictions to cover investments in hypersonic systems capable of traveling at five times the speed of sound, supercomputing, biotechnology and artificial intelligence”
  3. SupportedThe proposal implements the 2025 Comprehensive Outbound Investment National Security Act.Fortune | FORTUNE: “Treasury’s rule to implement the 2025 law — the Comprehensive Outbound Investment National Security Act”
  4. SupportedThe rule applies only to investments exceeding $50,000.Fortune | FORTUNE: “would only apply to investments that exceed $50,000”
  5. Not in the sourcesThe rule would require U.S. persons and companies to report some investments or obtain approval before making them.
  6. SupportedCraig Singleton said the proposal “sends an important signal to markets that Washington is tracking where U.S. capital is flowing and what capabilities it is helping build.”Fortune | FORTUNE: “The proposed rule “sends an important signal to markets that Washington is tracking where U.S. capital is flowing and what capabilities it is helping build,” said Craig Singleton”
  7. SupportedSingleton said screening outbound investments “recognizes that capital can accelerate military-relevant capabilities just as surely as technology transfer can.”Fortune | FORTUNE: “The screening of outbound investments “recognizes that capital can accelerate military-relevant capabilities just as surely as technology transfer can,” Singleton said.”
  8. SupportedJason Chipman said the rule “will require more substantial compliance programs to manage risk.”Fortune | FORTUNE: “Jason Chipman, a former Justice Department lawyer who specializes in cybersecurity, investment rules and export controls as a partner at the law firm WilmerHale, said the new rule “will require more substantial compliance programs to manage risk.””
  9. SupportedRyan Majerus described the proposal as “just the first step in a fairly long process to get to changes which presumably will be more enforcement-minded, to put more teeth behind the outbound investment program.”Fortune | FORTUNE: ““It’s just the first step in a fairly long process to get to changes which presumably will be more enforcement-minded, to put more teeth behind the outbound investment program,” said former U.S. trade official Ryan Majerus”
  10. SupportedMao Ning said, “Overstretching the concept of national security, taking discriminatory measures against specific countries, and artificially restricting trade, economic and investment activities serve no one's interests.”Fortune | FORTUNE: “Asked about Washington’s proposal to add biotechnology to the list, ministry spokesperson Mao Ning said that “Overstretching the concept of national security, taking discriminatory measures against specific countries, and artificially restricting trade, economic and investment activities serve no one’s interests.””
  11. SupportedMao Ning said China would take necessary measures to safeguard its interests.Fortune | FORTUNE: “She added that China will closely monitor relevant developments and take necessary measures to safeguard its interests.”
  12. SupportedIn July, Treasury fined a U.S.-based company $200,000 for failing to report a $92,500 investment in a Chinese AI and robotics company.Fortune | FORTUNE: “In July, the Treasury Department issued a $200,000 fine against a U.S.-based company for failing to report to the department a $92,500 investment in a Chinese artificial intelligence and robotics company by one of its subsidiaries.”

Zotpaper

Written by June Katz on the World desk. Claims checked by Ines Fairley, verification. Edited by Angus Burke, chief sub.

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