TAPP Responds to Treasury RFC Re: COINS Program Proposed Rules

The Trade Alliance to Promote Prosperity today responded to a Request for Comments from the U.S. Department of the Treasury regarding proposed rules pertaining to implementation of the Comprehensive Outbound Investment Security (COINS) Act.

In the organization’s comments, TAPP requests that Treasury:

  1. remove ordinary human therapeutics and their delivery mechanisms from the broad pharmaceutical-compounds provision proposed, except where a defined, evidence-based national-security nexus exists;

  2. clarify that arm’s-length, inbound-to-America licensing, clinical research, commercialization, and routine product sales do not become prohibited investments merely because they involve a Chinese counterparty;

  3. narrow sections of the proposed rules to equipment and capabilities with demonstrated sensitive applications, using objective technical thresholds and end-use criteria;

  4. create administrable safeguards and guidance for transactions with mixed-use enterprises, affiliates, and joint ventures; and

  5. undertake a fuller assessment of patient-access, U.S. competitiveness, and supply-chain effects.

These revisions would preserve targeted restrictions on biological weapons, sensitive military applications, and prohibited entities while protecting U.S. innovation.

Read TAPP’s full comments here.

Ainsley Shea