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U.S. Regulation of Chinese Stocks:

Legal Background and Regulatory Options



September 21, 2020
Tensions between the United States and China have again moved to center stage. In recent weeks, the
Trump Administration has ordered China to close its Houston consulate over allegations of economic
espionage, imposed sanctions on Hong Kong officials accused of undermining the region's autonomy,
and issued executive orders that may effectively ban the use of two Chinese apps-TikTok and WeChat-
in the United States. While commentators once noted the interdependence that characterized the U.S.-
China relationship, these developments and similar disputes now generate debate over whether the two
powers are on the verge of an economic decoupling.
The regulation of U.S. investment in Chinese securities is another fissure in the bilateral relationship that
has attracted special attention from Congress, the Trump Administration, and the Securities and Exchange
Commission (SEC). In April, SEC officials released a statement warning investors of the risks of
emerging-market stocks after two U.S.-listed Chinese firms announced that their employees had
fraudulently inflated past sales figures. A month later, the Senate unanimously approved legislation that
would prohibit trading in the securities of companies whose auditors deny U.S. regulators access to their
work papers-a category that most prominently includes Chinese firms. And in July, the President's
Working Group on Financial Markets (PWG) issued a report endorsing several proposals to strengthen
protections for American investors in Chinese securities.
Stricter regulation of Chinese stocks could have important implications for U.S. investors. Chinese
companies listed on U.S. exchanges boasted a combined market capitalization of $1.2 trillion at the end of
2019. American investors have also taken on more exposure to firms listed on Chinese exchanges-
perhaps unwittingly-as major index providers have increased the weight of such companies in their
emerging-market indexes over the past year.
This Legal Sidebar discusses the current regulatory framework governing U.S. investment in Chinese
stocks, alleged inadequacies in that framework, and several proposals to strengthen the relevant laws and
regulations.





                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
                                                                                    LSB10538

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