Technology
Regarding The Acquisition Of Certain Assets Of Emcore Corporation By Hiefo Corporation
President orders Chinese-controlled company to divest U.S. chip assets over national security threat.
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The order blocks a foreign-owned company from maintaining control over sensitive U.S. semiconductor technology, citing national security risks.
What the order does
- Prohibits HieFo Corporation from owning or controlling any assets acquired from EMCORE Corporation.
- Requires HieFo and its affiliates to divest all interests in the EMCORE assets within 180 days, with possible CFIUS-approved extensions.
- Bans HieFo from granting access to EMCORE assets or sensitive information to outsiders until divestment is completed and approved.
- Prevents HieFo and affiliates from transferring, dissolving, or reorganizing EMCORE assets in ways that could impede compliance.
- Allows CFIUS to audit HieFo to ensure compliance and verify destruction or transfer of intellectual property.
- Requires notification and CFIUS review before any sale of the assets to a third party.
- Mandates weekly compliance reports from HieFo until divestment is verified.
- Empowers U.S. officials to inspect HieFo’s relevant premises and records.
- Prohibits any action intended to evade the order.
- Authorizes the Attorney General to enforce the order.
Who it affects
- HieFo Corporation and its affiliates.
- EMCORE Corporation.
- Prospective buyers of the EMCORE assets.
- U.S. government agencies overseeing national security and foreign investments.
Context
The transaction involved U.S.-based chip and wafer technology being acquired by a company controlled by a Chinese citizen, raising national security concerns.