RoutineMetric

US Outbound Investment Screening Evaluator

Analyze transaction compliance and regulatory exposure under the US Department of the Treasury's Outbound Investment Security Program (31 CFR Part 850). Evaluate investments in artificial intelligence (AI), quantum technologies, and semiconductors to determine whether they are prohibited, require notification, or qualify for safe-harbor exemptions.

1Investor Status

Includes US citizens, green card holders, entities organized under US laws (and foreign branches), or any person physically inside the US.

2Country of Concern Nexus

Countries of concern currently include mainland China, Hong Kong, and Macau. Includes targets owned ≥ 50% by citizens/entities there, or joint ventures.

3Transaction Type & Safe Harbors

4Technology Sector & Capability Thresholds

Screener ResultProhibited

Prohibited

Assessment Details

  • Prohibited under 31 CFR Part 850.
  • The AI model is designed or trained using high-performance compute resources exceeding extreme thresholds (e.g., > 10^26 FLOPS, or > 10^25 FLOPS if customized for biological/military modeling).

Recommended Compliance Documentation

  • Detailed Compute Audit report showing hardware allocation, chip types (e.g., H100s/A100s), and calculated training FLOPS.
  • Internal engineering validation stating absence of military design inputs.

Divestment Risk Level

Extreme. Any active or passive equity allocation to extreme-tier AI engines in China will be ordered for swift termination.

Penalty Exposure Indicators

Maximum statutory fines apply ($368,136 baseline up to double transaction value).

Regulatory Quick Reference (31 CFR 850)

Prohibitions: Target advanced nodes, EDA software, supercomputers, military AI, and quantum systems.

Notifications: Legacy semiconductors, mid-range compute AI, and specialized commercial AI.

Safe Harbors:Mutual/index funds, complete buyout of foreign sellers, passive LP commitments (≤ $2M or absolute side-letter covenants).

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Understanding the US Outbound Investment Security Program (31 CFR Part 850)

Administered by the Office of Investment Security under the Department of the Treasury, the Outbound Investment Security Program restricts and monitors US outbound capital flowing into "countries of concern" (defined initially as the People’s Republic of China, Hong Kong, and Macau). The framework seeks to prevent the transfer of American investment, prestige, and expertise to entities developing critical technologies that threaten national security.

The Three Covered Strategic Technology Sectors

The program concentrates exclusively on three major technological frontiers:

  • Semiconductors and Microelectronics:Restricts transactions related to electronic design automation (EDA) software, advanced lithography equipment, advanced integrated circuit design and fabrication (such as FinFET systems <16/14nm logic nodes, DRAM below 18nm, or high-stack NAND memory), and supercomputing clusters. Mature/legacy integrated circuits require strict notifications.
  • Quantum Information Technologies: Captures any research, fabrication, or hardware integration dedicated to quantum computers, key quantum sub-components, highly sensitive quantum sensors (primarily dual-use or military-grade), or quantum cryptographic secure networks. These are almost entirely designated as Prohibited.
  • Artificial Intelligence Systems: Distinguishes between dual-use/highly powerful models (Prohibited) and medium-range or surveillance models (Notification Required). Hardware thresholds are measured in Floating-Point Operations (FLOPS). If an AI system relies on computing power greater than 10^26 FLOPS (or 10^25 for military/bio-weapons), transactions are entirely prohibited. Standard commercial surveillance AI falls under the mandatory 30-day post-closing notification rules.

Exemptions and the "Passive LP" Safe Harbor

Not all international investments are captured under 31 CFR Part 850. The Treasury provides carve-outs to preserve standard secondary market operations. Investments in exchange-traded mutual funds, ETFs, and index-tracking instruments are generally Exempt.

Furthermore, passive Limited Partner (LP) commitments in non-US venture capital or private equity funds are exempt provided the LP commitment does not exceed $2,000,000. If the commitment exceeds this value, investors can still obtain safe-harbor status by executing contractually binding side-letters that explicitly relinquish any governance role, board seats, advisory committee status, or access to sensitive technical secrets.

Penalties and Divestment Consequences

The regulatory consequences of ignoring outbound controls are critical. The Department of the Treasury holds unilateral authority to command immediate unwinding of prohibited investments, causing severe financial losses. Non-compliance with mandatory notifications or attempting to circumvent restrictions through secondary shell networks risks civil monetary penalties exceeding $368,136 per occurrence, or twice the transaction value. Serious, intentional violations may also be referred to the Department of Justice for criminal prosecution.