The US is reportedly considering allowing most pharmaceutical licensing deals with China, while limiting restrictions to deals involving pathogens

Outbound investment and licensing restrictions on China have tended to narrow between initial drafting and final rule, a sequence in which industry lobbying, inter-agency pushback and the difficulty of defining covered technologies have historically produced carve-outs rather than blanket prohibitions.

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The US is reportedly considering allowing most pharmaceutical licensing deals with China, while limiting restrictions to deals involving pathogens

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Newsquawk Daily US Opening News - 18th September 2026

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  • The Treasury is drafting rules accordingly, while major pharmaceutical companies are lobbying against broader China investment restrictions
Context

The pattern has been for broad national security framing to give way to narrower categories, with the carve-out line drawn where domestic commercial exposure is largest, and pharmaceuticals sit at the top of that list given the volume of cross-border licensing flows. The Treasury's role as drafter matters: rules originating there have typically gone through extended comment periods and material redrafting before taking effect, so the current text is best read as a negotiating position rather than a settled framework. The distinction being drawn here, between commercial licensing and pathogen-linked work, follows the established practice of confining restrictions to dual-use or biosecurity-sensitive categories while leaving ordinary commerce untouched. Worth watching are the formal publication of the draft, the comment window, and whether the pathogen definition broadens in later versions, which is where such carve-outs have historically been re-litigated. Lobbying of this kind from large pharmaceutical groups has a record of moving final rules, so the direction of travel in comparable episodes has been toward further loosening.

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