Actual US-China MOU Following President Xi Visit

Following Chinese President Xi’s visit to the U.S. last week, we have found little actual material specifically pointing to an agreement on economic cyber espionage activity between the U.S. and China.  As of today, we have the White House Fact Sheet, the joint statement from U.S. Attorney General Loretta Lynch and Secretary of Homeland Security Jeh Johnson, and a Memorandum of Understanding (“MOU”) signed by the U.S. Agency for International Development and the Ministry of Commerce of the People’s Republic of China.

US-China MOU

The White House Fact Sheet includes only a few bullet points that address cyber economic espionage conducts of both states, including:

  1. Both states affirming the importance of developing and protecting intellectual property; and
  2. Both states affirm to refrain from conducting or knowingly supporting misappropriation of intellectual property for the benefit of national and commercial businesses.

The joint statement between AG Lynch and Secretary Johnson outlined the agreement between President Obama and President Xi.  The statement provided that the first session of dialogue will be held before the end of the calendar year.  According to the statement, the U.S. and China agreed to commit to (among others):

  1. Establish a “high-level joint dialogue mechanism” on cybercrime and other cyber issues; and
  2. Establish a “hotline” between the two nations to address “urgent issues or difficulties” that have not been resolved.

The MOU between the U.S. and China does not specifically mention cyber issues.  We will continue to search for evidence of the cyber agreement.  Stay tuned.

The actual MOU can be found here.

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One Response to “Actual US-China MOU Following President Xi Visit”

  1. […] secrets using cyber-espionage.  This follows a similar agreement between China and the U.S. (More on the U.S.-China agreement can be found here).  It is not clear yet whether the two nations actually signed an agreement, or simply have an […]

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Professor William Snyder

Professor William C. Snyderis a member of the faculty of the Institute for National Security and Counter-terrorism at Syracuse University after fifteen years with the United States Department of Justice.

Christopher w. FolkChristopher W. Folk

is a second year student at SU College of Law. Christopher is a non-traditional student, returning to academia after spending nearly twenty years in the high tech industry. Christopher served in the Marine Corps, graduated from Cornell University with a B.S. In Applied Economics and Business Management, attended Northeastern University’s High-Tech MBA Program and received a M.S. In Computer Information Systems. Christopher previously worked in Software Engineering and in addition to being a full-time student, Christopher is currently serving his second term as Town Justice for the Town of Waterloo. Christopher externed with a Cybersecurity firm in the Washington, D.C. area between his first and second year at SU College of Law. Full biography

Ryan D. White

Ryan D. WhiteRyan is currently a second year law student at Syracuse University College of Law, and is also pursuing a Master of Public Administration degree from Syracuse’s Maxwell School of Citizenship and Public Affairs. Ryan spent time with Homeland Security Investigations while pursuing his undergraduate degree at Wesleyan University, and spent his first summer of law school as clerk for the U.S. Attorney’s Office in the Western District of New York. He is a member of Syracuse Law Review, the Journal on Terrorism and Security Analysis, and participates in the Veteran’s Legal Clinic.Full biography

Anna Maria Castillo

is a third year law student at Syracuse College of Law. She is also pursuing a Master of Arts in International Relations at Syracuse University's Maxwell School of Citizenship and Public Affairs. She has interned at a London-based think-tank that specializes in transnational terrorism and global security and at the legal department of a defense contractor. She currently serves as an executive editor in the Syracuse Law Review. Full biography

Jennifer A. CamilloJennifer A. Camillo

is a third year student at Syracuse College of Law. She has served as a law clerk in the United States Attorney’s Office for the Northern District of New York and the Cayuga County District Attorney’s Office and as an extern in the Oneida County District Attorney’s Office. She is a member of the Syracuse National Trial Team and was recently awarded the Tiffany Cup by the New York Bar Association for her trial advocacy achievements.

Tara J. PistoreseTara J. Pistorese

holds Juris Doctor and Masters of Public Administration degrees from Syracuse University's Maxwell School of Citizenship and Public Affairs and its College of Law. She has served as a law clerk in the United States Attorney's Office for the Western District of New York and the Public Defender Service for the District of Columbia and as an extern in the United States District Court for the Western District of Washington. Full biography

Benjamin Zaiser

is both a scholar and a Federal Agent of the Federal Criminal Police Office of Germany. (Opinions expressed here are his own and not any part of official duty.) Full biography

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