Treasury's Draft COINS Rules Put Biotech in Scope but Largely Spare Licensing Deals

  • Treasury's proposed rule would add pharmaceutical compounds to the COINS Act outbound-investment regime, covering small molecules, biologics, cell and gene therapies and delivery systems.
  • Trade reporting says ordinary in-licensing and fee-for-service R&D collaborations with Chinese companies are largely untouched, while equity stakes, joint ventures and some fund investments are in scope.
  • Lawyers flag the NewCo model, where US investors build a company around a licensed Chinese asset, as the most exposed structure; the draft is open for public comment.
💡 Points Based on public reports

The carve-out for licensing is what matters for the Big Pharma deal flow of the past year, and the draft leaves the in-licensing playbook intact. The real pressure falls on the capital side: NewCos and US venture money into Chinese biotechs. Expect more structuring around licensing, and lobbying before the comment window closes.

Treasury sweeps biotech into proposed COINS Act restrictions, but spares Big Pharma's China licensing deals ↗