March 6 (Reuters) - The U.S. Senate's homeland security
committee voted on Wednesday to approve a bill that could
restrict business with Chinese biotech companies like BGI and
WuXi AppTec on national security grounds.
The bill is designed to keep Americans' personal health and
genetic information from foreign adversaries. The bill has
spurred deep concern among investors, driving a sell-off in the
shares of WuXi AppTec when news of its introduction first
reached Chinese markets last month.
Hong Kong shares of Wuxi tumbled 15% on Thursday,
while the firm's Shanghai-listed shares opened down the maximum
allowed 10%.
While the bill has a long way to go before becoming law, and
could change considerably along the way, the vote of approval is
a step forward that will likely concern investors who do not
want to see the Chinese companies limited in an important
market.
WuXi AppTec, for example, generates more than half of its
sales from its U.S. business and operates facilities across the
country including in Georgia, Pennsylvania and California, as
well as a new campus set to open in Delaware.
WuXi and BGI have argued that their names should be stripped
from the bill, but the bill that was advanced from committee
still named the companies. The bill was, however, amended to
exempt preexisting contracts and agreements.
The committee voted 11-1 to move the draft legislation
forward.
Once it moves out of committee, the bill must pass in both
the full Senate and the House, and then needs be signed by the
president. It is not immediately clear when the bill will be
brought to the Senate floor for a vote.
Senator Rand Paul, a Republican from Kentucky, was the sole
'no' vote and said that senators were "taking advantage of anger
towards China to do sort of parochial protectionist things for
their particular state."
He also voiced concerns about the effect the bill could have
on the biotech supply chain for U.S. companies.
As currently written, it would prohibit federal agencies
from contracting with China's BGI, MGI, Complete Genomics, WuXi
AppTec, their affiliates and other biotechnology companies
deemed of concern. It would also stop the government from
entering contracts with companies that use their equipment or
services.
The companies have denied they pose any security threats.
The Biotechnology Innovation Organization (BIO), a
Washington-based trade association representing biotechnology
companies in the U.S. and more than 30 other countries,
including WuXi AppTec, had urged the committee to reconsider the
legislation.
"Explicitly naming companies for punitive measures
establishes a precedent whereby companies can ... be punished
without necessary and appropriate review," BIO CEO Rachel King
wrote in a letter to Peters, a Democrat, and Paul.
A companion bill introduced in the House in January accuses
BGI, a genomics company, of posing a threat to U.S. national
security through its collection of genetic data. It describes
MGI and Complete Genomics as subsidiaries and affiliates.
WuXi AppTec, which provides R&D and manufacturing services
to the pharmaceutical and healthcare industry, allegedly has
ties to the Chinese military, according to the House version of
the bill.
The companies have said the proposed legislation contains
false, misleading and unfounded allegations.
San Jose, Calif.-based Complete Genomics said there is no
basis for its inclusion in the bill, which it said will foster a
monopoly in the U.S. genomic sequencing instrument market.
WuXi AppTec said in an emailed statement on Wednesday that
it does not collect genetic data, and that the bill "relies on
misleading allegations and inaccurate assertions to propose
preemptive and unjustified prohibitions against our company
without due process."
BGI Group said it does not have access to Americans'
personal data. It said the legislation will drive it out of the
U.S. and limit competition.