Study On U.S. National Security Review Of Foreign Mergers And Acquisitions

Although Green-field Investments have been the first important Foreign Direct Investments in China,foreign Mergers & Acquisitions(M&As) will take the place of Green-field Investments in future.In recent years,some foreign M&As bring a heated discussion into legal fields,but scholars focus their attention on anti-monopoly law and competition law,and pay little attention to national security.This dissertation deeply studies the American regulations of national security review of foreign M&As,especially studies the latest development of American national security review of foreign M&As—Foreign Investment and National Security Act of 2007(FINSA),and the author presents some legislative proposals to reconstruct the China's regulations of national security review of foreign M&As.This dissertation is divided into four chapters as follows:Chapter One briefly discusses the relation between foreign M&As and national security,and analyses the theory of national security review of foreign M&As.Chapter Two firstly studies both the substantive rules and procedural rules of Exon-Florio Amendment,then deeply analyses the implementation with regard to the Exon-Florio Amendment.Chapter Three mainly studies the new development of American national security review of foreign M&As—Foreign Investment and National Security Act of 2007 and Regulations Pertaining to Mergers,Acquisitions,and Takeovers by Foreign Persons(2008),through comparing the similarities and differences with the regulations of Exon-Florio Amendment.Chapter Four demonstrates the necessity of reconstruction of the China's regulations of national security review of foreign M&As through analyzing the status in quo and characteristics of foreign M&As in China.And this dissertation brings forward some legislative proposals of the regulations of China's national security review of foreign M&As from the perspective of transplantation of law.