| It’s not enough for the Chinese enterprises to only know about the regime of American national security audit. The thesis is different from the previous legal relief. It will analyse why the regime emerged and how it worked at first. Combined with the cases that the Chinese enterprises failed in the security audit, the thesis will summarise the legal matter and give some advices on these matters.Although there is no common view on the definition of national security neither in the schools nor in the legislations, there are some common views on the other area. Firstly, in the contents, it’s basically the norm of principle. Secondly, its manifestation is not single but various. In the field of view, it’s not only the maintenance of national security in the open field, but also the hidden field is in the national security. American was one of the first national which applied security theory to the field of foreign investment. In the field of national security, the separation of the three powers also plays the same role, its power is respectively exercised and balanced by the president, Congress and the courts.In the legislative history of the American, the definition of the national security definition is also in constant development. The changes of national security legislation are power struggles not only between the Congress and the president, but also between investment and trade and national security balance results. The key point of USA law review is associated with the current events. FINSA reviews the target on those who engaged in international business in the territory of American or American enterprises controlled by foreigners, or merger or acquisition of corporate controlled by foreigners. The Exon-Florio amendment limited the factors that should be considered in review in five aspects, the FINSA expanded them into eleven.FINSA confirms that the national security review belongs to administrative review properties. The national security review can’t wait until the national security has been damaged, this review’s value is about to nip in the bud. Some experts believe that foreign governments will use huge gold pool of SWF to protect strategic property, such as key natural resources or the national defense science and technology. The activity of SWF and the general private enterprises are not the same, it would consider political factors more, and therefore may distort the market. The burden of proof consciousness of Chinese enterprise is still very weak, which sets Chinese enterprises in a very passive position in the American national safety review.Solving the problem in a peaceful and rational way, is an important shift for the Chinese enterprises into the market for foreign investment. Choose a lawyer team which has an in-depth study of America national security review, through them to adapt to the legal system American, to develop the legal habit, to respect American law. This is the primary task for the Chinese enterprises who wish to enter the American investment market. American national security review of legislations adapt to the current affairs changes, therefore, enterprises should also pay attention to China influence current changes may have on the investment in the investment process. State-owned enterprise should diminish their stocks, expand their scope of operation, carry out business transformation as soon as possible, to soften their state-owned enterprise image is a useful way of getting rid of its sensitive background. In the area of investment, China enterprises should also try to avoid military or defense related companies or products. |
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