The Influence Of United States National Security Review To Our Enterprises’s M&A In United States

The global M&A wave not only change the world, but also improve the human’slife, when the world economy after a few times baptism of M&A wave, whenresources in the industrial chain redistribution, we saw the powerful influence ofM&A activities. M&A not only promote the enterprise expansion, long-term survival,but also attract investor’s view of the capital marketSince2002, china became the first big capital importer instead of UnitedStates.The United States as the top economic power is the ideal place for manyinvestors do business. China enterprises response to the “go-out” policy, held a seriesof M&A activities in the United States, such as Bain capital with Huawei M&AAmerican3Com, The Tangshan CaoFeiDian Investment Company buying AmericanEmcore, Anshan Iron and Stell Company acquisitions of United. Stated SteelDevelopment Company, and so on, All due to the American National SecurityReview and failure.Therefore face the not clear provisions for the United StatesNational Security Review System of foreign capital’s M&A. China enterprises howto pass the United States national security review successfully, in order to access tothe American market, expanding their international investment strategy, it is thisessay’s major research purpose and meaning.This essay use legal analysis and case analysis method from the following fourparts to make a study for the influence of United States National Security Review toour enterprises’s M&A In United States.The first part is mainly to make a research on the current situation of Chineseenterprises’s cross-border M&A and strategic choice. Through the elaboration ofcross-border M&A’s basic concepts: including the definition, characteristics, types ofcross-border M&A. Based on the study of the basic theory, further analysis of thechinese enterprise of cross-border M&A’s internal and external causes; Put forward to encourage chinese enterprise "going abroad" strategy background, the strategicsignificance for chinese enterprises to choose the " cross-border M&A "The second part analyses and studies of the United States National safety reviewsystem of foreign capital’s M&A. Including the generation and development of theUnited States National safety review system of foreign capital’s M&A; Thecomposition, development and coordination mechanism of The Committee onForeign Investment in the United States. Further analysis about the proceduralregulation of the United States national security review system. Finally simpleassessment about the United States national security review system of foreigncapital’s M&A, providing theoretical references for formulate our country’s nationalsecurity law system of foreign capital’s M&A, and promote the development of ourcountry enterprise’s cross-border M&A activities.The third part set about from the M&A practices of Chinese enterpries.Analysisthe typical cases about lenovo buying American IBM, bain capital with huaweibuying American3Com. Analytical the specific operation procedure and standardoperation of the United States. national security reviewsystem. And on this basisstated us national safety review system’s influence on Chinese enterprise’scross-border M&A activitiesThe fourth part is put forward countermeasures for chinese enterprises to dealwith the United States. national security review system. Because the United StatesNational Security Review System combined the laws and regulations with thecharacteristics of political factors, China’s enterprises want to pass the United StatesNational Security Review, should from the Chinese government, Chinese enterprisetwo aspects to find the corresponding solution countermeasures. On one hand, thegovernment should make and perfect the laws of foreign capital’s M&A, strengthennegotiations with the United States, through dialogue, set up mutual trust, and signbilateral protection agreement, from the macroscopic level to promote thedevelopment of Chinese enterprise’s M&A activities in the United States; on the otherhand, our country enterprise should fully understand the American National SecuritySystem before they carry out the M&A activities, Strengthen communicate andconsulte with the American targets company and the national security review department, through signed the suspension agreement and adjust their behavior timely,pay attention to the publicity in the United States and public relations work, won thesenator and people’s support.In brief, cross-border M&A because of its complexity naturally, make thecross-border M&A road of Chinese enterprises full of difficulties and challenges.TheUnited States national security review system just like the tip of the iceberg forchinese enterprises’s cross-border M&A will face obstacles. Chinese enterprise howto complete the M&A activity in the United States successfully, need to do furtherexplore and think in practice.