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Main Contents Of U.S. National Security Review System And Countermeasures Of Our Country

Posted on:2015-12-20Degree:MasterType:Thesis
Country:ChinaCandidate:S Y ShenFull Text:PDF
GTID:2296330461956678Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the gradual enhancement of the comprehensive strength, coupled with increased demand for advanced technology and overseas markets, Chinese SOEs’ foreign investment activities have become more frequent. They began to play an important role in the international market. However, the Chinese SOEs’several bids in the U.S market ended in failure, the situation in China had a tremendous response. One of the main reasons is the pressure of the United States national security review. The domestic public did not have a comprehensive awareness of the system. They exaggerated the role of the national security review and, therefore, causing misunderstanding and neglecting of other reasons.Based on a overall introduction to American national security review system, combined with the current situation of Chinese SOEs’investment and hindered examples in the U.S, the article finds out detailed internal and external factors. At last, based on the system and the reasons, the article puts forward corresponding countermeasures.The article consists of three parts:The introduction, main body and conclusion. There are five parts in main body part.The first part, the author introduces overall situation of Chinese enterprises’ investment in U.S by data. It reflects the increasingly important role of U.S in Chinese enterprises’overseas investment activities. Then, by describing advantages of Chinese SOEs in the field of investment, the amount of investment, it indicates the dominant status of Chinese SOEs. Through CNOOC’s acquisition of Unocal and cases of Huawei, it gives a preliminary introduction to U.S. national security review system and makes an exposition and analysis of reasons.The second part focuses on the history of U.S national security review system. Through the "Exxon-Florio Amendment ", " Foreign Investment and National Security Act" and other bills, it reflects continuous improvement of the system. The national sovereignty theory and Keynesian offer a theoretical basis for the national security review system. This part also clarifies the meaning of the system.The third part contains the actuator, the procedural and substantive content of the system. It gives a full description of the contents of the U.S. national security review system, such as:the composition of CFIUS, operation mechanism, decision-making mechanism. The discussion of the object and the scope of the review, the process of review and the criteria of review establish a more rational understanding.In the fourth part, the author summarizes the characteristics of U.S. national security review system by data. It tries to get rid of the domestic scholars and the public’s existing misunderstanding of the system. Then, starting from the American public’s awareness, it analyzes the inherent defects of Chinese SOEs which are internal factors that causing failures. Which more, the procedures and standards of review and review standard are external factors.In the last part, with the understanding of the system and the basis of blocking, the author put forward specific policy recommendations in six aspects:FINSA, CFIUS, relations with the U.S government and Congress, corporation’s public relations skills, corporation’s social responsibility and environmental protection. It hopes the environment of Chinese SOEs’ M&A in U.S can be effectively improved.
Keywords/Search Tags:National Security Review, SOEs, M&A, SINO-U.S Relationship
PDF Full Text Request
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