Research On The National Security Review Barriers And Countermeasures Of Chinese Enterprises To The United States Merger And Acquisition

With the rapid development of economic globalization and The Belt and Road policy,the degree of internationalization of Chinese enterprises has gradually improved,the pace of overseas acquisitions is also accelerating.However,because of the ideological and political stand,Chinese companies in the United States merger always face the complex investment environment,the development of mergers and acquisitions difficult.A very important reason this situation is the United States National Security Review barriers,it set many obstacles for the acquisition of Chinese companies in the United States,resulting in China mergers and acquisitions in the United States failed again and again.HUAWEI,ZTE respectively second and five as the world's largest telecom equipment manufacturers,although has entered the most of the global market,but in the United States,two well-known China enterprises always face the "national security" review "anti-dumping" and "countervailing" unreasonable treatment.In the development of the American market,HUAWEI,ZTE in addition to some harvest in the terminal products on the outside,in the network equipment has not achieved a breakthrough.The reason of national security review and the U.S.government led the inseparable.HUAWEI and ZTE have a low price strategy for the two companies for most of the global telecom equipment market share,but the U.S.authorities have repeatedly to endanger the U.S.the grounds of national security,prevent the two companies China the U.S.market.The United States House of Representatives Intelligence Committee of HUAWEI and ZTE in the United States to expand the business behavior investigation,the purpose is still to prevent HUAWEI,ZTE in mergers and acquisitions and the expansion of the business sector to the U.S.national security threat.The from Huawei,ZTE case of analysis of Chinese enterprises in the United States mergers and acquisitions process by U.S.National Security Review barriers caused by the system,combined with the case of the United States government often set three national security review barriers one by one argument,elaborated Chinese companies in the United States mergers and acquisitions from the reality of the situation of the national security review of barriers,and then,on the basis of the barriers encountered in the practice of providing a countermeasures,in order to Chinese enterprises in the future the United States M & A to reference and guidance of.This article is divided into four parts,the main contents are as follows:The first part is the study of Huawei,ZTE case situation and influence.Through this acquisition related when parties and the acquisition,after these basic facts analysis in the case of national security review after,followed by the results of the case.In addition,on the basis of the facts of the case,for the impact of the case and made detailed argument from two aspects.The second part analyzes the system background of HUAWEI and ZTE in detail,including the definition of national security,the review procedure of national security review,and the object of national security review.Through the national security review system of the United States,for the development of our national security review of the legal system,and the improvement of China's enterprises to provide theoretical guidance to the United States and the activities of mergers and acquisitions.The third part focus on the combination of case analysis the American National Security Review barriers.From three angles respectively analyzes the U.S.government may set the national security review of barriers combined with the second part of the discussion.Then closely linked to the case,analysis in Huawei,ZTE case in the presence of national security review of barriers,the author paves the way for the following countermeasures.The fourth part puts forward the Countermeasures of Chinese national security review barriers.U.S.national security review system for both the characteristics of American law,and influenced by political factors,which include the Congress,which China enterprises to the mergers and acquisitions of national security review barriers.Chinese enterprises to successfully break the barriers should be according to the characteristics of effective barriers to find countermeasures.First of all,our government should actively signed bilateral investment agreements with the U.S.government,the establishment of trade mechanism of equality and mutual trust,improve the dialogue mechanism,provide the macroscopic conditions to get rid of the United States China enterprises mergers and acquisitions of national security review barriers;secondly,enterprises should also do the research in China the homework before the merger,and pay attention to the U.S.government and Target Corp in the United States to strengthen consultation,propaganda work,strive to obtain support and senior U.S.citizens.The above measures can only get rid of America's national security review barriers in a certain extent,as for Chinese enterprises how to completely get rid of America's national security review barriers,successful completion of the United States M & A,also need to in-depth discussion in practice.