Research On Objects Of National Security Review Of Foreign Investment In The United States

National security review has been the last threshold for foreign investment in the national legal system,and it plays a vital role in the economic construction planning of all countries.And American security review system legislation is the most perfect in the world.On August 13,2018,the Foreign Investment Risk Review Modernization Act was signed by US president Donald Trump and has come into force.This change will affect our enterprises so much.And this thesis divides into four parts to carry on the research.The first chapter introduces the American national security review system from the substantive and legal aspects.Firstly,it introduces the formation of the U.S.national security review system and the background of the revised bill.Secondly,it introduces and analyzes China's investment in the U.S.and the U.S.foreign investment national security review in China,and compared with other countries,analyzes the characteristics of the attitude of the United States to the China investment.The second chapter focuses on the review standard of the objects of American national security review system.It mainly analyzes the four aspects of foreign investors,foreign investment types,investment scale and investee,and the interest ofinvestee in the American national security review system by combining the cases of sany heavy industry,the acquisition of moneygram by ant financial,and several mergers and acquisitions of huawei in the United States.The third chapter compares the object of the American national security review system with those of Canada,Australia,Germany,South Korea,Japan in terms of foreign investors,foreign investment types,investment scale and investee,and the interest of investee,and analyzes the characteristics of the object of American national security review system.The fourth chapter,on the basis of the foregoing,puts forward suggestions.With respect to the conditions for investors,enterprise may absorb as much investment as possible to dilute the background of state-owned assets;The government may strengthen international exchanges and cooperation,and conclude treaties of friendship or reach consensus with other countries.With respect to the foreign investment types,the United States tightens the rewiew of foreign M&A,while the regulation on greenfield investment and indirect investment is relatively loose.So enterprises may,if permitted,appropriately avoid foreign M&A and consider the forms of greenfield investment and indirect investment more.With respect to investment scale,the United States does not consider investment scale as a necessary factor,but it is relatively easy for small-amount investments to pass American national security review.Therefore,enterprises may reduce their investment scale.The government may do more to encourage small and medium-sized enterprises to invest abroad.In addition,it is also a measure to steer clear of interstate commerce when choosing investment targets.All in all,Under the influence of the new legislation,Chinese enterprises will undoubtedly face challenge in the United States,but as long as they understand American legal system and respond to it in a targeted manner,they need not be overly nervous.