New Developments Of The US Foreign Investment Security Review System And The Countermeasures

In recent years,the United States has continuously tightened the foreign investment security review system by adopting administrative measures or promulgating laws and regulations.The 《Foreign Investment Risk Assessment Modernization Act promulgated in 2018 》is a typical representative in this regard.The bill systematically regulates the current national security review system for foreign investment,expands the scope of the review,strengthens the supervision of the Foreign Investment Commission,improves the review process,and establishes measures such as "special attention to the country" and information sharing mechanisms.The promulgation of the bill will inevitably impose stricter foreign investment security reviews on emerging countries represented by China,and have a significant impact on Chinese companies’ investment in the US high-tech industry.For a long time,American companies have been popular investment targets of Chinese companies.In 2018,the United States ranked third in the flow of foreign direct investment in China,after Chinese Hong Kong and the Cayman Islands in China.In view of this,it is of great practical significance to study the US foreign investment security review system.This article is divided into four chapters:The first chapter is an overview of the US foreign investment security review system.This chapter discusses the US FDI regulatory policy and security review from three aspects: the restrictions on foreign investment access in the treaty,the regulation of foreign direct investment in federal and state local laws,and the security review of specific transactions by the Foreign Investment Safety Commission.The background and motivation of the modernization reform of the foreign investment security review system in the United States.The second chapter is the content and analysis of the reform of the US foreign investment security review system.This chapter studies the key reform contents in the Foreign Investment Risk Assessment Modernization Act and its supporting documents,analyzes the highlights and deficiencies in the reform,and analyzes the characteristics and trends of the reform of the US foreign investment security review system.The third chapter is the impact of the reform of the US foreign capital security review system on China.This chapter analyzes the micro-effects of the reform of the US foreign investment security review system on Chinese companies ’investment in the United States through case studies,and discusses the macro-impacts on China after the introduction of the Foreign Investment Risk Assessment Modernization Act.The fourth chapter is China’s countermeasures to the reform of the US foreign capital security review system.This chapter analyzes the status quo of China’s foreign investment security review system and the areas that need to be modified and improved urgently,and puts forward strategies for the government and enterprises to respond to the strictening of the foreign investment security review system in the Foreign Investment Risk Assessment Modernization Act.