Study On The The Foreign Investment Risk Review Modernization Act Of 2018 And Its Countermeasure

Foreign investment has been an important contributor to the growth of the U.S.economy.However,when foreign capital flows into particular industries,the U.S.realizes that foreign investment should be regulated.On the one hand,the U.S.wants foreign investment to make up for the lack of domestic market and drive economic development,but on the other hand,it hopes that the inflow of foreign capital is not enough to cause harm to national security,so the U.S.restricts and regulates foreign investment through the foreign investment security review system.With the development of the U.S.foreign investment security review system,it has gradually become a tool for the U.S.to suppress foreign enterprises to maintain domestic competitive advantage,with political game color.In recent years,China’s enterprises have stepped out of the country and actively engaged in overseas investment and development,making the U.S.consider its international economic status and leading edge in science and technology to be threatened.After taking office,the Trump administration put forward the America First strategy,launched a trade war against China,and frequently suppressed Chinese high-tech companies’ investment in the U.S.In 2018,the U.S.passed the Foreign Investment Risk Assessment Modernization Act,which further expanded the scope of review based on the previous U.S.national security review system for foreign investment and gave the Foreign Investment Review Board more review authority.The Act also adds content regarding Chinese investors,which is relevant to Chinese investments.Therefore,it is necessary to study the latest trends of the U.S.foreign investment security review system and provide suggestions for Chinese investors to reasonably avoid risks and safeguard their legitimate rights and interests when facing the U.S.foreign investment security review.This paper is divided into five parts: Part I introduces the emergence and development of the U.S.foreign investment national security review system and the background of the introduction of FIRRMA,which is a product of the U.S.foreign investment security review system in response to the requirements of the U.S.national security strategy;Part II analyzes the main contents of FIRRMA and reviews them;Part III analyzes the direct impact of FIRRMA on The fourth part summarizes the characteristics of the U.S.foreign investment security review system after the revision of FIRRMA by analyzing the specific situation of Chinese enterprises subject to U.S.review and recent review cases;finally,the fifth part proposes coping strategies for investment in the U.S.On the one hand,avoidance measures are proposed from the national level and investor level respectively before investment;on the other hand,when facing unfair results of national security review after investment On the other hand,when facing the unfair results of national security review after investment,enterprises should choose the remedy path to study,aiming to provide suggestions for Chinese investors to actively protect their legal and reasonable rights and interests when investing in the United States.