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Comparative Study on Chinese and American National Security Review System for Foreign Mergers & Acquisitions

Author: LiFangHong
Tutor: LiWeiFang
School: East China University of Political Science
Course: Legal
Keywords: Foreign M \u0026 A National security Examine
CLC: D971.2
Type: Master's thesis
Year: 2008
Downloads: 120
Quote: 1
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Abstract


Cross-border mergers and acquisitions have become the international main form of foreign direct investment. China's utilization of foreign capital has long been dominated by greenfield investments, but in the international cross-border mergers and acquisitions, driven by the tide, in recent years there have been a large number of cross-border M \u0026 A events, a number of national enterprises by foreign original brand after the merger loss of competitiveness, and even die, in this case. Foreign M \u0026 A relationship with the national economic security become the focus of attention, especially the U.S. Carlyle Xugong a merger case detonated restrictions on foreign mergers and acquisitions voice. August 8, 2006, the State Council jointly issued by six ministries, \29th Meeting of the Standing Committee passed the \emphasis on security issues and the legal level clearly put forward the concept of national security review. But this provision is limited to a few legal provisions for the specific operational methods without detailed provisions. This begs the operability of this review generate doubt. Although the United States has always been known for its liberal foreign policy is known, but for involving national security, foreign investment, have adopted a more stringent review of measures to develop a \censorship. The system revolves around the balance of interests in attracting foreign investment and limitations of presidential power and the checks and balances of congressional power, strict procedures and protocol commitments, institutional arrangements, legal system and the Western countries, compared with its distinctive characteristics and unique. For the initial stage of our country's national security review system for foreign mergers and acquisitions improvement in many aspects worth learning from. This paper describes in detail the two countries through foreign acquisitions of national security review system legislative background, the legal framework, comparative analysis between the two countries at the national security concept, legislative system, the review body, review procedures, review standards and other differences, which have foreign acquisitions of U.S. national security review system for improving our national security review system for foreign mergers and acquisitions in China. Text of four chapters, the first chapter is a general introduction to the national security and foreign mergers and acquisitions related to the basic concepts of censorship. The second chapter details the U.S. national security review system for foreign mergers and acquisitions, legislative background and legislative evolution to explain the U.S. national security review system for foreign mergers and acquisitions of development, from the basic framework of the law on the U.S. national security review of foreign mergers and acquisitions review body , review procedures, review standards. The third chapter introduces the Chinese Foreign Investment Law legislative background and evolution, from the basic legal framework introduced Chinese national security review of foreign mergers and acquisitions review body, review procedures and review of applicable conditions. The fourth chapter focuses on a comparative analysis of the two systems, by improving the national security review of foreign mergers and acquisitions regime legislative proposals.

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CLC: > Political, legal > Legal
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