Changing Mechanism of the National Security Review for Foreign Investment – A Perspective from the Foreign Investment Risk Review Modernization Act

Authors

  • Lu Ding Liang Law School, Beijing Normal University, Beijing, CHINA
  • Shan Yi Fei Hillary Rodham Clinton School of Law, Swansea University, Swansea Wales, the UNITED KINGDOM

DOI:

https://doi.org/10.53797/cjmbe.v2i1.1.2023

Keywords:

CFIUS, FIRRMA, national security review, data security

Abstract

As the host country with the largest capital inflow, the United States has always been highly concerned about its foreign investment access and review policy. Facing the uncertainty of Sino-US trade friction development, China must also pay close attention to the United States' foreign investment national security review policy. The Foreign Investment Risk Review Modernization Act (FIRRMA), signed into law in 2018, expanded the scope and revamped the process of CFIUS 'review of foreign investment and is bound to introduce even more changes to the national security review of foreign investment in the United States. Against the background of the rapid increase in the scale of Chinese outbound investment, the strict national security review by the Committee on Foreign Investment in the United States (CFIUS) conducted by Chinese-funded enterprises especially those based in the digital economy for their acquisitions of U.S. companies in recent years. The article discusses the new trends and new ideas in the national security review of foreign investment in the United States as well as the effective responses of Chinese-funded enterprises in light of the signing and implementation of FIRRMA.

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References

http://www.mofcom.gov.cn/article/tongjiziliao/dgzz/201809/20180902791492.shtml accessed by 3rd September 2022

The chart is cited from Page 10 of the Statistical Bulletin of China's Outward Foreign Direct Investment 2017 http://www.mofcom.gov.cn/article/tongjiziliao/dgzz/201809/20180902791492.shtml, accessed by 3rd September 2022

This chart cited from Page 10 of Statistical Bulletin of China's Outward Foreign Direct Investment 2017, accessed by 3rd February 2022

http://www.mofcom.gov.cn/article/ae/ai/201909/20190902898777.shtml,accessed by 3rd February 2022

http://news.ifeng.com/c/7rpZMtxhzBY,accessed by 4th February 2022

Teng Tao and Xu Xuefeng: "The Status Quo, Trends and Countermeasures of Security Review: New Developments in US Investment Security Review Mechanism", Foreign Trade Practice, No.09, 2019, p 42.

See Shao Shaping and Wang Xiaocheng, "An Analysis of the National Security Review System for Mergers and Acquisitions by Foreign Investors in the United States — — and Construction of a National Security Review System for Mergers and Acquisitions by Foreign Investors in China", The Jurist, 3 (2008), p.154.

Fang Zhiyin: An Analysis of Censorship and Restrictions on Foreign Mergers and Acquisitions in the United States, Oriental Law, No. 2, 2011, p.134.

Hu Zhenhu and Jia Yingzi: "The US FIRRMA Pilot Program Has a Profound Impact on Global Foreign Mergers and Acquisitions", Foreign Investment in China, No. 12, 2018, p.46.

S.2098 - Foreign Investment Risk Review Modernization Act of 2018

http://www.mofcom.gov.cn/article/i/jyjl/l/201810/20181002795610.shtml, accessed by 3rd February 2022

https://www.sohu.com/a/355055836_465914, accessed by 8th February 2022

Gui Changni, "Trends in the Reform of the National Security Review System for Foreign Investment in the US and Its Impact on China", Information Security and Communication Confidentiality, Issue 7, 2017, Pages 50-52

See the Bill of Foreign Investment Risk Review Modernization Act of 2018

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Published

2023-02-01

How to Cite

Liang , L. D. ., & Fei, S. Y. . (2023). Changing Mechanism of the National Security Review for Foreign Investment – A Perspective from the Foreign Investment Risk Review Modernization Act. CMU Academy Journal of Management and Business Education, 2(1), 1–10. https://doi.org/10.53797/cjmbe.v2i1.1.2023