关键词: 国家安全审查, 外资, 并购, 美国

Abstract:

Even if practicing free trade as the number one economic power, the US still has to rigorously review the foreign capital. Although the overall investment environment is still an open attitude to foreign investment, the US is as stressed on legislative system as the developing countries. Northwest Nonferrous International Investment Company’s Acquisitions to the Firstgold Co., Ltd. has the similarity with the acquisition cases of some Chinese companies to the United States occurred in recent years. All these M&A cases involve the US national security review system. This article will give an introduction about US national security review system on Foreign Mergers and Acquisitions, based on 2007“Foreign Investment and National Security Law” and its implementing regulations “Regulations Pertaining to Mergers, Acquisitions, and Takeovers by Foreign Persons”, from the substantive and procedure law, and according to the origin and development of legislation, the main features of the review, the review elements of national security investigation and the evaluation to the system operation.

Key words: national security review, foreign capital, merger and acquisition, the United States