: Http://finance. the United States, although some complain that politicians have to foreign investment countries such as China and purchased over-regulation, but the United States Government itself continues to raise the threshold of foreign acquisitions.
United Kingdom ft 26, reported that, according to the United States Government under the merger review body United States foreign investment Committee (CFIUS) brewing a new move, once the foreign acquisition was convicted of threatening the United States national security, foreign firms could face a fine of up to tens of millions of dollars. Industry noted that this would no doubt further increases the consists of a Chinese company, foreign institutions acquired United States enterprises more difficult.
Fine or up to 10% of sales revenue
Financial times cites a bit familiar with the situation in the United States Government's lawyers said reports that CFIUS following a special group is the number of foreign companies pressured the latter if you are in the United States to engage in some sensitive industry acquisitions, you must first agree to accept the possible financial penalties.
CFIUS is a subsidiary of United States Government had a mysterious institution responsible for the review of the relevant transactions affect the United States national security, its members from United States Department of Treasury, justice, defence, homeland security and Department of Commerce, etc. 12 United States federal agencies. In accordance with existing regulations, the United States who wish to acquire foreign companies without business prior to CFIUS Declaration, but the latter have the power after the transaction is finalized.
The informed counsel that, in recent cases, the CFIUS even possible implementation of the relevant foreign-funded enterprises is a fine for breach of the sales revenue of the company's high level of 10%.
According to the United States Department of Treasury for International Affairs of Assistant Minister Cray · Roy, revealed in the U.A.E. Dubai port last year, the world's acquisition of United States ports before the United States Government adds has the "civil penalties" provisions included in the so-called "derogation Protocol" (mitigation agreements that reduce potential losses), he also acknowledged that CFIUS and foreign enterprises reached derogation protocol more than in the past.
Limited new initiatives some "back"
For State or national interests, "States will take similar restrictions of foreign acquisitions, this criticism. "For the United States to raise the threshold of foreign acquisitions, China Ministry of Commerce-foreign research expert told reporters yesterday.
However, some lawyers dealing with CFIUS case, in the large export control regulations of the United States has set a financial penalties, this Panel is on foreign-funded enterprises to implement additional penalty of legal authority. More legal profession stated that the most recent initiatives is the "back".
"I personally feel that this approach some excessive," Oliver Rui LLP Shanghai Representative Office of the Senior Adviser Tang Zhihua told reporters that "we contacted United States corporate customers in China (engage in mergers and acquisitions) had never encountered such a situation. "Tang Zhi Hua, similar approach at the international level is also very rare, will further intensify the foreign enterprise in the United States launched the acquisition more difficult.
In fact, in recent years, the United States domestic protectionist forces increasingly looked up and has become an indisputable fact, the most typical example is that in the beginning of last year's acquisition of more than one United States port of Dubai Ports World company in just less than two months after they announced their transfer to a United States entity, only suffering too much from the United States domestic United States on the acquisition of endangering national security. Such cases have given rise to widespread concern about the United States industrial circles, as this may affect foreign investors confidence in the United States investment.
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