Exon-Florio National Security Test for Foreign Investment

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Publisher : DIANE Publishing
ISBN 13 : 143793188X
Total Pages : 23 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Exon-Florio National Security Test for Foreign Investment by :

Download or read book Exon-Florio National Security Test for Foreign Investment written by and published by DIANE Publishing. This book was released on with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Exon-Florio National Security Test for Foreign Investment

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Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (15 download)

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Book Synopsis The Exon-Florio National Security Test for Foreign Investment by : James K. Jackson

Download or read book The Exon-Florio National Security Test for Foreign Investment written by James K. Jackson and published by . This book was released on 2009 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report covers the recent background of the Exon-Florio provision with special regards to issues faced in the 112th Congress. The Exon-Florio provision grants the President the authority to block proposed or pending foreign acquisitions of "persons engaged in interstate commerce in the United States" that threaten to impair the national security.

The Exon-Florio National Security Test for Foreign Investment

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Exon-Florio National Security Test for Foreign Investment by :

Download or read book The Exon-Florio National Security Test for Foreign Investment written by and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: These caveats stipulate that the President will provide information that is required under the law as long as it is "consistent" with the President's (1) authority to conduct the foreign affairs of the United States; (2) authority to withhold information that would impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive' [...] The Treasury Department, headed by Secretary James Baker, objected to the Exon-Florio provision and the Administration vetoed the first version of the Omnibus Trade legislation, in part due to its objections to the language in the measure regarding "national security and essential commerce." The Reagan Administration argued that the language would broaden the definition of national security beyond [...] The Treasury Department finalized its regulations implementing the law on November 21, 2008.21 Presently, the Committee consists of nine members, including the Secretaries of State, the Treasury, Defense, Homeland Security, and Commerce; Energy; the Attorney General, the United States Trade Representative, and the Director of the Office of Science and Technology.22 The Secretary of Labor and the D [...] These three conditions are: (1) as a result of a review of the transaction, CFIUS determines that the transactions threaten to impair the national security of the United States and that the threat had not been mitigated during or prior to a review of the transaction, or (2) the foreign person is controlled by a foreign government; (3) the transactions would result in the control of any critical in [...] The Exon-Florio provision requires the President to provide a written report to the Secretary of the Senate and the Clerk of the House detailing his decision and his actions relevant to any transaction that was subject to a 45-day investigation.37 Mitigation and Tracking Following the implementation of the Exon-Florio provision in the 1980s, CFIUS had developed several informal practices that like.

Crs Report for Congress

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Author :
Publisher : BiblioGov
ISBN 13 : 9781293274637
Total Pages : 30 pages
Book Rating : 4.2/5 (746 download)

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Book Synopsis Crs Report for Congress by : Congressional Research Service: The Libr

Download or read book Crs Report for Congress written by Congressional Research Service: The Libr and published by BiblioGov. This book was released on 2013-11 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Exon-Florio provision grants the President the authority to block proposed or pending foreign acquisitions of "persons engaged in interstate commerce in the United States" that threaten to impair the national security. This provision came under intense scrutiny with the proposed acquisitions in 2006 of major operations in six major U.S. ports by Dubai Ports World and of Unocal by the China National Offshore Oil Corporation (CNOOC). The debate that followed reignited long-standing differences among Members of Congress and between Congress and the Administration over the role foreign acquisitions play in U.S. national security. The public debate underscored the differences between U.S. policy, which is to actively promote internationally the national treatment of foreign firms, and the concerns of some over the way this policy applies to companies that are owned by foreign governments that have unlimited access to the nation's industrial base. Much of this debate focused on the activities of a relatively obscure committee, the Committee on Foreign Investment in the United States (CFIUS) and the ExonFlorio provision, which gives the President broad powers to block certain types of foreign investment.

The Exon-Florio National Security Test for Foreign Investment

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (15 download)

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Book Synopsis The Exon-Florio National Security Test for Foreign Investment by : James K Jackson

Download or read book The Exon-Florio National Security Test for Foreign Investment written by James K Jackson and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposed acquisition of major operations in six major U.S. ports by Dubai Ports World and of Unocal by the China National Offshore Oil Corporation sparked intense concerns among some Members of Congress and the public and has reignited the debate over what role foreign acquisitions play in U.S. national security. The United States actively promotes internationally the national treatment of foreign firms. Several Members of Congress have introduced various measures during the 2nd Session of the 109th Congress that can be grouped into four major areas: those that deal specifically with the proposed Dubai Ports World acquisition; those that focus more generally on foreign ownership of U.S. ports; those that would amend the CFIUS process; and those that would amend the Exon-Florio process.

The Committee on Foreign Investment in the United States Cfius

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Author :
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781539454816
Total Pages : 38 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis The Committee on Foreign Investment in the United States Cfius by : Congressional Research Congressional Research Service

Download or read book The Committee on Foreign Investment in the United States Cfius written by Congressional Research Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2016-08-12 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee on Foreign Investment in the United States (CFIUS) is comprised of nine members, two ex officio members, and other members as appointed by the President representing major departments and agencies within the federal executive branch. While the group generally has operated in relative obscurity, the proposed acquisition of commercial operations at six U.S. ports by Dubai Ports World in 2006 placed the group's operations under intense scrutiny by Members of Congress and the public. Prompted by this case, some Members of the 109th and 110th Congresses questioned the ability of Congress to exercise its oversight responsibilities given the general view that CFIUS's operations lack transparency. Other Members revisited concerns about the linkage between national security and the role of foreign investment in the U.S. economy. Some Members of Congress and others argued that the nation's security and economic concerns have changed since the September 11, 2001, terrorist attacks and that these concerns were not being reflected sufficiently in the Committee's deliberations. In addition, anecdotal evidence seemed to indicate that the CFIUS process was not market neutral. Instead, a CFIUS investigation of an investment transaction may have been perceived by some firms and by some in the financial markets as a negative factor that added to uncertainty and may have spurred firms to engage in behavior that may not have been optimal for the economy as a whole. On July 12, 2016, Senator Charles Grassley introduced S. 3161 to include the Secretary of Agriculture as a permanent member of the CFIUS and to include the national security impact of foreign investments on agricultural assets as part of the criteria the Committee uses in deciding to recommend that the President block a foreign acquisition.

US National Security and Foreign Direct Investment

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Author :
Publisher : Peterson Institute
ISBN 13 :
Total Pages : 236 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis US National Security and Foreign Direct Investment by : Edward Montgomery Graham

Download or read book US National Security and Foreign Direct Investment written by Edward Montgomery Graham and published by Peterson Institute. This book was released on 2006 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines foreign direct investment (FDI) in the United States, the national security concerns associated with this investment, and treatment of these concerns under US policy. This book asks whether the Committee on Foreign Investments in the United States (CFIUS) process can be improved and answers in the affirmative.Does foreign ownership of American businesses pose a threat to the United States (like the abortive attempt by CNOOC, a Chinese company, to purchase Unocal during the summer of 2005)? This important new book examines foreign direct investment (FDI) in the United States, the national security concerns associated with this investment, and treatment of these concerns under US policy. It asks whether the Committee on Foreign Investments in the United States (CFIUS) process can be improved and answers in the affirmative. The book starts by looking at the review process for foreign takeovers of US firms (including a historical review), looks at the economic and political impact on the United States of foreign direct investment, takes a detailed look at issues relating to FDI posed by the rise of China as an economic and geopolitical power and finally suggests some changes to the Exon-Florio process.

Foreign Investment and National Security: Economic Considerations

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Publisher : DIANE Publishing
ISBN 13 : 1437931502
Total Pages : 26 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Foreign Investment and National Security: Economic Considerations by : James K. Jackson

Download or read book Foreign Investment and National Security: Economic Considerations written by James K. Jackson and published by DIANE Publishing. This book was released on 2010 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report assesses recent international developments as the leaders from a number of nations work to reach a consensus on an informal set of best practices regarding national restrictions on foreign investment for national security purposes. This report also provides one possible approach for assessing the costs and benefits involved in using national policies to direct or to restrict foreign direct investment for national security reasons.

Balancing Power without Weapons

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Publisher : Cambridge University Press
ISBN 13 : 1107181860
Total Pages : 377 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Balancing Power without Weapons by : Ashley Thomas Lenihan

Download or read book Balancing Power without Weapons written by Ashley Thomas Lenihan and published by Cambridge University Press. This book was released on 2018-03-22 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the non-military military means through which states intervene to balance the economic and military power of other states. Also available as Open Access.

National Security Review of Foreign Investment

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Author :
Publisher : Routledge
ISBN 13 : 9781032237572
Total Pages : 272 pages
Book Rating : 4.2/5 (375 download)

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Book Synopsis National Security Review of Foreign Investment by : Cheng Bian

Download or read book National Security Review of Foreign Investment written by Cheng Bian and published by Routledge. This book was released on 2021-12-13 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph answers a central research question of how domestic law should be formulated to adequately protect national security of the host state whilst posing minimum negative impacts to the free flow of cross-border investment.

Foreign Investment, Strategic Assets and National Security

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Publisher :
ISBN 13 : 9781780686233
Total Pages : 0 pages
Book Rating : 4.6/5 (862 download)

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Book Synopsis Foreign Investment, Strategic Assets and National Security by : Carlos Esplugues Mota

Download or read book Foreign Investment, Strategic Assets and National Security written by Carlos Esplugues Mota and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the time of a paradigm change Foreign Investment, Strategic Assets and National Security is a timely analysis of the changing attitude towards foreign investment in major economies, namely the United States of America, the People's Republic of China, Australia, Canada, and Germany, France and the United Kingdom as representatives of the European Union.Foreign investment has grown steadily for decades, and the de-regulation of international trade and investment was a widely accepted trend, particularly in developed countries. Increasingly, however, this development is encountered by opposition. Globalisation and socio-economic effects of mergers and acquisitions of domestic firms by foreign investors receive less support from the general public. Concerns about national security, protection of new technologies and competitiveness are raised. This leads national and regional legislators to develop new mechanisms to control foreign investments, particularly in light of national security. The widely adopted and traditional ex post approach linked to investment treaties is now enhanced by an increased focus on the phase prior to the actual implementation of the investment.This legal development and the new screening systems are captured in this book and it is explained how the present paradigm change is affecting the legal rules in practice. It is a must read for everyone working in the field.

Report of the Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China

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Publisher :
ISBN 13 :
Total Pages : 3 pages
Book Rating : 4.:/5 (992 download)

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Book Synopsis Report of the Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China by : United States. Congress. House. Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China

Download or read book Report of the Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China written by United States. Congress. House. Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China and published by . This book was released on 1999 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transmittal letter.

Foreign Investment and National Security

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Author :
Publisher : Council on Foreign Relations Press
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Foreign Investment and National Security by : Alan P. Larson

Download or read book Foreign Investment and National Security written by Alan P. Larson and published by Council on Foreign Relations Press. This book was released on 2006 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report makes recommendations for reforming the Committee on Foreign Investment in the United States (CFIUS) and examines how the administration and Congress can reassure foreign investors of U.S. openness and address growing anxieties in other countries.

Multinationals and the National Interest

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Publisher : Congress
ISBN 13 : 9780160419430
Total Pages : 184 pages
Book Rating : 4.4/5 (194 download)

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Book Synopsis Multinationals and the National Interest by : United States. Congress. Office of Technology Assessment

Download or read book Multinationals and the National Interest written by United States. Congress. Office of Technology Assessment and published by Congress. This book was released on 1993 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enforcing Competition Rules in South Africa

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781953759
Total Pages : 299 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Enforcing Competition Rules in South Africa by : David Lewis

Download or read book Enforcing Competition Rules in South Africa written by David Lewis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fascinating book describes and analyses the development of competition law in South Africa, promoting a deeper understanding of the development of this foundational economic law within its specific national, social and economic context. Enforcing Competition Rules in South Africa is a clear and insightful account of the establishment and first decade of one of the most successful competition law institutions to have mushroomed over the past 15 years. David Lewis believes that, while there is much to learn from international scholarship and jurisprudence and from participation in the various multinational initiatives in this field, competition law and its institutions have to be understood within their national economic and social contexts. Drawing strongly on case law and enforcement experiences, this book will appeal to academics, researchers and practitioners of competition law and economics.

National Security Review of Foreign Investment

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Author :
Publisher : Routledge
ISBN 13 : 1000046311
Total Pages : 239 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis National Security Review of Foreign Investment by : Cheng Bian

Download or read book National Security Review of Foreign Investment written by Cheng Bian and published by Routledge. This book was released on 2020-03-19 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, China, the US, and the EU and its Member States have either promulgated new national laws and regulations or drastically revised existing ones to exert more rigorous government control over inward foreign direct investment (FDI). Such government control pertains to the establishment of an ex-ante review regime of FDI in the host state in sectors that are considered as ‘sensitive’ or ‘strategic’, with an aim to mitigate the security-related implications. This book conducts a systematic and up-to-date comparative study of the national security review regimes of China, the US, and the EU, using Germany as an exampling Member State. It answers a central research question of how domestic law should be formulated to adequately protect national security of the host state whilst posing minimum negative impacts to the free flow of cross-border investment. In addition to analyzing the latest development of the national security review regimes in aforementioned jurisdictions and identifying their commonalities and disparities, this book establishes a normative framework regarding the design of a national security review regime in general and proposes specific legislative recommendations to further clarify the law. This book will be of interest to scholars in the field of international and comparative investment law, investors who seek better compliance programs in the host state, and policymakers who aim for high-quality regulation on foreign investment.

U.S. Regulation of the International Securities and Derivatives Markets

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Author :
Publisher : Aspen Law & Business Publishers
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis U.S. Regulation of the International Securities and Derivatives Markets by :

Download or read book U.S. Regulation of the International Securities and Derivatives Markets written by and published by Aspen Law & Business Publishers. This book was released on 2002 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: