The Research On National Security Review Of Cross-border M&A And The Revelation Of China’s Overseas M&A

With the development of economic globalization, cross-border mergers andacquisitions has become the main form of international market resource sharing, andgradually establish and continue to improve in the national legislation on cross-bordermergers and acquisitions for national security, trade protection measures have emerged.National security review is just one of them. The host country for the protection of thedomestic market and the purpose of local enterprises, often by the name of nationalsecurity review, a more stringent review of the "threat" of China’s overseas M&A, andeven willing to bear the huge economic losses to prevent successful mergers andacquisitions. How Chinese companies will face risks and challenges converted to thelegal aspects of the problem, and successfully passed the national security review of thehost country, is the main research purpose and significance.Through legal analysis and case study analysis method of combining the nationalsecurity review of China’s overseas M&A encounter national security review of thecross-border mergers and acquisitions from the following four parts:The first part is an overview of the national security review system for cross-bordermergers and acquisitions. Expand a basic introduction to the national security reviewsystem by describing the basic concepts of national security and cross-border mergersand acquisitions in the definitions, characteristics, classification. And o internalmotivation and external environment, Chinese companies have chosen to cross-bordermergers and acquisitions taken abroad strategic significance, Encounter foreigncountries and overseas M&A security review system challenges.The second part has a depth study and comparison of national security reviewsystem. To countries foreign mergers and acquisitions the emergence and developmentof the national security review system; States on national security review system for thephysical element of the procedural elements and relief system; Think about the core issues of national security review system that "national security" and "national interest"relationship, discussion of "national security" ability to form international standards.The third part described the case of Chinese enterprises overseas mergers andacquisitions. Including information on the characteristics of overseas mergers andacquisitions in China Huawei merger U.S. technology company3Leaf hindered case toresolve national security review system operational procedures and practices; the plightof Chinese enterprises overseas mergers and acquisitions in the context of foreignnational security review system is explained on this basis.The fourth part presents our response to the foreign national security review systemresponse. Includes three aspects, First, we will deal with the basic principles of theforeign national security review; the second is the combination of the characteristics andtrends of the laws and regulations of the national security review system. The third is toprotect the interests of their overseas investment by the government’s macro-levelbehavior in the framework of the national security review system.In short, Cross-border mergers and acquisitions across borders and lead to itsinherent complexity, National security review system is only completion of the Chineseenterprises overseas M&A activity disorders of the tip of the iceberg, Chineseenterprises how to successfully complete the M&A activity in a foreign country, Alsoneed further exploration and reflection in practice.