Study On National Security Review Process For Foreign Investment In The United States

Since the founding of the United States,it has been a favorite investment market for investors from all over the world.While enjoying the economic benefits brought by foreign investment,America also endangers the threat of national security brought by foreign investment.In order to prevent the monopoly of foreign capital and the spillover of key technologies,the United States first established the national security review system of foreign investment and then gradually developed into a more perfect system for foreign investment today,many of which are worth exploring.Based on the procedure of national security review of foreign investment,this article analyzes the historical development,process and focus of the national security review procedure of U.S.foreign investment deeply,compares it with the national security review procedure of China's foreign investment,balances the advantages and disadvantages,National conditions,put forward the legislative proposal for perfecting the national security screening procedure in accordance with the " Foreign Investment Law of the People's Republic of China(draft for comments)" promulgated by the Ministry of Commerce in 2015.This article consists of an introduction and a four-part body.The introduction expounds the significance of studying the national security review process of foreign investment in the United States and the literature review at home and abroad,as well as the research methods and innovations of this article.The body is divided into four parts.The first part elaborates the legislative process of the U.S.national foreign investment review of the national security.It introduces the historical development of the U.S.national security review process of foreign investment in detail,and the establishment of the reviewing authority and the main legal sources.The second part is an in-depth study of the operation of the U.S.national foreign investment security review process and the details of the timeline of the security audit process.From the voluntary notice and the organization to inform the two kinds of censorship and startup procedures,to the review by the review agency Foreign Investment Committee to determine whether there is a national security risk of the first trial phase and the formal investigation phase,to review the decision-making body to review the decision of the president,in accordance with the time line clear procedures Process details.The third part analyzes several key issues in the process of national security review of foreign investment in the United States,the pre-review non-formal consultation procedure,the procedure of reviewing the withdrawal and review of declarations,the risk mitigation mechanism and the oversight mechanism of the Congress,Review deadlines and review transparency.In the fourth part,according to the status quo of legislation and the trend of new legislation in China's national security review procedures for foreign investment,this paper compares the security procedures between China and the United States and puts forward some suggestions on how to perfect the legislation on the national security review procedures for foreign investment in PRC.