Legal Research On Safety Review Of Key Technologies In The United States

From the "Foreign Investment and National Security Act"(hereinafter referred to as FINSA)to the "Foreign Investment Risk Review Modernization Act",the United States has continuously increased its security review of key technologies,and the scope of key technologies has continued with the development of economy,society,and technology.Expansion,the U.S.laws and regulations on critical technology security review have been revised several times to form a relatively complete review system.The earliest critical technology safety review can be traced back to the "Exon Florio Amendment" promulgated by the United States in 1988.Although there is no explicit provision for critical technology review in the bill,the amendments originated from Japanese companies’ Acquisition of Fairchild Semiconductor Corporation of the United States.In 2007,the United States formally determined the security review of key technologies in the form of law,clarifying that CFIUS exercises the review power of key technologies as part of the national security review,and the scope of review roughly includes military,national defense,biochemical and other fields.In 2018,the United States issued the "Foreign Investment Risk Assessment Modernization Act"(hereinafter referred to as FIRRMA).FIRRMA further clarified the scope of review of key technologies,combined with recent world development trends,added emerging and basic technologies and launched a "pilot program".The plan adds 27 sensitive industries related to key technologies,conducts key review of these 27 industries,and stipulates a mandatory declaration system for investment and mergers in key technology fields.This article focuses on analyzing the development process of the United States in key technical fields,and researches the new security review system for key technologies in FIRRMA.Based on the research on the safety review of key technologies in the United States,it analyzes its enlightenment to China’s legislation in related fields and what aspects my country can learn from.In addition,it analyzes our country’s current legislation in key technology fields,and how to attract foreign investment in our country in related fields while protecting the sound development of our country’s key technologies,so that our country’s key technologies can enter a virtuous circle.