Exon-Florio National Security Test for Foreign Investment PDF Download

Author:
Publisher: DIANE Publishing
ISBN: 143793188X
Category :
Languages : en
Pages : 23

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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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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.

Author: James K. Jackson
Publisher:
ISBN:
Category : Consolidation and merger of corporations
Languages : en
Pages : 20

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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.

Author: Congressional Research Service: The Libr
Publisher: BiblioGov
ISBN: 9781293274637
Category :
Languages : en
Pages : 30

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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.

Author: James K Jackson
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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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.

Author: James K. Jackson
Publisher:
ISBN: 9781437927078
Category :
Languages : en
Pages : 21

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CFIUS is comprised of 9 members, two ex officio members, and other members as appointed by the Pres. representing major departments and agencies within the Exec. 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. Contents of this report: Background; Establishment of CFIUS; The ¿Exon-Florio¿ Provision; Treasury Dept. Regulations; The ¿Byrd Amendment¿; The Amended CFIUS Process; Procedures; Factors for Consideration; Confidentiality Require.; Mitigation and Tracking; Congressional Oversight; CFIUS Since Exon-Florio; Impact of the Exon-Florio Process on CFIUS. Illus.

Author: James K. Jackson
Publisher: DIANE Publishing
ISBN: 1437931502
Category :
Languages : en
Pages : 26

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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.

Author: Edward Montgomery Graham
Publisher: Peterson Institute
ISBN:
Category : Business & Economics
Languages : en
Pages : 236

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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.

Author: Ashley Thomas Lenihan
Publisher: Cambridge University Press
ISBN: 1107181860
Category : Business & Economics
Languages : en
Pages : 377

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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.

Author: United States. Congress. House. Select Committee on U.S. National Security and Military/Commercial Concerns with the People's Republic of China
Publisher:
ISBN:
Category : China
Languages : en
Pages : 3

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Transmittal letter.