10 Pages Posted: 13 Oct 2008
Date Written: January 10, 2008
This short Comment describes the most important changes to the Exon-Florio CFIUS framework introduced by the National Security Act of 2007 and evaluates the extent to which the updated legislation strikes a reasonable balance between national security concerns and promoting the inflow of foreign capital in the United States. The Comment provides a brief overview of the history of the Committee on Foreign Investments in the United States (CFIUS) and discusses the key criticisms that have been levied against the CFIUS review process. The recent amendments to the CFIUS framework are analyzed in light of several emerging realities in the markets for investment and regulation, including the increased visibility of sovereign wealth funds and the greater interplay between the regulatory frameworks of developed countries seeking to attract foreign investment.
Keywords: sovereign wealth funds, Exon-Florio, CFIUS
Suggested Citation: Suggested Citation
Georgiev, George S., The Reformed CFIUS Regulatory Framework: Mediating Between Continued Openness to Foreign Investment and National Security (January 10, 2008). Yale Journal on Regulation, Vol. 25, 2008. Available at SSRN: https://ssrn.com/abstract=1282197
Reviewing Cross-Border Mergers and Acquisitions for Competition and National Security: A Comparative Look at How the United States, Europe, and China Separate Security Concerns from Competition Concerns in Reviewing Acquisitions by Foreign Entities