U.S. Regulation of Investment by State-Controlled Entities

11 Pages Posted: 13 Oct 2015 Last revised: 5 Apr 2021

See all articles by Paul Rose

Paul Rose

Ohio State University - Moritz College of Law; Bocconi University - BAFFI Center on International Markets, Money, and Regulation; Tufts University - The Fletcher School of Law and Diplomacy; FundaciĆ³n Instituto de Empresa, S.L. - IE Business School

Date Written: October 12, 2015

Abstract

At the center of foreign investment regulation in the United States is a critical but relatively quiet committee of executive agencies: the Committee on Foreign Investment in the United States. This committee serves an increasingly important role as the U.S. draws hundreds of billions in foreign investment every year, some of it coming from state-controlled entities such as sovereign wealth funds, state-controlled pension funds, and state-owned enterprises. U.S. regulation of investment by these state-controlled and affiliated entities is continually evolving to meet the changing foreign investment landscape. This Note reviews the process of review, recent changes in the process, and the continued evolution of foreign investment regulation in the U.S., particularly as it applies to investment by state-controlled and affiliated entities.

Keywords: state-owned enterprises, sovereign wealth funds, CFIUS, foreign investment

JEL Classification: K2, K20, K22, K33

Suggested Citation

Rose, Paul, U.S. Regulation of Investment by State-Controlled Entities (October 12, 2015). 31 ICSID Review 77 (2016), Ohio State Public Law Working Paper No. 311, Available at SSRN: https://ssrn.com/abstract=2673086 or http://dx.doi.org/10.2139/ssrn.2673086

Paul Rose (Contact Author)

Ohio State University - Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Bocconi University - BAFFI Center on International Markets, Money, and Regulation ( email )

Milano, 20136
Italy

Tufts University - The Fletcher School of Law and Diplomacy ( email )

Medford, MA 02155
United States

FundaciĆ³n Instituto de Empresa, S.L. - IE Business School ( email )

Calle Maria de Molina 12, Bajo
Madrid, Madrid 28006
Spain

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