@article{ART001373374},
author={KIM MINBAE},
title={National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={45},
pages={243-266}
TY - JOUR
AU - KIM MINBAE
TI - National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -
JO - Public Land Law Review
PY - 2009
VL - 45
IS - null
PB - Korean Public Land Law Association
SP - 243
EP - 266
SN - 1226-251X
AB - This paper is to study national security and investment regulations. Particularly, focus on the Foreign Investment and National Security Act of 2007 examined the relationship between national security and investment regulations.
Chapter 1 explains the background, approach, and scope of this paper.
Chapter 2 discusses trends in foreign investment regulations in major countries. I compared the law of investment regulations of European countries to the United Kingdom Enterprise Act 2002, the Monetary and Financial Law in France, and the Germany's Foreign Trade and Payments Act. And the United States was a study on the investment restrictions related to foreign companies and Exon- Florio, the strengthening of national security and screening, the United States about the performance of the investment restrictions. Regulations related to investment in Japan, it was analyzing Foreign Exchange and Foreign Trade Law, the Unfair Competition Prevention Law.
Chapter 3 discusses the process of enactment 'Foreign Investment and National Security Act of 2007' of the United States. Why did the United States began actively regulated? we are considering the debate on national security and the strengthening of restrictions on corporate takeovers, swing between the United States national security and the acquisition of free enterprise. In particular, the following issues were reviewed ; Protectionism in Congress, worried about protectionism and economic organizations, national security and law revision. In the years 2005 to 2007, companies filed 313 notices of transactions. Roughly eight percent of such notices were withdrawn during the review stage, five percent resulted in an investigation, and less than one percent resulted in a Presidential decision.
In Chapter 4 consider the new criteria for foreign investment in the United States. FINSA and Treasury regulations, CFIUS review process and the committee members, CFIUS transactions being subject to examination and review, and new security standards. Section 721 provides that CFIUS may consider any other factors that the Committee finds appropriate in determining whether a transaction poses national security risk. 'National security considerations' are facts and circumstances, with respect to a transaction, that have potential national security implications and that therefore are relevant for CFIUS to analyze in determining whether a transaction threatens to impair U.S. national security.
Chapter 5 is the conclusion of the paper. I have proposed what it means. That meaning the expansion of national security, meaning of national security and investment regulations.
KW - 국가안전보장(National Security);투자규제(Investment regulations);외국인 투자와 국가안전법(Foreign Investment and National Security Act of 2007);엑슨 플로리오 조항(Exon-Florio provision);미국 대내투자위원회(Committee on Foreign Investments in the United States);산업기술의 유출방지 및 보호에 관한 법률(Act on Leakage Prevention and Protection of Industrial Technology)
DO -
UR -
ER -
KIM MINBAE. (2009). National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -. Public Land Law Review, 45, 243-266.
KIM MINBAE. 2009, "National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -", Public Land Law Review, vol.45, pp.243-266.
KIM MINBAE "National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -" Public Land Law Review 45 pp.243-266 (2009) : 243.
KIM MINBAE. National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -. 2009; 45 243-266.
KIM MINBAE. "National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -" Public Land Law Review 45(2009) : 243-266.
KIM MINBAE. National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -. Public Land Law Review, 45, 243-266.
KIM MINBAE. National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -. Public Land Law Review. 2009; 45 243-266.
KIM MINBAE. National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -. 2009; 45 243-266.
KIM MINBAE. "National security and investment regulations - Focus on the Foreign Investment and National Security Act of 2007 -" Public Land Law Review 45(2009) : 243-266.