美国CFIUS的外资并购审查与应对策略

Review of Foreign Merger and Acquisition and Coping Strategies on U.S CFIUS

经过30多年的变革和发展,美国CFIUS的外资并购审查制度日益完备和严格。近年来,由于受CFIUS安全审查的限制,我国"走出去"的企业如中海油、华为、鞍钢、西色公司等对目标公司的收购都以失败告终。要规避赴美收购中的法律风险,应从深化国有企业改革、加强交流与游说、建立支持机制、选择并购对象、制定并购策略等方面着手。

To make an advanced economic development, more and more Chinese enterprises have gone to American free trade market to hunt for more commercial opportunities for the 30 years. To acquire or takeover an appropriate American local corporation often becomes the first step to achieve the oversea business goals. However, there are legal risks in the process of M＆A, such as in Huawei case, northwest case and so on. In this paper, in order to overcome these legal risks, the practical implication is safely concluded for Chinese investors, such as state owned enterprises reformation, the enhancement of commu- nication and so on.