浅谈加拿大投资审查及中国国有企业如何应对

How Chinese state-owned enterprises can effectively handle review by Investment Canada

介绍加拿大政府投资审查的历史、《加拿大投资法》基本内容、投资义务承诺、投资法审查标准。指出未来加拿大投资审查对"国有企业"定义有更宽泛解释、更低的审核起点、更长的审查时间、更多的材料准备以及更多的义务承诺。为应对以上情况,中国企业应加强媒体公关,树立良好的企业形象;及时充分与投资审查局沟通;在政府审批中聘用专业律师事务所及公关顾问;积极探索新的并购途径。

Nexen's takeover by CNOOC in 2013 sparked heated debate in Canada. The Government of Canada strengthened its review of investments by state-owned enterprises and introduced stricter reviewing standards and boarder investment undertaking requirements by amending related laws and regulations even though it had approved the CNOOC-Nexen deal. Investment Canada review is one of the key steps Chinese state-owned enterprises need to go through if they intend to make a direct investment in Canada. The Government of Canada has a long history of investment review, governed by the Investment Canada Act, which provides the legal authority to require investment undertakings and to set the standard for investment review. Future investment in Canada by state-owned enterprises may have a lower review trigger, a longer reviewing period, more documentation and more required undertakings. Chinese state-owned enterprises need to manage media and public relations well, establish a good company profi le, communicate effi ciently with the Investment Review Division, and engage lawyers and PR consultants accomplished in the investment review process, in order to obtain timely Government of Canada investment approval. Chinese state-owned enterprises should also consider ways to invest in Canada other than traditional direct investment.