欧盟及其成员国外资安全审查制度改革与中国的应对策略

How Should China React to the Foreign Investment Screening Reform of the European Union and Its Major Member States?

从2017年开始,西方国家陆续启动对外国投资的国家安全审查改革。本文概述欧盟及其主要成员德国和英国的外资安全审查制度改革情况,分析改革的特点和影响。欧盟及其主要成员的外资安全审查改革,特别关注高技术产业投资和具有外国政府背景的投资者,呈现出日益收严的对欧投资趋势。受限于其体制因素,欧盟的外资安全审查仍存在制度性“洼地”。我国企业应密切关注欧盟及其成员国外资安全审查改革进展,做好法律筹划。我国政府应适度扩大投资领域的对外开放,并借鉴欧盟国家的外资安全审查经验,提升对我国敏感行业外商投资的事中、事后监管能力。

Since 2017,major western countries have started domestic reforms of their foreign investment screening mechanisms.This paper outlines the reform of the European Union and two of its major member states,Germany and the UK,and analyses the features and influence of these reforms.The foreign investment screening mechanisms of the EU and its major member states are becoming more stringent and are shifting focus onto foreign investment in high-tech sectors and investors with a foreign government background.There are reasonable grounds to believe that some of the reforms are encouraged by an increasingly hostile view against Chinese investment in the EU.But in light of the EU’s constitutional structure,it is still possible to maneuver within the room allowed by the new legal framework.This paper suggests that Chinese enterprises with an interest of investing in the EU countries keep a close eye on the legislative progress and make the investment plan accordingly.The Chinese government should further open up its domestic market to foreign investment,and may consider borrowing good regulatory practices from the EU and its member states.