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Amendments to Expand Foreign Acquisition Review Process

AT ISSUE : 

Over the last several years, Congress has increased its scrutiny of cross-border acquisitions of U.S. companies. Several high-profile deals, including Dubai Ports World’s acquisition of several U.S. ports in 2006, provoked concerns on Capitol Hill regarding the national security review process of such transactions and the interagency body responsible for the reviews, the Committee on Foreign Investment in the United States (CFIUS).  After a comprehensive debate on the issue, Congress passed legislation aimed at restoring reliability and credibility to the system.  The Foreign Investment and National Security Act (FINSA) was signed into law during the summer of 2007.  OFII, Business Roundtable, the Financial Services Forum and the U.S. Chamber of Commerce supported the final passage of FINSA and have applauded the bi-partisan efforts to restore confidence to CFIUS and the national security review process.  OFII continues to work to ensure the review process remains focused on issues of true national security concerns.

OFII DOCUMENTS:

Coalition Comments on Proposed CFIUS Regulations June 9, 2008
Business Roundtable, The Financial Services Forum, the Organization for International Investment and the U.S. Chamber of Commerce

Business Community Statement on Release of Proposed FINSA Regulations April 21, 2008
Business Roundtable, The Financial Services Forum, the Organization for International Investment and the U.S. Chamber of Commerce

Business Groups’ Issue Statement on Foreign Investment/National Security Executive Order
January 23, 2008
Business Roundtable, The Financial Services Forum, the Organization for International Investment and the U.S. Chamber of Commerce

Business Community Statement on HOUSE Passage of CFIUS Legislation July 11, 2007
Business Roundtable, The Financial Services Forum, the Organization for International Investment and the U.S. Chamber of Commerce

OFII and Other Major Business Associations Send Letter to Members of the House Urging Support for
H.R. 556
February 27, 2007

OFII, Business Roundtable, Financial Services Forum and U.S. Chamber of Commerce Issue Statement on House Committee on Financial Services Mark-up of CFIUS Reform Legislation February 14, 2007

Todd M. Malan, OFII President & CEO Testifies Before House Committee on Financial Servicies

February 7, 2007

Business Groups Commend House Introduction of CFIUS Reforms to Enhance National Security and Stabilize Business Environment January 17, 2007

OFII, Business Roundtable, Financial Services Forum and U.S. Chamber of Commerce sent Letter to Treasury Secretary Paulson on CFIUS "Evergreen" Condition
December 6, 2006

OFII, Business Roundtable, U.S. Chamber of Commerce and Other Associations Send Letter to Senate Banking Committee Post Mark-up of CFIUS Reform Legislation March 30, 2006

OFII, Business Roundtable, U.S. Chamber of Commerce and Other Associations Send Letter to Senate Banking Committee on Discussion Draft of CFIUS Reform Legislation March 29, 2006

Todd M. Malan, OFII President & CEO Testifies Before House Committee on Financial Services, Subcommittee on Domestic and International Monetary Policy, Trade and Technology March 1, 2006

OFII and Other Major Associations Send Letter to Banking Chairman Shelby and Ranking Member Sarbanes September 27, 2005

OFII Fact Sheet on CFIUS/Exon-Florio July 2005

OTHER:

Proposed FINSA Regulations April 21, 2008
Department of Treasury

Dodd/Shelby Letter to President Bush Commending Action on CFIUS January 29, 2008

Executive Order: Further Amendment of Executive Order 11858 Concerning Foreign Investment in the United States, January 23, 2008

Frank Statement on Executive Order Regarding CFIUS Process, January 23, 2008

Secretary Paulson Statement on Foreign Investment and National Security Act, July 26, 2007

President Bush Signs Foreign Investment and National Security Act of 2007, July 26, 2007

U.S. Treasury Deputy Secretary Kimmitt Statement on Passage of CFIUS Reform Legislation
Treasury Department, July 2007

Exon-Florio/CFIUS Investigation Process: Flow Chart
Treasury Department, February 2007

The National Security Foreign Investment Reform and Strengthened Transparency Act of 2007
H.R. 556 (as passed by the House of Representatives)

February 28, 2007

Swinging the Pendulum Too Far:
An Analysis of the CFIUS Process Post-Dubai Ports World

BY David Marchick
National Foundation for American Policy, January 2007