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After Dubai Ports World Investing
in the United States should be easier.
Editorial
KEEPING AMERICA a magnet for foreign investment
should be an obvious national priority. Flows of foreign
cash provide the U.S. economy with valuable capital
and access to innovation, and they help mitigate the
country's large trade deficit. U.S. policymakers aggressively
hawk the benefits of a liberal investment climate to
other countries.
But since the hysteria of a year ago over
Dubai Ports World proposing to manage some U.S. seaports,
the Committee on Foreign Investment in the United States
(CFIUS), the federal panel responsible for ensuring
that national security interests are not harmed by foreign
acquisition of U.S. assets, seems to have slid in the
opposite direction. A recent study by David Marchick,
a former Clinton State Department official, concluded
that the CFIUS approval process has become overly difficult
and increasingly uncertain, making it riskier for non-Americans
to invest in the country.
In 2006, Mr. Marchick found, voluntary
filings of paperwork with the committee were up dramatically,
indicating that foreign investors are increasingly worried
about possible CFIUS scrutiny. The committee opted to
conduct many more time-consuming second-stage investigations
of proposed transactions than in years past, leading
to more investors withdrawing during the approval process.
And the Financial Times reported last week that CFIUS
is threatening to impose enormous penalties on companies
that violate even minor points in agreements brokered
by the panel. These are bad signs.
Enter the House of Representatives, which
unanimously passed a bill Wednesday designed to revamp
the CFIUS approval process. By making the committee's
procedures explicit in statute, the bill would usefully
allow foreign investors to plan with some assurance.
Especially given its provenance in the Dubai Ports World
controversy, the bill, introduced by Rep. Carolyn B.
Maloney (D-N.Y.) and shepherded through the House by
Finance Committee Chairman Barney Frank (D-Mass.), represents
sensible middle ground.
Now the action moves to the Senate, which
last year passed a needlessly and harmfully stringent
reform bill sponsored by Sen. Richard C. Shelby (R-Ala.).
This year we hope that the Senate emulates the House
in finding a better balance between security and economic
freedom. Sen. Christopher J. Dodd (D-Conn.), the new
chairman of the Banking, Housing and Urban Affairs Committee,
has said that he will introduce CFIUS legislation. He
should do so soon; Americans cannot let their fears
continue to scare off valuable investment.
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