[deport]

The above is from the US Treasury and gives an overview of the process regarding Foreign Direct Investments in the US. In addition other info can be found at the following two links:

Code of Federal Regulations.. PART 800—REGULATIONS PERTAINING TO MERGERS, ACQUISITIONS, AND TAKEOVERS BY FOREIGN PERSONS

US CODE, TITLE 50, APPENDIX App. > DEFENSE > ACT > TITLE VII > § 2170 Prev | Next § 2170. Authority to review certain mergers, acquisitions, and takeovers

Code of Federal Regulations.. PART 800—REGULATIONS PERTAINING TO MERGERS, ACQUISITIONS, AND TAKEOVERS BY FOREIGN PERSONS

[kiriath_jearim]

Thanks for the post.

[Howlin]

Bump.

[onyx]

BTTT

Good researched info here.

[calcowgirl]

Question. I read this Act a few times yesterday and couldn't figure out how it even applies to the DPW acquisition. DPW is acquiring P&O, a publicly traded British firm. How does Exon-Florio apply?

The Statute. Section 5021 of the Omnibus Trade and Competitiveness Act of 1988 amended Section 721 of the Defense Production Act of 1950 to provide authority to the President to suspend or prohibit any foreign acquisition, merger or takeover of a U.S. corporation that is determined to threaten the national security of the United States. The President can exercise this authority under section 721 (also known as the "Exon-Florio provision") to block a foreign acquisition of a U.S. corporation only if he finds:

[Smartaleck]

If the law, which the WH followed is crap, the question remains, when will Congress accept responsibility for a crappy law?

Of note, there has been much ado about the President didn't know the implication being he's out of the loop or stupid yet -
"This order also provides for CFIUS to submit a report and recommendation to the President *****at the conclusion of an investigation."****

In other words, he didn't know by design!!!