We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
THE EXPANDING REACH OF THE EXECUTIVE IN FOREIGN DIRECT INVESTMENT: HOW RALLS V. CFIUS WILL ALTER THE FDI LANDSCAPE IN THE UNITED STATES.
- Authors
DEELEY, HUNTER
- Abstract
The Committee on Foreign Investment in the United States ("CFIUS" or the "Committee") is a little known regulatory body in the Treasury Department with an almost limitless mandate: protect the nation's security from threats arising from Foreign Direct Investment ("FDI"). CFIUS began through Presidential Order as a tiny interagency body that would monitor investment trends and advise on related policy decisions. Despite objections from the Committee, Congress increased CFIUS's power over the years in response to growing concerns over the influx of foreign capital. At various points, the President attempted to head off a Legislative fix with an Executive Order that reflected a concern for remaining open to foreign investment. It wasn't enough. This Comment discusses the evolution of CFIUS from its role as a monitoring body to its present day position as a gatekeeper to the U.S. economy. With the recent Ralls v. CFIUS court ruling affirming the President's broad authority to suspend or prohibit certain transactions for national security reasons, the Committee will only grow stronger as more companies submit proposed investments for review out of an abundance of caution. Following the Ralls ruling, if the Committee hopes to promote a climate of open investment, it will need to adapt and provide a more clarified position on what is subject to review. "We might as well face the situation. We cannot supply all the required capital in the United States. We must look to European countries for assistance, and while this demand for capital continues, we should be most careful not to frighten that capital from our shores".
- Subjects
UNITED States; FOREIGN investment lawsuits; UNITED States. Dept. of the Treasury; RALLS Corp.; COMMITTEE on Foreign Investment in the United States; NATIONAL security; ACTIONS &; defenses (Law)
- Publication
American University Business Law Review, 2015, Vol 4, Issue 1, p125
- ISSN
2168-6890
- Publication type
Article