Regulation of Foreign Direct Investment After the Dubai Ports Controversy: Has the U.S. Government Finally Figured out How to Balance Foreign Threats to National Security Without Alienating Foreign Companies?
The Journal of Corporation Law 2008, Fall, 34, 1
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I. INTRODUCTION Congress has consistently struggled with balancing regulation of foreign direct investment (FDI) so as to protect the national security of the United States while promoting foreign investment that improves the U.S. economy. Congress has often enacted these FDI regulations in response to a real or perceived threat to national security. Congress passed the latest installment of FDI regulation, the Foreign Investment and National Security Act of 2007 (FINSA), and it became effective in October 2007. (1) Part II of this Note examines the history of the specific laws that Congress has passed to regulate FDI, the threats to national security that prompted congressional action, and the details of the current law after FINSA.
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