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对美并购过程中,在交易前充分认识CFIUS的审查风险,采取更为保守与谨慎的态度应对CFIUS审查,并在交易文件中约定风险分配机制,应成为“走出去”企业的首选策略。进入2016年以来,在中国企业如火如荼的对外投资浪潮中,对美并购尤为“抢眼”。根据Dealogic的数据,截至5月初,中国企业宣布的对美投资已超过300亿美元,占同期中国企业对外投资总额的1/3。对美投资过程中,政府
During the merger and acquisition of M & A, CFIUS should fully understand the review risk prior to the transaction, take a more conservative and cautious approach to the CFIUS review, and agree on the risk allocation mechanism in the transaction documents, which should become the preferred strategy for “going out” enterprises . Since entering 2016, among the wave of foreign investment in full swing by Chinese enterprises, it is particularly “eye-catching” for U.S. M & A. According to Dealogic, as of early May, Chinese companies announced more than 30 billion U.S. dollars of U.S. investment in the United States, accounting for about one-third of the total overseas investment made by Chinese enterprises in the same period. In the process of investment in the United States, the government