澳大利亚外资并购国家安全审查制度的新发展
发布时间：2019-01-30 14:32
【摘要】：澳大利亚政府深感国家安全利益的威胁,加之不断复杂化、具有隐蔽性的金融工具在直接投资领域中广泛运用,原有的法律难于实现对这些新投资工具的统一规制。澳大利亚自2008年以来围绕以上问题,两次大规模修订其1975年《澳大利亚外国收购与接管法》及相关实施细则,并且频繁出台外资政策,这些举措澄清了国家安全的考察因素,完善了对政府及相关投资实体的规定,将新的投资工具纳入到法律规制当中,从诸多方面提高了国家安全审查标准,增强了国家安全审查力度。这些新发展,对我国进一步完善以2011年初颁布的《关于建立外国投资者并购境内企业安全审查制度的通知》为中心建立的外资并购国家安全审查的法律制度有很大启示。
[Abstract]:The Australian government is deeply aware of the threat of the national security interests, as well as the increasing complexity, and the hidden financial instruments are widely used in the field of direct investment, and the original laws are difficult to realize the unified regulation of these new investment instruments. Since 2008, Australia has revised the Australian Foreign takeover and takeover Act 1975 and its relevant implementation rules twice since 2008, and has introduced foreign investment policies frequently. These measures have clarified the investigation factors of national security. The regulations of the government and related investment entities have been perfected, the new investment tools have been brought into the legal regulation, and the national security review standard has been raised from many aspects, and the national security review has been strengthened. These new developments have great implications for China to further improve the legal system of national security review of foreign mergers and acquisitions, which is centered on the "notice on establishing the Safety Review system for domestic Enterprises merger and acquisition by Foreign investors" issued at the beginning of 2011.
【作者单位】： 武汉大学国际法研究所;
【基金】：中欧法学院项目“国际投资法的新发展:全球化背景下中国与欧盟的视角”资助
【分类号】：D961.1;DD912.29
，
本文编号：2418231
[Abstract]:The Australian government is deeply aware of the threat of the national security interests, as well as the increasing complexity, and the hidden financial instruments are widely used in the field of direct investment, and the original laws are difficult to realize the unified regulation of these new investment instruments. Since 2008, Australia has revised the Australian Foreign takeover and takeover Act 1975 and its relevant implementation rules twice since 2008, and has introduced foreign investment policies frequently. These measures have clarified the investigation factors of national security. The regulations of the government and related investment entities have been perfected, the new investment tools have been brought into the legal regulation, and the national security review standard has been raised from many aspects, and the national security review has been strengthened. These new developments have great implications for China to further improve the legal system of national security review of foreign mergers and acquisitions, which is centered on the "notice on establishing the Safety Review system for domestic Enterprises merger and acquisition by Foreign investors" issued at the beginning of 2011.
【作者单位】： 武汉大学国际法研究所;
【基金】：中欧法学院项目“国际投资法的新发展:全球化背景下中国与欧盟的视角”资助
【分类号】：D961.1;DD912.29
，
本文编号：2418231
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