Comparing China’s New Measures on National Security Review of Foreign Investments with the U.S. CFIUS Review Process

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On November 27, 2020, China’s National Development and Reform Commission (the “NDRC”) and Ministry of Commerce (“MOFCOM”) issued The Measures for the Security Review of Foreign Investments (the “Measures”), in an effort to formalize the framework of China’s national security review of foreign investments (“China’s NSR”).  The Measures will take effect on January 18, 2021. This Alert provides a high-level summary of the Measures, as compared to similar measures in the U.S., namely the CFIUS review process.

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