(单词翻译:单击)
"Foreign mergers3 and acquisitions (M&As) of domestic companies or foreign capital invested in domestic companies in other forms should be examined if the cases are related to national security," said the draft submitted to the 28th session of the Standing4 Committee of the National People's Congress (NPC).
There is already a national-security check framework in place for foreign M&As, but it has been included in draft legislation for the first time.
According to a regulation jointly5 issued by six government agencies late last year, foreign investors6 have to apply for approvals from the Ministry7 of Commerce when their purchases of domestic companies affect national economic security, are in key sectors8 or lead to the transfer of operating rights of famous domestic brands.
The legislative9 move reflects the government's efforts at clarifying the legal framework for foreign M&As, said Meng Jianbing, an expert with Seafront Law Office in Beijing, adding that lawmakers are learning from other countries such as the United States on how to protect national security.
The requirement was added to the long-awaited anti-monopoly law against the backdrop of a fast-rising number of foreign M&As as well as foreign companies acquiring major State-owned enterprises or companies with famous brands.
One case which has drawn10 widespread attention is US private equity11 firm Carlyle Group's attempted takeover of Xugong Construction Machinery12, which did not pass regulatory hurdles13 following fears that China is selling strategic companies to foreign investors.
According to official statistics, foreign M&As accounted for 5 percent of all forms of foreign direct investment annually14 up to 2004 but increased dramatically to 11 percent in 2004 and nearly 20 percent in 2005.
Zhang Yansheng, director of the International Economic Research Institute affiliated15 to the National Development and Reform Commission, said it is crucial that foreign purchases of domestic firms go through security as well as anti-monopoly checks.
But "the situation needs to be spelt out in more detail. For example, what kind of merger2 cases are related to national security"?
The draft anti-monopoly law, which aims to provide for fair competition, was submitted for first review in June 2006.
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1
mandatory
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| adj.命令的;强制的;义务的;n.受托者 | |
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2
merger
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| n.企业合并,并吞 | |
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3
mergers
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| n.(两个公司的)合并( merger的名词复数 ) | |
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4
standing
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| n.持续,地位;adj.永久的,不动的,直立的,不流动的 | |
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5
jointly
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| ad.联合地,共同地 | |
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6
investors
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| n.投资者,出资者( investor的名词复数 ) | |
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7
ministry
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| n.(政府的)部;牧师 | |
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8
sectors
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| n.部门( sector的名词复数 );领域;防御地区;扇形 | |
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9
legislative
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| n.立法机构,立法权;adj.立法的,有立法权的 | |
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10
drawn
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| v.拖,拉,拔出;adj.憔悴的,紧张的 | |
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11
equity
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| n.公正,公平,(无固定利息的)股票 | |
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12
machinery
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| n.(总称)机械,机器;机构 | |
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13
hurdles
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| n.障碍( hurdle的名词复数 );跳栏;(供人或马跳跃的)栏架;跨栏赛 | |
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14
annually
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| adv.一年一次,每年 | |
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15
affiliated
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| adj. 附属的, 有关连的 | |
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