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Kathleen A. Scott, counsel at Arnold & Porter, writes that when one thinks about foreign investment in the United States, transactions by sovereign wealth funds often come to mind. However, investments by non-U.S. banks in U.S. companies also potentially are subject to review under the Exon-Florio Provision, which gives the president the authority to suspend or prohibit the acquisition, merger or takeover of a U.S. "person engaged in interstate commerce" by a non-U.S. person that might threaten the national security of the United States. Recent legislation and proposed regulations to Exon-Florio could affect a potential investment in the United States by a non-U.S. bank.
July 16, 2008 at 12:00 AM
1 minute read
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