The US Foreign Investment Regulation: Trade War Restrictions

Abstract

Over the past several years, the United States has taken a leading position in the world in attractiveness to foreign investors, largely due to the policy of favoring foreign investment and the absence of significant restrictions on incoming FDI. Currently the United States are trying to find a balance between openness to foreign investment and emerging issues related to the economy and national security. As a result of the adoption of the Foreign Investment Risk Review Modernization Act in 2018, the authority of the US Foreign Investments Committee was significantly expanded and the requirements for transactions were tightened, in particular, monitoring and verification of compliance with national security requirements. Despite the fact that these measures affected all incoming FDI in the United States, they are primarily an instrument of competition between the United States and China. Restrictions on outbound investment by China, as well as new requirements on the part of the United States, have significantly reduced the flow of FDI from China to the United States, especially in high-tech industries and infrastructure projects. Meanwhile, the US direct investment in China has remained stable over the past few years. In addition, there are some industry regulations on the share of foreign investors in the capital of energy companies, broadcasting companies, banks and others. Investment relations between the two countries, according to the investors, despite political and trade contradictions, remain quite close.