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China Approval Bids For Stakes in US Firms Doubled in 2021

Most foreign attempts seeking even non-controlling stakes in US companies must get the green light from the Treasury Department CFIUS committee


Chinese and US flags flutter outside a company building in Shanghai, China
The news of the raid and detentions comes amid spiralling Sino-US relations, following months of diplomatic tensions. Photo: Reuters

 

Chinese investors more than doubled the number of applications to take up stakes in American firms last year, according to a report the government plans to release on Tuesday.

The uptick points to a likely increase in US deals sought by Chinese investors, who have to apply for regulatory clearance for proposed stakes in American companies.

The Treasury Department report seen by Reuters shows that Chinese investors filed 44 so-called “covered notices” seeking greenlights for their deals in US President Joe Biden’s first year in office compared to 17 such filings in 2020.

The 2021 figures for China included filings from Hong Kong-based investors, while the 2020 numbers place Hong Kong’s three such filings into a separate category, due to a shift in US policy.

 

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Most foreigners seeking to take even non-controlling stakes in US companies must seek approval from CFIUS, a powerful committee headed by the Treasury Department, which reviews transactions for national security concerns and has the power to block them.

The committee, whose powers were dramatically expanded under a 2018 law, was used by former President Donald Trump to upend many Chinese investments in the United States.

The new report shows China also made up the largest number of “covered notices,” among all countries, accounting for 16.5% of the total, followed by Canada and Japan at 10.3% and 9.6%, respectively.

Top sectors for would-be Chinese investment in the 2019-2021 period, were “finance, information and services” and manufacturing, according to the covered notices data. 

 

China Tech Investment Bids Low

But Chinese investors only sought 10 investments in critical sectors including technology, infrastructure and data businesses in 2021, behind the United Kingdom, Japan, South Korea, the Cayman Islands and Israel.

While not every filing represents a unique transaction, and not every filing is included in the “covered notice” category, the uptick points to a likely increase in US deals sought by Chinese investors. The report does not detail CFIUS responses to individual filings or transactions.

A law approved in 2018, known as FIRRMA, expanded the powers of CFIUS to probe transactions previously excluded from its purview, including attempts by foreigners to purchase non-controlling stakes in US companies. It also instituted mandatory filing requirements for certain transactions.

Before those laws were passed, China accounted for most investments in American critical technology in the 2016-2017 period, accounting for more than a fifth of the total.

 

  • Reuters with additional editing by Sean O’Meara

 

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Sean O'Meara

Sean O'Meara is an Editor at Asia Financial. He has been a newspaper man for more than 30 years, working at local, regional and national titles in the UK as a writer, sub-editor, page designer and print editor. A football, cricket and rugby fan, he has a particular interest in sports finance.

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