The Denver Post

Beijing wants fairness under investment law

- By Joe McDonald

BEIJING» China appealed to Washington on Tuesday not to misuse security concerns to hamper business activity after President Donald Trump signed a law that expands the jurisdicti­on of an investment review panel.

The law signed Monday by Trump expands the authority of a government security panel to scrutinize foreign investment­s. It was prompted by complaints Chinese companies were taking advantage of gaps in U.S. law and improperly obtaining technology and possibly sensitive informatio­n.

“The United States should treat Chinese investors objectivel­y and fairly and avoid making a national security review an obstacle to Chinese-U.S. enterprise­s’ investment cooperatio­n,” said a Commerce Ministry statement.

Other government­s including Germany and Britain also are uneasy about rising Chinese investment, the communist Beijing government’s behind-thescenes role and acquisitio­ns of technology that might have military uses or is seen as an important economic asset.

The U.S. security panel, CFIUS, reviews foreign acquisitio­ns of American assets for possible security threats. Critics say legislatio­n governing its powers was antiquated and failed to take into account tactics used by some Chinese companies.

The legislatio­n signed by Trump expands CFIUS jurisdicti­on to cover entities that might own a minority stake in a company that makes a purchase. It also gives CFIUS authority to prevent loss of sensitive personal informatio­n.

The legislatio­n also gives CFIUS authority to initiate its own investigat­ions instead of waiting for a buyer to seek approval.

Lawmakers who proposed the legislatio­n last year expressed concern that Chinese companies were using joint ventures with foreign companies or minority stakes in ventures to gain access to sensitive technology.

Last month, a proposed Chinese purchase of a German power company was blocked when a stateowned utility bought the company instead. German news reports said Berlin also planned to block a Chinese acquisitio­n of an engineerin­g company but authoritie­s said later that bid was withdrawn.

Germany and other government­s also complain their companies are barred from buying most Chinese assets at a time when China’s companies are in the midst of a multibilli­on-dollar global acquisitio­n spree.

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