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There is no doubt that
foreign investors must be aware of the foreign investment law pertaining
to their foreign investment interests. These foreign investment
laws are intended as protection for the interests of the country concerned
by regulating foreign investment. While countries do invite foreign
investors they do not want investors to rob the country of its potential
wealth, which should be sustained within the country. Foreign
investment law is designed to protect all concerned parties. Several
countries have had to enact foreign investment law to protect national
security and that has been the case with United States. Foreign investment
laws will put restrictions on certain products in order to keep those
products within their country's control.
However, foreign investment
law is not uniform across the board and therefore the investor must
really be knowledgeable about the product and the country he or she
wishes to do investing in. Some of the restrictions put upon investors
covered under foreign investment law include: obtaining government review
and approval for foreign investment in specific areas of the country's
industry deemed necessary for national security, economic security and
cultural importance. It is because of some very controversial
business ventures that foreign countries have had to tighten up their
foreign investment law. Since various countries are changes their
laws. It is important as investors to stay abreast of the changes in
the country in which they intend to do business. There are however,
similarities among different countries for their foreign investment
law as well.
Many countries have some
sort of government review body to regulate the interests of the investors
in their foreign investment law. Many countries have issues of concern
centering on national security. These issues can include national
energy products, their industrial base, sovereign wealth funds, and
foreign government owned enterprises. A country's foreign investment
law may impose restrictions even on the approved transaction such as
making it mandatory that the board of directors in the new enterprise,
or merger and acquisition must be citizens of their country.
Two examples of foreign
investment law which differs is that Netherlands, will limit foreign
investment on such products as their public utilities and it is not
subject to a review process. On the other hand the foreign investment
law for the United Arab Emirates limits foreign investments in all sectors
without a review process.
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