Committee on Foreign Investments in the United States (CFIUS)
EXON-FLORIO PROVISION
http://www.treasury.gov/offices/international-affairs/exon-florio/To assist in making this determination,
Exon-Florio provides for the President or his designee to receive written notice of an acquisition, merger or takeover of a U.S. corporation by a foreign entity. Once CFIUS has received a complete notification, it begins a thorough review of the notified transaction. In some cases, it is necessary to undertake an extended review or "investigation." An investigation, if necessary, must begin no later than 30 days after receipt of a notice. Any investigation is required to end within 45 days.
Amendments. Section 837(a) of the National Defense Authorization Act for Fiscal Year 1993, called the "Byrd Amendment," amended Section 721 of the Defense Production Act (the "Exon-Florio provision"). It requires an investigation in cases where:
- the acquirer is
controlled by or acting on behalf of a foreign government; and
- the acquisition
"could result in control of a person engaged in interstate commerce in the U.S. that could affect the national security of the U.S."====
Despite Fears, a Dubai Company Will Help Run Ports in New York - 2/17/6
http://www.nytimes.com/2006/02/17/nyregion/17ports.htmlRepresentatives of the White House and the Treasury Department said they had given their approval for Dubai Ports World to do business in the United States after a rigorous review. The decision, they said, was final.
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The Dubai purchase was approved by the Committee on Foreign Investment in the United States, of which Mr. Snow is chairman and which does not usually disclose information about its deliberations, said Brookly McLaughlin, a spokeswoman for the Treasury Department. Ms. McLaughlin declined to say when the committee began or ended its review of the deal or what national-security implications it considered.
"We as a general rule do not comment at all on any specific transactions," Ms. McLaughlin said. She added that the review could not be reopened unless the company provided false information or omitted important facts.
Stewart Baker, assistant secretary for policy at the Department of Homeland Security, said his department had no information about Dubai Ports World that justified an objection to the deal. Indeed, he said, the company has cooperated with the department in its efforts to secure American ports and ships in foreign ports.
"We did not find derogatory information in our review," he said.
But that review, Mr. Baker said, did not involve gathering information from outside sources, like the Port Authority, because the committee must keep a proposed transaction secret. He said the committee's investigation
began in November and ended in mid-January.====
However, since DPA did not take over a US Corporation, but a UK company who controls US Ports, I am not sure if the Exon-Florio Provision is completely valid for the current case. Perhaps some lawyers should take a look at Exon-Florio and see if Bush
should have been involved in this deal.