1. CFIUS was established by the Defense Production Act of 1950, as modified by the "Exon-Florio amendment" of 1988, to review proposed mergers, acquisitions, and takeovers of U.S. companies that may affect national security. It has the power to block or order modifications in such transactions. 50 FIRRMA expands the authority of CFIUS to restrict transactions that do not involve the acquisition of a controlling interest. Most importantly here, it allows CFIUS to require a review of noncontrolling transactions that nevertheless provide a foreign investor with "access to material nonpublic technical information in the possession of the U.S. business" pertaining to "critical technologies," membership on the board or its equivalent in a critical technology company, or substantive decision-making authority in relation to "the use, development, acquisition, or release of critical technology;A Party shall not support or direct the outbound foreign direct investment activities of its persons aimed at acquiring foreign technology with respect to sectors and industries targeted by its industrial plans that create distortion
2. Regulations Pertaining to Mergers, Acquisitions, and Takeovers by Foreign Persons; Final Rule
3. Critical Technologies;See FIRRMA Takes Form as CFIUS Enacts a New Pilot Program Targeting,2018
4. China and Technology Transfer: Law and Its Limitations (Again), International Center for Trade and Sustainable Development;Frederick Abbott;U.S. Section,2018