外国公司问责法(HFCAA)
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创投铁幕之后,再筑新墙
3 6 Ke· 2025-10-30 17:21
Core Points - The core message of the "America First Investment Policy" is that American investors should focus on investing in the future of the United States rather than in other countries [1][2] Summary by Sections Policy Changes - The "America First Investment Policy" significantly expands the scope of the Reverse CFIUS (Committee on Foreign Investment in the United States) restrictions from three sensitive sectors (semiconductors, artificial intelligence, quantum computing) to include biotechnology, hypersonic technology, aerospace, advanced manufacturing, directed energy, and other areas influenced by China's "military-civil fusion" strategy [1][3] - The policy restricts various types of investments, including private equity, venture capital, greenfield investments, corporate expansions, and public securities trading [1][2] - It also limits funding sources, including pension funds, university endowments, and other limited partner investors [1][3] Impact on Chinese Investments - The policy may exert pressure on Chinese concept stocks (Chinese companies listed in the U.S.) from multiple angles, potentially affecting their market performance and regulatory scrutiny [2][10] - The expansion of restricted sectors under the policy indicates a more aggressive stance from the U.S. towards curbing China's technological advancements [2][4] Historical Context - The changes reflect a broader historical trend of the U.S. attempting to contain China's development in strategic industries and advanced technologies, a strategy that has been consistent since Trump's first term [4][5] Investment Environment - The "America First" label emphasizes that American capital should be directed towards U.S. industries, while investments from "friendly" nations are encouraged, contrasting with restrictions on investments from "foreign adversaries" [6][7] - The policy signals a potential increase in scrutiny for Chinese dollar funds investing in the U.S. market, which may face stricter CFIUS reviews [7][8] Regulatory Measures - The policy outlines enhanced regulatory measures for Chinese concept stocks, including stricter auditing requirements and potential risks of forced delisting if compliance with U.S. auditing standards is not met [10][11] - It emphasizes the need for thorough reviews of the auditability and corporate governance of foreign adversaries' companies listed in the U.S., particularly focusing on VIE (Variable Interest Entity) structures [14][15] Taxation Agreements - The policy raises the possibility of suspending or terminating the 1984 U.S.-China tax treaty, which could significantly increase the tax burden on economic exchanges between the two countries, impacting capital, labor, trade, and technology flows [2][17]