Chapter 1385: Special Review Team (Happy Chinese New Year's Eve!)
"The agency currently leading the technology acquisition is the Special Review Team of the Japan Industry Agency. Somehow, they now have our application materials in China, and use them as a basis for commercial fraud and the export of cutting-edge technology through abnormal channels. We filed a complaint with the agency yesterday and notified our embassy in Japan to ask them to intervene and help us with our counterclaim. ”
Early in the morning, while breakfast, Zhang Wei and others introduced the current situation to Li Fanyu.
Although he didn't hold any information and held a clear porridge in his hand, this did not affect the report of a group of top domestic legal workers in the slightest.
Years of exposure to cases and a lot of writing work, these guys' memories have reached a terrifying state. The bills and amendments involved in this incident came out of their mouths, and if it weren't for the kimchi and rice balls on the lips that affected the overall atmosphere of the conversation, the restaurant would be like a courtroom.
While eating breakfast, Li Fanyu nodded and listened to everyone's reports.
He knows about this special inspection group on the Japanese side, but in fact this special inspection group is not a new department, but a special organization that was set up just five years ago and is directly responsible to the Japanese prime minister, and is composed of seven Japanese departments, including the Industry Agency and the Security Administration.
It's just that the administrative relationship is still attached to the Department of Industry.
In fact, such an organization is not new, and it is completely based on the notorious CFIUS in the United States, that is, the United States has asked the Investment Committee to set up.
In fact, there are organizations like this in various countries. The purpose of the investigation is to investigate the investment of foreign capital in the country, and each investigation is made up of a government agency that may be affected by the transaction, including defence, finance, industry or a specific government agency.
As a matter of fact, both the U.S. Committee on Foreign Investment in the United States and the Japanese special review team are composed of more than a dozen government departments, and they are often temporarily brought in to the relevant government departments because of the different directions of the investigations.
China's National Development and Reform Commission actually has a similar function.
However, after China's accession to TO and the special national conditions of developing countries, it is generally more tolerant of overseas investment.
However, the Japanese special review team and the US Committee on Foreign Investment are not so friendly. This kind of department will give a "risk analysis" of possible attacks based on the business content involved in the enterprise or technology acquisition.
If the department believes that some measures can be taken to prevent potential threats, the reserved goods can be enforced, and will directly advise the parties involved in the acquisition. Among these measures are "regulations to ensure that only authorized users can access the technology, and that only national enterprises can handle certain products".
Under normal laws and amendments, two definite results are required to prevent a transaction in an offshore asset: one is to find credible evidence that the foreign interest is in control and that there is a risk of sabotage. Second, there is indeed no other legal provision that can provide legitimate and appropriate rights to protect national interests and security.
These two formal provisions give this body a power over the law. Therefore, most of the time, the "advice" of this institution to the contractors of the two parties to the transaction directly becomes "intervention".
Just like what the Righteous Faith is facing right now.
"This special review team, in the past two years, has disrupted nine mergers and acquisitions and technology acquisitions. Among them, Deli Group acquired Onex Electrical Engineering Company, a subsidiary of Japan's Sanyo, for $970 million. Hyde Group and Hitachi signed a US$5.4 billion cash consideration for the integration of the China part of the merger. There are also 15 technology acquisitions by Zoomlion of Kawasaki Heavy Industries worth $3.5 billion......"
Hearing the "criminal record" of these special review teams, Li Fanyu put aside the rice balls in his hand.
"The other party is outside the law, and this lawsuit is not easy to fight. He sighed.
"Definitely, yes," Zhang Wei was a little embarrassed, "this institution is like an executioner with Shang Fang's sword, two special laws and regulations, which determine that they have the right to convict on trumped-up basis, and there is no need for explanations and reasons to veto and block a transaction." On the other hand, they also have the right to enforce and can directly bypass the legal process to interfere with the normal acquisition. ”
Li Fanyu nodded, "That's why I don't have a lot of hope for the outcome of your rights protection action in Japan this time." ”
Seeing that after saying this, everyone present was a little depressed, and Li Fanyu smiled.
"But while it seems unlikely that a solution will be made through formal legal channels, it ...... It is still very necessary to have a attitude.
In this way, you are fighting a lawsuit here, making the Shenzhen market bigger, don't make us afraid of them. The embassy and the Ministry of Commerce must work hard to fight for it, after all, in recent years, our companies have always been targeted in overseas acquisitions, and this phenomenon must be paid attention to.
Now that China is developing more and more rapidly, there will be more and more large-scale acquisitions and technology mergers and acquisitions in the future.
For such things, we must show our attitude and let the above pay attention to it. ”
"Understood, Li Dong. ”
Hearing him say this, everyone nodded and said excitedly.
I sorted things out with everyone from the legal department, and breakfast was over.
Zhang Wei saw that Li Fanyu had no intention of going out, so he said, "Dong Li, what arrangements do you have?"
Li Fanyu thought about it and patted him on the shoulder: "I'll leave the matter to you." You match me with two people, my idea is to go to Jiang Laichuan Technology first. You know, in the case of intervention review, the attitude of the acquired company can greatly affect the outcome of the intervention case. ”
"Do you mean, go directly to talk to Tanaka and them? Li Dong, this is ......" Zhang Wei has handled the mechanical god acquisition throughout the process, so he naturally knows the twists and turns in this.
"Tanaka, they may hate you now, and if you go now, will it be counterproductive?"
He said worriedly.
Li Fan smiled foolishly, "Anyway, it's like this, can things still be so bad that it is?" maybe, this is a breakthrough." If you don't try it, how do you know. ”
Zhang Wei had no reason to refute, and seeing Li Fanyu's resolute attitude, he immediately found two people to serve as envoys to Li Fanyu.
After the two groups said goodbye, Li Fanyu took a car directly and went to Jiang Laichuan Technology on the outskirts of the Dongjiang River.