Chapter 1385: Special Review Team (Happy New Year's Eve!)
"The agency that currently leads this technology acquisition case is the special review team of the Japan Industry Department. I don't know why, they now have our application information in China and use it as the basis for the output of commercial fraud and cutting-edge technology abnormal channels. We filed a complaint with the institution yesterday and notified our embassy in Japan, asking them to intervene and help us with counterclaims."
Early in the morning, while breakfast was taking advantage of the situation, Zhang Wei and others introduced Li Fanyu to the current situation.
Although I didn't hold any information and held the porridge in my hand, this did not affect the report of a group of top domestic legal workers.
After years of exposure to cases and a lot of writing work, these guys' memory has reached a terrifying state. The bills and amendments involving this incident are just open. If it weren't for the kimchi and rice balls around them that affected the overall conversation atmosphere, the restaurant would be like a court.
While eating breakfast, Li Fanyu nodded repeatedly and listened to everyone's reports.
He knew about this special review team from Japan. In fact, this review team was not a new department, but a special organization that was just established five years ago that was directly responsible to the Japanese Prime Minister, consisting of seven Japanese departments including the Department of Industry and the Department of Security.
It’s just that administrative relations are still affiliated with the Industrial Department.
Such an organization is actually not new. It is entirely established by reference to the notorious CFIUS in the United States, which was founded by the American Investment Commission.
Organizations like this actually have them in every country. The purpose of existence is to investigate each overseas capital's domestic investment. Each survey consists of a certain government agency including national defense, finance, industry or possibly affected by this transaction.
In fact, both the Overseas Investment Committee of the United States and the Japanese special review team are composed of more than a dozen government departments, and they are often temporarily brought into relevant government departments due to the different directions of the investigation.
The China Development and Reform Commission actually has similar functions.
However, after joining the WTO and the special national conditions of developing countries, China is generally tolerant of overseas investment.
However, this special review team from Japan and the U.S. Overseas Investment Committee are not so friendly. Such departments will give "risk analysis" that may be attacked based on the commercial content involved in corporate or technological acquisitions.
If the department believes that some measures can be taken to prevent potential threats of retention products that can be implemented, it will directly recommend it to the parties involved in the acquisition. These measures include "certain product regulations that ensure that only authorized users can access technology and that only national enterprises can handle."
According to normal bills and amendments, two definite results are required to prevent the transaction of an overseas asset; one is to find a credible evidence that foreign interests are under control and that the possibility of sabotage action is taken. The other is that there is indeed no other legal provision that can provide legal and appropriate rights to protect national interests and security.
The formal two provisions give this institution the right to override the law. Therefore, most of the time, the institution's "proposal" to the contractors of the business of both parties to the transaction directly becomes "intervention".
For example, what Zhengxin is facing now.
"This special review team has ruined nine mergers and technology acquisitions in the past two years. Among them, it includes the acquisition of Deli Group's acquisition of Onex Electrical Engineering, a subsidiary of Japan's Sanyo for US$970 million. The merger and acquisition of part of China signed between Hyde Group and Hitachi with a cash consideration of US$5.4 billion. There are also 15 technology acquisitions of Kawasaki Heavy Industry worth US$3.5 billion..."
Hearing these "criminal records" of the special review team, Li Fanyu put the rice balls in his hand aside.
"The other party is outside the law, and this lawsuit is not easy to fight." He sighed.
"Absolutely," Zhang Wei was a little embarrassed. "This institution is like an executioner holding the Shangfang Sword. Two special regulations determine that they have the right to convict falsely. It does not require explanation or reason to reject and block a transaction. On the other hand, they have the right to execute, and they can directly skip legal procedures to interfere with normal acquisitions."
Li Fanyu nodded, "So, I don't have much hope for the result of your rights protection actions in Japan this time."
Seeing that after saying this, everyone present was feeling a little depressed, Li Fanyu smiled.
"But although it seems unlikely to be resolved through formal legal channels, it is still very necessary to slap in the face of the slap.
In this way, you are in a lawsuit and make the Shenzhen market bigger, so don’t make us afraid of them. You must work hard to fight for the embassy and the Ministry of Commerce. After all, in recent years, our companies have been targeted in overseas acquisitions, and this phenomenon must be taken seriously.
China is developing more and more rapidly now, and there will be more and more large-scale acquisitions and technical mergers and acquisitions in the future. When will it be the end of such unfair treatment? Don’t we also have the National Development and Reform Commission and regulatory agencies? We can launch retaliatory countermeasures!
We must show our attitude towards such things and let the superiors pay attention to it."
"I understand Mr. Li."
After hearing what he said, everyone nodded and said excitedly.
I sorted out the matter with everyone from the Legal Department and finished my breakfast.
Seeing that Li Fanyu had no intention of going out, Zhang Wei said, "Dr. Li, what are your arrangements?"
Li Fanyu thought about it and patted his shoulder: "I'll leave the dispute to you. If you give me two people, my idea is to go to Jianglaichuan Technology first. You know, in the case of intervention and review, the attitude of the acquired company can greatly affect the results of the intervention plan."
"What do you mean is to go directly to Tanaka and the others to talk to? Mr. Li, this..." Zhang Wei handled the acquisition of the Mechanical Shikigami throughout the process, so he naturally knew the twists and turns in it.
"They may hate you so much now. Will you go now? Will it have a counterproductive effect?"
He said worriedly.
Li Fanyu smiled and said, "Anyway, it's all like this. Can things still go bad? Maybe, this is a breakthrough. How can you know if you don't try it?"
Zhang Wei had no reason to refute it. Seeing that Li Fanyu's attitude was firm, he immediately found two people to serve as envoys for Li Fanyu.
After the two groups said goodbye, Li Fanyu took a car and headed for Jiang Laichuan Technology in the suburbs of Dongjiang.
Chapter completed!