Secretive U.S. panel eyes China's Smithfield deal
The merger of Smithfield and Shuanghui must still be cleared by Smithfield shareholders and U.S. regulators, including the Committee on Foreign Investment in the United States.(Photo: 2009 AP photo by Steve Helber)Story HighlightsCommittee on Foreign Investment in the United States will review impact of deal on national securityPanel includes several federal agencies and is notorious for operating in secretSeveral members of Congress are already expressing concern about the dealWASHINGTON — The fate of a Chinese company's controversial $4.7 billion purchase of U.S. pork giant Smithfield Foods could rest in the hands of a secretive and powerful government panel little known outside of the nation's capital.The proposed takeover announced last month[1] of Virginia-based Smithfield, the world's largest pork processor and hog producer, by China's Shuanghui International Holdings has thrust the government's Committee on Foreign Investment in the United States (CFIUS) into the spotlight, highlighting the growing concern about U.S. companies being purchased by foreign entities.The committee "only raises its head during controversy but the truth is it operates all the time even when people aren't hearing about it," said Josh Zive, a senior counsel at Bracewell & Giuliani who has represented several companies involved in the CFIUS process for more than a decade."The fact that (this merger) is being talked about in the context of CFIUS is indicative of how sensitive investors are with China in that you would want to get the review and approval of this out of the way, up front," he said.The committee was given the authority in 1988 to review the impact that foreign purchases of American companies have on national security. CFIUS, which is headed by the Treasury secretary, includes members from the departments of Justice, Homeland Security and Energy along with five other agencies.The government panel is notorious for operating in secret and is…
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