介绍:
Zhao Yang: So moving on, Chinese manufacture Sany Heavy Industry has won a lawsuit against US President Barack Obama connected to its attempt to purchase a wind farm in the United States. Our Washington correspondent He Fei has the details.
Reporter: A US federal appeals court in Washington has ruled the US government violated the rights of the Ralls Corporation, which is affiliated with Sany Heavy Industry, when it rejected the company’s bid to purchase an Oregon wind-farm project. The three-judge panel has ruled “ the presidential order deprived Ralls of significant property interests,” constituting a clear constitutional violation. The appeals court has now sent the case back to the lower courts and has ordered that Ralls be provided the unclassified evidence the president relied on and be given an opportunity to respond to it.
Xiang Wenbo, president of Sany Heavy Industry, is describing the ruling as an “historic victory.” Lawyer Xia Tingkang represented Sany in the case. (Xia in Chinese) “The ruling clearly tells the US government that while conducting reviews of foreign investment, you have to be able to present evidence that leads to your decision to the parties involved, so that we, the investors can have the opportunity to clarify and confirm that evidence.”
Observers are suggesting the ruling may help other foreign companies who have to go through a national security review by Congress before being allowed to purchase assets in the United States.
Harry Clark, an attorney and specialist in cases involving the Committee on Foreign Investment in the United States, says companies looking for US investment opportunities will now be able to access to unclassified information used by the committee and try to rebut it.
In 2012, Obama issued a presidential order to prevent Ralls from purchasing four wind farms in Oregon for national security concerns, as their locations are near a Naval Weapons Systems Training Facility.
Ralls then sued Obama for blocking the deal, claiming that the presidential order was unconstitutional and failed to provide detailed evidence. In a recent report to Congress, it’s been revealed Chinese investors underwent more than double the number of congressional reviews in 2012 than the previous year, overtaking the UK as the most scrutinized foreign buyers of American assets.
Zhao Yang: That’s our reporter He Fei filed report from Washington. So, Einar actually the US court ruled that the Obama administration violated rights of Ralls Corp when it reviewed the company’s acquisition of wind farms projects near a Navy site. So, could you tell us if this is a legal case or is x from 2012/2013 to this year? So, what’s the detail of this procedure and the Committee on Foreign Investment in the US? What’s the function of this committee?
Einar Tangen: CFIUS is a thirty-nine-year old committee that allows president to… basically, you know in the past, basically unilaterally say, “no! We are not going to allow this investment.” And what’s happen here, the court of appeal has say that doesn’t pass constitutional X , this is rule of law. You must at least give anybody your turning down and opportunity response. And that was required X process. However, this is not the last XXXXXXX if rebuilding it, they can appeal it, they can ask for another review by all of the judges at the XXXXX. But what it does is, in politically, it puts a cross line make the US look little bit X because they are not obeying the rule of law that is part of the bad XX of our nature. So I’m very interested in what Paul would say about the fact that China has now overtaken the UK in terms of the most XX?
Zhao Yang: For and your self-American assets? Okay, and, Paul, it is uncertain if Sany will win the case finally, but, what are the options for Sany?
Paul: I don’t know what the options are for Sany, but I think, what I know are referring to the mix point is that this is a big issue for the United States and a compative advantage for United States. Countries who want to compete for this Chinese foreign investment and just giving examples in the UK has been more investments in the UK by Chinese companies by the last 18 months than it has been in the previous decade. And what it is Chinese companies are finding that other jurisdiction, particularly UK are easier to invest in so if you look at other X like XX and others who have X. They get much more progress in particularly UK versus the US. I know it’s saying in the US, it’s because of X more political issues X more tangible, and throughout the Chinese case they will highlight the more political and sensitive nature. Then Iraq and the underline issue so I’m very easy that obviously Sany knows that they’re probably not going to win but what they’re doing ia making issues X bring it to head. Then everybody’s seeing it and put pressure on the Obama administration. Next time they want to do this and XXXXX will be the outcome of the Sany process.
Zhao Yang: And Einar, so, very briefly, what are the options now for Sany for the next step?
Einar Tangen: Okay, if the Obama administration allows them to respond to the investigation, they can still turn it down. There’s also this issue that’s only non-classified information, so Obama said there’s lots of classified information I can’t tell you and that’s X you down he will not be out open to the public. So San-E has won a kind of symbolic victory and it’s gonna help a lot of other companies X the US. But I’m gonna agree with Paul. This is highlighting the fact that it’s very difficult for the US and XXXX.
Zhao Yang: Thank you, Einar and thank you Paul. You are listening to Bitz Today. Coming up next is Education Today with Wu you.
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