Law Commons^™

Introductory Notes: General Counseling For Foreign Investment, Stanhop S. Brown

Penn State International Law Review

This article will first give a brief overview of the phenomenon of foreign investment in the United States. It will then examine in depth some of the things an American lawyer should keep in mind when dealing with a foreign business client and that client's home lawyer. Finally, it will touch upon a few substantive areas of United States law which are of particular relevance to the foreign investor. Other articles in this issue will discuss in greater detail the major substantive areas of law that are important in counseling a foreign client.

Extraterritorial Impact Of The United States Antitrust And Commercial Bribery Considerations, James G. Park

Penn State International Law Review

Historically, the United States has sought to impose its moralistic values extraterritorially. Our antitrust laws and the Foreign Corrupt Practices Act are two well-known examples. Thus, in making the determination to engage in investment in the United States, a foreign entity must consider not only the more publicized restrictions of the Sherman Act and the Clayton Act on its activity within the borders of this country, but also be concerned with the extraterritorial impact of the United States' antitrust laws and the extent to which the decision to invest in the United States may create exposire under United States antitrust …

Special U.S. Rules Directly Affecting Foreign Investment, C. Tanner Rose Jr.

Penn State International Law Review

The purpose of this article is to provide a list of special U.S. rules which guide domestic attorneys in counseling foreign investors on tax and finance consequences of their transactions in the United States. A firm grasp of these rules, as a starting point, enables an attorney to formulate proper suggestions to foreign clients in acquiring property and conducting business without being subject to excessive tax consequences.

Antitrust Consideration In Making Investment In The United States, Thomas L. Vankirk

Penn State International Law Review

The antitrust laws of the United States have taken on an increasingly significant role with regard to acquisitions and investments generally, and must be taken into consideration by a foreign investor interested in making foreign investments in the United States. Where the requisite contracts exist to establish subject matter jurisdiction, the antitrust laws of the United States will be applied to all proscribed acts regardless of the nationality of the participants. It is clear that most foreign investment in the United States constitutes the requisite minimum contacts required for jurisdiction.

There are two primary antitrust areas which should be addressed …

The Foreign Investment In Real Property Act Of 1980, Lisa B. Petkun

Penn State International Law Review

For a number of years, foreign investors were able to invest in real property located in the United States and to avoid, to a great extent, the payment of United States income tax on the operating income from the property and on the gain realized upon the disposition of the property. However, with the enactment of the Foreign Investment in Real Property Tax Act of 1980 ("FIRPTA") the ability of foreigners to avoid the United States tax gains realized upon the sale of real property located in the United States has been greatly circumscribed. To accomplish this result, FIRPTA added …

Foreign Statutory Response To Extraterritorial Application Of U.S. Antitrust Laws, John Cannon Iii

Penn State International Law Review

This comment will outline the international response to extraterritorial application of United States antitrust law, focusing primarily on foreign statutory enactments. Following a brief review of United States antitrust legislation, American case law will be analyzed. The next section of the inquiry will consist of an examination of the so-called "blocking statutes" of eight major United States trading partners. Finally, alternative solutions to the conflict will be outlined.

United States Taxation Of Foreign Direct Investment, Alan G. Cohate

Penn State International Law Review

This article, while broad in scope, is narrow in focus. It aims solely at those aspects of the United States' internal tax laws which should be considered by the foreign investor in planning for his investment. These tax considerations may affect the structure of operation of the business enterprise in the United States. The article is not intended as a short course in United States taxation, and the reader should be aware that the complexities of the United States Internal Revenue Code and the regulations issued thereunder are so great that no particular fact situation can be correctly analyzed except …