16 C.F.R. § 802.52

Current through October 31, 2024

Section 802.52 - Acquisitions by or from foreign governmental entities

An acquisition shall be exempt from the requirements of the act if:

(a) The ultimate parent entity of either the acquiring person or the acquired person is controlled by a foreign state, foreign government, or agency thereof; and

(b) The acquisition is of assets located within that foreign state or of voting securities or non-corporate interests of an entity organized under the laws of that state.

Example: The government of foreign country X has decided to sell assets of its wholly owned corporation, B, all of which are located in foreign country X. The buyer is "A," a U.S. person. Regardless of the aggregate sales in or into the United States attributable to the assets of B, the transaction is exempt under this section. (If such aggregate sales were $50 million (as adjusted) or less, the transaction would also be exempt under § 802.50 ).

16 C.F.R. §802.52

43 FR 33544, July 31, 1978, as amended at 67 FR 11904 , Mar. 18, 2002; 70 FR 4996 , Jan. 31, 2005; 76 FR 42482 , July 19, 2011