1. Regulating & Promoting FDI in the USA Katie Praske ITRN 603 U.S. Legislation, Extraterritoriality & Global Competitiveness April 17, 2013

2. Executive Summary Foreign direct investment (FDI) is of vital importance to the US economy. The US remains the worlds largest receiver of FDI, but faces competition for investments with developed and developing nations. The governments of those nations are promoting investment in their countries, as state governments and the federal government are promoting investment in the USA. SelectUSA was established in 2011 as a government-wide initiative to encourage and facilitate business investment in the United States. In order to grow FDI, it is critical that the US regulations impacting FDI are aligned with the goals of initiatives such as SelectUSA. Regulations put in place with the best of intentions, to protect national security or generate tax revenue, can serve to prevent or discourage the investment the country is working so hard to promote. These regulations must be reviewed with consideration for their impact on market access. 2

3. Why FDI Matters to the USA $174.7 billion: Amount of FDI in the U.S. in 2012 5.3 million: Workers employed by U.S. affiliates of foreign firms in the U.S. $55 billion: Amount U.S. affiliates of foreign firms reinvested into the U.S. economy 36%: U.S. affiliates of foreign firms pay on average 36% higher than the economy-wide average 18%: U.S. affiliates of foreign firms generate 18% of all U.S. exports $26.6 billion: U.S. affiliates of foreign firms pay $26.6 billion in federal corporate income tax 3

4. SelectUSA Established by an Executive Order (13577) issued June 15, 2011. http://www.whitehouse.gov/the-press-office/2011/06/15/executive- order-selectusa-initiative http://www.whitehouse.gov/the-press-office/2011/06/15/executive- order-selectusa-initiative SelectUSA is designed to complement the activities of our statesthe primary drivers of economic development in the United States. Select USA Services: Business Solutions for Investors, Ombudsman, Advocacy, Single Location Promotion, Facilitated Investment Mission and Economic Development Organization Counseling. Ambassador Locke, I want to make it very clear that America welcomes Chinese investment. http://beijing.usembassy-china.org.cn/20120924- amb-locke-chengdu.htmlhttp://beijing.usembassy-china.org.cn/20120924- amb-locke-chengdu.html Other Initiatives Make it in America Challenge – DOC and DOL award funds to communities to prepare them for investment. 4

5. Issues National security concerns Fear of job loss due to mergers & acquisitions Corporate taxes Visas Infrastructure Labor 5

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7. Sources http://www.stlrcga.org/Documents/library/Aa ron_Brickman_presentation_3.10.10.pdf http://www.stlrcga.org/Documents/library/Aa ron_Brickman_presentation_3.10.10.pdf http://www.investmentpolicycentral.com/con tent/barriers http://www.investmentpolicycentral.com/con tent/barriers http://selectusa.commerce.gov/investment- incentives http://selectusa.commerce.gov/investment- incentives http://ofii.org/ http://www.vcc.columbia.edu/ 7

8. Sources (cont.) http://www.vcc.columbia.edu/pubs/documents/FaganFinalEnglish_001.pdf http://en.wikipedia.org/wiki/Invest_in_America http://www.oecd.org/unitedstates/34383483.pdf http://www.investmentpolicycentral.com/sites/investmentpolicycentral.drupalgar dens.com/files/Importance%20of%20TPP%20Provisions%20Disciplining%20Perfor mance%20Requirements.pdf http://www.investmentpolicycentral.com/sites/investmentpolicycentral.drupalgar dens.com/files/Importance%20of%20TPP%20Provisions%20Disciplining%20Perfor mance%20Requirements.pdf http://www.fas.org/sgp/crs/misc/RS21857.pdf http://ehis.ebscohost.com.mutex.gmu.edu/ehost/pdfviewer/pdfviewer?vid=3&sid =88dd50be-8cbd-40dd-b073-15c30f09226e%40sessionmgr110&hid=116 http://ehis.ebscohost.com.mutex.gmu.edu/ehost/pdfviewer/pdfviewer?vid=3&sid =88dd50be-8cbd-40dd-b073-15c30f09226e%40sessionmgr110&hid=116 http://www.commerce.gov/news/acting-secretary- speeches/2012/09/28/remarks-council-foreign-relations-dialogue-increasing-us-i http://www.commerce.gov/news/acting-secretary- speeches/2012/09/28/remarks-council-foreign-relations-dialogue-increasing-us-i http://beijing.usembassy-china.org.cn/20120924-amb-locke-chengdu.html http://www.whitehouse.gov/the-press-office/2011/06/15/executive-order- selectusa-initiative http://www.whitehouse.gov/the-press-office/2011/06/15/executive-order- selectusa-initiative 8