Intruder Alert! Running the Regulatory Gauntlet to Purchase, Own, and Operate American Energy and Mineral Assets by Foreign Entities

Date

2013

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Examines the promulgation of statutory restrictions against foreign entity-controlled investments in the United States, as well as the two instances involving presidential denial of such transactions and their implications for the future of United States oil and gas development. In some cases, purchasing United States oil, gas, and mineral real property has developed into an expensive endurance race that punishes ignorance. The author's goal is to provide descriptions and analysis of federal and state laws that affect the purchase and ownership of oil, gas, and minerals in the United States to potential foreign investors and their domestic counsel.

Description

Keywords

Mineral assets, Committee on Foreign Investment in the United States (CFIUS), Foreign Investment and National Security Act (FINSA), Consultation, pre-notices, and the timing of review, Agencies involved in FINSA reviews, MAMCO divestiture, Ralls corporation divestiture, Dubai ports world sale, Survey Act, Restrictions on foreign ownership of domestic mineral property, Territorial Land Act of 1887, Trading with the Enemy Act, Foreign Investment in Real Property Tax Act of 1980 (FIRPTA)

Citation

Christopher S. Kulander, Intruder Alert! Running the Regulatory Gauntlet to Purchase, Own, and Operate American Energy and Mineral Assets by Foreign Entities, 46 Tex. Tech L. Rev. 995 (2013-2014)