Shanghai's lawyers accept the first financial media interview

   Branch of newsRecently, Shanghai's office of international trade and Investment Department lawyer Zhang Chen, accept the first financial "financial nocturnal line" column telephone interview, Sany sued Obama cases is difficult, the possibility of winning the published professional advice.

                   Figure lawyers for Zhang Chen to accept the first channel of Finance and economics "financial nocturnal line" program group telephone interview

   Zhang Chen lawyers analysis Sany sued CFIUS from America law angle (American Foreign Investment Review Committee) and Obama difficult and controversial points, combined with Sany sued Obama event, matters needing attention and remind Chinese enterprise investment and foreign investment in the United states. Zhang lawyers pointed out:
   1, CFIUS is two orders issued its is beyond its power source 721 terms, is a violation of the administrative procedure act 702704706 USA related terms.
   In 2, CFIUS did not provide any evidence, if did not give any reasons for making the project under the national security threat America conclusion, take a very strict mandatory shutdown, the three one device is disabled and other measures, is a violation of the America administrative regulations 50 U.S.C. app 2170 (b) (1) (A) (II), (f).
   The order of 3, President Obama and CFIUS on the project issued, whether they are beyond the Constitution and related laws and regulations of the authority, whether illegal operations.
   4, President Obama and CFIUS projects for the command, deprived of Sany's private property rights behavior, is a violation of the fifth amendment to the constitution of American.                    

 

Sany sued Obama event summary:
   Sany Group Co Ltd was founded in 1989, is currently the largest private equipment China manufacturing enterprise, group holding Sany Limited by Share Ltd is the largest construction machinery manufacturer Chinese, sixth of the world, as Chinese A shares of listing Corporation, the engineering machinery industry. The wind power business is the core business of three one electrical, three one electrical belonging to the three one group of unlisted assets.
   In recent years, the three one group in the field of wind power America carried out some tentative investment. 2010 August founded the Ralls Corparation company registered in the United States, the company is affiliated enterprises group carried out the wind power investment and construction in American.
    In March this year, the Ralls company from the Greek Power Grid Corp Terna US, bought USA Oregon Butter Creek wind farm project, and that has made all the construction of the project approval and permission. The project consists of four relatively independent of the wind field, each wind field are established independent item company.
   In May, the navy fleet America northwest to Butter Creek project, a wind farm (Low Ridge) may affect the air training grounds, and the relocation of three one representations. Although USA Navy unauthorized approval wind field construction and airspace management, and related projects have been in 2010 September made the USA Federal Aviation Administration (hereinafter referred to as "FAA") issued a "no risk" license, still with RALLS agree with the wind southward 1.5 miles. Therefore American Navy issued a special support to help Ralls to apply for FAA license letter again and in line with Ralls thank you.
   In June 14th three one: it has to inform the Defense Department notice, the project has CFIUS attention.
   July 11th, held a special hearing on the Butter Creek in washington.
   The July 25th CFIUS for alleged threat America national security grounds, issued a temporary order:
  1.The immediate suspension;
  2.It is prohibited to store or storage of any equipment, immediately remove all equipment including foundation pouring ring;
  3.Prohibit any person to enter, only allow CFIUS to Americans access to move equipment;
(Ralls the ban and will try to project transfer to American Usa Inc in order to reduce losses, in August 2nd, CFIUS issued a temporary ban on modifications to:)
  4.The project is to ban the use of three one equipment;
  5.The project transfer ban until all the equipment is removed completely, and told CFIUS the buyer information within 10 working days were not rejected by CFIUS.
The CFIUS command has no basis in fact, law enforcement, and without any due process under the condition of deprivation of a America legitimate enterprise property, and made it clear that no compensation.
   In September 12th, Ralls company based on the belief that USA legal justice and fairness, filed a lawsuit against CFIUS in the federal court American Columbia local zoning.
   In September 28th, President Obama issued presidential decree America, on suspicion of threat USA national security grounds, stop the wind power project Butter Creek wind field.
   In October 1st, Ralls submitted update the petition to the USA Columbia SAR federal divisional court, will President Obama and CFIUS as a co defendant, the court.
   In November 28th, the case will be a formal trial.