미국의 부동산에 대한 외국인의 투자규제와 국가안보- 31 CFR Part 802가 한국에 주는 시사점을 중심으로- = Regulation of foreign investment in real estate in the United States and National security. - Focusing on the implications of 31 CFR Part 802 to Korea-

다국어 초록 (Multilingual Abstract)

The new real estate regulations, announced in January 2020, allow the government to suspend real estate transactions with foreign person if they threaten U.S. national security. Under the 31 CFR Part 802, CFIUS is requiring new real estate regulations to be applied to a certain range of real estate transactions, including ports, airports and military installation.
Before Congress passed the Foreign Investment Risk Review and Modernization Act of 2018(FIRRMA), real estate transactions were subject to CFIUS review only if CFIUS determined that the transaction would result in the control of a US business. In 2018, FIRRMA both formalized and expanded CFIUS’s jurisdiction to review a range of real estate transactions by defining covered transactions. On February 13, 2020, the US Department of Treasury’s final rules implementing FIRRMA became effective. A new Part 802 was added to the CFIUS regulations to address CFIUS’s broadened real estate transaction authority.
A new Part 802 specify an excepted real estate investor and transaction etc. These include most transactions in urbanized areas or urban clusters defined by the U.S. Census Bureau, the purchase, lease, or transfer of a housing unit. Part 802 defines the concept of exceptional real estate countries and exceptional real estate investors. Along with 31 CFR Part 800, Part 802 aim to control Chinese real estate investment in the US. In the traditional meaning and concepts, national security standards are expanding not only to military installation but also to territorial boundaries and TID U.S. Business.
A number of other US allied countries seek to be designated as excepted states, given the potential benefit to businesses domiciled there that are interested in US investment. As with the general CFIUS regulations, a private party must be from an excepted state and must also meet the extensive requirements in the definition of excepted foreign real estate investor detailed in Section 802.215. There are currently three countries on the White List : Australia, Canada and the United Kingdom.
In this study, I’d like to review the characteristics and subjects of real estate regulation for foreign person in the United States, on the basis of national security. In particular, I’d like to review the following : the criteria and characteristics of the covered port, military installation, covered real estate, covered real estate transactions, excepted real estate foreign state, excepted real estate investors and excepted real estate transaction, and criteria for national security.
Recently, on the basis of national security, Japan enacted a law that regulates real estate transactions for foreign person similar to part 802 of the United States. Korea also needs to strongly regulate real estate transactions for foreign person.
From a border management perspective, it is necessary to regulate foreign real estate transactions not only for military installation but also for islands. But this does not restrict foreign investment and transactions in Korean real estate. Like the the 31 CFR Part 802, regulations should be set from the perspective of national security. In particular, it is necessary to regulate real estate subject to review through examination and judgment procedures. To this end, it is necessary to revise real estate-related laws and supplement at the institutional level.

참고문헌 (Reference)

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35 "50 U.S.C..Sections 1701"

36 "50 App.U.S.C. Sections 1-44"