US: NON-SDN CHINESE MILITARY-INDUSTRIAL COMPLEX COMPANIES LIST AND THE THREAT FROM SECURITIES INVESTMENTS THAT FINANCE CERTAIN CHINESE COMPANIES

On 3 June, a news release from US Treasury advised that –

President Biden had issued a new Executive Order addressing the threat from securities investments that finance certain companies of the People’s Republic of China;

Issued 8 new FAQ and updated 7 others; and

Added a number of Chinese companies to its Non-SDN Chinese Military-Industrial Complex Companies List.

The Executive Order says that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the US, to the national security, foreign policy, and economy of the US.  As a consequence, US persons are prohibited from buying, selling or being involved in trading of securities etc involving the named companies.

Addendum – The new order prevents Americans from investing in those companies, with a 60-day grace period, until 2 August, before sanctions begin and a 1-year period for Americans already invested in the businesses — either directly or via mutual and index or other funds — to divest themselves.

https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions/20210603

https://home.treasury.gov/system/files/126/eo_cmic.pdf

https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/03/fact-sheet-executive-order-addressing-the-threat-from-securities-investments-that-finance-certain-companies-of-the-peoples-republic-of-china/

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Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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