Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021

Executive Order on Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China

JUNE 03, 2021

PRESIDENTIAL ACTIONS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code,

I, JOSEPH R. BIDEN JR., President of the United States of America, find that additional steps are necessary to address the national emergency declared in Executive Order 13959 of November 12, 2020 (Addressing the Threat From Securities Investments That Finance Communist Chinese Military Companies), including the threat posed by the military-industrial complex of the People’s Republic of China (PRC) and its involvement in military, intelligence, and security research and development programs, and weapons and related equipment production under the PRC’s Military-Civil Fusion strategy. In addition, I find 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 United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.

Accordingly, I hereby order as follows:

Section 1. Sections 1 through 5 of Executive Order 13959, as amended by Executive Order 13974 of January 13, 2021 (Amending Executive Order 13959 — Addressing the Threat From Securities Investments That Finance Communist Chinese Military Companies), are hereby replaced and superseded in their entirety to read as follows:

“Section 1. (a) The following activities by a United States person are prohibited: the purchase or sale of any publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities, of any person listed in the Annex to this order or of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, and, as the Secretary of the Treasury deems appropriate, the Secretary of Defense:

(i) to operate or have operated in the defense and related materiel sector or the surveillance technology sector of the economy of the PRC; or
(ii) to own or control, or to be owned or controlled by, directly or indirectly, a person who operates or has operated in any sector described in subsection (a)(i) of this section, or a person who is listed in the Annex to this order or who has otherwise been determined to be subject to the prohibitions in subsection (a) of this section.

(b) The prohibitions in subsection (a) of this section shall take effect:
(i) beginning at 12:01 a.m. eastern daylight time on August 2, 2021, with respect to any person listed in the Annex to this order;
or
(ii) beginning at 12:01 a.m. eastern daylight time on the date that is 60 days after the date of the determination in subsection (a) of this section with respect to any person not listed in the Annex to this order.
(c) The purchase or sale of publicly traded securities described in subsection (a) of this section made solely to effect the divestment, in whole or in part, of such securities by a United States person is permitted prior to:
(i) 12:01 a.m. eastern daylight time on June 3, 2022, with respect to any person listed in the Annex to this order; or
(ii) 12:01 a.m. eastern daylight time on the date that is 365 days after the date of the determination in subsection (a) of this section with respect to any person not listed in the Annex to this order.
(d) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order.

Sec. 2. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited.

(b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.

Sec. 3. For the purposes of this order:

(a) the term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;
(b) the term “person” means an individual or entity;
(c) the term “publicly traded securities” includes any “security,” as defined in section 3(a)(10) of the Securities Exchange Act of 1934, Public Law 73–291 (as codified as amended at 15 U.S.C. 78c(a)(10)), denominated in any currency that trades on a securities exchange or through the method of trading that is commonly referred to as “over-the-counter,” in any jurisdiction; and
(d) the term “United States person” means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.

Sec. 4. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All executive departments and agencies (agencies) of the United States shall take all appropriate measures within their authority to carry out the provisions of this order.

Sec. 5. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).

Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State, and, as the Secretary of the Treasury deems appropriate, the Secretary of Defense, is hereby authorized to determine that circumstances no longer warrant the application of the prohibitions in section 1(a) of this order with respect to a person listed in the Annex to this order, and to take necessary action to give effect to that determination.”

Sec. 2. The Annex to Executive Order 13959 is replaced and superseded in its entirety by the Annex to this order.

Sec. 3. Section 6 of Executive Order 13959 is amended to replace “Sec. 6.” with “Sec. 7.”

Sec. 4. Executive Order 13974 is hereby revoked in its entirety. The Secretary of the Treasury and the heads of agencies shall take all necessary steps to rescind any orders or prohibitions issued prior to the date of this order implementing or enforcing Executive Order 13974 or the versions of sections 1 through 5 of Executive Order 13959 replaced and superseded by section 1 of this order.

Sec. 5. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

JOSEPH R. BIDEN JR.

THE WHITE HOUSE,
June 3, 2021.

Annex

  1. AERO ENGINE CORPORATION OF CHINA
  2. AEROSPACE CH UAV CO., LTD
  3. AEROSPACE COMMUNICATIONS HOLDINGS GROUP COMPANY LIMITED
  4. AEROSUN CORPORATION
  5. ANHUI GREATWALL MILITARY INDUSTRY COMPANY LIMITED
  6. AVIATION INDUSTRY CORPORATION OF CHINA, LTD.
  7. AVIC AVIATION HIGH-TECHNOLOGY COMPANY LIMITED
  8. AVIC HEAVY MACHINERY COMPANY LIMITED
  9. AVIC JONHON OPTRONIC TECHNOLOGY CO., LTD.
  10. AVIC SHENYANG AIRCRAFT COMPANY LIMITED
  11. AVIC XI’AN AIRCRAFT INDUSTRY GROUP COMPANY LTD.
  12. CHANGSHA JINGJIA MICROELECTRONICS COMPANY LIMITED
  13. CHINA ACADEMY OF LAUNCH VEHICLE TECHNOLOGY
  14. CHINA AEROSPACE SCIENCE AND INDUSTRY CORPORATION LIMITED
  15. CHINA AEROSPACE SCIENCE AND TECHNOLOGY CORPORATION
  16. CHINA AEROSPACE TIMES ELECTRONICS CO., LTD
  17. CHINA AVIONICS SYSTEMS COMPANY LIMITED
  18. CHINA COMMUNICATIONS CONSTRUCTION COMPANY LIMITED
  19. CHINA COMMUNICATIONS CONSTRUCTION GROUP (LIMITED)
  20. CHINA ELECTRONICS CORPORATION
  21. CHINA ELECTRONICS TECHNOLOGY GROUP CORPORATION
  22. CHINA GENERAL NUCLEAR POWER CORPORATION
  23. CHINA MARINE INFORMATION ELECTRONICS COMPANY LIMITED
  24. CHINA MOBILE COMMUNICATIONS GROUP CO., LTD.
  25. CHINA MOBILE LIMITED
  26. CHINA NATIONAL NUCLEAR CORPORATION
  27. CHINA NATIONAL OFFSHORE OIL CORPORATION
  28. CHINA NORTH INDUSTRIES GROUP CORPORATION LIMITED
  29. CHINA NUCLEAR ENGINEERING CORPORATION LIMITED
  30. CHINA RAILWAY CONSTRUCTION CORPORATION LIMITED
  31. CHINA SATELLITE COMMUNICATIONS CO., LTD.
  32. CHINA SHIPBUILDING INDUSTRY COMPANY LIMITED
  33. CHINA SHIPBUILDING INDUSTRY GROUP POWER COMPANY LIMITED
  34. CHINA SOUTH INDUSTRIES GROUP CORPORATION
  35. CHINA SPACESAT CO., LTD.
  36. CHINA STATE SHIPBUILDING CORPORATION LIMITED
  37. CHINA TELECOM CORPORATION LIMITED
  38. CHINA TELECOMMUNICATIONS CORPORATION
  39. CHINA UNICOM (HONG KONG) LIMITED
  40. CHINA UNITED NETWORK COMMUNICATIONS GROUP CO., LTD.
  41. CNOOC LIMITED
  42. COSTAR GROUP CO., LTD.
  43. CSSC OFFSHORE & MARINE ENGINEERING (GROUP) COMPANY LIMITED
  44. FUJIAN TORCH ELECTRON TECHNOLOGY CO., LTD.
  45. GUIZHOU SPACE APPLIANCE CO., LTD
  46. HANGZHOU HIKVISION DIGITAL TECHNOLOGY CO., LTD.
  47. HUAWEI INVESTMENT & HOLDING CO., LTD.
  48. HUAWEI TECHNOLOGIES CO., LTD.
  49. INNER MONGOLIA FIRST MACHINERY GROUP CO., LTD.
  50. INSPUR GROUP CO., LTD.
  51. JIANGXI HONGDU AVIATION INDUSTRY CO., LTD.
  52. NANJING PANDA ELECTRONICS COMPANY LIMITED
  53. NORTH NAVIGATION CONTROL TECHNOLOGY CO., LTD.
  54. PANDA ELECTRONICS GROUP CO., LTD.
  55. PROVEN GLORY CAPITAL LIMITED
  56. PROVEN HONOUR CAPITAL LIMITED
  57. SEMICONDUCTOR MANUFACTURING INTERNATIONAL CORPORATION
  58. SHAANXI ZHONGTIAN ROCKET TECHNOLOGY COMPANY LIMITED
  59. ZHONGHANG ELECTRONIC MEASURING INSTRUMENTS COMPANY LIMITED

Reaction from China

Foreign Ministry Spokesperson Wang Wenbin’s Regular Press Conference on June 4, 2021

Reuters: President Joe Biden signed an executive order on Thursday that bans U.S. entities from investing in dozens of Chinese companies with alleged ties to defense or surveillance technology sectors, what’s the ministry’s comment on this? How does China see this compared to similar legislation under former president Trump?

Wang Wenbin: The US government uses the catch-all concept of national security and abuses state power to suppress and restrict Chinese enterprises in all possible means. China is firmly opposed to that. What the US has done violates the law of the market and undermines the rules and order of the market. It has harmed not only the legitimate rights and interests of Chinese companies, but also the interests of global investors, including US investors. China urges the United States to respect the laws and principles of the market, remove various so-called lists formulated to suppress Chinese companies, and provide a fair, just and non-discriminatory business and investment environment for Chinese companies. China will take necessary measures to resolutely safeguard the legitimate rights and interests of Chinese companies.

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