Amending Executive Order 13959Addressing the Threat From Securities Investments That Finance Communist Chinese Military Companies
| Published date | 19 January 2021 |
| Citation | 86 FR 4875 |
| Record Number | 2021-01228 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 86 Issue 11 (Tuesday, January 19, 2021)
[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Presidential Documents]
[Pages 4875-4876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01228] Presidential Documents
Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 4875]]
Executive Order 13974 of January 13, 2021
Amending Executive Order 13959--Addressing the
Threat From Securities Investments That Finance
Communist Chinese Military Companies
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.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), and section
301 of title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of
America, in order to take additional steps with respect
to the national emergency declared in Executive Order
13959 of November 12, 2020 (Addressing the Threat from
Securities Investments that Finance Communist Chinese
Military Companies), to address the threat posed by the
People's Republic of China's military-industrial
complex, hereby order as follows:
Section 1. Section 1(b) and (c) of Executive Order
13959 are amended to read as follows:
``(b) Notwithstanding subsection (a)(i) of this
section, any transaction entered into on or before
11:59 p.m. eastern standard time on November 11, 2021,
solely to divest, in whole or in part, from securities
that any United States person held as of 9:30 a.m.
eastern standard time on January 11, 2021, in a
Communist Chinese military company as defined in
section 4(a)(i) of this order, is permitted. Effective
at 11:59 p.m. eastern standard time on November 11,
2021, possession of any such securities by a United
States person is prohibited.
(c) Notwithstanding subsection (a)(ii) of this
section, for a person determined to be a Communist
Chinese military company pursuant to section 4(a)(ii)
or (iii) of this order, any transaction entered into on
or before 365 days from the date of such determination,
solely to divest, in whole or in part, from securities
that any United States person held in such person, as
of the date 60 days from the date of such
determination, is permitted. Effective at 11:59 p.m.
eastern standard time on the date 365 days after the
date of such determination, possession of any such
securities by a United States person is prohibited.''
Sec. 2. Subsections (a)(ii) and (iii) of section 4 of
Executive Order 13959 are amended to read as follows:
``(ii) any person that the Secretary of Defense, in consultation with the
Secretary of the Treasury, publicly lists as a Communist Chinese military
company meeting the criteria in section 1237(b)(4)(B) of Public Law 105-
261, as amended by section 1233 of Public Law 106-398 and section 1222 of
Public Law 108-375, and that operates directly or indirectly in the United
States or any of its possessions, until such time as the Secretary of
Defense removes such person from such list. This definition shall apply
regardless of whether the Secretary of Defense must provide the report
described in section 1237(b)(2) of Public Law 105-261, as amended by
section 1233 of Public Law 106-398 and section 1222 of Public Law 108-375;
or
(iii) any person that the Secretary of the Treasury publicly lists as
meeting the criteria described in section (a)(ii) of this section, or
publicly lists as a subsidiary of a person already determined to be a
Communist Chinese
[[Page 4876]]
military company, until the Secretary of the Treasury determines that such
person no longer meets that criteria and removes such person from such
list.''
Sec. 3. Section 4(e) of Executive Order 13959 is
amended to read as follows:
``(e) the term ``transaction'' means the purchase
for value, or sale, of any publicly traded security;
and''.
Sec. 4. General Provisions. (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.
(Presidential Sig.)
THE WHITE HOUSE,
January 13, 2021.
[FR Doc. 2021-01228
Filed 1-15-21; 8:45 am]
Billing code 3295-F1-P
