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Scope of U S Ban on Transactions in Securities of Communist Chinese Military Companies | Faegre Drinker Biddle & Reath LLP

To embed, copy and paste the code into your website or blog: On January 13, 2021, President Trump amended the November 12, 2020, Executive Order (EO) 13959 providing greater clarity to the scope of the EO’s ban on trading and investing in certain designated publicly traded securities of “Communist Chinese military companies” (CCMCs). The ban became effective January 11, 2021, but the amended EO, guidance and general licenses issued by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) add greater clarity on the ban and provide important carve-outs or caveats to its scope. Investors and holders of covered securities should take careful note of these latest developments and anticipate that we will see further guidance, clarifications and possible licenses related to the EO in the coming days and weeks.

Trump Escalates Ban On Holding Chinese Oil Stocks, Delisting May Be Next

New OFAC FAQs Clarifying And Broadening Sanctions On Chinese Military Companies | Morrison & Foerster LLP

On December 28, 2020, the U.S. Treasury Department’s Office of Foreign Assets Control (“ FAQs”) that clarify the scope of Executive Order (“ E.O.”) 13959, the basis for OFAC’s new Chinese Military Companies sanctions program. These FAQs define key terms and clarify how OFAC will interpret E.O. 13959’s prohibition against U.S. investment in the securities of Communist Chinese Military Companies (“ CCMCs”), which goes into effect on January 11, 2021. In general, like previous sanctions programs, the new FAQs show that OFAC will read commonly used terms much more broadly than their common usage might suggest. Now that OFAC has clarified its stance on E.O. 13959, those operating in the investment management sector, especially banks, broker-dealers, investment advisers, and funds should review their assets to determine whether E.O. 13959 could affect their operations. The FAQs represent a Trump Administration decision to continue an aggressive approach toward CCMCs, a

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