16/08/2022

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Government Acquire on Addressing the Threat from Securities Investments that Finance Positive Corporations of the Other folks’s Republic of China

By way of the authority vested in me as President by means of the Charter and the felony pointers of america of The united states, just like the Intercontinental Surprising emergency Financial Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the Countrywide Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and portion 301 of identify 3, United States Code,

I, JOSEPH R. BIDEN JR., President of america of America, discover that supplemental movements are required to deal with the countrywide disaster declared in Executive Get 13959 of November 12, 2020 (Addressing the Possibility From Securities Investments That Finance Communist Chinese language Armed provider Organizations), such because the danger posed by means of the military-industrial advanced of the Other folks’s Republic of China (PRC) and its involvement in military, intelligence, and protection analysis and enlargement methods, and guns and related units production underneath the PRC’s Army-Civil Fusion device.  As well as, I uncover that using Chinese language surveillance technology external the PRC and the growth or use of Chinese language surveillance technological technology to assist repression or primary human rights abuse constitute peculiar and superb threats, that have their useful resource in entire or really extensive portion outdoor america, to the nationwide balance, in a foreign country plan, and fiscal state of america, and I hereby develop the scope of the nationwide sudden emergency declared in Government Acquire 13959 to deal with folks threats.

Correctly, I hereby purchase as follows:

Phase 1.  Sections 1 by the use of 5 of Executive Acquire 13959, as amended by means of Executive Purchase 13974 of January 13, 2021 (Amending Government Purchase 13959 — Addressing the Risk From Securities Investments That Finance Communist Chinese language Army Corporations), are hereby changed and superseded of their entirety to inspect as follows:

Section 1. (a) The next actions by means of a United States explicit particular person are prohibited: the purchase or sale of any publicly traded securities, or any publicly traded securities which might be by-product of this kind of securities or are made to offer expense publicity to such securities, of somebody defined within the Annex to this order or of somebody known by means of the Secretary of the Treasury, in session with the Secretary of State, and, because the Secretary of the Treasury deems right kind, the Secretary of Protection:
          (i)   to paintings or have operated within the protection and attached materiel sector or the surveillance technological innovation sector of the whole economic system of the PRC or
          (ii) to have or regulate, or to be owned or managed by means of, particularly or not directly, an individual who operates or has operated in any sector described in subsection (a)(i) of this section, or a person or lady who’s detailed within the Annex to this purchase or who has if now not been established to be subject to the prohibitions in subsection (a) of this section.
     (b)  The prohibitions in subsection (a) of this phase shall gain end result:
          (i)   starting at 12:01 a.m. japanese sunlight time on August 2, 2021, with admire to somebody discussed within the Annex to this order 
or
          (ii)  starting at 12:01 a.m. eastern sunlight time on the date this is 60 days proper after the date of the perseverance in subsection (a) of this portion with admire to somebody now not indexed within the Annex to this order.
     (c)  The gain or sale of publicly traded securities described in subsection (a) of this phase created solely to steer the divestment, in complete or in portion, of such securities by means of a United States particular person is authorized previous to:
          (i)   12:01 a.m. japanese sunlight time on June 3, 2022, with admire to any explicit particular person discussed within the Annex to this acquire or
          (ii)  12:01 a.m. japanese sunlight time at the day this is three hundred and sixty five days in an instant after the day of the decision in subsection (a) of this phase in regards to any human being now not indexed within the Annex to this get.
     (d)  The prohibitions in subsection (a) of this portion practice excluding to the level offered by means of statutes, or in laws, orders, directives, or licenses that can most likely be issued pursuant to this get, and however any settlement entered into or any license or permit granted simply sooner than the day of this get.

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Sec. 2.  (a)  Any transaction that evades or avoids, has the serve as of evading or protecting clear of, reasons a contravention of, or tries to violate any of the prohibitions established forth on this get is illegitimate.
     (b)  Any conspiracy formed to violate any of the prohibitions established forth on this get is illegitimate.

Sec. 3.  For the programs of this purchase:
     (a)  the time period “entity” normally method a partnership, association, consider, joint enterprise, company, workforce, subgroup, or different group
     (b)  the time period “particular person” normally method an particular person or entity
     (c)  the period of time “publicly traded securities” comes to any “safety,” as outlined in house 3(a)(10) of the Securities Change Act of 1934, Neighborhood Law 73–291 (as codified as amended at 15 U.S.C. 78c(a)(10)), denominated in any foreign exchange that trades on a securities change or by the use of the methodology of making an investment this is often known as “over the counter,” in any jurisdiction and
     (d)  the expression “United States particular person” normally method any United States citizen, lawful lasting resident, entity organized lower than the laws of america or any jurisdiction in america (which come with overseas branches), or any explicit particular person in america.

Sec. 4.  The Secretary of the Treasury, in consultation with the Secretary of State, is hereby approved to get this kind of steps, such because the promulgation of regulations and regulations, and to rent all powers granted to the President by means of IEEPA, as may well be had to perform the programs of this purchase.  The Secretary of the Treasury would possibly smartly, consistent with appropriate law, redelegate any of those options within the Place of job of the Treasury.  All executive departments and companies (organizations) of america shall gain all appropriate movements inside of in their authority to hold out the provisions of this get.

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Sec. 5.  The Secretary of the Treasury, in consultation with the Secretary of Indicate, is hereby approved to publish routine and ultimate evaluations to the Congress at the nationwide emergency declared on this order, in step with house 401(c) of the NEA (50 U.S.C. 1641(c)) and portion 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, because the Secretary of the Treasury deems perfect, the Secretary of Coverage, is hereby approved to resolve that scenario not more time warrant the device of the prohibitions partly 1(a) of this acquire with admire to a person or lady detailed within the Annex to this purchase, and to get required motion to offer end result to that self-control.”

Sec. 2.  The Annex to Executive Acquire 13959 is changed and superseded in its entirety by means of the Annex to this acquire.

Sec. 3.  Section 6 of Government Order 13959 is amended to change “Sec. 6.” with “Sec. 7.”

Sec. 4.  Government Order 13974 is hereby revoked in its entirety.  The Secretary of the Treasury and the heads of businesses shall get all necessary movements to rescind any orders or prohibitions issued previous to the date of this acquire imposing or implementing Executive Order 13974 or the differences of sections 1 thru 5 of Executive Order 13959 changed and out of date by means of house 1 of this purchase.

Sec. 5.  (a)  Not anything on this get will probably be construed to impair or normally affect:
     (i)   the authority granted by means of legislation to an government place of business or corporate, or the pinnacle thereof or
     (ii)  the purposes of the Director of the Place of business of Control and Finances in the case of budgetary, administrative, or legislative proposals.
          (b)  This get will probably be achieved loyal with appropriate legislation and subject to the supply of appropriations.
          (c)  This get isn’t intended to, and does now not, make any proper or get advantages, substantive or procedural, enforceable at law or in equity by means of any celebration against america, its departments, companies, or entities, its officials, workforce individuals, or agents, or some other particular person.

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                               JOSEPH R. BIDEN JR.

 
THE WHITE Area,
   June 3, 2021.

Annex
AERO Engine Company OF CHINA

AEROSPACE CH UAV CO., LTD

AEROSPACE COMMUNICATIONS HOLDINGS Workforce Group Confined

AEROSUN Company

ANHUI GREATWALL Military Sector Company Constrained

AVIATION Box Corporate OF CHINA, LTD.

AVIC AVIATION Huge-Engineering Trade Confined

AVIC Heavy Equipment Company Minimum

AVIC JONHON OPTRONIC Technological technology CO., LTD.

AVIC SHENYANG Plane Trade Confined

AVIC XI’AN Aircraft Market Crew Undertaking LTD.

CHANGSHA JINGJIA MICROELECTRONICS Corporate Limited

CHINA ACADEMY OF Release Automobile Applied sciences

CHINA AEROSPACE SCIENCE AND Sector Company Constrained

CHINA AEROSPACE SCIENCE AND Generation Corporate

CHINA AEROSPACE Moments ELECTRONICS CO., LTD

CHINA AVIONICS Units Corporate Restricted

CHINA COMMUNICATIONS Construction Corporate Restricted

CHINA COMMUNICATIONS Design Workforce (Confined)

CHINA ELECTRONICS Corporate

CHINA ELECTRONICS Technological technology Workforce Company

CHINA Standard NUCLEAR Energy Company

CHINA Marine Knowledge ELECTRONICS Trade Restricted

CHINA Cell COMMUNICATIONS Crew CO., LTD.

CHINA Mobile Minimum

CHINA National NUCLEAR Corporate

CHINA National OFFSHORE OIL Corporate

CHINA NORTH INDUSTRIES Workforce Corporate Limited

CHINA NUCLEAR ENGINEERING Company Constrained

CHINA RAILWAY Construction Company Restricted

CHINA SATELLITE COMMUNICATIONS CO., LTD.

CHINA SHIPBUILDING Trade Undertaking Minimum

CHINA SHIPBUILDING Trade Workforce Power Company Confined

CHINA SOUTH INDUSTRIES Workforce Corporate

CHINA SPACESAT CO., LTD.

CHINA State SHIPBUILDING Corporate Restricted

CHINA TELECOM Corporate Minimum

CHINA TELECOMMUNICATIONS Corporate

CHINA UNICOM (HONG KONG) Restricted

CHINA UNITED Neighborhood COMMUNICATIONS Crew CO., LTD.

CNOOC Restricted

COSTAR Workforce CO., LTD.

CSSC OFFSHORE & Marine ENGINEERING (Workforce) Company Constrained

FUJIAN TORCH ELECTRON Technological innovation CO., LTD.

GUIZHOU Room Equipment CO., LTD

HANGZHOU HIKVISION Digital Generation CO., LTD.

HUAWEI Funding determination & Protecting CO., LTD.

HUAWEI Applied sciences CO., LTD.

Inner MONGOLIA First actual Equipment Workforce CO., LTD.

INSPUR Crew CO., LTD.

JIANGXI HONGDU AVIATION Box CO., LTD.

NANJING PANDA ELECTRONICS Undertaking Minimum

NORTH NAVIGATION Care for Applied sciences CO., LTD.

PANDA ELECTRONICS Crew CO., LTD.

Established GLORY Money Confined

Showed HONOUR Finances Limited

SEMICONDUCTOR Production International Corporate

SHAANXI ZHONGTIAN ROCKET Generation Undertaking Confined

ZHONGHANG Digital MEASURING Units Group Limited