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Presidential Documents
Federal Register Vol. 86, No. 11
Tuesday, January 19, 2021

Title 3

Executive Order 13974 of January 13, 2021

The President
Amending Executive Order 13959Addressing 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 Peoples Republic of Chinas military-industrial complex, hereby order as follows:

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Section 1. Section 1b and c of Executive Order 13959 are amended to read as follows:
b Notwithstanding subsection ai 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 4ai 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 aii of this section, for a person determined to be a Communist Chinese military company pursuant to section 4aii 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 aii 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 1237b4B of Public Law 105
261, as amended by section 1233 of Public Law 106398 and section 1222 of Public Law 108375, 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 1237b2 of Public Law 105261, as amended by section 1233 of Public Law 106398 and section 1222 of Public Law 108375; or iii any person that the Secretary of the Treasury publicly lists as meeting the criteria described in section aii of this section, or publicly lists as a subsidiary of a person already determined to be a Communist Chinese
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