Presidential Documents

4875 

Federal Register 

Vol. 86, No. 11 

Tuesday, January 19, 2021 

Title 3— 

The President 

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 


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4876 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Presidential Documents 

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. 

THE WHITE HOUSE, 

January 13, 2021. 

[FR Doc. 2021–01228 

Filed 1–15–21; 8:45 am] 

Billing code 3295–F1–P 


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