[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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 13, 2021.

[FR Doc. 2021-01228
Filed 1-15-21; 8:45 am]
Billing code 3295-F1-P