Transnational Criminal Organizations
Country-Level and Policy-Level Programs. Certain of the sanctions programs are focused on individual countries (the “country-level programs”), while others target specific activities on a global basis such as terrorist and non-proliferation sanctions (the “policy-level programs”). Under a number of the country-level programs (such as Iran, Syria, N. Korea, Cuba and the Crimea region of Ukraine – the “comprehensive sanctions programs”) U.S. persons are prohibited from entering into effectively all business transactions with the targeted country, its government and its nationals, including the export and import of products, technologies and services, payments and investments, subject to exceptions described below.[5] For other country-level programs, such as Russia, Ukraine and Venezuela, certain business activities within the country are prohibited but others are permitted (the “partial sanctions programs”). For
Beijing “is increasingly exploiting United States capital to resource and to enable the development and modernization of its military, intelligence and other security apparatuses,” Trump said in a November 12 executive order.
The order deems the People’s Republic of China’s military-industrial complex an “unusual and extraordinary threat” to U.S. national security, foreign policy and economy and declares a national emergency to address that threat.
The action prohibits U.S. individuals and entities from conducting transactions in publicly traded securities of companies the U.S. government has designated “Communist Chinese Military Companies.” The order also prohibits transactions in securities that are derivative of or otherwise related to such securities.
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One of the widest-ranging bills of the U.S. Congress’s legislative year, the National Defense Authorization Act for Fiscal Year 2021 (
NDAA), is nearing the finish line as both the House and Senate overwhelmingly approved the bill last week. Now the NDAA is on its way to President Trump’s desk for his signature (or potential veto more on that below). As with most NDAAs in recent years, Congress has included a host of sanctions and similar measures, with this year’s bill targeting Turkey’s purchase of a Russian air defense missile system, Russian energy export pipelines, and Chinese Military Companies and other activities in the United States.
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Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the procurement-related provisions that likely will remain once the NDAA is enacted and will be of wide interest to federal contractors. Note that many of these new statutory provisions will require implementation through notice-and-comment rulemaking before they are likely to have any practical effect on contractors.
Our colleagues in MoFo’s National Security group have compiled their own summary, which analyzes a host of sanctions and related measures, including sanctions targeting Turkey’s purchase of a Russian air defense missile system, Russian energy export pipelines, and Chinese Military Companies and other activities in the United States. We encourage you to read it, as well, and to engage with ou
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Marsha Blackburn Introduces Legislation to Defund Businesses Linked to the Chinese Military
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Washington, D.C. – On Thursday, December 10th, 2020, U.S. Senator Marsha Blackburn (R Tenn.) introduced legislation to prohibit U.S. pension investments in Chinese companies.
“There is no line between the Chinese Communist Party and Chinese businesses. Companies like Huawei prop up and assist the regime in their genocide of the Muslims Uyghurs, Inner Mongolians, Tibetans, and other religious and ethnic minorities. American dollars should not be used to violate human rights,” said Senator Blackburn.