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New OFAC FAQs Clarifying And Broadening Sanctions On Chinese Military Companies | Morrison & Foerster LLP


On December 28, 2020, the U.S. Treasury Department’s Office of Foreign Assets Control (“
FAQs”) that clarify the scope of Executive Order (“
E.O.”) 13959, the basis for OFAC’s new Chinese Military Companies sanctions program. These FAQs define key terms and clarify how OFAC will interpret E.O. 13959’s prohibition against U.S. investment in the securities of Communist Chinese Military Companies (“
CCMCs”), which goes into effect on January 11, 2021. In general, like previous sanctions programs, the new FAQs show that OFAC will read commonly used terms much more broadly than their common usage might suggest. Now that OFAC has clarified its stance on E.O. 13959, those operating in the investment management sector, especially banks, broker-dealers, investment advisers, and funds should review their assets to determine whether E.O. 13959 could affect their operations. The FAQs represent a Trump Administration decision to continue an aggressive approach tow ....

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Trump Administration Toughens Ban on Investment in Chinese Military Companies


Trump Administration Tightens Ban on Investment in Chinese Military Companies
WASHINGTON The Treasury Department on Dec. 28 released guidance for investors about the president’s new executive order that bans investment in companies with ties to the Chinese military. The guidelines clarify that the ban will include subsidiaries of all Chinese firms in the Pentagon’s blacklist, handing a clear win to national security advocates.
The notice came after a conflict reportedly broke out within the administration over how to implement the new order. The Pentagon and the State Department, according to media reports, had objected to Treasury Secretary Steven Mnuchin’s effort to soften the executive order by excluding subsidiaries from the ban list. ....

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Defense Bill Aims Additional Sanctions At Turkey, Russia, And China | Morrison & Foerster LLP


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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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