ARTICLE
13 January 2021

OFAC Authorizes Certain Transactions Involving Communist Chinese Military Companies

CW
Cadwalader, Wickersham & Taft LLP
Contributor
Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
According to FAQ 858, such transactions otherwise would be prohibited by Section 1(a)(i) of EO 13959.
China Corporate/Commercial Law
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OFAC authorized certain transactions that involve the publicly traded securities of an entity whose name "closely matches" that of a Communist Chinese military company identified in the Annex of Executive Order ("EO") 13959 ("Addressing the Threat From Securities Investments That Finance Communist Chinese Military Companies"), but that has not itself been listed on OFAC's Non-SDN Communist Chinese Military Companies List. The transactions are authorized through January 28, 2021 under General License ("GL") No. 1.

According to FAQ 858, such transactions otherwise would be prohibited by Section 1(a)(i) of EO 13959.

OFAC clarified in FAQ 865  that market intermediaries and other market participants may engage in "ancillary or intermediary activities" that are "necessary to effect" investors' divestiture from the publicly traded securities of Communist Chinese military companies during applicable wind-down periods.

Primary Sources

  1. OFAC General License 1: Authorizing Transactions Involving Securities of Certain Communist Chinese Military Companies
  2. OFAC FAQ: Chinese Military Companies Sanctions - 865

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
13 January 2021

OFAC Authorizes Certain Transactions Involving Communist Chinese Military Companies

China Corporate/Commercial Law
Contributor
Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
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