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Alison J. Stafford Powell

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US – President signs Executive Order amending ban on US Persons purchasing securities of certain Chinese companies

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On June 3, 2021, President Biden issued Executive Order 14032, “Addressing the Threat from Securities Investments that Finance Certain Companies of the People’s Republic of China” (the “CMIC EO”). This amends and replaces Executive Order 13959 (EO 13959) and revokes Executive Order 13974 (EO 13974) that restricted investments in certain “Communist Chinese Military Companies” (CCMCs). The main changes implemented by the CMIC EO and related public guidance are to (1) change the group of targeted Chinese companies to focus on…

US Government imposes new sanctions on Russia, designates several Russian technology companies and other persons, bans US financial institutions from dealing in Ruble-denominated Russian sovereign debt, and issues updated guidance and FAQs on PEESA and on US arms embargo on Russia

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In the past several days, the US Government has issued a slew of sanctions measures targeting Russia. These represent the first major escalation of sanctions against Russia under the Biden Administration and, according to a White House Fact Sheet, are stated to be in response to Russia’s “harmful foreign activities,” including efforts to undermine free and fair democratic elections and institutions, malicious cyber activities (including the recent SolarWinds incident), transnational corruption, targeting of dissidents and journalists,…

US Government sanctions Burmese military conglomerates, issues wind-down and humanitarian General Licenses and tightens export controls for Burma (Myanmar)

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The US Government has imposed a series of sanctions against Myanmar Economic Corporation Limited (MEC) and Myanma Economic Holdings Public Company Limited (a.k.a. Myanmar Economic Holding Limited) (MEHL), two military-affiliated conglomerates, in response to the February military coup in Burma (Myanmar). The combined restrictions are likely to have a significant impact on business activities in Burma as these conglomerates have substantial interests and joint ventures in several sectors of the Burmese economy, including trading, natural…

OFAC issues General License 1A concerning restrictions on Communist Chinese Military Companies and related FAQs

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On January 27, 2021, the US Treasury Department’s Office of Foreign Assets Control (OFAC) issued General License 1A, “Authorizing Transactions Involving Securities of Certain Communist Chinese Military Companies,” (“GL 1A”) in relation to OFAC’s Communist Chinese Military Companies (“CCMCs”) sanctions program as implemented pursuant to Executive Order 13959 (“EO 13959”) and amended by Executive Order 13974. OFAC concurrently published frequently asked questions (FAQs) 878 and 879, which clarify OFAC’s previous guidance on subsidiary entities with names that “closely match”…

US – Commerce amends the EAR to implement revised Unmanned Aerial System licensing review policy

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On January 12, 2021, the Department of Commerce issued a final rule (the “Final Rule”) amending the Export Administration Regulations (EAR) to implement recent licensing review policy changes for exports of US-origin unmanned aerial systems (UAS), also known as “drones.” Our prior blog posts on UAS export policy developments are available here and here. The Final Rule implements the more flexible export license review policy applicable to a specific subset of UAS with maximum airspeeds of less than 800 km…

US Government designates the Central Bank of Syria and high-ranking officials in the Syrian Government and issues related FAQs

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On December 22, 2020, the US Treasury Department’s Office of Foreign Assets Control (OFAC) formally added the Central Bank of Syria (“CBOS”) to the List of Specially Designated Nationals and Blocked Persons (the “SDN List”) along with certain high-ranking officials in the Syrian government and affiliated entities. Concurrent with OFAC’s designations, the US State Department (State Department) designated six Syrian individuals pursuant to Section 2 of Executive Order 13894, “Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation…

President signs Executive Order prohibiting US Persons from purchasing securities of certain Chinese companies

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On November 12, 2020, President Trump signed Executive Order 13959, “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies” (the “China Securities EO”), which aims to prevent US investors from financing the development of the People’s Republic of China’s military, intelligence, and security capabilities by prohibiting purchases of securities of certain “Communist Chinese military companies.” This development builds on US Government concerns over China’s civil/military fusion and access to US capital markets and financing.…

US Government suspends private charter flights between the United States and Cuba

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On August 13, 2020, US Secretary of State Mike Pompeo issued a statement requesting that the US Department of Transportation (DOT) suspend private charter flights to all Cuban airports. This action will suspend all charter flights between the United States and Cuba over which the DOT exercises jurisdiction, except for authorized public charter flights to and from Havana and other private charter flights authorized for limited purposes. Secretary Pompeo’s statement cites the Administration’s intent to deny economic resources to…

US suspends EAR license exceptions and halts defense exports for Hong Kong, imposes visa restrictions in response to China’s new National Security Law for Hong Kong

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The US Administration has taken a series of actions in recent days to tighten US export controls for Hong Kong and to sanction Chinese government officials in response to the decision of the Chinese Communist Party (CCP) to impose a new national security law for Hong Kong. Most significantly, these actions put Hong Kong on a par with China with respect to license exception eligibility under the US Export Administration Regulations (EAR) by suspending all EAR…

US Administration announces intention to take steps to end Hong Kong’s special status under US law based on determination that Hong Kong is no longer “sufficiently autonomous”

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On May 29, 2020, the president announced in a White House press conference the Administration’s determination that Hong Kong is no longer sufficiently autonomous from the People’s Republic of China (“PRC”), and that the US Government would take “strong and meaningful” steps to “begin the process” of reviewing and revoking the “full range of agreements” that currently provide Hong Kong with preferential treatment. This determination follows Secretary of State Michael Pompeo’s certification to Congress on May 27, 2020 that…