OFAC issues new frequently asked questions regarding Chinese Military Companies Sanctions

On June 1, 2022, the US Department of Treasury Office of Foreign Assets Control published three frequently asked questions regarding sanctions pertaining Chinese Military-Industrial Complex Companies’ (CMIC) securities covered by Executive Order 13959, as amended.   FAQs 1046, 1047 and 1048 deal with the relevant 365-day divestment period under Executive Order 13959, as amended, related to the purchase or sale of CMIC securities.  In FAQ 1046, OFAC clarifies that US persons are not required to divest their holdings during the 365-day divestment period; however, the purchase or sale of CMIC securities by US persons is prohibited after the divestment period, absent OFAC authorization.  According to FAQ 1047, US persons who hold securities of CMICs identified in EO 13959 may continue to receive and process cash dividends and stock splits related to such covered securities, while the purchase of CMIC securities effected through dividend reinvestments by US persons is prohibited.  However, following the relevant period, US persons may continue to facilitate the distribution of dividend reinvestments for non-US persons.  Finally, FAQ 1048 provides that US financial institutions are not required to block the attempted purchase or sale of CMIC securities after the relevant 365-day divestment period as long as the purchase/sale is to, from, or between non-US persons.  

Department of Treasury Recent Actions | New FAQs