united-states international finance china
Executive order by Trump on 2020-11-12 barring investment in publicly traded companies that the US says are owned/controlled by the Chinese military
<p>I read on <a href="https://finance.yahoo.com/amphtml/news/china-warns-retaliation-nyses-delisting-112950731.html" rel="nofollow noreferrer">finance.yahoo.com</a> (<a href="https://web.archive.org/web/20210102231442/https://finance.yahoo.com/amphtml/news/china-warns-retaliation-nyses-delisting-112950731.html" rel="nofollow noreferrer">mirror</a>):</p>
<blockquote>
<p>The move stems from an executive order President Donald Trump issued on Nov. 12 barring investment in publicly traded companies that the U.S. government says are owned or controlled by the Chinese military.</p>
</blockquote>
<p>I'm confused by the executive order:</p>
<ol>
<li>Does this only concern US citizens, or also US legal permanent residents?</li>
<li>I understand that such Chinese companies will be delisted from NYSE. Does it allow such Chinese companies to be still traded via <a href="https://en.wikipedia.org/wiki/OTC_Bulletin_Board" rel="nofollow noreferrer">OTC Bulletin Board</a>?</li>
<li>Does it allow US citizens/residence to own shares in such Chinese companies via non-US
brokerage account?</li>
</ol>

<p>The order itself is <a href="https://www.whitehouse.gov/presidential-actions/executive-order-addressing-threat-securities-investments-finance-communist-chinese-military-companies/" rel="noreferrer">here</a>. It applies to &quot;any United States person&quot;, which includes citizens, LPRs, entities with a US basis, and any other person in the US including tourists. It applies to transactions, and not static possession. There is no exception to the effect that &quot;you can trade as long as it's not on the NYSE&quot;, and it says</p>
<blockquote>
<p>Any transaction by a United States person or within the United States
that evades or avoids, has the purpose of evading or avoiding, causes
a violation of, or attempts to violate the prohibitions set forth in
this order is prohibited</p>
</blockquote>
<p>The order is not just directed at brokers, or the NYSE, it applies to everybody / everything everywhere, if you are a US person. Apparently there was some unclarity on the OTC question, which <a href="https://www.jdsupra.com/legalnews/new-ofac-faqs-clarifying-and-broadening-50901/" rel="noreferrer">was clarified</a> by the Office of Foreign Assets Control, to the effect that it includes OTC trading.</p>
