[House Document 117-72]
[From the U.S. Government Publishing Office]
117th Congress, 1st Session--------------------HOUSE DOUCUMENT 117-72
======================================================================
CONTINUATION OF THE NATIONAL EMERGENCY WITH RESPECT TO THE THREAT FROM
SECURITIES INVESTMENTS THAT FINANCE CERTAIN COMPANIES OF THE PEOPLE'S
REPUBLIC OF CHINA
__________
COMMUNICATION
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
NOTIFICATION THAT THE NATIONAL EMERGENCY WITH RESPECT TO THE THREAT
FROM SECURITIES INVESTMENTS THAT FINANCE CERTAIN COMPANIES OF THE
PEOPLE'S REPUBLIC OF CHINA DECLARED IN EXECUTIVE ORDER 13959 OF
NOVEMBER 12, 2020, AND EXPANDED IN EXECUTIVE ORDER 14032 OF JUNE 3,
2021, IS TO CONTINUE IN EFFECT BEYOND NOVEMBER 12, 2021, PURSUANT TO 50
U.S.C. 1622(d); PUBLIC LAW 94-412, SEC. 202(d); (90 STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 9, 2021.--Referred to the Committee on Foreign Affairs and
ordered to be printed
The White House,
Washington, November 9, 2021
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: Section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic
termination of a national emergency unless, within 90 days
prior to the anniversary date of its declaration, the President
publishes in the Federal Register and transmits to the Congress
a notice stating that the emergency is to continue in effect
beyond the anniversary date. In accordance with this provision,
I have sent to the Federal Register for publication the
enclosed notice stating that the national emergency with
respect to the threat from securities investments that finance
certain companies of the People's Republic of China (PRC)
declared in Executive Order 13959 of November 12, 2020, and
expanded in Executive Order 14032 of June 3, 2021, is to
continue in effect beyond November 12, 2021.
The PRC is increasingly exploiting United States capital to
resource and to enable the development and modernization of its
military, intelligence, and other security apparatuses, which
continues to allow the PRC to directly threaten the United
States homeland and United States forces overseas. Through the
national strategy of Military-Civil Fusion, the PRC increases
the size of the country's military-industrial complex by
compelling civilian Chinese companies to support its military
and intelligence activities. Those companies, though remaining
ostensibly private and civilian, directly support the PRC's
military, intelligence, and security apparatuses. At the same
time, those companies raise capital by selling securities to
United States investors that trade on public exchanges both
here and abroad, lobbying United States index providers and
funds to include these securities in market offerings, and
engaging in other acts to ensure access to United States
capital.
The PRC military-industrial complex, by directly supporting
the efforts of the PRC's military, intelligence, and other
security apparatuses, continues to constitute an unusual and
extraordinary threat, which has its source in whole or
substantial part outside the United States, to the national
security, foreign policy, and economy of the United States. In
addition, the use of Chinese surveillance technology outside
the PRC and the development or use of Chinese surveillance
technology to facilitate repression or serious human rights
abuse continue to constitute unusual and extraordinary threats,
which have their source in whole or substantial part outside
the United States, to the national security, foreign policy,
and economy of the United States. Therefore, I have determined
that it is necessary to continue the national emergency
declared in Executive Order 13959, expanded in scope by
Executive Order 14032, with respect to the threat from
securities investments that finance certain companies of the
People's Republic of China.
Joseph R. Biden, Jr.
Notice
----------
Continuation of the National Emergency With Respect to the Threat From
Securities Investments That Finance Certain Companies of the People's
Republic of China
On November 12, 2020, by Executive Order 13959, the
President declared a national emergency pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) to deal with the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United
States constituted by the threat from securities investments
that finance certain companies of the People's Republic of
China (PRC).
The President found that the PRC is increasingly exploiting
United States capital to resource and enable the development
and modernization of its military, intelligence, and other
security apparatuses, which continues to allow the PRC to
directly threaten the United States homeland and United States
forces overseas. Through the national strategy of Military-
Civil Fusion, the PRC increases the size of the country's
military-industrial complex by compelling civilian Chinese
companies to support its military and intelligence activities.
Those companies, though remaining ostensibly private and
civilian, directly support the PRC's military, intelligence,
and security apparatuses and aid in their development and
modernization. At the same time, those companies raise capital
by selling securities to United States investors that trade on
public exchanges both here and abroad, lobbying United States
index providers and funds to include these securities in market
offerings, and engaging in other acts to ensure access to
United States capital.
The President further found that the PRC's military-
industrial complex, by directly supporting the efforts of the
PRC's military, intelligence, and other security apparatuses,
constituted an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States.
On January 13, 2021, the President signed Executive Order
13974 amending Executive Order 13959.
On June 3, 2021, I signed Executive Order 14032, which
expanded the scope of the national emergency declared in
Executive Order 13959. I found that additional steps are
necessary to address that national emergency, including the
threat posed by the military-industrial complex of the PRC and
its involvement in military, intelligence, and security
research and development programs, and weapons and related
equipment production under the PRC's Military-Civil Fusion
strategy. In addition, I found that the use of Chinese
surveillance technology outside the PRC and the development or
use of Chinese surveillance technology to facilitate repression
or serious human rights abuse constituted unusual and
extraordinary threats to the national security, foreign policy,
and economy of the United States, and I expanded the national
emergency to address these threats. Executive Order 14032
amended Executive Order 13959 and revoked Executive Order 13974
in its entirety.
The threat from securities investments that finance certain
companies of the PRC and certain uses and development of
Chinese surveillance technology continue to pose an unusual and
extraordinary threat to the national security, foreign policy,
and economy of the United States.
For this reason, the national emergency declared in
Executive Order 13959 of November 12, 2020, expanded in scope
by Executive Order 14032 of June 3, 2021, must continue in
effect beyond November 12, 2021. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C.
1622(d)), I am continuing for 1 year the national emergency
declared in Executive Order 13959 with respect to the threat
from securities investments that finance certain companies of
the PRC and expanded in Executive Order 14032.
This notice shall be published in the Federal Register and
transmitted to the Congress.
Joseph R. Biden, Jr.
The White House, November 9, 2021.
[all]