[House Document 118-78]
[From the U.S. Government Publishing Office]
118th Congress, 1st Session - - - - - - - - - - House Document 118-78
SECURITIES INVESTMENTS THAT FINANCE CERTAIN COMPANIES OF THE PEOPLE'S
REPUBLIC OF CHINA
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
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 SCOPE BY EXECUTIVE ORDER 14032 OF
JUNE 3, 2021, IS TO CONTINUE IN EFFECT BEYOND NOVEMBER 12, 2023,
PURSUANT TO (90 STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 7, 2023.--Message and accompanying papers referred to the
Committee on Foreign Affairs and ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
49-011 WASHINGTON : 2023
To the Congress of the United States:
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) that was declared in Executive
Order 13959 of November 12, 2020, and expanded in scope in
Executive Order 14032 of June 3, 2021, is to continue in effect
beyond November 12, 2023.
The PRC exploits 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 PRC.
Joseph R. Biden, Jr.
The White House, November 3, 2023.
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 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, 2023. 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 3, 2023.
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