United States: Executive Order 13959 as amended - Finance of Communist Chinese Military Companies - Update III

24.02.2021

Note: This announcement, originally published on 7 January 2021 and updated on 8 January and 28 January 2021, has been further updated (ISIN: CNE1000001Y8 removed).

Clearstream Banking1 reminds customers that effective

09:30 (Eastern Standard Time) 11 January 2021

by means of the United States Executive Order 13959 as amended (the “Executive Order” or "E.O.") transactions involving the purchase by United States persons2 of securities issued by companies on the Non-SDN Communist Chinese Military Companies List published by the Office of Foreign Assets Control (“OFAC”), as well as derivatives of, and securities which provide an economic exposure to, such OFAC-listed securities (collectively, “CMC Securities”), are prohibited. Divestment from such securities by U.S. persons to non-U.S. persons is, however, permitted until 23:59 on 11 November 2021.

For any settlement instructions with trade date 11 January 2021 or thereafter to receive, with or without payment, or to deliver to the domestic market, in respect of the below securities, Clearstream Banking customers must provide a representation of sanctions compliance in the narrative field of their instruction (for example, field :70E::SPRO// of the MT54x instruction) or in a separate authenticated message (for example, MT599) referencing their instruction ID. The required sanctions representation wording is as follows: “EO13959COMP We represent this instruction is compliant with U.S. E.O. 13959 as amended and is not a sale to or an acquisition by or for a U.S. person in breach of E.O.13959". For field :70E::SRPO// and due to the 70-character space restriction of that field, Clearstream Banking customers can provide the key word “EO13959COMP” in this field to denote that they have ensured the full sanctions compliance of the instruction with E.O.13959. This applies to the following securities which are eligible for settlement in Clearstream Banking:

Common Code

ISIN Code

Issuer/Instrument Name

027775195

CNE1000002F5

CHINA COMMUNICATIONS CONSTRUCTION COMPANY LIMITED

7975040

CNE1000003T4

SHS NANJING PANDA ELECTR. CO. LTD.

035053794

CNE100000981

CHINA RAILWAY CONSTRUCTION CORPORATION LIMITED

038478036

CNE100000BG0

CRRC CORPORATION LIMITED

133480358

XS1334803589

CRRC CORPORATION LIMITED

133481931

XS1334819312

CHINA RAILWAY CONSTRUCTION CORPORATION LIMITED

For any settlement instructions with trade date 1 February 2021 or thereafter to receive with or without payment or to deliver to the domestic market, in respect of the below securities, Clearstream Banking customers must provide a representation of sanctions compliance in the narrative field of their instruction (for example, field :70E::SPRO// of the MT54x instruction) or in a separate authenticated message (for example, MT599) referencing their instruction ID. The required sanctions representation wording is as follows “EO13959COMP We represent this instruction is compliant with U.S. E.O. 13959 as amended and is not a sale to or an acquisition by or for a U.S. person in breach of E.O.13959". For field :70E::SRPO//, and due to the 70-character space restriction of that field, Clearstream Banking customers can provide the key word “EO13959COMP” in this field to denote that they have ensured the full sanctions compliance of the instruction with E.O.13959. This applies to the following securities which are eligible for settlement in Clearstream Banking:

Common Code

ISIN Code

Issuer/Instrument Name

210182845

XS2101828452

USD 2,693 SEMICONDUC.MANUFAC (REGS) 20-2025

018777754

US81663N2062

ADR SEMICONDUCTOR MANUFACTURING (ADR1/50SHS)

154216812

KYG8020E1199

SHS SEMICONDUC.MANUFAC ORD REG

For any settlement instructions with trade date 9 March 2021 or thereafter, to receive, with or without payment or to deliver to the domestic market, in respect of the below securities, Clearstream Banking customers must provide a representation of sanctions compliance in the narrative field of their instruction (for example, field :70E::SPRO// of the MT54x instruction) or in a separate authenticated message (for example, MT599) referencing their instruction ID. The required sanctions representation wording is as follows “EO13959COMP We represent this instruction is compliant with U.S. E.O. 13959 as amended and is not a sale to or an acquisition by or for a U.S. person in breach of E.O.13959". For field :70E::SRPO//, and due to the 70-character space restriction of that field, Clearstream Banking customers can provide the key word “EO13959COMP” in this field to denote that they have ensured the full sanctions compliance of the instruction with E.O.13959. This applies to the following securities which are eligible for settlement in Clearstream Banking:

Common Code

ISIN Code

Issuer/Instrument Name

19005836

HK0883013259

CNOOC LIMITED-CCASS

12550260

US1261321095

CNOOC LIMITED

015712864

CNE1000002V2

CHINA TELECOM CORPORATION LIMITED

039591812

HK0000049939

CHINA UNICOM (HONG KONG)/CCASS 762

011399207

HK0941009539

SHS CHINA MOBILE LTD (CCASS 941)

019548449

US16941M1099

ADR CHINA MOBILE LTD (ADR1/5SHS)

011345018

US16941M1099

ADR CHINA MOBILE LTD (ADR1/5SHS)

015709260

US1694261033

CHINA TELECOM CORPORATION LIMITED

011342582

US16945R1041

CHINA UNICOM

Instructions without the required representation of sanctions compliance may not be able to settle or may experience delays in settlement, including at domestic market level.

Customers should take note that the securities listed in this communication will not be made eligible for collateral or lending purposes.

Notwithstanding the above requirements, customers are reminded that according to the Clearstream Banking General Terms and Conditions, they are responsible for ensuring that all instructions settled by them through Clearstream Banking comply with applicable laws, including sanctions.

As a matter of good practice, customers should also observe any investment or selling restrictions (for example, regarding U.S. investors) stipulated in the securities issuance documentation. This includes the documentation covering for example, Structured Products, ETFs and Investment Funds. Clearstream Banking customers therefore need to ensure that instructions in this context are also in compliance with U.S. E.O.13959 as amended and do not represent a sale to or an acquisition by or for a U.S. person in breach of E.O.13959 as amended.

Under Clearstream Banking's terms of business, customers are reminded that, by engaging in or settling any transaction in CMC Securities including exchange-traded instruments using facilities provided by Clearstream Banking, customers represent, and agree that they will be deemed to reconfirm each time they instruct involving CMC Securities using such facilities, that they are aware of the restrictions imposed by E.O.13959 as amended, that they have conducted reasonable due diligence on the parties to the transaction and that the transaction is permissible under E.O.13959 as amended. 

Further information

For further information, please contact Clearstream Banking Customer Service or your Relationship Officer.

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1. Clearstream Banking refers collectively to Clearstream Banking S.A., registered office at 42, avenue John F. Kennedy, L-1855 Luxembourg, and registered with the Luxembourg Trade and Companies Register under number B-9248, and Clearstream Banking AG (for Clearstream Banking AG customers using Creation Accounts), registered office at 61, Mergenthalerallee, 65760 Eschborn, Germany and registered in Register B of the Amtsgericht Frankfurt am Main, Germany under number HRB 7500.

2. A United States (U.S.) person is “a U.S. citizen, a U.S. permanent resident alien, an entity organised under the laws of the U.S. (including its foreign branches) or any individual or entity in the United States".