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OFAC Extends Authorization on "Wind Down" Transactions for Certain Chinese Entities

OFAC extended its authorization for certain "wind down and divestment" transactions and activities related to blocked subsidiaries of the Xinjiang Production and Construction Corps ("XPCC").

The authorization was originally set to expire on September 30, 2020, under General License 2. It is now extended through November 30, 2020, under General License 2A. General License 2A replaces and supersedes General License 2. OFAC also updated a related FAQ to reflect the extended authorization.

As previously covered, the designation of the XPCC was linked to human rights abuse in the Xinjiang Uyghur Autonomous Region (or "XUAR"). OFAC's designation of the XPCC was pursuant to Executive Order 13818, "Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption," which implemented the Global Magnitsky Human Rights Accountability Act. As a result of OFAC's action, all entities that are owned 50 percent or greater by the XPCC are automatically "blocked" (i.e., the "Blocked XPCC Subsidiaries"), and U.S. persons generally are prohibited from engaging in transactions with these entities.

Additionally, OFAC issued an FAQ clarifying that the designation of a Hong Kong Special Administrative Region ("HKSAR") government official does not block the HKSAR government or the agency connected to the official. However, OFAC recommended that U.S. persons exercise caution when transacting with HKSAR government agencies that have officials on the Specially Designated Nationals and Blocked Persons List.

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