Section 5-10.2-13-8 - "Restricted entity" As used in this chapter, "restricted entity" refers to the following, including wholly owned subsidiaries, majority owned subsidiaries, parent companies, and affiliates that exist for profit-making purposes:
(1) Any person (other than a U.S. person (as defined in 15 CFR 772.1)) that is identified for the People's Republic of China on the Entity List (Supplement No. 4 to 15 CFR Part 744 ) as a person reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States until the End-User Review Committee of the Bureau of Industry and Security in the United States Department of Commerce determines that the person no longer meets that criteria and removes the person from the list.(2) Any person that: (A) the United States Secretary of Defense has listed as a Communist Chinese military company operating directly or indirectly in the United States or in any of its territories or possessions pursuant to Section 1237 of Public Law 105-261, as amended by Section 1233 of Public Law 106-398 and Section 1222 of Public Law 108-375 until such time as the United States Secretary of Defense removes the person from such list;(B) the United States Secretary of Defense, in consultation with the United States Secretary of the Treasury, determines is a Communist Chinese military company operating directly or indirectly in the United States or in any of its territories or possessions and therefore lists as such pursuant to Section 1237 of Public Law 105-261, as amended by Section 1233 of Public Law 106-398 and Section 1222 of Public Law 108-375, until such time as the United States Secretary of Defense removes the person from such list; or(C) the United States Secretary of the Treasury publicly lists as meeting the criteria in Section 1237(b)(4)(B) of Public Law 105-261, or publicly lists as a subsidiary of a person already determined to be a Communist Chinese military company, until the United States Secretary of the Treasury determines that the person no longer meets that criteria and removes the person from such list.(3) Any investment that is domiciled, issued, incorporated, or listed in the People's Republic of China (other than a U.S. person or U.S. subsidiary (as defined in 15 CFR 772.1)) or that is publicly confirmed to be controlled by the People's Republic of China, the Chinese Communist Party, or a provincial division, municipality, governmental agency, sovereign wealth fund, or political instrumentality of the People's Republic of China.(4) Any organization or citizen that is identified by the appropriate government agencies to be required by the National Intelligence Law of the People's Republic of China (2017), as amended in 2018, or any successor to support, assist, and cooperate with the state intelligence work of the People's Republic of China and keep the secrets of the national intelligence work of the People's Republic of China.Added by P.L. 104-2023,SEC. 1, eff. 5/1/2023.