§ 5-10.2-13-8 — "Restricted entity"

Indiana § 5-10.2-13-8

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 10.2: PUBLIC RETIREMENT AND DISABILITY
• Ch. 13: Divestment From Chinese Companies

Text

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.

Legislative History

As added by P.L.104-2023, SEC.1.