Other
Holding Foreign Companies Accountable Act
Dec. 1, 2021
On December 18, 2020, the Holding Foreign Companies Accountable Act ("HFCAA") became law.[1] Among other things, the statute requires the Commission to identify public companies that have retained a registered public accounting firm to issue an audit report where the firm has a branch or office that: (1) is located in a foreign jurisdiction, and (2) the Public Company Accounting Oversight Board (“PCAOB”) has determined that it is unable to inspect or investigate completely because of a position taken by an authority in the foreign jurisdiction.
Under the HFCAA, the PCAOB has the responsibility for determining that it is unable to inspect or investigate completely a registered public accounting firm or a branch or office of such a firm because of a position taken by an authority in a foreign jurisdiction. The Commission’s role at this stage of the process is solely to identify issuers that have used such PCAOB-identified public accounting firms to audit their financial statements.
The Commission staff will promptly add issuers it identifies under the HFCAA to the lists below, as described in more detail in Holding Foreign Companies Accountable Act Disclosure, Release No. 34-93701. Registrants are strongly encouraged to consult the release for information on how the HFCAA will be implemented.
This site and the information linked below comprises the relevant information related to the HFCAA and its implementation, and is where the Commission will list any Commission-Identified Issuers. The Commission’s process is not a forum to debate the statute or substantive issues such as the PCAOB’s prior determinations.
Issuers who wish to submit evidence to dispute being provisionally identified as a Commission-Identified Issuer under the HFCAA, may contact the staff at hfcaa@sec.gov.
PCAOB Determination Update
On December 15, 2022, the PCAOB vacated its 2021 determinations that the positions taken by authorities in mainland China and Hong Kong prevented it from inspecting and investigating completely registered public accounting firms headquartered in those jurisdictions. As a result, the Commission will not provisionally or conclusively identify an issuer as a Commission-Identified Issuer if it files an annual report with an audit report issued by a registered public accounting firm headquartered in either jurisdiction on or after December 15, 2022, until such time as the PCAOB issues a new determination.
The Commission will continue to include any Commission-Identified Issuer on the provisional or conclusive list if they filed an annual report with an audit report issued by a registered public accounting firm headquartered in mainland China and Hong Kong prior to the PCAOB’s decision to vacate its 2021 determination. Additionally, each Commission-Identified Issuer that is on the conclusive list must comply with the HFCAA’s submission and disclosure requirements for the year that it is identified, as described in Holding Foreign Companies Accountable Act Disclosure, Release No. 34-93701.
Trading Prohibition Update
On December 29, 2022, the President signed the Consolidated Appropriations Act, 2023, which, among other things, amended the HFCAA to reduce the number of consecutive years an issuer can be identified as a Commission-Identified Issuer before the Commission must impose an initial trading prohibition on the issuer’s securities from three years to two years. Therefore, once an issuer is identified as a Commission-Identified Issuer for two consecutive years, the Commission is required under the HCFAA to prohibit the trading of the issuer’s securities on a national securities exchange and in the over-the-counter market.
As noted above, on December 15, 2022, the PCAOB vacated its previous determinations that it is unable to inspect and investigate completely PCAOB-registered public accounting firms headquartered in mainland China and Hong Kong. Accordingly, until such time as the PCAOB issues any new determination, there are no issuers at risk of having their securities subject to a trading prohibition under the HFCAA.
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Provisional list of issuers identified under the HFCAA*
There is currently no issuer on the provisional list.
*Issuers provisionally identified will have 15 business days to contact Commission staff at hfcaa@sec.gov if they believe they have been incorrectly identified, and should include evidentiary support with their correspondence. Issuers are not subject to the requirements under the HFCAA until they have been conclusively identified.
Conclusive list of issuers identified under the HFCAA
| Issuer Name | CIK | Date conclusively identified | Current trading prohibition | Prior trading prohibition |
|---|---|---|---|---|
|
BeiGene, Ltd. |
1651308 | March 30, 2022 | Not applicable | Not applicable |
|
Yum China Holdings, Inc. |
1673358 | March 30, 2022 | Not applicable | Not applicable |
|
Zai Lab Limited |
1704292 | March 30, 2022 | Not applicable | Not applicable |
|
ACM Research, Inc. |
1680062 | March 30, 2022 | Not applicable | Not applicable |
|
HUTCHMED (China) Limited |
1648257 | March 30, 2022 | Not applicable | Not applicable |
|
Weibo Corporation |
1595761 | April 14, 2022 | Not applicable | Not applicable |
|
Futu Holdings Limited |
1754581 | April 21, 2022 | Not applicable | Not applicable |
|
Nocera, Inc. |
1756180 | April 21, 2022 | Not applicable | Not applicable |
|
iQIYI, Inc. |
1722608 | April 21, 2022 | Not applicable | Not applicable |
|
Baidu, Inc. |
1329099 | April 21, 2022 | Not applicable | Not applicable |
|
CASI Pharmaceuticals, Inc. |
895051 | April 21, 2022 | Not applicable | Not applicable |
|
Microvast Holdings, Inc. |
1760689 |
May 4, 2022 | Not applicable | Not applicable |
|
China Automotive Systems, Inc. |
1157762 |
May 4, 2022 | Not applicable | Not applicable |
|
Daqo New Energy Corp. |
1477641 |
May 4, 2022 | Not applicable | Not applicable |
|
Connect Biopharma Holdings Limited |
1835268 |
May 4, 2022 | Not applicable | Not applicable |
|
OneConnect Financial Technology Co., Ltd. |
1780531 |
May 4, 2022 | Not applicable | Not applicable |
|
Green Vision Biotechnology Corp. |
1571804 |
May 4, 2022 | Not applicable | Not applicable |
|
Legend Biotech Corporation |
1801198 |
May 4, 2022 | Not applicable | Not applicable |
|
Sohu.com Limited |
1734107 |
May 4, 2022 | Not applicable | Not applicable |
|
Studio City International Holdings Limited |
1713334 |
May 4, 2022 | Not applicable | Not applicable |
|
Melco Resorts & Entertainment Limited |
1381640 |
May 4, 2022 | Not applicable | Not applicable |
|
Logiq, Inc. |
1335112 |
May 4, 2022 | Not applicable | Not applicable |
|
Noah Holdings Limited |
1499543 |
May 4, 2022 | Not applicable | Not applicable |
|
Zhihu Inc. |
1835724 |
May 13, 2022 | Not applicable | Not applicable |
|
Nova Lifestyle, Inc. |
1473334 |
May 13, 2022 | Not applicable | Not applicable |
|
LOVARRA |
1746278 |
May 13, 2022 | Not applicable | Not applicable |
|
BeyondSpring Inc. |
1677940 |
May 13, 2022 | Not applicable | Not applicable |
|
Luckin Coffee Inc. |
1767582 |
May 13, 2022 | Not applicable | Not applicable |
|
Aurora Mobile Limited |
1737339 |
May 13, 2022 | Not applicable | Not applicable |
|
Scientific Energy, Inc. |
1276531 |
May 13, 2022 | Not applicable | Not applicable |
|
China Foods Holdings Limited |
1310630 |
May 13, 2022 | Not applicable | Not applicable |
|
Value Exchange International, Inc. |
1417664 |
May 13, 2022 | Not applicable | Not applicable |
|
JRSIS Health Care Corporation |
1597892 |
May 13, 2022 | Not applicable | Not applicable |
|
Entrepreneur Universe Bright Group |
1171326 |
May 13, 2022 | Not applicable | Not applicable |
|
CBAK Energy Technology, Inc. |
1117171 |
May 13, 2022 | Not applicable | Not applicable |
|
ZW Data Action Technologies Inc. |
1376321 |
May 13, 2022 | Not applicable | Not applicable |
|
AMTD IDEA Group |
1769731 |
May 13, 2022 | Not applicable | Not applicable |
|
BEST Inc. |
1709505 |
May 13, 2022 | Not applicable | Not applicable |
|
Li Auto Inc. |
1791706 |
May 13, 2022 | Not applicable | Not applicable |
|
KE Holdings Inc. |
1809587 |
May 13, 2022 | Not applicable | Not applicable |
|
Huaneng Power International, Inc. |
929058 |
May 26, 2022 | Not applicable | Not applicable |
|
Aluminum Corporation of China Limited |
1161611 |
May 26, 2022 | Not applicable | Not applicable |
|
Gracell Biotechnologies Inc. |
1826492 |
May 26, 2022 | Not applicable | Not applicable |
|
Fangdd Network Group Ltd. |
1750593 |
May 26, 2022 | Not applicable | Not applicable |
|
Yatsen Holding Limited |
1819580 |
May 26, 2022 | Not applicable | Not applicable |
|
Bilibili Inc. |
1723690 |
May 26, 2022 | Not applicable | Not applicable |
|
Pinduoduo Inc. |
1737806 |
May 26, 2022 | Not applicable | Not applicable |
|
36Kr Holdings Inc. |
1779476 |
May 26, 2022 | Not applicable | Not applicable |
|
Autohome Inc. |
1527636 |
May 26, 2022 | Not applicable | Not applicable |
|
Full Truck Alliance Co. Ltd. |
1838413 |
May 26, 2022 | Not applicable | Not applicable |
|
Yalla Group Limited |
1794350 |
May 26, 2022 | Not applicable | Not applicable |
|
Gaotu Techedu Inc. |
1768259 |
May 26, 2022 | Not applicable | Not applicable |
|
Yunji Inc. |
1759614 |
May 26, 2022 | Not applicable | Not applicable |
|
ATA Creativity Global |
1420529 |
May 26, 2022 | Not applicable | Not applicable |
|
UTStarcom Holdings Corp. |
1030471 |
May 26, 2022 | Not applicable | Not applicable |
|
LAIX Inc. |
1742056 |
May 26, 2022 | Not applicable | Not applicable |
|
Tencent Music Entertainment Group |
1744676 |
May 26, 2022 | Not applicable | Not applicable |
|
Adagene Inc. |
1818838 |
May 26, 2022 | Not applicable | Not applicable |
|
Cango Inc. |
1725123 |
May 26, 2022 | Not applicable | Not applicable |
|
VNET Group, Inc. |
1508475 |
May 26, 2022 | Not applicable | Not applicable |
|
Smart Share Global Limited |
1834253 |
May 26, 2022 | Not applicable | Not applicable |
|
Huazhu Group Limited |
1483994 |
May 26, 2022 | Not applicable | Not applicable |
|
CNFinance Holdings Limited |
1733868 |
May 26, 2022 | Not applicable | Not applicable |
|
UCLOUDLINK GROUP INC. |
1775898 |
May 26, 2022 | Not applicable | Not applicable |
|
Huize Holding Limited |
1778982 |
May 26, 2022 | Not applicable | Not applicable |
|
Hello Group Inc. |
1610601 |
May 26, 2022 | Not applicable | Not applicable |
|
Niu Technologies |
1744781 |
May 26, 2022 | Not applicable | Not applicable |
|
Trip.com Group Limited |
1269238 |
May 26, 2022 | Not applicable | Not applicable |
|
Vipshop Holdings Limited |
1529192 |
May 26, 2022 | Not applicable | Not applicable |
|
Lizhi Inc. |
1783407 |
May 26, 2022 | Not applicable | Not applicable |
|
17 Education & Technology Group Inc. |
1821468 |
May 26, 2022 | Not applicable | Not applicable |
|
Viomi Technology Co., Ltd |
1742770 |
May 26, 2022 | Not applicable | Not applicable |
|
ATRenew Inc. |
1838957 |
May 26, 2022 | Not applicable | Not applicable |
|
Sunlands Technology Group |
1723935 |
May 26, 2022 | Not applicable | Not applicable |
|
BlueCity Holdings Limited |
1791278 |
May 26, 2022 | Not applicable | Not applicable |
|
XPeng Inc. |
1810997 |
May 26, 2022 | Not applicable | Not applicable |
|
ZTO Express (Cayman) Inc. |
1677250 |
May 26, 2022 | Not applicable | Not applicable |
|
Agora, Inc. |
1802883 |
May 26, 2022 | Not applicable | Not applicable |
|
EHang Holdings Limited |
1759783 |
May 26, 2022 | Not applicable | Not applicable |
|
Phoenix New Media Limited |
1509646 |
May 26, 2022 | Not applicable | Not applicable |
|
Dada Nexus Limited |
1793862 |
May 26, 2022 | Not applicable | Not applicable |
|
X Financial |
1725033 |
May 26, 2022 | Not applicable | Not applicable |
|
China Southern Airlines Company Limited |
1041668 |
May 26, 2022 | Not applicable | Not applicable |
|
UP Fintech Holding Limited |
1756699 |
May 26, 2022 | Not applicable | Not applicable |
|
China Eastern Airlines Corporation Limited |
1030475 |
May 26, 2022 | Not applicable | Not applicable |
|
JD.com, Inc. |
1549802 |
May 26, 2022 | Not applicable | Not applicable |
|
China Mobile Limited |
1117795 |
May 26, 2022 | Not applicable | Not applicable |
|
Sinopec Shanghai Petrochemical Company Limited |
908732 |
May 26, 2022 | Not applicable | Not applicable |
|
JinkoSolar Holding Co., Ltd. |
1481513 |
May 26, 2022 | Not applicable | Not applicable |
|
Tuya Inc. |
1829118 |
May 26, 2022 | Not applicable | Not applicable |
|
360 DigiTech, Inc. |
1741530 |
May 26, 2022 | Not applicable | Not applicable |
|
HUYA Inc. |
1728190 |
May 26, 2022 | Not applicable | Not applicable |
|
NetEase, Inc. |
1110646 |
May 26, 2022 | Not applicable | Not applicable |
|
Waterdrop Inc. |
1823986 |
May 26, 2022 | Not applicable | Not applicable |
|
GDS Holdings Limited |
1526125 |
May 26, 2022 | Not applicable | Not applicable |
|
Canadian Solar Inc. |
1375877 |
May 26, 2022 | Not applicable | Not applicable |
|
Youdao, Inc. |
1781753 |
May 26, 2022 | Not applicable | Not applicable |
|
Fuwei Films (Holdings) Co., Ltd. |
1381074 |
May 26, 2022 | Not applicable | Not applicable |
|
Xunlei Limited |
1510593 |
May 26, 2022 | Not applicable | Not applicable |
|
Zepp Health Corporation |
1720446 |
May 26, 2022 | Not applicable | Not applicable |
|
Guangshen Railway Company Limited |
1012139 |
May 26, 2022 | Not applicable | Not applicable |
|
KANZHUN LIMITED |
1842827 |
May 26, 2022 | Not applicable | Not applicable |
|
China Petroleum & Chemical Corporation |
1123658 |
May 26, 2022 | Not applicable | Not applicable |
|
NIO Inc. |
1736541 |
May 26, 2022 | Not applicable | Not applicable |
|
CooTek (Cayman) Inc. |
1734262 |
May 26, 2022 | Not applicable | Not applicable |
|
Jianpu Technology Inc. |
1713923 |
May 26, 2022 | Not applicable | Not applicable |
|
LexinFintech Holdings Ltd. |
1708259 |
May 26, 2022 | Not applicable | Not applicable |
|
FinVolution Group |
1691445 |
May 26, 2022 | Not applicable | Not applicable |
|
111, Inc. |
1738906 |
May 26, 2022 | Not applicable | Not applicable |
|
China Life Insurance Company Limited |
1268896 |
May 26, 2022 | Not applicable | Not applicable |
|
RLX Technology Inc. |
1828365 |
May 26, 2022 | Not applicable | Not applicable |
|
DouYu International Holdings Limited |
1762417 |
May 26, 2022 | Not applicable | Not applicable |
|
Tuniu Corporation |
1597095 |
May 26, 2022 | Not applicable | Not applicable |
|
Baozun Inc. |
1625414 |
May 26, 2022 | Not applicable | Not applicable |
|
Fanhua Inc. |
1413855 |
May 26, 2022 | Not applicable | Not applicable |
|
Burning Rock Biotech Limited |
1792267 |
May 26, 2022 | Not applicable | Not applicable |
|
Hudson Capital Inc. |
1687542 |
May 26, 2022 | Not applicable | Not applicable |
|
Canaan Inc. |
1780652 |
May 26, 2022 | Not applicable | Not applicable |
|
I-Mab |
1778016 |
May 26, 2022 | Not applicable | Not applicable |
|
Qudian Inc. |
1692705 |
May 26, 2022 | Not applicable | Not applicable |
|
PetroChina Company Limited |
1108329 |
May 26, 2022 | Not applicable | Not applicable |
|
Genetron Holdings Limited |
1782594 |
May 26, 2022 | Not applicable | Not applicable |
|
JOYY Inc. |
1530238 |
May 26, 2022 | Not applicable | Not applicable |
|
iHuman Inc. |
1814423 |
May 26, 2022 | Not applicable | Not applicable |
|
Chindata Group Holdings Limited |
1807192 |
May 26, 2022 | Not applicable | Not applicable |
|
ReneSola Ltd |
1417892 |
May 26, 2022 | Not applicable | Not applicable |
|
Concord Medical Services Holdings Limited |
1472072 |
May 26, 2022 | Not applicable | Not applicable |
|
Sinovac Biotech Ltd. |
1084201 |
May 26, 2022 | Not applicable | Not applicable |
|
So-Young International Inc. |
1758530 |
June 1, 2022 | Not applicable | Not applicable |
|
Antelope Enterprises Holdings Limited |
1470683 |
June 1, 2022 | Not applicable | Not applicable |
|
iClick Interactive Asia Group Limited |
1697818 |
June 1, 2022 | Not applicable | Not applicable |
|
Lufax Holding Ltd |
1816007 |
June 1, 2022 | Not applicable | Not applicable |
|
Kuke Music Holding Limited |
1809158 |
June 1, 2022 | Not applicable | Not applicable |
|
LightInTheBox Holding Co., Ltd. |
1523836 |
June 1, 2022 | Not applicable | Not applicable |
|
Dingdong (Cayman) Limited |
1854545 |
June 1, 2022 | Not applicable | Not applicable |
|
Kingsoft Cloud Holdings Limited |
1795589 |
June 1, 2022 | Not applicable | Not applicable |
|
DiDi Global Inc. |
1764757 |
June 1, 2022 | Not applicable | Not applicable |
|
Qutoutiao Inc. |
1733298 |
June 1, 2022 | Not applicable | Not applicable |
|
China Online Education Group |
1659494 |
June 1, 2022 | Not applicable | Not applicable |
|
Plastec Technologies, Ltd. |
1433309 |
June 7, 2022 | Not applicable | Not applicable |
|
Secoo Holding Limited |
1633441 |
June 14, 2022 | Not applicable | Not applicable |
|
Moxian (BVI) Inc |
1864055 |
June 14, 2022 | Not applicable | Not applicable |
|
RISE Education Cayman Ltd |
1712178 |
June 14, 2022 | Not applicable | Not applicable |
|
Aesthetic Medical International Holdings Group Limited. |
1757143 |
June 14, 2022 | Not applicable | Not applicable |
|
Euro Tech Holdings Company Limited |
1026662 |
June 14, 2022 | Not applicable | Not applicable |
|
ChinaCache International Holdings Ltd. |
1498576 |
June 14, 2022 | Not applicable | Not applicable |
|
China Natural Resources, Inc. |
793628 |
June 14, 2022 | Not applicable | Not applicable |
|
GreenTree Hospitality Group Ltd. |
1724755 |
June 14, 2022 | Not applicable | Not applicable |
|
Wave Sync Corp. |
860131 |
June 24, 2022 | Not applicable | Not applicable |
|
FingerMotion, Inc. |
1602409 |
June 30, 2022 | Not applicable | Not applicable |
|
TAL Education Group |
1499620 |
July 19, 2022 | Not applicable | Not applicable |
|
Mercurity Fintech Holding Inc. |
1527762 |
July 19, 2022 | Not applicable | Not applicable |
|
Onion Global Limited |
1829949 |
July 25, 2022 | Not applicable | Not applicable |
|
Novagant Corp. |
1089297 |
August 5, 2022 | Not applicable | Not applicable |
|
Highway Holdings Limited |
1026785 |
August 5, 2022 | Not applicable | Not applicable |
|
MOGU Inc. |
1743971 |
August 22, 2022 | Not applicable | Not applicable |
|
Cheetah Mobile Inc. |
1597835 |
August 22, 2022 | Not applicable | Not applicable |
|
Alibaba Group Holding Limited |
1577552 |
August 22, 2022 | Not applicable | Not applicable |
|
Boqii Holding Limited |
1815021 |
August 22, 2022 | Not applicable | Not applicable |
|
Deswell Industries, Inc. |
946936 |
August 29, 2022 | Not applicable | Not applicable |
|
Xinyuan Real Estate Co., Ltd. |
1398453 |
August 29, 2022 | Not applicable | Not applicable |
|
Uxin Limited |
1729173 |
August 29, 2022 | Not applicable | Not applicable |
|
Global Cord Blood Corporation |
1467808 | September 14, 2022 | Not applicable | Not applicable |
|
AMTD Digital Inc. |
1809691 | September 28, 2022 | Not applicable | Not applicable |
|
Quhuo Limited |
1781193 | October 6, 2022 | Not applicable | Not applicable |
|
China Health Industries Holdings, Inc. |
1309057 | October 21, 2022 | Not applicable | Not applicable |
|
Hollysys Automation Technologies Ltd. |
1357450 | October 21, 2022 | Not applicable | Not applicable |
|
New Oriental Education & Technology Group Inc. |
1372920 | October 31, 2022 | Not applicable | Not applicable |
|
GSG Group Inc. |
1668523 | November 9, 2022 | Not applicable | Not applicable |
|
MINISO Group Holding Limited |
1815846 | November 18, 2022 | Not applicable | Not applicable |
|
CLPS Incorporation |
1724542 | November 18, 2022 | Not applicable | Not applicable |
| Bit Brother Ltd | 1543268 | December 5, 2022 | Not applicable | Not applicable |
| Missfresh Limited | 1851682 | December 13, 2022 | Not applicable | Not applicable |
| Leader Capital Holdings Corp. | 1715433 | February 1, 2023 | Not applicable | Not applicable |
[1] Pub. L. No. 116-222, 134 Stat. 1063 (Dec. 18, 2020).