ICT Supply Chain
Securing the Information and Communications Technology and Services Supply Chain
The Executive Order: Securing the Information and Communications Technology and Services Supply Chain declares that threats to the information and communications technology and services supply chain by foreign adversaries are a national emergency. The Executive Order prohibits certain transactions that involve information and communications technology or services designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary whenever the Secretary of Commerce, in consultation with other Federal officials, determines that such a transaction, or a class of transactions:
- Poses an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of information and communications technology or services in the United States;
- Poses an undue risk of catastrophic effects on the security or resiliency of United States critical infrastructure or the digital economy of the United States; or
- Otherwise poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.
The Department of Commerce will issue regulations within 150 days to establish procedures for reviewing such transactions. The public is invited to submit comments.
NOTICE: A federal district court in N.D. California issued a nationwide preliminary injunction at 5:49 AM PDT on 9/19/2020 in the case of WeChat Users Alliance v. Trump, No. 20-cv-05910-LB. The Court granted the Plaintiffs’ motion for an injunction against the implementation of Executive Order 13943 (limited to the Secretary of Commerce’s Identification of Prohibited Transactions 1 through 6, WeChat/Tencent). The Commerce Department is obligated to comply with the Court’s Order and is taking immediate steps to do so. Accordingly, on September 21, 2020, the Commerce Department withdrew the Identification of Prohibited Transactions from the Federal Register prior to formal publication. The Secretary’s Identification of Prohibited Transactions will remain available for public inspection on the Commerce Department’s website. This serves as NOTICE that the Secretary’s prohibition of identified transactions pursuant to Executive Order 13943, related to WeChat/Tencent, HAVE BEEN ENJOINED, and WILL NOT GO INTO EFFECT, pending further legal developments.”
Identification of Prohibited Transactions to Implement Executive Order 13943 and Address the Threat Posed by WeChat and the National Emergency with Respect to the Information and Communications Technology and Services Supply Chain