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Presidential Documents

Federal Register
Vol. 84, No. 96
Friday, May 17, 2019

Title 3—

Executive Order 13873 of May 15, 2019

The President

Securing the Information and Communications Technology
and Services Supply Chain
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United
States Code,
I, DONALD J. TRUMP, President of the United States of America, find
that foreign adversaries are increasingly creating and exploiting
vulnerabilities in information and communications technology and services,
which store and communicate vast amounts of sensitive information, facilitate
the digital economy, and support critical infrastructure and vital emergency
services, in order to commit malicious cyber-enabled actions, including economic and industrial espionage against the United States and its people.
I further find that the unrestricted acquisition or use in the United States
of 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 foreign adversaries augments the
ability of foreign adversaries to create and exploit vulnerabilities in information and communications technology or services, with potentially catastrophic effects, and thereby constitutes an unusual and extraordinary threat
to the national security, foreign policy, and economy of the United States.
This threat exists both in the case of individual acquisitions or uses of
such technology or services, and when acquisitions or uses of such technologies are considered as a class. Although maintaining an open investment
climate in information and communications technology, and in the United
States economy more generally, is important for the overall growth and
prosperity of the United States, such openness must be balanced by the
need to protect our country against critical national security threats. To
deal with this threat, additional steps are required to protect the security,
integrity, and reliability of information and communications technology and
services provided and used in the United States. In light of these findings,
I hereby declare a national emergency with respect to this threat.

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Accordingly, it is hereby ordered as follows:
Section 1. Implementation. (a) The following actions are prohibited: any
acquisition, importation, transfer, installation, dealing in, or use of any information and communications technology or service (transaction) by any person, or with respect to any property, subject to the jurisdiction of the
United States, where the transaction involves any property in which any
foreign country or a national thereof has any interest (including through
an interest in a contract for the provision of the technology or service),
where the transaction was initiated, is pending, or will be completed after
the date of this order, and where the Secretary of Commerce (Secretary),
in consultation with the Secretary of the Treasury, the Secretary of State,
the Secretary of Defense, the Attorney General, the Secretary of Homeland
Security, the United States Trade Representative, the Director of National
Intelligence, the Administrator of General Services, the Chairman of the
Federal Communications Commission, and, as appropriate, the heads of
other executive departments and agencies (agencies), has determined that:

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(i) the transaction involves 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; and
(ii) the transaction:
(A) 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;
(B) 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

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(C) otherwise poses an unacceptable risk to the national security of
the United States or the security and safety of United States persons.
(b) The Secretary, in consultation with the heads of other agencies as
appropriate, may at the Secretary’s discretion design or negotiate measures
to mitigate concerns identified under section 1(a) of this order. Such measures
may serve as a precondition to the approval of a transaction or of a class
of transactions that would otherwise be prohibited pursuant to this order.
(c) The prohibitions in subsection (a) of this section apply except to
the extent provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to the
effective date of this order.
Sec. 2. Authorities. (a) The Secretary, in consultation with, or upon referral
of a particular transaction from, the heads of other agencies as appropriate,
is hereby authorized to take such actions, including directing the timing
and manner of the cessation of transactions prohibited pursuant to section
1 of this order, adopting appropriate rules and regulations, and employing
all other powers granted to the President by IEEPA, as may be necessary
to implement this order. All agencies of the United States Government
are directed to take all appropriate measures within their authority to carry
out the provisions of this order.
(b) Rules and regulations issued pursuant to this order may, among other
things, determine that particular countries or persons are foreign adversaries
for the purposes of this order; identify persons owned by, controlled by,
or subject to the jurisdiction or direction of foreign adversaries for the
purposes of this order; identify particular technologies or countries with
respect to which transactions involving information and communications
technology or services warrant particular scrutiny under the provisions of
this order; establish procedures to license transactions otherwise prohibited
pursuant to this order; establish criteria, consistent with section 1 of this
order, by which particular technologies or particular participants in the
market for information and communications technology or services may
be recognized as categorically included in or as categorically excluded from
the prohibitions established by this order; and identify a mechanism and
relevant factors for the negotiation of agreements to mitigate concerns raised
in connection with subsection 1(a) of this order. Within 150 days of the
date of this order, the Secretary, in consultation with the Secretary of the
Treasury, Secretary of State, the Secretary of Defense, the Attorney General,
the Secretary of Homeland Security, the United States Trade Representative,
the Director of National Intelligence, the Administrator of General Services,
the Chairman of the Federal Communications Commission and, as appropriate, the heads of other agencies, shall publish rules or regulations implementing the authorities delegated to the Secretary by this order.
(c) The Secretary may, consistent with applicable law, redelegate any
of the authorities conferred on the Secretary pursuant to this section within
the Department of Commerce.
Sec. 3. Definitions. For purposes of this order:

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(a) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(b) the term ‘‘foreign adversary’’ means any foreign government or foreign
non-government person engaged in a long-term pattern or serious instances
of conduct significantly adverse to the national security of the United States
or security and safety of United States persons;
(c) the term ‘‘information and communications technology or services’’
means any hardware, software, or other product or service primarily intended
to fulfill or enable the function of information or data processing, storage,
retrieval, or communication by electronic means, including transmission,
storage, and display;
(d) the term ‘‘person’’ means an individual or entity; and
(e) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 4. Recurring and Final Reports to the Congress. The Secretary, in
consultation with the Secretary of State, is hereby authorized to submit
recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).

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Sec. 5. Assessments and Reports. (a) The Director of National Intelligence
shall continue to assess threats to the United States and its people from
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. The Director of National
Intelligence shall produce periodic written assessments of these threats in
consultation with the heads of relevant agencies, and shall provide these
assessments to the President, the Secretary for the Secretary’s use in connection with his responsibilities pursuant to this order, and the heads of other
agencies as appropriate. An initial assessment shall be completed within
40 days of the date of this order, and further assessments shall be completed
at least annually, and shall include analysis of:
(i) threats enabled by information and communications technologies or
services designed, developed, manufactured, or supplied by persons owned
by, controlled by, or subject to the jurisdiction or direction of a foreign
adversary; and
(ii) threats to the United States Government, United States critical infrastructure, and United States entities from information and communications
technologies or services designed, developed, manufactured, or supplied
by persons owned by, controlled by, or subject to the influence of a
foreign adversary.
(b) The Secretary of Homeland Security shall continue to assess and
identify entities, hardware, software, and services that present vulnerabilities
in the United States and that pose the greatest potential consequences to
the national security of the United States. The Secretary of Homeland Security, in coordination with sector-specific agencies and coordinating councils
as appropriate, shall produce a written assessment within 80 days of the
date of this order, and annually thereafter. This assessment shall include
an evaluation of hardware, software, or services that are relied upon by
multiple information and communications technology or service providers,
including the communication services relied upon by critical infrastructure
entities identified pursuant to section 9 of Executive Order 13636 of February
12, 2013 (Improving Critical Infrastructure Cybersecurity).
(c) Within 1 year of the date of this order, and annually thereafter, the
Secretary, in consultation as appropriate with the Secretary of the Treasury,
the Secretary of Homeland Security, Secretary of State, the Secretary of
Defense, the Attorney General, the United States Trade Representative, the

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Director of National Intelligence, and the Chairman of the Federal Communications Commission, shall assess and report to the President whether
the actions taken by the Secretary pursuant to this order are sufficient
and continue to be necessary to mitigate the risks identified in, and pursuant
to, this order.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.

THE WHITE HOUSE,
May 15, 2019.
[FR Doc. 2019–10538
Filed 5–16–19; 11:15 am]

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