Securing the Information and Communications Technology and Services Supply Chain

This executive order declares a national emergency to block U.S. transactions involving information and communications technology from foreign adversaries when the Commerce Secretary determines they pose undue risks to national security, critical infrastructure, or the digital economy. It delegates broad authority to Commerce to prohibit or mitigate such transactions and requires intelligence and security assessments on foreign technology threats.

Federal Register Open PDF 84 FR 22689

Impact dates

May 15, 2020
First annual Commerce Secretary report to President on sufficiency of actions
Oct 12, 2019
Commerce Department rules or regulations implementing delegated authorities
Aug 3, 2019
DHS vulnerability assessment
Jun 24, 2019
DNI initial threat assessment

Key directives

Commerce Secretary prohibited transactions involving foreign adversary ICT when undue risk to national security, critical infrastructure, or digital economy
Commerce Secretary may negotiate mitigation measures as precondition for approval
Commerce to publish implementing rules within 150 days
DNI to complete initial threat assessment within 40 days, then at least annually
DHS to complete vulnerability assessment within 80 days, then annually
Commerce Secretary to assess and report annually to President on sufficiency of actions

Timeline

Immediate

National emergency declared
Prohibitions on covered transactions effective upon Secretary determination

Near term (90d)

Initial DNI threat assessment due (40 days)
DHS vulnerability assessment due (80 days)
Commerce Department implementing rules due (150 days)

Long term

Annual DNI threat assessments
Annual DHS vulnerability assessments
Annual Commerce Secretary report to President on sufficiency of actions (first due 1 year)

Risks & tensions

Broad discretionary authority to Commerce Secretary creates regulatory uncertainty for technology sector; 'foreign adversary' and 'undue risk' standards are vague and politically sensitive
Potential tension between open investment climate and national security restrictions, explicitly acknowledged in EO text
Mitigation negotiations (Sec. 1(b)) may create perceived inequity if some firms receive exemptions while others face prohibitions
Extraterritorial reach over 'any person subject to jurisdiction of United States' with foreign interest involvement raises enforcement complexity
Annual reporting requirements suggest intended long-term institutionalization beyond immediate crisis