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EO 13971Executive OrderTrump 45 · R Quiet signal

Executive Order 13971

Addressing the Threat Posed by Applications and Other Software Developed or Controlled by Chinese Companies

This executive order prohibits U.S. persons from transacting with eight specific Chinese-connected software applications (including Alipay, WeChat Pay, and WPS Office) beginning 45 days after January 5, 2021. It also directs the Commerce Secretary to evaluate additional apps for national security risks and report on preventing foreign adversaries from accessing U.S. user data.

Federal Register Open PDF 86 FR 1249

Impact dates

  1. Transaction prohibitions take effect for listed Chinese connected software applications

  2. Commerce Secretary report to Assistant to President for National Security Affairs on recommendations to prevent foreign adversary data access

  3. Commerce Secretary identification of transactions and persons subject to subsection (a) prohibition (not earlier than 45 days)

Key directives

  • Prohibit transactions with Alipay, CamScanner, QQ Wallet, SHAREit, Tencent QQ, VMate, WeChat Pay, and WPS Office beginning 45 days after order
  • Commerce Secretary to continue evaluating Chinese connected software applications for national security risks
  • Commerce Secretary, with AG and DNI, to report to National Security Advisor within 45 days on preventing foreign adversary access to U.S. user data
  • Commerce Secretary to identify specific transactions and persons subject to prohibition not earlier than 45 days after order
  • Commerce Secretary authorized to adopt implementing rules and regulations

Who is ordered

Timeline

Immediate

  • Order signed and published
  • Prohibition on evasion/avoidance takes effect immediately

Near term (90d)

  • Transaction prohibitions take effect (45 days)
  • Commerce Secretary must identify transactions and persons subject to prohibition (45 days)
  • Report due to National Security Advisor on preventing foreign adversary data access (45 days)

Long term

  • Ongoing evaluation of additional Chinese connected software applications
  • Potential expansion of prohibited apps based on Commerce Secretary review

Risks & tensions

  • Order was issued in final days of Trump administration (January 5, 2021); implementation uncertain under successor administration
  • Biden administration later revoked this order (June 2021), though this is not in the provided text
  • Definition of 'transactions' left to Commerce Secretary discretion, creating implementation uncertainty
  • Broad IEEPA authority used; potential legal challenges to scope of presidential power over consumer software
  • Financial apps (Alipay, WeChat Pay, QQ Wallet) inclusion creates cross-border payment disruptions
  • Overlap with separate TikTok/WeChat EOs creates confusion about comprehensive China tech policy
Executive Order 13971: Addressing the Threat Posed by Applications and Other Software Developed or Controlled by Chinese Companies · Executive Orders