FOR IMMEDIATE RELEASE – May 15, 2019

Office of the Press Secretary

EXECUTIVE ORDER ——-

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.
     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:
          (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
     (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:
     (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)).

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 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. 

Statement from the Press Secretary -- https://www.whitehouse.gov/briefings-statements/statement-press-secretary-56/

Message to Congress -- https://www.whitehouse.gov/briefings-statements/message-congress-securing-information-communications-technology-services-supply-chain/