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On Wednesday, 15 May 2019 President Trump signed an
Executive Order that prevents the purchase and use of
telecommunications equipment from foreign adversaries.
The president used cited his powers under the constitution
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 to make the declaration.
The President stated that the order is intended to stop
foreign adversaries from 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.
The order affects all 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.
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.
The administration is trying to strike a delicate balance
between maintaining an open environment in information
technology and protecting against critical national security
threats.
The order prevents the following actions:
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,
(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.
What’s next.
Within 150 days of the date of this order, the Secretary of
Commerce, in consultation with other Department heads will
publish rules or regulations implementing this order.
Protect your small business by using equipment and services
from trusted sources.
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