Presidential DocumentExecutive Order 139432020-17700
Addressing the Threat Posed by WeChat, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 11, 2020
Signed
August 6, 2020
Issuing agencies
Executive Office of the President
Full Text
<html>
<head>
<title>Federal Register, Volume 85 Issue 155 (Tuesday, August 11, 2020)</title>
</head>
<body><pre>
[Federal Register Volume 85, Number 155 (Tuesday, August 11, 2020)]
[Presidential Documents]
[Pages 48641-48643]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-17700]
Presidential Documents
Federal Register / Vol. 85, No. 155 / Tuesday, August 11, 2020 /
Presidential Documents
[[Page 48641]]
Executive Order 13943 of August 6, 2020
Addressing the Threat Posed by WeChat, and Taking
Additional Steps To Address the National Emergency With
Respect to 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 additional steps must be taken to
deal with the national emergency with respect to the
information and communications technology and services
supply chain declared in Executive Order 13873 of May
15, 2019 (Securing the Information and Communications
Technology and Services Supply Chain). As I explained
in an Executive Order of August 6, 2020 (Addressing the
Threat Posed by Tiktok, and Taking Additional Steps to
Address the National Emergency With Respect to the
Information and Communications Technology and Services
Supply Chain), the spread in the United States of
mobile applications developed and owned by companies in
the People's Republic of China (China) continues to
threaten the national security, foreign policy, and
economy of the United States. To protect our Nation, I
took action to address the threat posed by one mobile
application, TikTok. Further action is needed to
address a similar threat posed by another mobile
application, WeChat.
WeChat, a messaging, social media, and electronic
payment application owned by the Chinese company
Tencent Holdings Ltd., reportedly has over one billion
users worldwide, including users in the United States.
Like TikTok, WeChat automatically captures vast swaths
of information from its users. This data collection
threatens to allow the Chinese Communist Party access
to Americans' personal and proprietary information. In
addition, the application captures the personal and
proprietary information of Chinese nationals visiting
the United States, thereby allowing the Chinese
Communist Party a mechanism for keeping tabs on Chinese
citizens who may be enjoying the benefits of a free
society for the first time in their lives. For example,
in March 2019, a researcher reportedly discovered a
Chinese database containing billions of WeChat messages
sent from users in not only China but also the United
States, Taiwan, South Korea, and Australia. WeChat,
like TikTok, also reportedly censors content that the
Chinese Communist Party deems politically sensitive and
may also be used for disinformation campaigns that
benefit the Chinese Communist Party. These risks have
led other countries, including Australia and India, to
begin restricting or banning the use of WeChat. The
United States must take aggressive action against the
owner of WeChat to protect our national security.
Accordingly, I hereby order:
Section 1. (a) The following actions shall be
prohibited beginning 45 days after the date of this
order, to the extent permitted under applicable law:
any transaction that is related to WeChat by any
person, or with respect to any property, subject to the
jurisdiction of the United States, with Tencent
Holdings Ltd. (a.k.a. T[eacute]ngx[ugrave]n
K[ograve]ngg[ubreve] Y[obreve]uxi[agrave]n
G[omacr]ngs[imacr]), Shenzhen, China,
[[Page 48642]]
or any subsidiary of that entity, as identified by the
Secretary of Commerce (Secretary) under section 1(c) of
this order.
(b) The prohibition in subsection (a) of this
section applies 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 before the date of this
order.
(c) 45 days after the date of this order, the
Secretary shall identify the transactions subject to
subsection (a) of this section.
Sec. 2. (a) Any transaction by a United States person
or within the United States that evades or avoids, has
the purpose of evading or avoiding, causes a violation
of, or attempts to violate the prohibition set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 3. For those persons who might have a
constitutional presence in the United States, I find
that because of the ability to transfer funds or other
assets instantaneously, prior notice to such persons of
measures to be taken pursuant to section 1 of this
order would render those measures ineffectual. I
therefore determine that for these measures to be
effective in addressing the national emergency declared
in Executive Order 13873, there need be no prior notice
of an identification made pursuant to section 1(c) of
this order.
Sec. 4. For the purposes of this order:
(a) the term ``person'' means an individual or
entity;
(b) the term ``entity'' means a government or
instrumentality of such government, partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization, including an
international organization; and
(c) 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. 5. The Secretary is hereby authorized to take such
actions, including adopting rules and regulations, and
to employ all powers granted to me by IEEPA as may be
necessary to implement this order. The Secretary may,
consistent with applicable law, redelegate any of these
functions within the Department of Commerce. All
departments and agencies of the United States shall
take all appropriate measures within their authority to
implement 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, 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.
[[Page 48643]]
(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.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
August 6, 2020.
[FR Doc. 2020-17700
Filed 8-10-20; 11:15 am]
Billing code 3295-F0-P
</pre></body>
</html>Indexed from Federal Register on August 11, 2020.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.