White House Technology Supply Chain


On May 15, White House order to secure technology supply chain.


  • Executive order to secure info, communications technology, services supply chain.
  • Prevent foreign adversary from creating, exploiting vulnerabilities in infrastructure.
  • Store, transmit sensitive data, facilitate digital economy, support vital emergency services threatened by malicious cyber-enabled actions, incl. economic, industrial espionage. Unrestricted use augments adversary's ability to harm national security.
  • Balance need for open investment climate with protection of info security, integrity.
  • Assert national emergency under IEEPA, national emergency act, USC Title 3.301.
  • Implementation
  • Prohibited to acquire, import, transfer install, deal in, use any technology if interest of foreign country, national involved, whether pending, initiated, completed by date.
  • Applied to foreign adversary control, at risk of sabotage, subversion of US interests.
  • Impacts security, resiliency of US critical infrastructure, risk to US national security.
  • Applied, except where not, by statute, rule, order, directive, prior license, contracts.
  • Authorities
  • Treasury secretary may consult other agency heads, authorized to take action, direct timing, manner of cessation, adopt rules, employ other powers granted under IEEPA.
  • All US agencies directed to take appropriate measures to carry out order provisions.
  • Determine which countries, persons are adversaries, identify technologies, countries.
  • Establish procedures to license transactions otherwise prohibited pursuant to order, criteria by which technologies may be recognized as included or excluded from EO.
  • Identify mechanism, factors for agreement negotiations to mitigate concerns raised.
  • Within 150 days of this order, authorized parties to publish rules to implement order.
  • Reports
  • Submit recurring, final reports to Congress on national emergency declared via order.
  • Continue to assess threats, write assessment reports to President, secretary, heads.
  • Initial assessment report to be completed within 40 days of order date, then annual.
  • Analysis to include threats raised by technologies, to US govt, infrastructure, entity.
  • Hardware, software, services relied upon by providers, incl. those identified with sect. 9 of Feb. 12, 2013 EO improving critical infrastructure cybersecurity, follows #6049.
  • General
  • Nothing in order to be construed to impair authority granted by law to exec. agency, functions of director office of management, budget, be consistent with all regulations.
  • Order does not create any benefit, right by any party against the US, depts, agencies.
  • May 14, 2020 Continuation of EO
  • On May 14, 2020, White House continued national emergency to secure information, communications tech supply chain, extended by additional 1 year, in federal register.
  • Oct. 2020 US State Dept. Remarks
  • On Oct. 21, 2020, US State Dept released Secretary Pompeo's remarks on White House's national strategy for critical and emerging technologies to keep leadership.
  • Pompeo said strategy outlines how US will maintain global leadership in conventional weapons, AI, semiconductor, and space technologies versus China and Russia.
  • Said US is also pushing back on Chinese communist propaganda efforts at home.
  • State Department designating the US operations of six China-based media companies as foreign missions, as they are effectively controlled by a foreign government.
  • Not placing any restrictions on what these outlets can publish in the United States.
  • Simply ensuring that American people, consumers of information, can differentiate between news written by a free press and propaganda distributed by the China.
  • May 11, 2021 White House Emergency Extension
  • On May 11, 2021, White House President Biden issued notice extending EO declaring a national emergency with respect to securing the technology supply chain for one year.
  • Letter transmitted to inform Congress; notice set to be published in federal register.
  • May 13, 2021 Fed Reg White House Extension
  • On May 13, 2021, White House issued notice extending EO, in the federal register.
  • On Jun. 9, 2021, White House issued EO to further address EO 13873, see #107811.
  • May 2022 White House EO Continuation
  • On May 12, 2022, White House issued continuation for 1 year the national emergency in EO 13873 on securing info, communications technology, services supply chain.
  • May 13, 2022 Fed Register EO Continuation
  • On May 13, 2022, White House issued continuation of EO 13873, in federal register.
  • May 2023 White House Continuation
  • On May 10, 2023, White House issued continuation of national emergency with respect to securing information, communications technology, supply chain until May 12, 2024.
  • May 11, 2023 Fed Reg Continuation
  • On May 11, 2023, White House published continuation of EO 13873 in federal register.
  • In Feb. 2024, White House issued EO expanding the scope of EO 13873, #202701.

Regulators US State Dept; White House
Entity Types Corp
Reference 88 FR 30635, 5/11/2023; Nt, PR, 5/10/2023; 87 FR 29645, 5/13/2022; PR, 5/12/2022; 86 FR 26339, 5/13/2021; Lt, PR, 5/11/2021; PR 10/21/2020; PR, 10/15/2020; EO 5/15/2019; EO 13873, 85 FR 29321, 2020-10594, 5/14/2020; IEEPA; EO 1363
Functions Advertising; AML; Anti-Bribery; Compliance; C-Suite; Cyber; Financial; Legal; Operations; Resolution; Technology
Countries China; United States of America
Category
State
Products AI; Corporate
Regions Am
Rule Type Final
Rule Date 5/15/2019
Effective Date 5/12/2024
Rule Id 60007
Linked to Rule :6049
Reg. Last Update 5/11/2023
Report Section US Investment

Last substantive update on 05/15/2023