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, 48641-48643 [2020-17700]

Agencies

• Executive Office of the President

[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 [www.gpo.gov]
[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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    August 6, 2020.

[FR Doc. 2020-17700
Filed 8-10-20; 11:15 am]
Billing code 3295-F0-P