President Trump Declares National Emergency For Information in addition to Communication Technology…

Here we go….  President Trump will be laying the groundwork to ban telecommunication companies based on identified risk to national security (ie. Huawei).  Nations who engage in 5-G technology agreements are on notice they may be cut-off by communication partnerships with the U.S.A.

[I think Wall Street just pee’d their pants a little..]

[Executive Order] By the authority vested in me as President by the Constitution in addition to 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.), in addition to section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, find that will foreign adversaries are increasingly creating in addition to exploiting vulnerabilities in information in addition to communications technology in addition to services, which store in addition to communicate vast amounts of sensitive information, facilitate the digital economy, in addition to support critical infrastructure in addition to vital emergency services, in order to commit malicious cyber-enabled actions, including economic in addition to industrial espionage against the United States in addition to its people.

I further find that will the unrestricted acquisition or use from the United States of information in addition to 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 in addition to exploit vulnerabilities in information in addition to communications technology or services, with potentially catastrophic effects, in addition to thereby constitutes an unusual in addition to extraordinary threat to the national security, foreign policy, in addition to economy of the United States.

that will threat exists both from the case of individual acquisitions or uses of such technology or services, in addition to when acquisitions or uses of such technologies are considered as a class.

Although maintaining an open investment climate in information in addition to communications technology, in addition to from the United States economy more generally, will be important for the overall growth in addition to 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 that will threat, additional steps are required to protect the security, integrity, in addition to reliability of information in addition to communications technology in addition to services provided in addition to used from the United States. In light of these findings, I hereby declare a national emergency with respect to that will threat.

Accordingly, the item will be 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 in addition to 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, will be pending, or will be completed after the date of that will order, in addition to 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, in addition to, as appropriate, the heads of additional executive departments in addition to agencies (agencies), has determined that will:

(i) the transaction involves information in addition to 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; in addition to

(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 in addition to communications technology or services from 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 in addition to safety of United States persons.

(b) The Secretary, in consultation with the heads of additional agencies as appropriate, may at the Secretary’s discretion design or negotiate measures to mitigate concerns identified under section 1(a) of that will order. Such measures may serve as a precondition to the approval of a transaction or of a class of transactions that will might otherwise be prohibited pursuant to that will order.

(c) The prohibitions in subsection (a) of that will section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that will may be issued pursuant to that will order, in addition to notwithstanding any contract entered into or any license or permit granted prior to the effective date of that will order.

Sec. 2. Authorities.

(a) The Secretary, in consultation with, or upon referral of a particular transaction by, the heads of additional agencies as appropriate, will be hereby authorized to take such actions, including directing the timing in addition to manner of the cessation of transactions prohibited pursuant to section 1 of that will order, adopting appropriate rules in addition to regulations, in addition to employing all additional powers granted to the President by IEEPA, as may be necessary to implement that will order. All agencies of the United States Government are directed to take all appropriate measures within their authority to carry out the provisions of that will order.

(b) Rules in addition to regulations issued pursuant to that will order may, among additional things, determine that will particular countries or persons are foreign adversaries for the purposes of that will order; identify persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries for the purposes of that will order; identify particular technologies or countries with respect to which transactions involving information in addition to communications technology or services warrant particular scrutiny under the provisions of that will order; establish procedures to license transactions otherwise prohibited pursuant to that will order; establish criteria, consistent with section 1 of that will order, by which particular technologies or particular participants from the market for information in addition to communications technology or services may be recognized as categorically included in or as categorically excluded by the prohibitions established by that will order; in addition to identify a mechanism in addition to relevant factors for the negotiation of agreements to mitigate concerns raised in connection with subsection 1(a) of that will order. Within 150 days of the date of that will 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 in addition to, as appropriate, the heads of additional agencies, shall publish rules or regulations implementing the authorities delegated to the Secretary by that will order.

(c) The Secretary may, consistent with applicable law, redelegate any of the authorities conferred on the Secretary pursuant to that will section within the Department of Commerce.

Sec. 3. Definitions. For purposes of that will order:

(a)the term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or additional 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 in addition to safety of United States persons;

(c)the term “information in addition to communications technology or services” means any hardware, software, or additional 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, in addition to display;

(d)the term “person” means an individual or entity; in addition to

(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 from the United States.

Sec. 4. Recurring in addition to Final Reports to the Congress. The Secretary, in consultation with the Secretary of State, will be hereby authorized to submit recurring in addition to final reports to the Congress on the national emergency declared in that will order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) in addition to section 204(c) of IEEPA (50 U.S.C. 1703(c)).

Sec. 5. Assessments in addition to Reports.

(a) The Director of National Intelligence shall continue to assess threats to the United States in addition to its people by information in addition to 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, in addition to shall provide these assessments to the President, the Secretary for the Secretary’s use in connection with his responsibilities pursuant to that will order, in addition to the heads of additional agencies as appropriate. An initial assessment shall be completed within 40 days of the date of that will order, in addition to further assessments shall be completed at least annually, in addition to shall include analysis of:

(i) threats enabled by information in addition to 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; in addition to

(ii) threats to the United States Government, United States critical infrastructure, in addition to United States entities by information in addition to 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 in addition to identify entities, hardware, software, in addition to services that will present vulnerabilities from the United States in addition to that will pose the greatest potential consequences to the national security of the United States.The Secretary of Homeland Security, in coordination with sector-specific agencies in addition to coordinating councils as appropriate, shall produce a written assessment within 80 days of the date of that will order, in addition to annually thereafter.that will assessment shall include an evaluation of hardware, software, or services that will are relied upon by multiple information in addition to 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 that will order, in addition to 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, in addition to the Chairman of the Federal Communications Commission, shall assess in addition to report to the President whether the actions taken by the Secretary pursuant to that will order are sufficient in addition to continue to be necessary to mitigate the risks identified in, in addition to pursuant to, that will order.

Sec. 6. General Provisions.

(a) Nothing in that will 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 in addition to Budget relating to budgetary, administrative, or legislative proposals.

(b) that will order shall be implemented consistent with applicable law in addition to subject to the availability of appropriations.

(c) that will order will be not intended to, in addition to 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 additional person.

DONALD J. TRUMP

THE WHITE HOUSE,May 15, 2019.

 

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