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Clifford Chance

Clifford Chance


Department of Commerce Issues Proposed Rule Establishing National Security Review for Acquisitions of Information and Communications Technology and Services

6 December 2019

The U.S. Department of Commerce has issued a proposed rule that would empower the agency to review and restrict acquisitions of information and communications technology and services in the interest of U.S. national security and without many procedural safeguards. The proposed rule implements Executive Order 13873 of May 15, 2019, under which President Trump imposed restrictions on the "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," if the U.S. Government determined that the transaction poses an undue threat to U.S. national security.

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