[House Document 116-147]
[From the U.S. Government Publishing Office]




116th Congress, 2d Session - - - - - - - - - House Document 116-147
 
 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

                               __________

                             COMMUNICATION

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                              transmitting

    AN EXECUTIVE ORDER THAT TAKES ADDITIONAL STEPS 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, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW 95-223, SEC. 
204(b); (91 STAT. 1627) AND 50 U.S.C. 1641(b); PUBLIC LAW 94-412, SEC. 
                         401(b) (90 STAT. 1257)







[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]









  August 14, 2020.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed

                              ________
                              
                  U.S. GOVERNMENT PUBLISHING OFFICE
                  
99-011                 WASHINGTON : 2020 















                                           The White House,
                                        Washington, August 6, 2020.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Madam Speaker: Pursuant to 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 hereby report that I have 
issued an Executive Order (the ``order'') that takes additional 
steps 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). Specifically, 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, 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), to address the threat 
posed by one mobile application, TikTok. I have now taken 
further action 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--threatens 
to allow the Chinese Communist Party access to Americans' 
personal and proprietary information. In addition, WeChat 
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. 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.
    To deal with this threat, the order prohibits, beginning 45 
days after the date of the 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. Tengxun Konggu Youxian Gongsi), Shenzhen, China, or any 
subsidiary of that entity, as identified by the Secretary of 
Commerce (Secretary) under section 1(c) of this order. The 
Secretary will identify the transactions subject to this 
prohibition 45 days after the date of the order.
    I have delegated to the Secretary the authority to take 
such actions, including adopting appropriate rules and 
regulations, and to employ all powers granted to the President 
by IEEPA as may be necessary to implement the order. The order 
also directs all department and agencies to take all 
appropriate measures within their authority to implement the 
order.
    I am enclosing a copy of the order I have issued.
            Sincerely,
                                                   Donald J. Trump. 


















                            Executive Order

                              ----------                              


 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. Tengxun Konggu Youxian Gongsi), Shenzhen, 
China, 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.
    (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.
                                                   Donald J. Trump.
    The White House, August 6, 2020.

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