ExecutiveOrdersEO
EO 13943Executive OrderTrump 45 · R

Executive Order 13943

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

This executive order prohibits U.S. persons from engaging in any transactions related to WeChat with its Chinese parent company Tencent Holdings Ltd. or its subsidiaries, beginning 45 days after signing. The order cites national security concerns about data collection and potential Chinese Communist Party access to American users' information.

Federal Register Open PDF 85 FR 48641

Impact dates

  1. Transaction prohibitions take effect; Secretary must identify transactions subject to prohibition

Key directives

  • Prohibit any transaction related to WeChat by any U.S. person with Tencent Holdings Ltd. or its subsidiaries
  • Secretary of Commerce to identify transactions subject to prohibition
  • Secretary authorized to adopt rules and regulations to implement order
  • Prohibit evasion, avoidance, or conspiracy to violate the order

Who is ordered

Timeline

Immediate

  • EO takes effect upon signing
  • Evading or avoiding prohibitions becomes prohibited
  • Conspiracies to violate order become prohibited

Near term (90d)

  • Transaction prohibitions take effect (45 days)
  • Secretary of Commerce must identify transactions subject to prohibition (45 days)

Long term

  • Potential permanent restructuring of U.S.-China tech services supply chain
  • Ongoing Commerce Department enforcement and rulemaking

Risks & tensions

  • Vague scope: 'any transaction related to WeChat' and 'subsidiary of that entity' leaves substantial interpretive discretion to Commerce Secretary
  • No prior notice requirement for identifications raises due process concerns for affected parties
  • Broad definition of 'United States person' captures citizens, residents, and entities organized under U.S. law including foreign branches
  • Exception clause ('to the extent permitted under applicable law') creates legal uncertainty about enforceability
  • Potential First Amendment concerns regarding restriction of communications platform used by Chinese diaspora
Executive Order 13943: 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 · Executive Orders