A proposed rule will allow a government department’s secretary to block the purchase of foreign technology that pose an “undue” risk to the U.S. information and communications infrastructure.
The rule, published by the Department of Commerce Nov. 26, establishes procedures for Commerce Secretary Wilbur Ross to “identify, assess, and address” information and communication technology (ICT) transactions he deems risky to national security.
The proposed rule stems from an executive order President Donald Trump signed on May 15, which gave the secretary the authority to prohibit or mitigate transactions that involve ICT technology developed or supplied by entities located in adversarial nations.
Transactions will be reviewed on a case-by-case basis, and the secretary will take a “fact-specific approach” to evaluation, according to the Commerce Department announcement.
Specifically, transactions will be blocked or mitigated if they are found to have an “an undue risk of sabotage or subversion ICTS in the United States; an undue risk of catastrophic effects on the security and resiliency of critical infrastructure or the digital economy in the United States; or an unacceptable risk to national security or to the security and safety of U.S. persons.”