Department of Commerce Extends Comment Period on “Supply Chain” Proposed Rule that Points to Broad Jurisdiction and Significant Agency Discretion

Steptoe & Johnson – On November 26, the US Department of Commerce (“DOC”) issued a proposed rule to implement Executive Order 13873 (Executive Order on Securing the Information and Communications Technology and Services Supply Chain) that could have far-reaching consequences for certain transactions involving information and communications technology and services (“ICTS”).  The proposed rule covers a wide variety of transactions and would give DOC significant discretion to review, prohibit, or require mitigation for such transactions.  The public comment period, initially set to close on December 27, has been extended to January 10, 2020, after which DOC will review submitted comments before taking further action.