Encl 12 USW AS Exclusion Order DeepSeek

THE UNDER SECRETARY OF WAR

3010 DEFENSE PENTAGON

WASHINGTON, DC 20301-3010

ACQUISITION

AND SUSTAINMENT

.fi.P O 8 20W

MEMORANDUM FOR FEDERAL CIVILIAN EXEUTIVE BRANCH AGENCIES

(ATTN: DIRECTOR, NATIONAL SECURITY AGENCY)

SENIOR PENTAGON LEADERSHIP

COMMANDERS OF THE COMBATANT COMMANDS

DEFENSE AGENCY AND DOW FIELD ACTIVITY DIRECTORS

SUBJECT: Order to Exclude "DeepSeek" from Department of War and Federal Civilian Executive Branch National Secw-ity System Procurement Actions Our adversaries continue to discover new means to sabotage, disrupt, or otherwise degrade our Nation's national security systems (NSS) and extract sensitive information. Department of War (DoW) components and Federal agencies must vigilantly manage supply chain risk when procuring and integrating information and communications technology, 1 whether as a product or as a service, into information systems. These activities are vital to protect the systems and integrity of information relied upon by our Warfighters and Federal civilians.
In response to a recommendation from the Federal Acquisition Security Council (FASC) and pursuant to authorities in title 41, U.S.C., section 1323(c)(5)(A)(ii), this order prohibits procurement of covered at1icles,2 or the issuance of contracts whose performance may involve the use of covered articles, that implement one or more artificial intelligence (Al) models developed or otherwise provided by Hangzhou DeepSeek Artificial Intelligence Basic Technology Research Co., Ltd., and its subordinate, subsidiary, or affiliated offices or entities, doing business under various names or assigns thereof ("DeepSeek"), to include, but not limited to, those entities listed in Attachment 1.
For the purposes of this order, covered articles include all applications or services that implement one or more Al models developed or otherwise provided by DeepSeek or any successor entity, to include the DeepSeek application for mobile devices, applications accessible through DeepSeek's website, and third-party applications that implement a DeepSeek Al model, regardless of where it is hosted. DeepSeek's AI models and applications include but are not limited to the Al models and applications listed in Attachment 2. This order applies to executive agency procurements for (1) all DoW systems other than sensitive compartmented information (SCI) systems, and (2) Federal civilian executive brai1ch agencies NSS other than SCI systems.

The term "information and communications technology" is defined in 41 U.S.C. § 4713(1<)(5).