ACQUISITION

AND SUSTAINMENT

THE UNDER SECRET ARY OF WAR

301 0 DEFENSE PENTAGON

WASHINGTON, DC 20301-3010

.fi.P O 8 20W

MEMORANDUM FOR FEDERAL CIVILIAN EXEUTIVE BRANCH AGENCIES

(ATTN: DIRECTOR, NATIONAL SECURITY AGENCY)

SENIOR PENTAGON LEADERSHIP

COMMANDERS OF THE COMBAT ANT 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 (Do W) 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 (F ASC) 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 Do W systems other than sensitive compartmented information (SCI) systems, and (2) Federal civilian executive brai1ch agencies NSS other than SCI systems.

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

2 The term "covered articles" is defined in 41 U .S.C. § 4 7 l 3(k)(2).

This order prohibits prime contractors and subcontractors at any tier from providing or using in the performance of a federal contract any covered articles.

This exclusion order will be listed in the System for Award Management (SAM.gov) upon signature and remains in effect unless rescinded.

In accordance with relevant Do W component or agency procedures, upon receipt of a new Federal Acquisition Supply Chain Security Act orders report, as defined at Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) FAR 52.240-9l(i), or a disclosure, as defined at RFO FAR 52.240-90(g), provided in response to this exclusion order, program managers or requiring activities must request their supporting contracting officer update active solicitations or modify existing contracts to include this exclusion, in accordance with the procedures at RFO FAR 40.204-l(c).

Waivers to this exclusion order may be requested for consideration for (!) activities in the service of national security interests; (2) law enforcement activities; (3) security research activities; or ( 4) other compelling reasons. Waiver requests must include the information required by 41 C.F.R. § 201-l.304(b), to include a compelling justification that provides a clear impact statement, rationale, technical information, and proposed risk mitigations to safeguard mission assurance and protect sensitive information.

Any questions, waiver requests, or other communications regarding this determination may be submitted to osd.mc-alex.ousd-a-s.mesg.dod-fascd-for-e-and-r-mbx@mail.mil, and should refer to FASC Exclusion Order, DeepSeek.

Michael P. Duffey

Attachments:

As stated