DHS FASCSA order 2026-01 on DeepSeek

Summary

Order issued on 24 July 2026 by the Secretary of Homeland Security, Markwayne Mullin, under the Federal Acquisition Supply Chain Security Act of 2018 (FASCSA) following a recommendation of the Federal Acquisition Security Council. It requires federal civilian agencies to exclude from their procurements with immediate effect, including approved product lists and e-commerce platforms, Hangzhou DeepSeek Artificial Intelligence Basic Technology Research Co., Ltd. (DeepSeek), its affiliated entities and their products. Agencies must also immediately remove from their information systems the products of DeepSeek and its affiliates and third-party products and services developed using DeepSeek implementations, unless they request an exception within 60 days. The order cites the company's location in the People's Republic of China and Chinese laws giving government cyber and intelligence functions broad access to company infrastructure, the collection of personal data and possible fingerprinting of users, the transfer to China of data entered in prompts and known vulnerabilities in the iOS app.

Information

Jurisdiction

United States

Issuing body

Department of Homeland Security

Type

Decree

Available languages

English

Topics

• Supply chain
• Digital public administration
• Artificial intelligence

Notes

DHS published the signed order, reproduced in an appendix, in the Federal Register of 20 October 2026 (91 FR 66346, docket DHS-2026-0628); the corresponding SAM.gov record has been active since 16 October 2026. It is the first DHS exclusion and removal order of 2026, issued a week before the one on Acronis. Exception requests are reviewed by CISA; until removal is complete agencies are encouraged to monitor traffic, strengthen logging and controls against data exfiltration and flag anomalous activity, and the Secretary must review the order within one year and annually thereafter. Contractors must check SAM.gov for applicable FASCSA orders and may not provide the articles they cover (FAR clauses 52.204-29 and 52.204-30). The Department of Defense (exclusion active in SAM since 8 September 2026) and the Office of the Director of National Intelligence (since 16 October 2026) have also issued FASCSA orders against DeepSeek for the systems under their responsibility: they are known only from their SAM.gov records, and each has its own entry, linked to this one.

Department of Homeland Security. (2026). Exclusion and Removal Order #2026-01: Federal Acquisition Supply Chain Security Act Exclusion and Removal of DeepSeek Products and Services from Federal Civilian Executive Branch Information Technology Systems (Exclusion and Removal Order #2026-01). https://www.govinfo.gov/content/pkg/FR-2026-10-20/html/2026-21447.htm

Department of Homeland Security. "Exclusion and Removal Order #2026-01: Federal Acquisition Supply Chain Security Act Exclusion and Removal of DeepSeek Products and Services from Federal Civilian Executive Branch Information Technology Systems." 24 July 2026. https://www.govinfo.gov/content/pkg/FR-2026-10-20/html/2026-21447.htm.

@misc{us_fascsa_order_dhs_deepseek_2026,
  author       = {{Department of Homeland Security}},
  title        = {{Exclusion and Removal Order \#2026-01: Federal Acquisition Supply Chain Security Act Exclusion and Removal of DeepSeek Products and Services from Federal Civilian Executive Branch Information Technology Systems}},
  year         = {2026},
  note         = {Exclusion and Removal Order \#2026-01},
  url          = {https://www.govinfo.gov/content/pkg/FR-2026-10-20/html/2026-21447.htm},
  urldate      = {2026-11-02}
}