DoD FASCSA order on DeepSeek (2026)

Summary

Order issued under the Federal Acquisition Supply Chain Security Act of 2018 (FASCSA) by the Under Secretary of War for Acquisition and Sustainment of the Department of Defense, following a recommendation of the Federal Acquisition Security Council, and known from the corresponding record in the System for Award Management (SAM.gov), where the exclusion has been active for an indefinite period since 8 September 2026. It prohibits the procurement of covered articles that implement one or more artificial intelligence models developed or otherwise provided by Hangzhou DeepSeek Artificial Intelligence Basic Technology Research Co., Ltd. and its subordinate, subsidiary or affiliated entities (DeepSeek), and the award of contracts whose performance may involve their use. Covered articles include all applications and services that implement an AI model of DeepSeek or of any successor entity, including the DeepSeek mobile app, applications accessible through DeepSeek's website and third-party applications that implement a DeepSeek model, regardless of where it is hosted. Prime contractors and subcontractors at any tier may not provide or use these articles in the performance of a federal contract. The record describes only a procurement ban: unlike the DHS and ODNI orders, it does not mention the removal of covered articles from information systems.

Information

Jurisdiction

United States

Issuing body

Department of Defense

Type

Decree

Available languages

English

Topics

• Supply chain
• Digital public administration
• Cyber defence and military
• Artificial intelligence

Notes

The order is not published and the title is descriptive: its content is known only from the comments in the SAM.gov record of the Department of Defense on Hangzhou DeepSeek Artificial Intelligence Basic Technology Research Co., Ltd. (UEI ZYW1KU6XTJL5), listed under the FASCSA Order program as a Prohibition/Restriction with indefinite termination and classified as a Special Entity Designation. The date given is the one from which the exclusion has been active in SAM; the current version of the record was created on 16 October 2026. The Under Secretary acted under 41 U.S.C. 1323(c)(5)(A)(ii), which provides for orders of the Secretary of Defense; since September 2025 the Department of Defense has also been called the Department of War. The affiliates named include Beijing DeepSeek, DeepSeek International, Hangzhou Huanfang Technology (High-Flyer), Magic Square, Ningbo HighFlyer Quantitative Investment Management Partnership, several consulting companies and partnerships in Ningbo (Chengcai, Chengxin, Cheng'en, Chenghe and Chengpu) and Shanghai Huiyi Jiangchen; the models and applications named include DeepSeek R1, V3, Coder and Coder-V2, Janus, Janus-Pro and Janus-Pro-7B, VL2, Prover-V2, Math, LLM, MoE, App, Chat, API and Platform, with their variants. The record gives no order number and no deadlines. SAM also cross-references a separate exclusion by the Department of the Air Force, of the Ineligible (Proceedings Pending) type and active since 10 July 2025, against Hangzhou DeepSeek Artificial Intelligence Co., Ltd., doing business as DeepSeek AI: it is not a FASCSA order and its basis is not public. 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): SAM is therefore the official channel through which these orders are made known. FASCSA authority expires on 31 December 2033, the date set by section 5949 of the NDAA for FY2023.

Department of Defense. (2026). Department of Defense FASCSA Exclusion Order on DeepSeek AI Models and Applications. https://sam.gov/exclusion/7933c63b-b9ff-41d3-b0a6-6ca982e43c14/view

Department of Defense. "Department of Defense FASCSA Exclusion Order on DeepSeek AI Models and Applications." 8 September 2026. https://sam.gov/exclusion/7933c63b-b9ff-41d3-b0a6-6ca982e43c14/view.

@misc{us_fascsa_order_dod_deepseek_2026,
  author       = {{Department of Defense}},
  title        = {{Department of Defense FASCSA Exclusion Order on DeepSeek AI Models and Applications}},
  year         = {2026},
  url          = {https://sam.gov/exclusion/7933c63b-b9ff-41d3-b0a6-6ca982e43c14/view},
  urldate      = {2026-11-02}
}