U.S. WeChat Users Alliance et al v. Trump et al

Filing 31

NOTICE by Wilbur Ross, Donald J. Trump Regarding Implementation of Executive Order 13943 (Attachments: #1 Exhibit 1 - Letter)(Orloff, Serena) (Filed on 9/16/2020)

Case 3:20-cv-05910-LB Document 31 Filed 09/16/20 Page 1 of 2

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JEFFREY BOSSERT CLARK
2 Acting Assistant Attorney General
AUGUST FLENTJE
3 Special Counsel to the Acting
Assistant Attorney General
ALEXANDER K. HAAS
4 Branch Director
DIANE KELLEHER
5 Assistant Branch Director
SERENA M. ORLOFF
6 MICHAEL DREZNER
STUART J. ROBINSON
7 Trial Attorneys
United States Department of Justice
8 Civil Division, Federal Programs Branch
Ben Franklin Station, P.O. Box No. 883
9 Washington, DC 20044
10 Phone: [phone]
Fax: [phone]
11 E-mail: [e-mail]
Counsel for Defendants
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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U.S. WECHAT USERS ALLIANCE, et al.,
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Case No. 3:20-cv-05910-LB
Plaintiffs,

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v.
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DONALD J. TRUMP, President of the United
States, and WILBUR ROSS, Secretary of
Commerce,
Defendants.

NOTICE REGARDING
IMPLEMENTATION OF
EXECUTIVE ORDER 13943
Date: Sept. 17, 2020
Time: 9:30 a.m.
Place: San Francisco, CA
Judge: Hon. Laurel Beeler

Defendants hereby provide notice to the Court of certain assurances regarding the
implementation of Executive Order 13943 that were sent to Plaintiffs via counsel, which Defendants
believe to be relevant to Plaintiffs’ pending motion for a preliminary injunction, ECF No. 17.
Specifically, on September 16, 2020, at approximately 10:50 a.m. Pacific Standard Time, counsel for
Defendants made the following assurances:

Case 3:20-cv-05910-LB Document 31 Filed 09/16/20 Page 2 of 2

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At present, activity involving the WeChat app is not prohibited. While the Department of
Commerce continues to review a range of transactions, including those that could directly
or indirectly impact use of the WeChat app, we can provide assurances that the Secretary
does not intend to take actions that would target persons or groups whose only connection
with WeChat is their use or downloading of the app to convey personal or business
information between users, or otherwise define the relevant transactions in such a way
that would impose criminal or civil liability on such users. In other words, while use of
the app for such communications could be directly or indirectly impaired through
measures targeted at other transactions, use and downloading of the app for this limited
purpose will not be a defined transaction, and such users will not be targeted or subject to
penalties.

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Defendants’ letter memorializing these assurances, which also relates to earlier correspondence

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8 on September 16, 2020, and also on September 10, 2020, is attached as Exhibit 1.
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10 Dated: September 16, 2020

Respectfully submitted,

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JEFFREY BOSSERT CLARK
Acting Assistant Attorney General

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AUGUST FLENTJE
Special Counsel to the Acting
Assistant Attorney General
ALEXANDER K. HAAS
Branch Director
DIANE KELLEHER
Assistant Branch Director
/s/ Serena Orloff
SERENA M. ORLOFF
MICHAEL DREZNER
STUART J. ROBINSON
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
Ben Franklin Station, P.O. Box No. 883
Washington, DC 20044
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Counsel for Defendants