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DHS Orders Federal Civilian Agencies to Remove DeepSeek AI, Including Third-Party Products Built on Its Models

Editorial team

What the Order Requires

Federal civilian agencies must now remove DeepSeek products from their IT systems under an order from the Department of Homeland Security. The order also bars agencies from procuring DeepSeek products and services. It covers both new purchases and systems agencies already run, so it is more than a forward-looking purchasing freeze.

The order names Hangzhou DeepSeek Artificial Intelligence Co., Ltd., the developer of the R1 and V3 models. It also covers the company's affiliates as defined in federal acquisition rules.

Reach Beyond DeepSeek's Own Products

The order goes beyond DeepSeek's own offerings. It extends to third-party products and services developed using DeepSeek technology. Agencies will need to look past direct DeepSeek deployments and check whether other tools they use rely on the company's work.

One open question could complicate compliance. The notice uses the phrase "developed using DeepSeek implementations" but does not define it. That leaves the scope of covered third-party products open to interpretation.

Legal Basis and Timeline

Homeland Security Secretary Markwayne Mullin issued the order under the Federal Acquisition Supply Chain Security Act of 2018, known as FASCSA. The order is dated July 24, 2026. It was published in the Federal Register on October 20, 2026.

Who Is Covered and Who Isn't

  • Covered: federal civilian agencies, such as the Treasury, State and Justice departments.
  • Excluded: the Department of Defense.
  • Not restricted: private companies and the public, who face no limits on using DeepSeek under this order.

Implications for Government Contractors

The order also affects companies that do business with the government. If a federal contract carries FAR clause 52.204-30, the contractor may not provide or use covered products or services in performing that contract. Because the order covers third-party products built with DeepSeek technology, contractors may need to review their own technology stacks.

Why DHS Acted: Data and Security Concerns

DHS gave several reasons for the order:

  • Concerns about how DeepSeek handles user data.
  • A warning that sensitive U.S. government data could be accessible to Chinese authorities under Chinese law.
  • Security vulnerabilities in DeepSeek's models.

Exceptions and Implementation Support

The ban is not absolute. Agencies can ask the issuing official for an exception. Under Federal Acquisition Security Council regulations, these requests must be in writing and must give a compelling justification.

DHS directs questions about the order to the Cybersecurity and Infrastructure Security Agency's FASCSA Order Implementation Team at fascsa.orders@cisa.dhs.gov.

China's Response

Beijing objected to the move. Foreign Ministry spokesperson Mao Ning opposed the order. She criticized what she described as the overstretching of national security and the politicization of technology and trade issues. She also pledged that China would safeguard the rights and interests of Chinese companies.

Context: Earlier Restrictions and Prior FASCSA Use

The order builds on earlier restrictions. A law passed in December 2025 limited DeepSeek use in intelligence community systems.

This is also not the first time FASCSA has been used. The authority was first invoked in 2025, when the Director of National Intelligence excluded Acronis from intelligence community procurement. The DeepSeek order extends that tool to the broader federal civilian government.

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