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On February 28, 2024, the President issued the "Executive Order Preventing Access to Americans’ Bulk Sensitive Personal Data and U.S. Government-Related Data by Countries of Concern" (EO 14117). The Order directs the Attorney General to issue regulations that prohibit or otherwise restrict United States persons from engaging in any
acquisition, holding, use, transfer, transportation, or exportation of, or dealing in, any property in which a foreign person has any interest, where the transaction: (a) involves U.S. Government-related data or bulk U.S. sensitive personal data, as defined by final rules implementing the Order; (b) falls within a category of transactions that the Attorney General has determined pose an unacceptable national security risk of access by countries of concern or covered persons to Americans’ bulk sensitive personal data or U.S. Government-related data; or (c) meets other criteria specified by the Order.

On March 5, 2024, the Department published an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public comment on various topics related to the implementation of the Order, including designating countries of concern and covered persons, identifying prohibited and restricted data transactions, defining U.S.  governmentrelated data and bulk U.S. sensitive personal data, and other provisions relating to the Order’s interpretation, enforcement, and compliance therewith.

The Department plans to publish a Notice of Proposed Rulemaking (NPRM) later this year.