Commerce Department Issues, Then Withdraws WeChat Ban Rules; Federal Court Blocks the Ban

On September 18, 2020, the U.S. Department of Commerce (the “Commerce Department”) issued unpublished rules (the “WeChat Rules”) identifying the transactions prohibited by the August 6, 2020 Executive Order on Addressing the Threat Posed by WeChat (the “WeChat Order”), with such rules largely banning WeChat within the United States. The WeChat Rules would have become effective on Sunday, September 20, 2020, but on Saturday, September 19, 2020, the U.S. District Court for the Northern District of California granted a nationwide injunction against implementing the WeChat Order on First Amendment grounds. On Monday, September 21, 2020, the Commerce Department withdrew the WeChat Rules.