October 23, 2026. No, DeepSeek is not banned for US businesses or consumers. On October 20, 2026, the Department of Homeland Security published an order in the Federal Register that bars DeepSeek from federal civilian agency purchases and requires civilian agencies to remove DeepSeek products, affiliate products and third-party products developed using DeepSeek implementations from their IT. If you sell to the federal government, it does reach you: under FAR 52.204-30, a contractor that finds a covered DeepSeek product in its contract work must report it to the contracting officer within 3 business days.
Key numbers
| Item | Number |
|---|---|
| DHS order published in the Federal Register | 20 October 2026 |
| Federal Register citation (FR Doc 2026-21447) | 91 FR 66346 |
| DHS docket number | DHS-2026-0628 |
| Agencies the DHS order binds (not private businesses or consumers) | Federal civilian agencies |
| FASCSA orders naming DeepSeek (DHS, Department of War, Director of National Intelligence) | 3 |
| Contractor report deadline, FAR 52.204-30 | 3 business days |
| Mitigation follow-up, FAR 52.204-30 | 10 business days |
| Contractor SAM.gov check for FASCSA orders (at least) | Every 3 months |
Order and clause text read on 23 October 2026 from the Federal Register and acquisition.gov; the order count from Crowell & Moring's client alert of 21 October 2026.
What the DHS order says
- Published October 20, 2026. The Federal Register notice is FR Doc 2026-21447 at 91 FR 66346, docket DHS-2026-0628, with the signed order in its appendix.
- Exclusion. IT products and services developed by Hangzhou DeepSeek Artificial Intelligence Co., Ltd, including affiliated entities as defined in 48 CFR 2.101, are excluded from federal civilian agency procurements.
- Removal. All DeepSeek and DeepSeek-affiliate products, and third-party products and services developed using DeepSeek implementations, must come out of civilian agency IT.
- Legal basis. The Federal Acquisition Supply Chain Security Act of 2018 and its rules at 41 CFR 201-1, after a recommendation from the Federal Acquisition Security Council. CISA's FASCSA order team handles questions.
- Defense and intelligence too. Law firm Crowell & Moring reports that the Department of War and the Director of National Intelligence issued their own DeepSeek orders, published in the SAM.gov spreadsheet of FASCSA orders.
Who it reaches beyond agencies
The order regulates federal civilian agencies. Contractors feel it through FAR 52.204-30: unless a waiver applies, a contractor may not provide or use a covered article in the performance of the contract, must check SAM.gov for FASCSA orders at least once every three months, must make a reasonable inquiry when a new order could touch its supply chain, and must report a covered article within 3 business days, then send mitigation details within 10 business days. Crowell reads the civilian order's "developed using DeepSeek implementations" wording as broad enough to cover software written with DeepSeek's coding assistant, and the defense and intelligence orders as covering applications that implement a DeepSeek model wherever it is hosted, including open-weight copies run locally.
What it means for operators
- If you hold or support federal civilian contracts, list every place a DeepSeek model runs in your delivery: the DeepSeek API, open-weight models on your own servers, and tools that call DeepSeek in the background. Swap or document them before your next SAM.gov check.
- If you build AI tools for clients, ask whether the client sells to the government before you choose a model, and put the model vendor in the statement of work. If you are scoping AI intake for a law firm that does federal contract work, settle the model question before the build.
- Everyone else is outside this order: it binds federal civilian agencies and, through their contracts, their suppliers. The business question is data. DeepSeek's privacy policy says it stores personal data in the People's Republic of China, which is why our DeepSeek Search API pricing breakdown says to keep client personal data out of queries.
For help choosing or swapping the model inside an existing automation, see our AI automation agency service or hire an AI engineer. This is a summary of public documents, not legal advice.
Frequently Asked Questions
Not for businesses or consumers. The DHS order published on October 20, 2026 bars DeepSeek from federal civilian agency procurements and requires those agencies to remove DeepSeek products, affiliate products and third-party products developed using DeepSeek implementations. Separate orders from the Department of War and the Director of National Intelligence cover defense and intelligence agencies.
Through FAR 52.204-30. A contractor may not provide or use a covered article in contract performance unless a waiver applies, must check SAM.gov for FASCSA orders at least once every three months, and must report a covered article to the contracting officer within 3 business days, with mitigation details within 10 business days.
The civilian order removes DeepSeek products and third-party products developed using DeepSeek implementations, and law firm Crowell & Moring reads the defense and intelligence orders as covering applications that implement a DeepSeek model wherever it is hosted, including locally run open-weight copies. If you work on federal contracts, treat a local DeepSeek model as in scope and confirm with your contracting officer.
Yes. The order binds federal civilian agencies and, through FAR 52.204-30, contractors whose contracts carry the clause. DeepSeek's privacy policy says personal data is stored in the People's Republic of China, so keep client personal data out of it unless your contracts allow that.