US Department of Commerce bans Kaspersky software from ICTS for the first time
On June 20, 2024, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a final decision prohibiting Kaspersky Lab Ltd. (“Kaspersky”), the U.S. subsidiary of Russian cybersecurity provider AO Kaspersky Lab, from selling certain cybersecurity products, antivirus software, and related services to U.S. individuals. This final determination is the first such action taken by BIS pursuant to Executive Order No. 13873 (“Securing the Information and Communications Technology and Services Supply Chain”) issued on June 19, 2021, and the ICTS implementing regulations. In response to the final ruling, Kaspersky announced that it would gradually shut down its US operations on July 20, 2024, as it would no longer be viable to conduct business in the United States after the ban was implemented. While Kaspersky’s closure may, on practical matters, accelerate the impact of the Commerce Department’s ban on the supply chain and the need to find alternative suppliers, companies should be prepared to assess their exposure to other…