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Part 3 · IT Security of Entities  ›  Chapter 2 · Risk Management, Reporting, Registration, Verification and Notification Obligations › Section 41

Prohibition of the use of critical components

(1) The Federal Ministry of the Interior may, as against an operator of critical facilities, prohibit or issue orders concerning the use of critical components of a manufacturer, in consultation with the Federal Ministry for Economic Affairs and Energy in the energy sector, the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Research, Technology and Space in the space sector, the Federal Ministry for Digital Affairs and State Modernisation in the information technology and telecommunications sectors, the Federal Ministry of Transport in the transport and traffic sectors, the Federal Ministry of Health in the health sector, the Federal Ministry of Food and Agriculture in the food sector, the Federal Ministry of Finance in the finance sector, the Federal Ministry of Labour and Social Affairs in the social insurance institutions and basic income support for job seekers sectors, and the Federal Ministry for the Environment, Climate Action, Nature Conservation and Nuclear Safety in the water and municipal waste disposal sectors, as well as the Federal Foreign Office, where the use is likely to impair public order or security of the Federal Republic of Germany.
(2) Where the Federal Ministry of the Interior has prohibited an operator of critical facilities from using a critical component, or issued an order concerning it, it may, in consultation with the Federal Ministry named in subsection (1), 1. also prohibit the operator of critical facilities from using further critical components of the same manufacturer and the same component type in future, or issue orders concerning that, 2. prohibit all operators of critical facilities from using the same critical component of the same manufacturer and further critical components of the same component type of the same manufacturer, or issue orders concerning that.
(3) The decision under the first sentence, no. 2 is issued as a general order. An objection and an action against a prohibition or order under subsections (1) and (2), first sentence have no suspensive effect.
(4) In examining a likely impairment of public order or security under subsection (1), account may in particular be taken of whether 1. the manufacturer is directly or indirectly controlled by the government, including other state bodies or armed forces, of a third country, or is obliged to cooperate with state bodies or armed forces of a third country, or can be obliged to do so by the third country, 2. the manufacturer has been or is involved in activities that were or are capable of having adverse effects on public order or security of the Federal Republic of Germany or of another Member State of the European Union, the European Free Trade Association or the North Atlantic Treaty, or on their institutions, 3. sufficient indications exist that the manufacturer is not trustworthy for other reasons, 4. the use of the critical component is consistent with the security-policy interests of the Federal Republic of Germany, the European Union or the North Atlantic Treaty.
(5) The operator of critical facilities is obliged to cooperate in establishing the facts. For that purpose it must, on request, communicate fully and truthfully all facts material to the proceedings and state the evidence known to it.

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