Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious Cyber- Enabled Activities, 1-3 [2016-31922]

Agencies

• Executive Office of the President

[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Presidential Documents]
[Pages 1-3]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31922]




                        Presidential Documents 



Federal Register / Vol. 82 , No. 1 / Tuesday, January 3, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Executive Order 13757 of December 28, 2016

                
Taking Additional Steps to Address the National 
                Emergency With Respect to Significant Malicious Cyber-
                Enabled Activities

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the 
                National Emergencies Act (50 U.S.C. 1601 et seq.) 
                (NEA), and section 301 of title 3, United States Code,

                I, BARACK OBAMA, President of the United States of 
                America, in order to take additional steps to deal with 
                the national emergency with respect to significant 
                malicious cyber-enabled activities declared in 
                Executive Order 13694 of April 1, 2015, and in view of 
                the increasing use of such activities to undermine 
                democratic processes or institutions, hereby order:

                Section 1. Section 1(a) of Executive Order 13694 is 
                hereby amended to read as follows:

                    ``Section 1. (a) All property and interests in 
                property that are in the United States, that hereafter 
                come within the United States, or that are or hereafter 
                come within the possession or control of any United 
                States person of the following persons are blocked and 
                may not be transferred, paid, exported, withdrawn, or 
                otherwise dealt in:

(i) the persons listed in the Annex to this order;

(ii) any person determined by the Secretary of the Treasury, in 
consultation with the Attorney General and the Secretary of State, to be 
responsible for or complicit in, or to have engaged in, directly or 
indirectly, cyber-enabled activities originating from, or directed by 
persons located, in whole or in substantial part, outside the United States 
that are reasonably likely to result in, or have materially contributed to, 
a significant threat to the national security, foreign policy, or economic 
health or financial stability of the United States and that have the 
purpose or effect of:

  (A) harming, or otherwise significantly compromising the provision of 
services by, a computer or network of computers that support one or more 
entities in a critical infrastructure sector;

  (B) significantly compromising the provision of services by one or more 
entities in a critical infrastructure sector;

  (C) causing a significant disruption to the availability of a computer or 
network of computers;

  (D) causing a significant misappropriation of funds or economic 
resources, trade secrets, personal identifiers, or financial information 
for commercial or competitive advantage or private financial gain; or

  (E) tampering with, altering, or causing a misappropriation of 
information with the purpose or effect of interfering with or undermining 
election processes or institutions; and

(iii) any person determined by the Secretary of the Treasury, in 
consultation with the Attorney General and the Secretary of State:

  (A) to be responsible for or complicit in, or to have engaged in, the 
receipt or use for commercial or competitive advantage or private financial 
gain, or by a commercial entity, outside the United States of trade secrets

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misappropriated through cyber-enabled means, knowing they have been 
misappropriated, where the misappropriation of such trade secrets is 
reasonably likely to result in, or has materially contributed to, a 
significant threat to the national security, foreign policy, or economy of 
the United States;

  (B) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services to or in 
support of, any activity described in subsections (a)(ii) or (a)(iii)(A) of 
this section or any person whose property and interests in property are 
blocked pursuant to this order;

  (C) to be owned or controlled by, or to have acted or purported to act 
for or on behalf of, directly or indirectly, any person whose property and 
interests in property are blocked pursuant to this order; or

  (D) to have attempted to engage in any of the activities described in 
subsections (a)(ii) and (a)(iii)(A)-(C) of this section.''

                Sec. 2. Executive Order 13694 is further amended by 
                adding as an Annex to Executive Order 13694 the Annex 
                to this order.

                Sec. 3. Executive Order 13694 is further amended by 
                redesignating section 10 as section 11 and adding a new 
                section 10 to read as follows:

                    ``Sec. 10. The Secretary of the Treasury, in 
                consultation with the Attorney General and the 
                Secretary of State, is hereby authorized to determine 
                that circumstances no longer warrant the blocking of 
                the property and interests in property of a person 
                listed in the Annex to this order, and to take 
                necessary action to give effect to that 
                determination.''

                Sec. 4. This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.

                Sec. 5. This order is effective at 12:01 a.m. eastern 
                standard time on December 29, 2016.
                
                
                    (Presidential Sig.)

                 THE WHITE HOUSE,

                     December 28, 2016.

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[FR Doc. 2016-31922
Filed 12-30-16; 8:45 am]
Billing code 4811-33-C