Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities, 18077-18079 [2015-07788]

Download as PDF Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Presidential Documents 18077 Presidential Documents Executive Order 13694 of April 1, 2015 Blocking the Property of Certain Persons Engaging in 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), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, find that the increasing prevalence and severity of malicious cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency to deal with this threat. Accordingly, I hereby order: 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or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (i) any person determined by the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to be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, cyberenabled 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; or (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 tkelley on DSK3SPTVN1PROD with E0 (ii) 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 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 economic health or financial stability of the United States; VerDate Sep<11>2014 21:25 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\02APE0.SGM 02APE0 18078 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Presidential Documents (B) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any activity described in subsections (a)(i) or (a)(ii)(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)(i) and (a)(ii)(A)–(C) of this section. (b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order. Sec. 2. I hereby determine that the making of donations of the type of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to section 1 of this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 3. The prohibitions in section 1 of this order include but are not limited to: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 4. I hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in section 1(a) of this order would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants or nonimmigrants, of such persons. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 6. For the purposes of this order: (a) the term ‘‘person’’ means an individual or entity; (b) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; tkelley on DSK3SPTVN1PROD with E0 (c) the term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; (d) the term ‘‘critical infrastructure sector’’ means any of the designated critical infrastructure sectors identified in Presidential Policy Directive 21; and (e) the term ‘‘misappropriation’’ includes any taking or obtaining by improper means, without permission or consent, or under false pretenses. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence VerDate Sep<11>2014 21:25 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\02APE0.SGM 02APE0 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Presidential Documents 18079 in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order. Sec. 9. The Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, is hereby authorized to submit the recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 10. 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. THE WHITE HOUSE, April 1, 2015. [FR Doc. 2015–07788 Filed 4–1–15; 11:15 am] VerDate Sep<11>2014 21:25 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\02APE0.SGM 02APE0 OB#1.EPS</GPH> tkelley on DSK3SPTVN1PROD with E0 Billing code 3295–F5

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[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Presidential Documents]
[Pages 18077-18079]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07788]




                        Presidential Documents 



Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / 
Presidential Documents

[[Page 18077]]


                Executive Order 13694 of April 1, 2015

                
Blocking the Property of Certain Persons Engaging 
                in 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), section 212(f) of the Immigration and 
                Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 
                301 of title 3, United States Code,

                I, BARACK OBAMA, President of the United States of 
                America, find that the increasing prevalence and 
                severity of malicious cyber-enabled activities 
                originating from, or directed by persons located, in 
                whole or in substantial part, outside the United States 
                constitute an unusual and extraordinary threat to the 
                national security, foreign policy, and economy of the 
                United States. I hereby declare a national emergency to 
                deal with this threat.

                Accordingly, I hereby order:

                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) 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; or

  (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

(ii) 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 
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 economic 
health or financial stability of the United States;

[[Page 18078]]

  (B) to have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services in support of, 
any activity described in subsections (a)(i) or (a)(ii)(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)(i) and (a)(ii)(A)-(C) of this section.

                    (b) The prohibitions in subsection (a) of this 
                section apply except to the extent provided by 
                statutes, or in regulations, orders, directives, or 
                licenses that may be issued pursuant to this order, and 
                notwithstanding any contract entered into or any 
                license or permit granted prior to the effective date 
                of this order.

                Sec. 2. I hereby determine that the making of donations 
                of the type of articles specified in section 203(b)(2) 
                of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the 
                benefit of any person whose property and interests in 
                property are blocked pursuant to section 1 of this 
                order would seriously impair my ability to deal with 
                the national emergency declared in this order, and I 
                hereby prohibit such donations as provided by section 1 
                of this order.

                Sec. 3. The prohibitions in section 1 of this order 
                include but are not limited to:

                    (a) the making of any contribution or provision of 
                funds, goods, or services by, to, or for the benefit of 
                any person whose property and interests in property are 
                blocked pursuant to this order; and
                    (b) the receipt of any contribution or provision of 
                funds, goods, or services from any such person.

                Sec. 4. I hereby find that the unrestricted immigrant 
                and nonimmigrant entry into the United States of aliens 
                determined to meet one or more of the criteria in 
                section 1(a) of this order would be detrimental to the 
                interests of the United States, and I hereby suspend 
                entry into the United States, as immigrants or 
                nonimmigrants, of such persons. Such persons shall be 
                treated as persons covered by section 1 of Proclamation 
                8693 of July 24, 2011 (Suspension of Entry of Aliens 
                Subject to United Nations Security Council Travel Bans 
                and International Emergency Economic Powers Act 
                Sanctions).

                Sec. 5. (a) Any transaction that evades or avoids, has 
                the purpose of evading or avoiding, causes a violation 
                of, or attempts to violate any of the prohibitions set 
                forth in this order is prohibited.

                    (b) Any conspiracy formed to violate any of the 
                prohibitions set forth in this order is prohibited.

                Sec. 6. For the purposes of this order:

                    (a) the term ``person'' means an individual or 
                entity;
                    (b) the term ``entity'' means a partnership, 
                association, trust, joint venture, corporation, group, 
                subgroup, or other organization;
                    (c) the term ``United States person'' means any 
                United States citizen, permanent resident alien, entity 
                organized under the laws of the United States or any 
                jurisdiction within the United States (including 
                foreign branches), or any person in the United States;
                    (d) the term ``critical infrastructure sector'' 
                means any of the designated critical infrastructure 
                sectors identified in Presidential Policy Directive 21; 
                and
                    (e) the term ``misappropriation'' includes any 
                taking or obtaining by improper means, without 
                permission or consent, or under false pretenses.

                Sec. 7. For those persons whose property and interests 
                in property are blocked pursuant to this order who 
                might have a constitutional presence

[[Page 18079]]

                in the United States, I find that because of the 
                ability to transfer funds or other assets 
                instantaneously, prior notice to such persons of 
                measures to be taken pursuant to this order would 
                render those measures ineffectual. I therefore 
                determine that for these measures to be effective in 
                addressing the national emergency declared in this 
                order, there need be no prior notice of a listing or 
                determination made pursuant to section 1 of this order.

                Sec. 8. The Secretary of the Treasury, in consultation 
                with the Attorney General and the Secretary of State, 
                is hereby authorized to take such actions, including 
                the promulgation of rules and regulations, and to 
                employ all powers granted to the President by IEEPA as 
                may be necessary to carry out the purposes of this 
                order. The Secretary of the Treasury may redelegate any 
                of these functions to other officers and agencies of 
                the United States Government consistent with applicable 
                law. All agencies of the United States Government are 
                hereby directed to take all appropriate measures within 
                their authority to carry out the provisions of this 
                order.

                Sec. 9. The Secretary of the Treasury, in consultation 
                with the Attorney General and the Secretary of State, 
                is hereby authorized to submit the recurring and final 
                reports to the Congress on the national emergency 
                declared in this order, consistent with section 401(c) 
                of the NEA (50 U.S.C. 1641(c)) and section 204(c) of 
                IEEPA (50 U.S.C. 1703(c)).

                Sec. 10. 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 1, 2015.

[FR Doc. 2015-07788
Filed 4-1-15; 11:15 am]
Billing code 3295-F5