Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities

[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]

[Presidential Documents]

[Pages 18077-18079]

From the Federal Register Online via the Government Publishing 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:

ted 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be transferred, paid, exported, withdrawn, or otherwise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

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.

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

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;

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]]

(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.

y 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