Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election

[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]

[Presidential Documents]

[Pages 46843-46848]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2018-20203]

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Vol. 83

Friday,

No. 179

September 14, 2018

Part IV

The President

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Executive Order 13848--Imposing Certain Sanctions in the Event of

Foreign Interference in a United States Election

Presidential Documents

Federal Register / Vol. 83 , No. 179 / Friday, September 14, 2018 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

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Executive Order 13848 of September 12, 2018

Imposing Certain Sanctions in the Event of

Foreign Interference in a United States Election

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,

tes 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, DONALD J. TRUMP, President of the United States of

America, find that the ability of persons located, in

whole or in substantial part, outside the United States

to interfere in or undermine public confidence in

United States elections, including through the

unauthorized accessing of election and campaign

infrastructure or the covert distribution of propaganda

and disinformation, constitutes an unusual and

extraordinary threat to the national security and

foreign policy of the United States. Although there has

been no evidence of a foreign power altering the

outcome or vote tabulation in any United States

election, foreign powers have historically sought to

exploit America's free and open political system. In

recent years, the proliferation of digital devices and

internet-based communications has created significant

vulnerabilities and magnified the scope and intensity

of the threat of foreign interference, as illustrated

in the 2017 Intelligence Community Assessment. I hereby

declare a national emergency to deal with this threat.

Accordingly, I hereby order:

internet-based communications has created significant

vulnerabilities and magnified the scope and intensity

of the threat of foreign interference, as illustrated

in the 2017 Intelligence Community Assessment. I hereby

declare a national emergency to deal with this threat.

Accordingly, I hereby order:

Section 1. (a) Not later than 45 days after the

conclusion of a United States election, the Director of

National Intelligence, in consultation with the heads

of any other appropriate executive departments and

agencies (agencies), shall conduct an assessment of any

information indicating that a foreign government, or

any person acting as an agent of or on behalf of a

foreign government, has acted with the intent or

purpose of interfering in that election. The assessment

shall identify, to the maximum extent ascertainable,

the nature of any foreign interference and any methods

employed to execute it, the persons involved, and the

foreign government or governments that authorized,

directed, sponsored, or supported it. The Director of

National Intelligence shall deliver this assessment and

appropriate supporting information to the President,

the Secretary of State, the Secretary of the Treasury,

the Secretary of Defense, the Attorney General, and the

Secretary of Homeland Security.

directed, sponsored, or supported it. The Director of

National Intelligence shall deliver this assessment and

appropriate supporting information to the President,

the Secretary of State, the Secretary of the Treasury,

the Secretary of Defense, the Attorney General, and the

Secretary of Homeland Security.

(b) Within 45 days of receiving the assessment and

information described in section 1(a) of this order,

the Attorney General and the Secretary of Homeland

Security, in consultation with the heads of any other

appropriate agencies and, as appropriate, State and

local officials, shall deliver to the President, the

Secretary of State, the Secretary of the Treasury, and

the Secretary of Defense a report evaluating, with

respect to the United States election that is the

subject of the assessment described in section 1(a):

(i) the extent to which any foreign interference that targeted election

infrastructure materially affected the security or integrity of that

infrastructure, the tabulation of votes, or the timely transmission of

election results; and

(ii) if any foreign interference involved activities targeting the

infrastructure of, or pertaining to, a political organization, campaign, or

candidate, the

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extent to which such activities materially affected the security or

integrity of that infrastructure, including by unauthorized access to,

disclosure or threatened disclosure of, or alteration or falsification of,

information or data.

reign interference involved activities targeting the

infrastructure of, or pertaining to, a political organization, campaign, or

candidate, the

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extent to which such activities materially affected the security or

integrity of that infrastructure, including by unauthorized access to,

disclosure or threatened disclosure of, or alteration or falsification of,

information or data.

The report shall identify any material issues of fact

with respect to these matters that the Attorney General

and the Secretary of Homeland Security are unable to

evaluate or reach agreement on at the time the report

is submitted. The report shall also include updates and

recommendations, when appropriate, regarding remedial

actions to be taken by the United States Government,

other than the sanctions described in sections 2 and 3

of this order.

(c) Heads of all relevant agencies shall transmit

to the Director of National Intelligence any

information relevant to the execution of the Director's

duties pursuant to this order, as appropriate and

consistent with applicable law. If relevant information

emerges after the submission of the report mandated by

section 1(a) of this order, the Director, in

consultation with the heads of any other appropriate

agencies, shall amend the report, as appropriate, and

the Attorney General and the Secretary of Homeland

Security shall amend the report required by section

1(b), as appropriate.

he report mandated by

section 1(a) of this order, the Director, in

consultation with the heads of any other appropriate

agencies, shall amend the report, as appropriate, and

the Attorney General and the Secretary of Homeland

Security shall amend the report required by section

1(b), as appropriate.

(d) Nothing in this order shall prevent the head of

any agency or any other appropriate official from

tendering to the President, at any time through an

appropriate channel, any analysis, information,

assessment, or evaluation of foreign interference in a

United States election.

(e) If information indicating that foreign

interference in a State, tribal, or local election

within the United States has occurred is identified, it

may be included, as appropriate, in the assessment

mandated by section 1(a) of this order or in the report

mandated by section 1(b) of this order, or submitted to

the President in an independent report.

(f) Not later than 30 days following the date of

this order, the Secretary of State, the Secretary of

the Treasury, the Attorney General, the Secretary of

Homeland Security, and the Director of National

Intelligence shall develop a framework for the process

that will be used to carry out their respective

responsibilities pursuant to this order

f

this order, the Secretary of State, the Secretary of

the Treasury, the Attorney General, the Secretary of

Homeland Security, and the Director of National

Intelligence shall develop a framework for the process

that will be used to carry out their respective

responsibilities pursuant to this order. The framework,

which may be classified in whole or in part, shall

focus on ensuring that agencies fulfill their

responsibilities pursuant to this order in a manner

that maintains methodological consistency; protects law

enforcement or other sensitive information and

intelligence sources and methods; maintains an

appropriate separation between intelligence functions

and policy and legal judgments; ensures that efforts to

protect electoral processes and institutions are

insulated from political bias; and respects the

principles of free speech and open debate.

Sec. 2. (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: any foreign person determined by the

Secretary of the Treasury, in consultation with the

Secretary of State, the Attorney General, and the

Secretary of Homeland Security:

tates person

of the following persons are blocked and may not be

transferred, paid, exported, withdrawn, or otherwise

dealt in: any foreign person determined by the

Secretary of the Treasury, in consultation with the

Secretary of State, the Attorney General, and the

Secretary of Homeland Security:

(i) to have directly or indirectly engaged in, sponsored, concealed, or

otherwise been complicit in foreign interference in a United States

election;

(ii) 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 subsection (a)(i) of this section or

any person whose property and interests in property are blocked pursuant to

this order; or

(iii) 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 or

interests in property are blocked pursuant to this order.

(b) Executive Order 13694 of April 1, 2015, as

amended by Executive Order 13757 of December 28, 2016,

remains in effect. This order is not

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intended to, and does not, serve to limit the Secretary

of the Treasury's discretion to exercise the

authorities provided in Executive Order 13694. Where

appropriate, the Secretary of the Treasury, in

consultation with the Attorney General and the

Secretary of State, may exercise the authorities

described in Executive Order 13694 or other authorities

in conjunction with the Secretary of the Treasury's

exercise of authorities provided in this order.

appropriate, the Secretary of the Treasury, in

consultation with the Attorney General and the

Secretary of State, may exercise the authorities

described in Executive Order 13694 or other authorities

in conjunction with the Secretary of the Treasury's

exercise of authorities provided in this order.

(c) 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 date of this

order.

Sec. 3. Following the transmission of the assessment

mandated by section 1(a) and the report mandated by

section 1(b):

(a) the Secretary of the Treasury shall review the

assessment mandated by section 1(a) and the report

mandated by section 1(b), and, in consultation with the

Secretary of State, the Attorney General, and the

Secretary of Homeland Security, impose all appropriate

sanctions pursuant to section 2(a) of this order and

any appropriate sanctions described in section 2(b) of

this order; and

nd the report

mandated by section 1(b), and, in consultation with the

Secretary of State, the Attorney General, and the

Secretary of Homeland Security, impose all appropriate

sanctions pursuant to section 2(a) of this order and

any appropriate sanctions described in section 2(b) of

this order; and

(b) the Secretary of State and the Secretary of the

Treasury, in consultation with the heads of other

appropriate agencies, shall jointly prepare a

recommendation for the President as to whether

additional sanctions against foreign persons may be

appropriate in response to the identified foreign

interference and in light of the evaluation in the

report mandated by section 1(b) of this order,

including, as appropriate and consistent with

applicable law, proposed sanctions with respect to the

largest business entities licensed or domiciled in a

country whose government authorized, directed,

sponsored, or supported election interference,

including at least one entity from each of the

following sectors: financial services, defense, energy,

technology, and transportation (or, if inapplicable to

that country's largest business entities, sectors of

comparable strategic significance to that foreign

government). The recommendation shall include an

assessment of the effect of the recommended sanctions

on the economic and national security interests of the

United States and its allies

cable to

that country's largest business entities, sectors of

comparable strategic significance to that foreign

government). The recommendation shall include an

assessment of the effect of the recommended sanctions

on the economic and national security interests of the

United States and its allies. Any recommended sanctions

shall be appropriately calibrated to the scope of the

foreign interference identified, and may include one or

more of the following with respect to each targeted

foreign person:

(i) blocking and prohibiting all transactions in a person's property and

interests in property subject to United States jurisdiction;

(ii) export license restrictions under any statute or regulation that

requires the prior review and approval of the United States Government as a

condition for the export or re-export of goods or services;

(iii) prohibitions on United States financial institutions making loans or

providing credit to a person;

(iv) restrictions on transactions in foreign exchange in which a person has

any interest;

(v) prohibitions on transfers of credit or payments between financial

institutions, or by, through, or to any financial institution, for the

benefit of a person;

(vi) prohibitions on United States persons investing in or purchasing

equity or debt of a person;

(vii) exclusion of a person's alien corporate officers from the United

States;

(viii) imposition on a person's alien principal executive officers of any

of the sanctions described in this section; or

al

institutions, or by, through, or to any financial institution, for the

benefit of a person;

(vi) prohibitions on United States persons investing in or purchasing

equity or debt of a person;

(vii) exclusion of a person's alien corporate officers from the United

States;

(viii) imposition on a person's alien principal executive officers of any

of the sanctions described in this section; or

(ix) any other measures authorized by law.

Sec. 4. 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,

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to, or for the benefit of any person whose property and

interests in property are blocked pursuant to 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 2

of this order.

Sec. 5. The prohibitions in section 2 of this order

include the following:

(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.

(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. 6. I hereby find that the unrestricted immigrant

and nonimmigrant entry into the United States of aliens

whose property and interests in property are blocked

pursuant to 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. 7. (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. 8. 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;

prohibitions set forth in this order is prohibited.

Sec. 8. 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 (including a foreign

person) in the United States;

(d) the term ``election infrastructure'' means

information and communications technology and systems

used by or on behalf of the Federal Government or a

State or local government in managing the election

process, including voter registration databases, voting

machines, voting tabulation equipment, and equipment

for the secure transmission of election results;

(e) the term ``United States election'' means any

election for Federal office held on, or after, the date

of this order;

ing the election

process, including voter registration databases, voting

machines, voting tabulation equipment, and equipment

for the secure transmission of election results;

(e) the term ``United States election'' means any

election for Federal office held on, or after, the date

of this order;

(f) the term ``foreign interference,'' with respect

to an election, includes any covert, fraudulent,

deceptive, or unlawful actions or attempted actions of

a foreign government, or of any person acting as an

agent of or on behalf of a foreign government,

undertaken with the purpose or effect of influencing,

undermining confidence in, or altering the result or

reported result of, the election, or undermining public

confidence in election processes or institutions;

(g) the term ``foreign government'' means any

national, state, provincial, or other governing

authority, any political party, or any official of any

governing authority or political party, in each case of

a country other than the United States;

(h) the term ``covert,'' with respect to an action

or attempted action, means characterized by an intent

or apparent intent that the role of a foreign

government will not be apparent or acknowledged

publicly; and

hority or political party, in each case of

a country other than the United States;

(h) the term ``covert,'' with respect to an action

or attempted action, means characterized by an intent

or apparent intent that the role of a foreign

government will not be apparent or acknowledged

publicly; and

(i) the term ``State'' means the several States or

any of the territories, dependencies, or possessions of

the United States.

Sec. 9. For those persons whose property and interests

in property are blocked pursuant to this order who

might have a constitutional presence

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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 2 of this order.

Sec. 10. Nothing in this order shall prohibit

transactions for the conduct of the official business

of the United States Government by employees, grantees,

or contractors thereof.

d in this

order, there need be no prior notice of a listing or

determination made pursuant to section 2 of this order.

Sec. 10. Nothing in this order shall prohibit

transactions for the conduct of the official business

of the United States Government by employees, grantees,

or contractors thereof.

Sec. 11. 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 re-delegate

any of these functions to other officers within the

Department of the Treasury 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. 12. 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. 13. This order shall be implemented consistent

with 50 U.S.C. 1702(b)(1) and (3).

Sec. 14. (a) Nothing in this order shall be construed

to impair or otherwise affect:

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. 13. This order shall be implemented consistent

with 50 U.S.C. 1702(b)(1) and (3).

Sec. 14. (a) Nothing in this order shall be construed

to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

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(c) 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,

September 12, 2018.

[FR Doc. 2018-20203

Filed 9-13-18; 11:15 am]

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