Periodic RepoJ'f on the National Emergency fVith Respect to Significan Jl1alicious CyberwE17 tbled Activities I hereby report to the Congress on developments and expenditures relating to the national emergency declared in Executive Order 13694 of Aprill 2015 which blocks the property of certain persons engaging in significant malicious cyber-enabled activities This repm1 covers actions taken in the exercise of national emergency authorities pursuant to section 204 c of the Internatiot1al Emergency Economic Powers Act IEEPA 50 U S C 1703 c and expenses that are directly attributable to the exercise of those authorities pursl1ant to section 401 c ofthe National Emergencies Act NEA 50 U S C 1641 c IEEPARepoliing from April 2015 thmugh September 9 2015 1 On Aprill 2015 President Obama signed Executive Order 13694 Blocking the Property of Ce1tain Petsons Engaging in Significant Malicious Cyber-Enabled Activities 80 Fed Reg 18077 April2 2015 E O 13694 In E O 13694 the President fmmd that the increasing prevalence and se_verity of malicious cyber-enabled activities originating from or directed by persons located in whole or in substantial part O ttside the United States constitute an mmsual and extraordinary threat to the national secmity foreign policy and economy of the United States To deal with this threat the President declared a national emergency and ordered the blocking of all property and interests in property that are in the United States that hereafter come within the United States or that are Ol' hereafter come within the possession or control of any United States person of any person determined by the Secretary of the Treasury in consultation with the Attomey General and the Secretary of State to meet any of the criteria set forth ht subsectionl a ofE O 13694 In addition section 4 ofE O 13694 suspends the entry into the United States as immigrants or nonimmigrants of such aliens determined to meet one or more of the criteria in subsection l a ofE O 13694 A copy ofE O 13694 is attached to this report 2 N entities or individuals have been designated Pllrsuant to E O 13694 As a result the Department of the Treasury's Office of Foreign Assets Control OFAC took no licensing actions which may take the form of specific licenses license amendments returnwithout-action letters general information letters interpretive guidance letters denial letters closed without determination letters or withdrawals involving E O 13694 nor assessed any civil monetary penalty for a violation ofE O 13694 3 OFAC continues to respond to public inquiries regarding this program during its numerous outreach events to the financial securities and international trade comnmnities Details ofthis program are available on the Department of the Treasury's website NEA Reporting from Aprill 2015 through October 1 2015 4 The expenses incurred by the federal govemment that m·e directly attl'ibutable to the exercise of powers and authorities conferred by the declaration of a national emergency with respect to significant malicious cyber enablcd activities are repotied to be approximately $760 000 most of which represent wage and salary costs for federal persatmel Persotmel costs were largely centered in the Depaliment of the Treasury particularly in OFAC and the Office of the General Cmmsel the Department of State an d the Depat1ment of Justice I shall continue to report periodically to the Congress on significant developments as required by law JacobJ Lew Department of the Treasury Dated October 1 201 5 2 Federal R egister Vol 80 No 53 Thursday April 2 2015 Presidential Documents 18077 Presidential Documents Executive Order 13094 of April 1 2015 Blocking the Property of Certain Persons Engaging in Signifi· cant Malicious Cyber Enabled Activities By the authotity 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 NaHonal Emergencies Act 50 U S C 1601 et seq NEA saclion 212 f of tl1e Immigration and Nationality Act of 1952 8 U S C 1182 1 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 nallonal 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 properly 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 otbenvise 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 provJsion 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 cornputere 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 tho United States 18078 Federal Regislel ' Vol 80 No 63 Timrsday April 2 2015 Presldential 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 properly and interests in property are blocked pursuant to this order _ C to be owned or controlled by or to havo 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 lyP e of articles specified in section 203 b 2 of lEEPA 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 secUon 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 properly 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 l 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 nonlmmigrants 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 ord r 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 cl'itical infrastructure sector means any of the designated critical infrastructure sectors identified in Presidential Policy Directive 21 and · a the term misappropriatimi' includes any taking or obtaining by improper means without permissio11 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 Federal Register Vol 80 No 53 Thursday April 2 2015 Presidential Documents 18079 in the United States I find that because of tho 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 listjng 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 end 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 D The Secretary of Ute 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 de· clared in this order consistent with section 401 c of the NEA 50 U S C 1641 c and section 204 c ofillEPA 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 Dec 2015-07788 Flied 4-1-lli tl Jii am Billing code 3295-FI DEPARTMENT OF THE TREASURY WASHINGTON D C 20220 May 12 2016 Re 2016-01-019 and 2016-03-067 Mr Steven Aftergood Federation of American Scientists 1725 DeSales Street NW Suite 600 Washington DC 20036 Dear Mr Aftergood This is the final response to your Freedom oflnformation Act FOIA requests to the U S Department of the Treasury dated January 12 2016 and March 11 2016 You have requested access to the following records 1 The latest six-month periodic report to Congress form the Secretary of the Treasury on the national emergency with respect to North Korea that was declared in Executive Order 13687 of January 2 2015 and 2 The latest six-month periodic report to Congress from the Secretary of the Treasury on the national emergency with respect to signicant malicious cyber-enabled activities that was declared in Executive Order 13694 of April 2015 Your request has been processed under the provisions of the FOIA 5 U S C § 552 A search conducted within the Treasury Departmental Offices located 11 responsive pages After review of those documents I have determined that they will be released in their entirety The documents are enclosed no exemptions have been claimed If you are dissatisfied with my action on your request you may appeal within 35 days of the date of this letter Your appeal must be in writing signed by you or your representative and should contain the rationale for the appeal Your appeal should be addressed to Freedom of Information Act Appeal Privacy Transparency and Records Department of the Treasury Washington D C 20220 The Office of Government Information Services OGIS also mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation If you wish to contact OGIS you may email them at ogis@nara gov or calll-877-684-6448 Sincerely Digitally signed by Ryan A Law ON c US o U5 Government ou Department of the Treasury ou Oepartmental Offices ou People seria1Number 716338 cn Ryan A Law Date 2016 05 1210 44 18-D4'00' Ryan Law Director FOIA and Transparency