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or control of any United States person of the following persons are blocked and may not be transferred paid exported withdrawn or otherwise dealt in i any person determined by the Secretary of the Treasury in consultation with the Attorney General and the Secretary of State to be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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