[House Document 114-22]
[From the U.S. Government Publishing Office]




114th Congress, 1st Session- - - - - - - - - - House Document 114-22

 
 BLOCKING PROPERTY AND SUSPENDING ENTRY OF CERTAIN PERSONS ENGAGING IN 
             SIGNIFICANT MALICIOUS CYBER-ENABLED ACTIVITIES

                               __________

                             COMMUNICATION

                                  from

                     THEPRESIDENTOFTHEUNITEDSTATES

                              transmitting

 NOTIFICATION THAT AN EXECUTIVE ORDER WAS ISSUED DECLARING A NATIONAL 
 EMERGENCY WITH RESPECT TO THE UNUSUAL AND EXTRAORDINARY THREAT TO THE 
  NATIONAL SECURITY, FOREIGN POLICY, AND ECONOMY OF THE UNITED STATES 
  POSED BY 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, PURSUANT TO 50 
                          U.S.C. 1701 ET SEQ.




   April 13, 2015.--Referred to the Committee on Foreign Affairs and 
                         ordered to be printed
                                           The White House,
                                         Washington, April 1, 2015.
Hon. John Boehner,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Pursuant to the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby 
report that I have issued an Executive Order (the ``order'') 
declaring a national emergency with respect to the unusual and 
extraordinary threat to the national security, foreign policy, 
and economy of the United States posed by 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.
    The order would block the property and interests in 
property of:
     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:
           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;
           significantly compromising the provision 
        of services by one or more entities in a critical 
        infrastructure sector;
           causing a significant disruption to the 
        availability of a computer or network of computers; or
           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
     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, 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;
           to have materially assisted, sponsored, 
        or provided financial, material, or technological 
        support for, or goods or services in support of, 
        certain malicious cyber-enabled activities described in 
        the order or any person whose property and interests in 
        property are blocked pursuant to the order;
           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 the order; or
           to have attempted to engage in any of 
        the malicious activities described in the order.
    In addition, the order suspends entry into the United 
States of any alien determined to meet one or more of the above 
criteria.
    I have delegated to the Secretary of the Treasury the 
authority, in consultation with the Attorney General and the 
Secretary of State, 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 the order. All executive agencies are 
directed to take all appropriate measures within their 
authority to carry out the provisions of the order.
    I am enclosing a copy of the Executive Order I have issued.
            Sincerely,
                                                      Barack Obama.
                            Executive Order

                              ----------                              


   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;
                  (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 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.

                                                      Barack Obama.
    The White House, April 1, 2015.