[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
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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.