Appendix A to Part 578 - Executive Order 13694
31:3.1.1.1.29.8.1.2.16 : Appendix A
Appendix A to Part 578 - Executive Order 13694 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may not be transferred, paid, exported, withdrawn, or otherwise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, 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