Appendix A to Part 579 - Executive Order 13848
31:3.1.1.1.30.9.1.2.17 : Appendix A
Appendix A to Part 579 - Executive Order 13848 Executive Order
13848 of September 12, 2018 Imposing Certain Sanctions in the Event
of Foreign Interference in a United States Election
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, DONALD J. TRUMP, President of the United States of America,
find that the ability of persons located, in whole or in
substantial part, outside the United States to interfere in or
undermine public confidence in United States elections, including
through the unauthorized accessing of election and campaign
infrastructure or the covert distribution of propaganda and
disinformation, constitutes an unusual and extraordinary threat to
the national security and foreign policy of the United States.
Although there has been no evidence of a foreign power altering the
outcome or vote tabulation in any United States election, foreign
powers have historically sought to exploit America's free and open
political system. In recent years, the proliferation of digital
devices and internet-based communications has created significant
vulnerabilities and magnified the scope and intensity of the threat
of foreign interference, as illustrated in the 2017 Intelligence
Community Assessment. I hereby declare a national emergency to deal
with this threat. Accordingly, I hereby order:
Section 1. (a) Not later than 45 days after the conclusion of a
United States election, the Director of National Intelligence, in
consultation with the heads of any other appropriate executive
departments and agencies (agencies), shall conduct an assessment of
any information indicating that a foreign government, or any person
acting as an agent of or on behalf of a foreign government, has
acted with the intent or purpose of interfering in that election.
The assessment shall identify, to the maximum extent ascertainable,
the nature of any foreign interference and any methods employed to
execute it, the persons involved, and the foreign government or
governments that authorized, directed, sponsored, or supported it.
The Director of National Intelligence shall deliver this assessment
and appropriate supporting information to the President, the
Secretary of State, the Secretary of the Treasury, the Secretary of
Defense, the Attorney General, and the Secretary of Homeland
Security.
(b) Within 45 days of receiving the assessment and information
described in section 1(a) of this order, the Attorney General and
the Secretary of Homeland Security, in consultation with the heads
of any other appropriate agencies and, as appropriate, State and
local officials, shall deliver to the President, the Secretary of
State, the Secretary of the Treasury, and the Secretary of Defense
a report evaluating, with respect to the United States election
that is the subject of the assessment described in section
1(a):
(i) the extent to which any foreign interference that targeted
election infrastructure materially affected the security or
integrity of that infrastructure, the tabulation of votes, or the
timely transmission of election results; and
(ii) if any foreign interference involved activities targeting
the infrastructure of, or pertaining to, a political organization,
campaign, or candidate, the extent to which such activities
materially affected the security or integrity of that
infrastructure, including by unauthorized access to, disclosure or
threatened disclosure of, or alteration or falsification of,
information or data.
The report shall identify any material issues of fact with
respect to these matters that the Attorney General and the
Secretary of Homeland Security are unable to evaluate or reach
agreement on at the time the report is submitted. The report shall
also include updates and recommendations, when appropriate,
regarding remedial actions to be taken by the United States
Government, other than the sanctions described in sections 2 and 3
of this order.
(c) Heads of all relevant agencies shall transmit to the
Director of National Intelligence any information relevant to the
execution of the Director's duties pursuant to this order, as
appropriate and consistent with applicable law. If relevant
information emerges after the submission of the report mandated by
section 1(a) of this order, the Director, in consultation with the
heads of any other appropriate agencies, shall amend the report, as
appropriate, and the Attorney General and the Secretary of Homeland
Security shall amend the report required by section 1(b), as
appropriate.
(d) Nothing in this order shall prevent the head of any agency
or any other appropriate official from tendering to the President,
at any time through an appropriate channel, any analysis,
information, assessment, or evaluation of foreign interference in a
United States election.
(e) If information indicating that foreign interference in a
State, tribal, or local election within the United States has
occurred is identified, it may be included, as appropriate, in the
assessment mandated by section 1(a) of this order or in the report
mandated by section 1(b) of this order, or submitted to the
President in an independent report.
(f) Not later than 30 days following the date of this order, the
Secretary of State, the Secretary of the Treasury, the Attorney
General, the Secretary of Homeland Security, and the Director of
National Intelligence shall develop a framework for the process
that will be used to carry out their respective responsibilities
pursuant to this order. The framework, which may be classified in
whole or in part, shall focus on ensuring that agencies fulfill
their responsibilities pursuant to this order in a manner that
maintains methodological consistency; protects law enforcement or
other sensitive information and intelligence sources and methods;
maintains an appropriate separation between intelligence functions
and policy and legal judgments; ensures that efforts to protect
electoral processes and institutions are insulated from political
bias; and respects the principles of free speech and open
debate.
Sec. 2. (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: any foreign person determined by the Secretary of the Treasury,
in consultation with the Secretary of State, the Attorney General,
and the Secretary of Homeland Security:
(i) to have directly or indirectly engaged in, sponsored,
concealed, or otherwise been complicit in foreign interference in a
United States election;
(ii) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to or in support of, any activity described in subsection
(a)(i) of this section or any person whose property and interests
in property are blocked pursuant to this order; or
(iii) 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 or interests in property are blocked pursuant
to this order.
(b) Executive Order 13694 of April 1, 2015, as amended by
Executive Order 13757 of December 28, 2016, remains in effect. This
order is not intended to, and does not, serve to limit the
Secretary of the Treasury's discretion to exercise the authorities
provided in Executive Order 13694. Where appropriate, the Secretary
of the Treasury, in consultation with the Attorney General and the
Secretary of State, may exercise the authorities described in
Executive Order 13694 or other authorities in conjunction with the
Secretary of the Treasury's exercise of authorities provided in
this order.
(c) 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 date of this order.
Sec. 3. Following the transmission of the assessment mandated by
section 1(a) and the report mandated by section 1(b):
(a) the Secretary of the Treasury shall review the assessment
mandated by section 1(a) and the report mandated by section 1(b),
and, in consultation with the Secretary of State, the Attorney
General, and the Secretary of Homeland Security, impose all
appropriate sanctions pursuant to section 2(a) of this order and
any appropriate sanctions described in section 2(b) of this order;
and
(b) the Secretary of State and the Secretary of the Treasury, in
consultation with the heads of other appropriate agencies, shall
jointly prepare a recommendation for the President as to whether
additional sanctions against foreign persons may be appropriate in
response to the identified foreign interference and in light of the
evaluation in the report mandated by section 1(b) of this order,
including, as appropriate and consistent with applicable law,
proposed sanctions with respect to the largest business entities
licensed or domiciled in a country whose government authorized,
directed, sponsored, or supported election interference, including
at least one entity from each of the following sectors: financial
services, defense, energy, technology, and transportation (or, if
inapplicable to that country's largest business entities, sectors
of comparable strategic significance to that foreign government).
The recommendation shall include an assessment of the effect of the
recommended sanctions on the economic and national security
interests of the United States and its allies. Any recommended
sanctions shall be appropriately calibrated to the scope of the
foreign interference identified, and may include one or more of the
following with respect to each targeted foreign person:
(i) blocking and prohibiting all transactions in a person's
property and interests in property subject to United States
jurisdiction;
(ii) export license restrictions under any statute or regulation
that requires the prior review and approval of the United States
Government as a condition for the export or re-export of goods or
services;
(iii) prohibitions on United States financial institutions
making loans or providing credit to a person;
(iv) restrictions on transactions in foreign exchange in which a
person has any interest;
(v) prohibitions on transfers of credit or payments between
financial institutions, or by, through, or to any financial
institution, for the benefit of a person;
(vi) prohibitions on United States persons investing in or
purchasing equity or debt of a person;
(vii) exclusion of a person's alien corporate officers from the
United States;
(viii) imposition on a person's alien principal executive
officers of any of the sanctions described in this section; or
(ix) any other measures authorized by law.
Sec. 4. 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 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 2 of this order.
Sec. 5. The prohibitions in section 2 of this order include the
following:
(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. 6. I hereby find that the unrestricted immigrant and
nonimmigrant entry into the United States of aliens whose property
and interests in property are blocked pursuant to 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. 7. (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. 8. 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 (including a foreign
person) in the United States;
(d) the term “election infrastructure” means information and
communications technology and systems used by or on behalf of the
Federal Government or a State or local government in managing the
election process, including voter registration databases, voting
machines, voting tabulation equipment, and equipment for the secure
transmission of election results;
(e) the term “United States election” means any election for
Federal office held on, or after, the date of this order;
(f) the term “foreign interference,” with respect to an
election, includes any covert, fraudulent, deceptive, or unlawful
actions or attempted actions of a foreign government, or of any
person acting as an agent of or on behalf of a foreign government,
undertaken with the purpose or effect of influencing, undermining
confidence in, or altering the result or reported result of, the
election, or undermining public confidence in election processes or
institutions;
(g) the term “foreign government” means any national, state,
provincial, or other governing authority, any political party, or
any official of any governing authority or political party, in each
case of a country other than the United States;
(h) the term “covert,” with respect to an action or attempted
action, means characterized by an intent or apparent intent that
the role of aforeign government will not be apparent or
acknowledged publicly; and
(i) the term “State” means the several States or any of the
territories, dependencies, or possessions of the United States.
Sec. 9. 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 2 of
this order.
Sec. 10. Nothing in this order shall prohibit transactions for
the conduct of the official business of the United States
Government by employees, grantees, or contractors thereof.
Sec. 11. 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 re-delegate any of these
functions to other officers within the Department of the Treasury
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. 12. 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. 13. This order shall be implemented consistent with 50
U.S.C. 1702(b)(1) and (3).
Sec. 14. (a) Nothing in this order shall be construed to impair
or otherwise affect:
(i) the authority granted by law to an executive department or
agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management
and Budget relating to budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) 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.