Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities

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be transferred, paid, exported, withdrawn, or otherwise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.

    (Presidential Sig.)

THE WHITE HOUSE,

    April 1, 2015.