Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious Cyber- Enabled Activities

Executive Order 13757 of December 28, 2016

Taking Additional Steps to Address the National
Emergency With Respect to 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), and section 301 of title 3, United States Code,

I, BARACK OBAMA, President of the United States of
America, in order to take additional steps to deal with
the national emergency with respect to significant
malicious cyber-enabled activities declared in
Executive Order 13694 of April 1, 2015, and in view of
the increasing use of such activities to undermine
democratic processes or institutions, hereby order:

Section 1. Section 1(a) of Executive Order 13694 is
hereby amended to read as follows:

    “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may not be transferred, paid, exported, withdrawn, or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) the persons listed in the Annex to this order;

(ii) 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;

(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

(E) tampering with, altering, or causing a misappropriation of
information with the purpose or effect of interfering with or undermining
election processes or institutions; and

(iii) 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 economy of
the United States;

(B) 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 subsections (a)(ii) or (a)(iii)(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)(ii) and (a)(iii)(A)-(C) of this section.”

Sec. 2. Executive Order 13694 is further amended by
adding as an Annex to Executive Order 13694 the Annex
to this order.

Sec. 3. Executive Order 13694 is further amended by
redesignating section 10 as section 11 and adding a new
section 10 to read as follows:

    “Sec. 10. The Secretary of the Treasury, in
consultation with the Attorney General and the
Secretary of State, is hereby authorized to determine
that circumstances no longer warrant the blocking of
the property and interests in property of a person
listed in the Annex to this order, and to take
necessary action to give effect to that
determination.”

Sec. 4. 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.

Sec. 5. This order is effective at 12:01 a.m. eastern
standard time on December 29, 2016.

    (Presidential Sig.)

 THE WHITE HOUSE,

     December 28, 2016.