Enforcing Federal Law With Respect to Transnational Criminal Organizations and Preventing International Trafficking

Executive Order 13773 of February 9, 2017

Enforcing Federal Law With Respect to
Transnational Criminal Organizations and Preventing
International Trafficking

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Purpose. Transnational criminal
organizations and subsidiary organizations, including
transnational drug cartels, have spread throughout the
Nation, threatening the safety of the United States and
its citizens. These organizations derive revenue
through widespread illegal conduct, including acts of
violence and abuse that exhibit a wanton disregard for
human life. They, for example, have been known to
commit brutal murders, rapes, and other barbaric acts.

These groups are drivers of crime, corruption,
violence, and misery. In particular, the trafficking by
cartels of controlled substances has triggered a
resurgence in deadly drug abuse and a corresponding
rise in violent crime related to drugs. Likewise, the
trafficking and smuggling of human beings by
transnational criminal groups risks creating a
humanitarian crisis. These crimes, along with many
others, are enriching and empowering these
organizations to the detriment of the American people.

A comprehensive and decisive approach is required to
dismantle these organized crime syndicates and restore
safety for the American people.

Sec. 2. Policy. It shall be the policy of the executive
branch to:

    (a) strengthen enforcement of Federal law in order
to thwart transnational criminal organizations and
subsidiary organizations, including criminal gangs,
cartels, racketeering organizations, and other groups
engaged in illicit activities that present a threat to
public safety and national security and that are
related to, for example:

(i) the illegal smuggling and trafficking of humans, drugs or other
substances, wildlife, and weapons;

(ii) corruption, cybercrime, fraud, financial crimes, and intellectual-
property theft; or

(iii) the illegal concealment or transfer of proceeds derived from such
illicit activities.

    (b) ensure that Federal law enforcement agencies
give a high priority and devote sufficient resources to
efforts to identify, interdict, disrupt, and dismantle
transnational criminal organizations and subsidiary
organizations, including through the investigation,
apprehension, and prosecution of members of such
organizations, the extradition of members of such
organizations to face justice in the United States and,
where appropriate and to the extent permitted by law,
the swift removal from the United States of foreign
nationals who are members of such organizations;
    (c) maximize the extent to which all Federal
agencies share information and coordinate with Federal
law enforcement agencies, as permitted by law, in order
to identify, interdict, and dismantle transnational
criminal organizations and subsidiary organizations;

    (d) enhance cooperation with foreign counterparts
against transnational criminal organizations and
subsidiary organizations, including, where appropriate
and permitted by law, through sharing of intelligence
and law enforcement information and through increased
security sector assistance to foreign partners by the
Attorney General and the Secretary of Homeland
Security;
    (e) develop strategies, under the guidance of the
Secretary of State, the Attorney General, and the
Secretary of Homeland Security, to maximize
coordination among agencies--such as through the
Organized Crime Drug Enforcement Task Forces (OCDETF),
Special Operations Division, the OCDETF Fusion Center,
and the International Organized Crime Intelligence and
Operations Center--to counter the crimes described in
subsection (a) of this section, consistent with
applicable Federal law; and
    (f) pursue and support additional efforts to
prevent the operational success of transnational
criminal organizations and subsidiary organizations
within and beyond the United States, to include
prosecution of ancillary criminal offenses, such as
immigration fraud and visa fraud, and the seizure of
the implements of such organizations and forfeiture of
the proceeds of their criminal activity.

Sec. 3. Implementation. In furtherance of the policy
set forth in section 2 of this order, the Secretary of
State, the Attorney General, the Secretary of Homeland
Security, and the Director of National Intelligence, or
their designees, shall co-chair and direct the existing
interagency Threat Mitigation Working Group (TMWG),
which shall:

    (a) work to support and improve the coordination of
Federal agencies' efforts to identify, interdict,
investigate, prosecute, and dismantle transnational
criminal organizations and subsidiary organizations
within and beyond the United States;
    (b) work to improve Federal agencies' provision,
collection, reporting, and sharing of, and access to,
data relevant to Federal efforts against transnational
criminal organizations and subsidiary organizations;
    (c) work to increase intelligence and law
enforcement information sharing with foreign partners
battling transnational criminal organizations and
subsidiary organizations, and to enhance international
operational capabilities and cooperation;
    (d) assess Federal agencies' allocation of monetary
and personnel resources for identifying, interdicting,
and dismantling transnational criminal organizations
and subsidiary organizations, as well as any resources
that should be redirected toward these efforts;
    (e) identify Federal agencies' practices, any
absence of practices, and funding needs that might
hinder Federal efforts to effectively combat
transnational criminal organizations and subsidiary
organizations;
    (f) review relevant Federal laws to determine
existing ways in which to identify, interdict, and
disrupt the activity of transnational criminal
organizations and subsidiary organizations, and
ascertain which statutory authorities, including
provisions under the Immigration and Nationality Act,
could be better enforced or amended to prevent foreign
members of these organizations or their associates from
obtaining entry into the United States and from
exploiting the United States immigration system;
    (g) in the interest of transparency and public
safety, and in compliance with all applicable law,
including the Privacy Act, issue reports at least once
per quarter detailing convictions in the United States
relating to transnational criminal organizations and
their subsidiaries;
    (h) to the extent deemed useful by the Co-Chairs,
and in their discretion, identify methods for Federal
agencies to coordinate, as permitted by law, with
State, tribal, and local governments and law
enforcement agencies, foreign law enforcement partners,
public-health organizations, and non-governmental
organizations in order to aid in the identification,
interdiction,

and dismantling of transnational criminal organizations
and subsidiary organizations;
    (i) to the extent deemed useful by the Co-Chairs,
and in their discretion, consult with the Office of
National Drug Control Policy in implementing this
order; and
    (j) within 120 days of the date of this order,
submit to the President a report on transnational
criminal organizations and subsidiary organizations,
including the extent of penetration of such
organizations into the United States, and issue
additional reports annually thereafter to describe the
progress made in combating these criminal
organizations, along with any recommended actions for
dismantling them.

Sec. 4. General Provisions. (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.

    (Presidential Sig.)

THE WHITE HOUSE,

    February 9, 2017.