Periodic RepoJ'f on the National Emergency
fVith Respect to Significan!Jl1alicious CyberwE17(tbled Activities
I hereby report to the Congress on developments and expenditures relating to the national
emergency declared in Executive Order 13694 of Aprill, 2015, which blocks the property of
certain persons engaging in significant malicious cyber-enabled activities. This repm1 covers
actions taken in the exercise of national emergency authorities, pursuant to section 204(c) of the
Internatiot1al Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1703(c), and expenses that
are directly attributable to the exercise of those authorities, pursl1ant to section 401(c) ofthe
National Emergencies Act (NEA), 50 U.S.C. 1641(c).

IEEPARepoliing (from April!, 2015, thmugh September 9, 2015)

1.

On Aprill, 2015, President Obama signed Executive Order

13694~

"Blocking the

Property of Ce1tain Petsons Engaging .in Significant Malicious Cyber-Enabled Activities" (80
Fed. Reg. 18077, April2, 2015) (E.O. 13694). In E.O. 13694, the President fmmd that the
increasing prevalence and se_verity of malicious cyber-enabled activities originating from, or
directed by persons located, in whole or in substantial part, O\ttside the United States constitute
an mmsual and extraordinary threat to the national secmity, foreign policy, and economy of the
United States.
To deal with this threat, the President declared a national emergency and ordered the
blocking of all property and interests in property that are in the United States, that hereafter come
within the United States, or that are Ol' hereafter come within the possession or control of any
United States person, of any person determined by the Secretary of the Treasury, in consultation
with the Attomey General and the Secretary of State, to meet any of the criteria set forth ht
subsectionl(a) ofE.O. 13694.
In addition, section 4 ofE.O. 13694 suspends the entry into the United States, as

immigrants or nonimmigrants, of such aliens determined to meet one or more of the criteria in
subsection l(a) ofE.O. 13694. A copy ofE.O. 13694 is attached to this report.
2.

N~

entities or individuals have been designated Pllrsuant to E.O. 13694. As a

result, the Department of the Treasury's Office of Foreign Assets Control (OFAC) took no
licensing actions, which may take the form of specific licenses, license amendments, "returnwithout-action" letters, general information letters, interpretive guidance letters, denial letters,

 closed without determination letters, or withdrawals, involving E.O. 13694, nor assessed any
civil monetary penalty for a violation ofE.O. 13694.
3.

OFAC continues to respond to public inquiries regarding this program during its

numerous outreach events to the financial, securities, and international trade comnmnities.
Details ofthis program are available on the Department of the Treasury's website.

NEA Reporting (from Aprill. 2015, through October 1. 2015)
4.

The expenses incurred by the federal govemment that m·e directly attl'ibutable to the

" exercise of powers and authorities conferred by the declaration of a national emergency with respect
to significant malicious cyber~enablcd activities are repotied to be approximately $760,000, most of
which represent wage and salary costs for federal persatmel. Persotmel costs were largely centered
in the Depaliment of the Treasury (particularly in OFAC and the Office of the General Cmmsel), the
Department of State, an.d the Depat1ment of Justice.

I shall continue to report periodically to the Congress on significant developments as
required by law.

JacobJ. Lew
Department of the Treasury
Dated: October 1 , 201 5

2

 Federal R.egister/Vol. 80, No. 53/Thursday, April 2, 2015/Presidential Documents

18077

Presidential Documents

Executive Order 13094 of April 1, 2015

Blocking the Property of Certain Persons Engaging in Signifi·
cant Malicious Cyber~Enabled Activities
By the authotity 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 NaHonal Emergencies Act (50 U.S.C. 1601 et seq.) {NEA), saclion 212(f) of tl1e Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(1)), 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 nallonal 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 properly 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 otbenvise 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, cyberenabled 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 provJsion 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 cornputere; 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 tho United States;

 18078

Federal Regislel:'/Vol. 80, No. 63/Timrsday, April 2, 2015/Presldential Documents
(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 properly and interests in property are blocked pursuant
to this order;
_
(C) to be owned or controlled by, or to havo 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 lyP.e of
articles specified in section 203(b)(2) of lEEPA (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 secUon 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
properly 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 l.(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 nonlmmigrants, 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 ord~r:
(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 "cl'itical infrastructure sector" means any of the designated
critical infrastructure sectors identified in Presidential Policy Directive 21:
and
·
{a) the term "misappropriatimi'; includes any taking or obtaining by improper means, without permissio11 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

 Federal Register /Vol. 80, No. 53/Thursday, April 2, 2015 /Presidential Documents

18079

in the United States, I find that because of tho 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 listjng 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 end 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. D. The Secretary of Ute 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 de·
clared in this order, consistent with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) ofillEPA (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.

THE WHITE HOUSE,
April 1, 2015.
[FR Dec. 2015-07788

Flied 4-1-lli; tl:Jii am)
Billing code 3295-FI\

 DEPARTMENT OF THE TREASURY
WASHINGTON, D.C. 20220

May 12,2016
Re: 2016-01-019 and 2016-03-067

Mr. Steven Aftergood
Federation of American Scientists
1725 DeSales Street NW, Suite 600
Washington, DC 20036
Dear Mr. Aftergood:
This is the final response to your Freedom oflnformation Act (FOIA) requests to the U.S.
Department of the Treasury, dated January 12,2016 and March 11, 2016. You have requested
access to the following records:
1. The latest six-month periodic report to Congress form the Secretary of the Treasury on
the national emergency with respect to North Korea that was declared in Executive Order
13687 of January 2, 2015, and
2. The latest six-month periodic report to Congress from the Secretary of the Treasury on
the national emergency with respect to signicant malicious cyber-enabled activities that
was declared in Executive Order 13694 of April!, 2015.
Your request has been processed under the provisions of the FOIA, 5 U.S.C. § 552. A search
conducted within the Treasury Departmental Offices located 11 responsive pages. After review
of those documents, I have determined that they will be released in their entirety. The
documents are enclosed, no exemptions have been claimed.
If you are dissatisfied with my action on your request, you may appeal within 35 days of the date
of this letter. Your appeal must be in writing, signed by you or your representative, and should
contain the rationale for the appeal. Your appeal should be addressed to:
Freedom of Information Act Appeal
Privacy, Transparency, and Records
Department of the Treasury
Washington, D.C. 20220
The Office of Government Information Services (OGIS) also mediates disputes between FOIA
requesters and Federal agencies as a non-exclusive alternative to litigation. If you wish to
contact OGIS, you may email them at ogis@nara.gov or calll-877-684-6448.
Sincerely,

~

Digitally signed by Ryan A. Law
ON: c=US, o=U5. Government,
ou=Department of the Treasury,

ou=Oepartmental Offices, ou=People,
seria1Number=716338, cn=Ryan A. Law
Date:2016.05.1210:44:18-D4'00'

Ryan Law
Director, FOIA and Transparency