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

This executive order amends Executive Order 13694 to expand sanctions authority against malicious cyber-enabled activities, specifically adding interference with election processes or institutions as a sanctionable activity and adding designated entities to an annex. It also creates a mechanism for the Treasury Secretary to remove persons from the sanctions list.

Federal Register Open PDF 82 FR 1

Impact dates

Dec 29, 2016
EO effective at 12:01 a.m. eastern standard time

Key directives

Amend EO 13694 Section 1(a) to expand blocking authority to cover election interference and additional trade secret theft scenarios
Add Annex to EO 13694 with specific designated persons
Add Section 10 to EO 13694 authorizing Treasury Secretary to delist Annex persons with AG and State consultation
Effective 12:01 a.m. EST December 29, 2016

Who is ordered

Timeline

Immediate

EO effective December 29, 2016 at 12:01 a.m. EST
Property blocking authority expanded
Annex designations take effect

Near term (90d)

Treasury/State/Justice implementation of expanded sanctions criteria
Potential additional designations under new election interference criterion

Long term

Enduring sanctions framework for cyber activities
Precedent for election-focused sanctions authority

Risks & tensions

Annex entities not published in this text—specific designations unknown without separate OFAC release
Election interference criterion (E) is broadly phrased; 'tampering with, altering, or causing a misappropriation of information' lacks definitional boundaries
Delisting authority (new Section 10) concentrated in Treasury Secretary with consultation but not concurrence of AG/State—potential interagency tension
Extraterritorial reach ('substantial part outside US') may generate foreign government pushback
Trade secrets provision (iii)(A) creates compliance burden for US companies acquiring technology from foreign sources