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EO 13863Executive OrderTrump 45 · R

Executive Order 13863

Taking Additional Steps to Address the National Emergency With Respect to Significant Transnational Criminal Organizations

This executive order amends the definition of 'significant transnational criminal organization' in Executive Order 13581, removing a previous requirement that such organizations must operate primarily outside the United States. The new definition broadens the scope to include any group with foreign persons that engages in serious criminal activity across international jurisdictions and threatens U.S. national security, foreign policy, or economy.

Federal Register Open PDF 84 FR 10255

Key directives

  • Amend subsection (e) of section 3 of Executive Order 13581 to remove 'primarily operates outside the United States' requirement
  • Expand definition to cover any group with foreign persons engaging in serious cross-border criminal activity threatening U.S. interests

Timeline

Immediate

  • Revised definition takes effect upon signing; no additional implementation steps required

Near term (90d)

  • Potential increase in sanctions designations by Treasury/OFAC using broader criteria

Long term

  • Expanded precedent for extraterritorial application of U.S. sanctions and criminal organization authorities

Risks & tensions

  • Vague scope: 'threatens the national security, foreign policy, or economy' provides wide discretionary authority without definitional boundaries
  • Potential for overreach: removing 'primarily operates outside the U.S.' could theoretically subject more domestic-adjacent entities to sanctions
  • No procedural safeguards or review mechanisms specified in amendment
Executive Order 13863: Taking Additional Steps to Address the National Emergency With Respect to Significant Transnational Criminal Organizations · Executive Orders