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EO 13606Executive OrderObama · D Quiet signal

Executive Order 13606

Blocking the Property and Suspending Entry Into the United States of Certain Persons With Respect to Grave Human Rights Abuses by the Governments of Iran and Syria via Information Technology

This executive order authorizes the U.S. government to block property and suspend entry into the United States of individuals and entities that provide information technology to Iran or Syria that facilitates computer or network disruption, monitoring, or tracking enabling serious human rights abuses. It expands existing national emergency authorities to target technology-related complicity in government repression.

Federal Register Open PDF 77 FR 24571

Impact dates

  1. Order effective at 12:01 a.m. eastern daylight time; property blocking and entry suspension take effect

Key directives

  • Block all property and interests in property of designated persons (Section 1)
  • Suspend entry into U.S. of designated persons as immigrants or nonimmigrants (Section 4)
  • Prohibit evasion, avoidance, or conspiracy to violate order (Section 5)
  • Authorize Treasury/State to designate persons operating IT facilitating human rights abuses (Section 1(a)(ii))
  • Authorize Treasury/State to delist persons when circumstances warrant (Section 10)
  • Exempt official U.S. government business transactions (Section 6)

Who is ordered

Timeline

Immediate

  • Property blocking effective April 23, 2012 at 12:01 a.m. EDT
  • Entry suspension takes effect immediately
  • No prior notice required for listings

Near term (90d)

  • Treasury/State designation of additional persons under criteria
  • Potential rules and regulations promulgation

Long term

  • Ongoing sanctions enforcement and designations
  • Potential delisting determinations under Section 10

Risks & tensions

  • Vague standard: 'likely to be used' and 'could assist in or enable' in Section 1(a)(ii)(A)-(B) creates broad discretion and potential overreach uncertainty
  • Tension between restricting technology flows and preserving 'global telecommunications supply chains' and free information flow noted in preamble
  • No prior notice requirement (Section 8) raises due process concerns for affected parties
  • Scope of 'information and communications technology' definition is extremely broad, covering any hardware/software enabling electronic communication
Executive Order 13606: Blocking the Property and Suspending Entry Into the United States of Certain Persons With Respect to Grave Human Rights Abuses by the Governments of Iran and Syria via Information Technology · Executive Orders