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EO 13694Executive OrderObama · D Quiet signal

Executive Order 13694

Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities

This executive order declares a national emergency over malicious cyber-enabled activities from abroad and authorizes the Treasury Secretary to block the property of and bar entry to foreign individuals and entities involved in significant cyberattacks on U.S. critical infrastructure, data theft, or commercial espionage. It establishes a sanctions framework targeting perpetrators, beneficiaries, and facilitators of such activities without requiring prior notice.

Federal Register Open PDF 80 FR 18077

Impact dates

  1. Recurring reports to Congress on national emergency

  2. Treasury to promulgate rules and regulations as necessary

Key directives

  • Block all property/interests of designated persons (Sec. 1)
  • Prohibit donations to designated persons (Sec. 2)
  • Prohibit contributions of funds/goods/services to/from designated persons (Sec. 3)
  • Suspend immigrant and nonimmigrant entry of designated persons (Sec. 4)
  • Prohibit evasion, avoidance, and conspiracy (Sec. 5)
  • Waive prior notice requirement for constitutional presence cases (Sec. 7)
  • Authorize Treasury to promulgate rules and regulations (Sec. 8)
  • Direct all agencies to take appropriate measures (Sec. 8)
  • Authorize Treasury to submit recurring and final reports to Congress (Sec. 9)

Who is ordered

Timeline

Immediate

  • National emergency declared effective April 1, 2015
  • Blocking authority and entry suspension take effect immediately
  • No prior notice required for designations

Near term (90d)

  • Treasury promulgation of implementing rules and regulations expected
  • Initial designations and SDN list additions likely
  • Interagency coordination mechanisms established

Long term

  • Ongoing sanctions enforcement and designations
  • Recurring congressional reports on national emergency
  • Precedent for cyber-focused sanctions authorities (expanded by subsequent EOs)

Risks & tensions

  • Attribution challenges: Determinations rely on interagency consultation but standards for 'reasonably likely' and 'materially contributed' leave discretion
  • Due process tension: No prior notice for designations justified by asset transfer speed, raising constitutional concerns for U.S.-connected persons
  • Scope ambiguity: 'Cyber-enabled activities' and 'critical infrastructure sector' definitions tethered to external documents (PPD-21) not reproduced in EO
  • Commercial competitive advantage standard in (a)(ii)(A) may sweep in behavior beyond traditional national security threats
  • Immigration suspension linkage to Proclamation 8693 creates layered legal complexity
Executive Order 13694: Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities · Executive Orders