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Executive Order 13848 Summary

Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election

Signed: September 12, 2018

President: Donald J. Trump

Legal Authority: International Emergency Economic Powers Act (IEEPA), National Emergencies Act (NEA), Immigration and Nationality Act

PURPOSE & NATIONAL EMERGENCY DECLARATION

Executive Order 13848 declares a national emergency to address the threat of foreign interference in U.S. elections. The order recognizes that foreign powers' ability to interfere in or undermine public confidence in U.S. elections constitutes an "unusual and extraordinary threat to the national security and foreign policy of the United States."

Key Finding: While no evidence existed of foreign powers altering election outcomes or vote tabulation, the proliferation of digital devices and internet-based communications has created significant vulnerabilities and magnified the scope of potential foreign interference threats.

MAIN PROVISIONS

Section 1: Assessment and Reporting Requirements

45-Day Intelligence Assessment:

•Director of National Intelligence must conduct assessment within 45 days after any U.S. election

•Must identify foreign interference, methods used, persons involved, and foreign governments responsible

•Assessment delivered to President, Secretary of State, Treasury, Defense, Attorney General, and Homeland Security

45-Day Follow-up Report:

•Attorney General and Secretary of Homeland Security must evaluate:

•Impact on election infrastructure security and integrity

•Effects on political organizations, campaigns, or candidates

•Material issues and recommended remedial actions

Framework Development:

•Within 30 days, key agencies must develop implementation framework

•Must maintain methodological consistency and protect intelligence sources

•Must ensure separation between intelligence functions and policy judgments

•Must insulate electoral protection efforts from political bias

Section 2: Sanctions Authority

Property Blocking: All property and interests in property of designated foreign persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt with.

Designation Criteria - Foreign persons determined to have:

1.Directly or indirectly engaged in, sponsored, concealed, or been complicit in foreign interference in a U.S. election

2.Materially assisted, sponsored, or provided support for interference activities or designated persons

3.Been owned or controlled by, or acted for designated persons

Relationship to Existing Orders: Maintains Executive Order 13694 (cyber sanctions) while providing additional authorities.

Section 3: Additional Sanctions Following Assessment

Treasury Review: Secretary of Treasury reviews intelligence assessments and reports, then imposes appropriate sanctions.

Sectoral Sanctions Recommendations: Secretary of State and Treasury may recommend additional sanctions targeting:

•Financial services

•Defense sector

•Energy sector

•Technology sector

•Transportation sector

•Other sectors of strategic significance

Specific Sanctions May Include:

•Blocking all transactions in person's property

•Export license restrictions

•Prohibitions on U.S. financial institution loans

•Foreign exchange transaction restrictions

•Credit transfer prohibitions

•Investment prohibitions

•Exclusion of alien corporate officers

•Imposition of sanctions on alien principal executive officers

•Other measures authorized by law

Section 4-6: Additional Prohibitions

Section 4: Prohibits donations that would impair ability to deal with the national emergency

Section 5: Prohibits contributions or provision of funds, goods, or services to/from blocked persons

Section 6: Suspends entry into the U.S. of aliens whose property is blocked under this order

Section 7-8: Enforcement and Definitions

Section 7: Prohibits evasion, avoidance, or conspiracy to violate the order

Section 8: Provides detailed definitions including:

•"Person" (individual or entity)

•"Entity" (partnership, association, trust, corporation, etc.)

•"United States person"

•"Election infrastructure" (voter registration databases, voting machines, tabulation equipment, etc.)

•"Foreign interference" (covert, fraudulent, deceptive, or unlawful actions to influence, undermine confidence, or alter election results)

•"Foreign government"

•"Covert" actions

Section 9-14: Implementation and Legal Provisions

Section 9: Addresses constitutional presence and asset transfer issues

Section 10: Clarifies this doesn't prohibit official U.S. Government business

Section 11: Authorizes Treasury Secretary to implement and delegate functions

Section 12: Requires recurring reports to Congress on the national emergency

Section 13: Ensures implementation consistent with existing law

Section 14: Standard legal disclaimers about not creating enforceable rights

KEY FEATURES

Automatic Trigger Mechanism

•Sanctions process automatically initiates after every U.S. election

•No need for separate presidential determination for each election cycle

Broad Scope

•Covers federal, state, tribal, and local elections

•Addresses both direct interference and confidence-undermining activities

•Includes election infrastructure and political organization targeting

Multi-Agency Coordination

•Involves intelligence community, law enforcement, and policy agencies

•Requires consultation and coordination across government

Graduated Response

•Allows for proportional sanctions based on scope and severity of interference

•Provides flexibility for targeted individual sanctions or broader sectoral measures

Deterrent Effect

•Establishes clear consequences for foreign election interference

•Creates framework for rapid response to future interference attempts

SIGNIFICANCE

Executive Order 13848 represents a comprehensive framework for deterring and responding to foreign interference in U.S. elections. It establishes:

1.Systematic Assessment Process: Regular post-election reviews to identify interference

2.Clear Consequences: Automatic sanctions for foreign interference

3.Broad Authority: Multiple types of sanctions and restrictions available

4.Deterrent Signal: Clear warning to foreign actors about consequences

5.Institutional Framework: Coordinated government-wide response mechanism

The order acknowledges the evolving nature of election security threats in the digital age while providing tools to protect electoral integrity and public confidence in democratic processes.