Executive Order Creates New Deterrent Framework

On September 12, 2018, President Trump signed Executive Order 13848, establishing a comprehensive sanctions framework specifically targeting foreign interference in United States elections. The order represents a significant expansion of executive authority to combat electoral interference, providing the Treasury Department with broad powers to impose economic penalties on foreign actors and their facilitators.

Broad Definition of Foreign Interference

The executive order defines "foreign interference" as any "covert, fraudulent, deceptive, or unlawful actions or attempted actions" by foreign governments or persons acting on their behalf with the purpose or effect of "influencing, undermining confidence in, or altering the result or reported result of, the election, or undermining public confidence in election processes or institutions."

Two-Tiered Sanctions Structure

The framework establishes a two-pronged approach allowing the Treasury Department to target both direct perpetrators of interference and their facilitators. The order grants authority to impose sanctions on foreign persons who have "directly or indirectly engaged in, sponsored, concealed, or otherwise been complicit in foreign interference in a United States election." Additionally, it targets those who have "materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of" such activities.

Automatic Review Process

The order mandates that within 45 days after any federal election, the Director of National Intelligence shall assess whether foreign interference occurred and deliver findings to the President, Attorney General, and Secretary of Homeland Security. This automatic review process ensures systematic evaluation of foreign interference attempts regardless of their perceived success or impact.

Interagency Coordination Mechanism

The executive order establishes formal coordination requirements between intelligence agencies, law enforcement, and sanctions authorities. The Attorney General and Secretary of Homeland Security are tasked with providing additional information and recommendations to the President within 45 days of receiving the intelligence assessment, creating a structured decision-making process for sanctions implementation.