On December 29, 2016, the President issued an Executive Order, “Taking Additional Steps To Address The National Emergency With Respect To Significant Malicious Cyber-Enabled Activities.” This amended Executive Order (EO) 13694, “Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities,” increasing its scope to allow for the “imposition of sanctions on individuals and entities determined to be responsible for tampering, altering, or causing the misappropriation of information with the purpose or effect of interfering with or undermining election processes or institutions.”

Sanctioned under the amended EO were six Russian individuals and five entities, including Russia’s Federal Security Service (a.k.a. the FSB), its Main Intelligence Directorate (a.k.a. the GRU), and four persons linked to the GRU. Additionally, the President expelled 35 suspected Russian spies from the U.S.

On January 6, 2017, after briefing both President Obama and President-elect Trump, U.S. intelligence officials released a declassified version of its report, “Assessing Russian Intentions and Activities in Recent US Elections: The Analytic Process and Cyber Incident Attribution.”

Interference in EU Member States’ National Elections in 2017?

The developments in the U.S. have sparked fears of Russian interference in the French presidential election this spring and, perhaps more importantly, in the German general election in the fall of this year. In France, the two leading candidates on the right, François Fillion of the Republican Party and Marine Le Pen of the National Front, are both clearly supportive of closer ties with Russia.

The election of either may lead to the unraveling of the EU consensus on maintaining sanctions and a tough overall stance against Russia. German Chancellor Angela Merkel has been instrumental in ensuring this EU consensus, such that Russia may stand to gain most if her bid for re-election were unsuccessful. Accordingly, German security services are reported to monitor closely the danger of Russia trying to turn a European election.

For more information, contact: Carlton Greene, Cari Stinebower, Charles De Jager, Dj Wolff

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Photo of Carlton Greene Carlton Greene

Carlton Greene is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s International Trade and White Collar & Regulatory Enforcement groups. He provides strategic advice to clients on U.S. economic sanctions, Bank Secrecy Act and anti-money laundering…

Carlton Greene is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s International Trade and White Collar & Regulatory Enforcement groups. He provides strategic advice to clients on U.S. economic sanctions, Bank Secrecy Act and anti-money laundering (AML) laws and regulations, export controls, and anti-corruption/anti-bribery laws and regulations. Carlton is the former chief counsel at FinCEN (the Financial Crimes Enforcement Network), the U.S. AML regulator responsible for administering the Bank Secrecy Act.

Photo of Dj Wolff Dj Wolff

David (Dj) Wolff is the co-chair of Crowell & Moring’s International Trade Group and a director with C&M International, the firm’s trade policy affiliate.

At Crowell & Moring, he serves on the steering committee for the International Trade Group, where his practice focuses

David (Dj) Wolff is the co-chair of Crowell & Moring’s International Trade Group and a director with C&M International, the firm’s trade policy affiliate.

At Crowell & Moring, he serves on the steering committee for the International Trade Group, where his practice focuses on all aspects of compliance with U.S. economic sanctions, including day-to-day compliance guidance, developing compliance programs, responding to government inquiries, conducting internal investigations, and representation during civil and criminal enforcement proceedings. Dj works regularly with non-U.S. clients, both in Europe and Asia, to evaluate the jurisdictional reach of U.S. sanction authorities to their global operations, identify and manage the potential conflict of laws that can result from that reach, as well as to support client’s design, implementation, and evaluation of a corresponding risk-based sanctions compliance program. Dj also regularly leads teams in diligence efforts on trade and related regulatory areas on behalf of his U.S. and non-U.S. clients in the M&A arena, having successfully closed more than 30 deals with an aggregate valuation of several billion dollars over the last 18 months.

Dj is ranked by Chambers USA in International Trade: Export Controls & Economic Sanctions. He has previously been recognized by Law360 as a Rising Star in International Trade (2020), by The National Law Journal as a “DC Rising Star” (2019), by Who’s Who Legal: Investigations as a “Future Leader” (2018 and 2019), Acritas Star as an Acritas Stars Independently Rated Lawyers (2019), by Global Investigations Review as one of the “40 under 40” in Investigations internationally (2017), and WorldECR as one of the five finalists for the WorldECR Young Practitioner of the Year award (2016).