Presidential DocumentExecutive Order 140602021-27605
Establishing the United States Council on Transnational Organized Crime
Primary source
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Published
December 20, 2021
Signed
December 15, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 241 (Monday, December 20, 2021)</title>
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[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Presidential Documents]
[Pages 71793-71796]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27605]
Presidential Documents
Federal Register / Vol. 86 , No. 241 / Monday, December 20, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 71793]]
Executive Order 14060 of December 15, 2021
Establishing the United States Council on
Transnational Organized Crime
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, I hereby order as follows:
Section 1. Purpose. Transnational organized crime (TOC)
poses a direct and escalating threat to public health,
public safety, and national security. Transnational
criminal organizations engage in a broad range of
criminal activities, including drug and weapons
trafficking, migrant smuggling, human trafficking,
cybercrime, intellectual property theft, money
laundering, wildlife and timber trafficking, illegal
fishing, and illegal mining.
These networks continue to expand in size and influence
in the United States and abroad. Transnational criminal
organizations contribute directly to tens of thousands
of drug-overdose deaths in the United States each year
and adversely affect American communities and economic
prosperity. They also threaten United States national
security by degrading the security and stability of
allied and partner nations, undermining the rule of
law, fostering corruption, acting as proxies for
hostile state activities, directly or indirectly
funding insurgent and terrorist groups, depleting
natural resources, harming human health and the
environment, contributing to climate change through
illegal deforestation and logging, and exploiting and
endangering vulnerable populations. In some regions,
transnational criminal organizations wield state-like
capabilities, disregarding sovereign borders,
compromising the integrity of democratic institutions
and threatening the legitimacy of fragile governments,
and securing their power through intimidation,
corruption, and violence. For these reasons, it is in
the national interest of the United States to counter
TOC. Addressing TOC requires a coordinated Federal
framework accompanied by a cohesive whole-of-government
effort executed in collaboration with State, local,
Tribal, territorial, and civil society partners in the
United States and in close coordination with foreign
partners, international and regional organizations, and
international and local civil society groups abroad.
Sec. 2. Policy. Executive departments and agencies
(agencies) shall take actions within their respective
authorities, including, as appropriate, through the
provision of technical and financial assistance, to
enhance efforts to counter TOC. It is the policy of the
United States to:
(a) employ authorized intelligence and operational
capabilities in an integrated manner to target,
disrupt, and degrade transnational criminal
organizations that pose the greatest threat to national
security;
(b) collaborate with private entities and
international, multilateral, and bilateral
organizations to combat TOC, while also strengthening
cooperation with and advancing efforts to build
capacity in partner nations to reduce transnational
criminal activity;
(c) improve information sharing between law
enforcement entities and the Intelligence Community to
enhance strategic analysis of, and efforts to combat,
transnational criminal organizations and their
activities, while also preserving our ability to
speedily bring TOC actors to justice;
(d) expand tools and capabilities to combat illicit
finance, which underpins all TOC activities; and
[[Page 71794]]
(e) develop and deploy new technologies to identify
and disrupt existing and newly emerging TOC threats.
Sec. 3. Establishments. (a) There shall be established
a United States Council on Transnational Organized
Crime (USCTOC), which shall report to the President
through the Assistant to the President for National
Security Affairs. The USCTOC shall monitor the
production and implementation of coordinated strategic
plans for whole-of-government counter-TOC efforts in
support of and in alignment with policy priorities
established by the President through the National
Security Council.
(i) The USCTOC shall replace the Threat Mitigation Working Group,
previously directed to lead whole-of-government efforts on TOC under
Executive Order 13773 of February 9, 2017 (Enforcing Federal Law With
Respect to Transnational Criminal Organizations and Preventing
International Trafficking). Accordingly, section 3 of Executive Order 13773
is hereby revoked.
(ii) The USCTOC shall consist of the following members or their designees:
(A) the Secretary of State;
(B) the Secretary of the Treasury;
(C) the Secretary of Defense;
(D) the Attorney General;
(E) the Secretary of Homeland Security; and
(F) the Director of National Intelligence.
(iii) The USCTOC may request other agencies to contribute to the USCTOC's
efforts as necessary, including by detail or assignment of personnel
consistent with subsection (b)(v) of this section.
(iv) The USCTOC shall meet not later than 60 days from the date of this
order and periodically thereafter.
(b) There shall be established a USCTOC Strategic
Division (Division), an interagency working group
housed at the Department of Justice, comprising
personnel from agencies designated in subsection
(a)(ii) of this section.
(i) The Division shall produce coordinated strategic plans for whole-of-
government counter-TOC efforts in support of and in alignment with policy
priorities established by the President through the National Security
Council. These strategic plans shall be informed by intelligence
assessments, be developed in coordination with agencies, and include
recommendations for actions by agencies. The Division shall submit its
completed strategic plans to the USCTOC.
(ii) The Division shall be chaired by a senior official from the Department
of Justice or the Department of Homeland Security. The Chairperson shall
serve a 2 year term. The Attorney General and the Secretary of Homeland
Security, or their designees, shall alternate every 2 years selecting the
Chairperson.
(iii) The Division shall be established for administrative purposes within
the Department of Justice, and the Department of Justice shall, to the
extent permitted by law and subject to the availability of appropriations,
provide administrative support and funding for the Division.
(iv) Agencies designated in subsection (a)(ii) of this section are hereby
directed, consistent with their authorities, budget priorities, and mission
constraints, and to the extent permitted by law and consistent with the
need to protect intelligence and law enforcement sources, methods,
operations, and investigations, to provide to the Division:
(A) details or assignments of personnel, who shall be qualified subject-
matter experts and strategic planners, and who shall serve on full-time
assignments of not less than 1 year;
(B) relevant information, research, intelligence, and analysis; and
[[Page 71795]]
(C) such other resources and assistance as the Division may request for
the purpose of carrying out the responsibilities outlined in this section.
(v) To the extent permitted by law, agencies designated in subsection
(a)(ii) of this section are encouraged to detail or assign their employees
to the Division on a non-reimbursable basis.
(vi) The Division, within 120 days of the date of this order, shall submit
to the USCTOC a report describing a process that the USCTOC can implement
on an ongoing basis and as necessary to identify and prioritize the most
significant TOC threats in alignment with policy priorities established by
the President through the National Security Council.
Sec. 4. Report. The Director of National Intelligence,
within 120 days of the date of this order and annually
thereafter, shall submit a report to the President
through the Assistant to the President for National
Security Affairs assessing the Intelligence Community's
posture with respect to TOC-related collection efforts,
including recommendations on resource allocation and
prioritization.
Sec. 5. Definitions. For the purposes of this order:
(a) the term ``Intelligence Community'' has the
meaning ascribed to it under 50 U.S.C. 3003(4); and
(b) the term ``transnational criminal
organizations'' refers to groups, networks, and
associated individuals who operate transnationally for
the purpose of obtaining power, influence, or monetary
or commercial gain, wholly or in part by illegal means,
while advancing their activities through a pattern of
crime, corruption, or violence, and while protecting
their illegal activities through a transnational
organizational structure and the exploitation of public
corruption or transnational logistics, financial, or
communication mechanisms.
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
[[Page 71796]]
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
THE WHITE HOUSE,
December 15, 2021.
[FR Doc. 2021-27605
Filed 12-17-21; 8:45 am]
Billing code 3395-F2-P
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