Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists
Signed: January 20, 2025
Published: January 29, 2025
Document Number: 2025-02004
đSummary
This executive order sets up a fast-track process for the State Department to recommend designating certain international drug cartels and other transnational gangs (including Tren de Aragua and MS-13) as Foreign Terrorist Organizations and/or Specially Designated Global Terrorists, which can trigger terrorism-related sanctions and restrictions. It affects the targeted organizations and their members, as well as people and businesses that may provide them money, services, or other support, and it directs multiple federal agencies (State, Treasury, Justice, Homeland Security, and intelligence agencies) to coordinate on these designations. Within 14 days, the Secretary of State must consult with other agencies and make recommendations on which groups should be designated under these authorities. Also within 14 days, the Attorney General and the Secretary of Homeland Security must prepare operational plans and facilities in case the President decides to use the Alien Enemies Act to speed up detention and removal of certain individuals tied to a qualifying âinvasionâ or âpredatory incursionâ by a qualifying actor. The order declares a national emergency under economic powers law and states a policy goal of eliminating these organizationsâ presence and operational control affecting the United States.
đźBusiness Impact
This order will most affect businesses with crossâborder exposure to Mexico/Central/South Americaâbanks and fintech, money services businesses, importers/exporters, logistics and trucking, agriculture/food, construction/real estate, hospitality, and any company using foreign distributors, brokers, or cash-heavy counterpartiesâbecause cartel-linked entities may be designated as FTOs/SDGTs, triggering strict U.S. sanctions and âmaterial supportâ risk. Expect heightened compliance: stronger OFAC screening (including beneficial owners), enhanced due diligence on highârisk vendors/customers, tighter controls on cash payments and trade finance, and faster reporting/escalation of suspicious activity; thereâs also an opportunity for compliance, security, and supplyâchain firms to sell screening, KYC/EDD, and riskâmonitoring services. Immediate actions: map and risk-rank your counterparties and routes (especially border-adjacent and highârisk geographies), re-screen all vendors/customers against OFAC lists as designations roll out, update contracts to include sanctions/terrorism representations and audit/termination rights, and brief finance/procurement/logistics teams on red flags and escalation procedures (and consult counsel if you operate in areas where
Full Text
Executive Order 14157 of January 20, 2025
Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., the International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1701 et seq. it is hereby ordered:
Section 1 . Purpose. This order creates a process by which certain international cartels (the Cartels) and other organizations will be designated as Foreign Terrorist Organizations, consistent with section 219 of the INA (8 U.S.C. 1189), or Specially Designated Global Terrorists, consistent with IEEPA (50 U.S.C. 1702) and Executive Order 13224 of September 23, 2001 (Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), as amended.
(a) International cartels constitute a national-security threat beyond that posed by traditional organized crime, with activities encompassing:
(i) convergence between themselves and a range of extra-hemispheric actors, from designated foreign-terror organizations to antagonistic foreign governments;
(ii) complex adaptive systems, characteristic of entities engaged in insurgency and asymmetric warfare; and
(iii) infiltration into foreign governments across the Western Hemisphere.
The Cartels have engaged in a campaign of violence and terror throughout the Western Hemisphere that has not only destabilized countries with significant importance for our national interests but also flooded the United States with deadly drugs, violent criminals, and vicious gangs.
The Cartels functionally control, through a campaign of assassination, terror, rape, and brute force nearly all illegal traffic across the southern border of the United States. In certain portions of Mexico, they function as quasi-governmental entities, controlling nearly all aspects of society. The Cartels' activities threaten the safety of the American people, the security of the United States, and the stability of the international order in the Western Hemisphere. Their activities, proximity to, and incursions into the physical territory of the United States pose an unacceptable national security risk to the United States.
(b) Other transnational organizations, such as Tren de Aragua (TdA) and La Mara Salvatrucha (MS-13) pose similar threats to the United States. Their campaigns of violence and terror in the United States and internationally are extraordinarily violent, vicious, and similarly threaten the stability of the international order in the Western Hemisphere.
(c) The Cartels and other transnational organizations, such as TdA and MS-13, operate both within and outside the United States. They present an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency, under IEEPA, to deal with those threats.
Sec. 2 . Policy. It is the policy of the United States to ensure the total elimination of these organizations' presence in the United States and their ability to threaten the territory, safety, and security of the United States ( printed page 8440) through their extraterritorial command-and-control structures, thereby protecting the American people and the territorial integrity of the United States.
Sec. 3 . Implementation. (a) Within 14 days of the date of this order, the Secretary of State shall take all appropriate action, in consultation with the Secretary of the Treasury, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, to make a recommendation regarding the designation of any cartel or other organization described in section 1 of this order as a Foreign Terrorist Organization consistent with 8 U.S.C. 1189 and/or a Specially Designated Global Terrorist consistent with 50 U.S.C. 1702 and Executive Order 13224.
(b) Within 14 days of the date of this order, the Attorney General and the Secretary of Homeland Security shall take all appropriate action, in consultation with the Secretary of State, to make operational preparations regarding the implementation of any decision I make to invoke the Alien Enemies Act, 50 U.S.C. 21 et seq., in relation to the existence of any qualifying invasion or predatory incursion against the territory of the United States by a qualifying actor, and to prepare such facilities as necessary to expedite the removal of those who may be designated under this order.
Sec. 4 . 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.
(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.
