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South Carolina governor orders closure of non-essential businesses
On March 31, South Carolina Governor Henry McMaster signed an executive order closing non-essential businesses and public venues. McMaster’s order gave the South Carolina Department of Commerce the ability to review and designate essential businesses in the state, and where necessary, consult with the state attorney general for further clarification. The order followed a declared state of emergency announced by McMaster on March 13.
Arkansas governor issues executive order suspending certain notarization requirements
On March 30, the Arkansas governor issued an executive order suspending certain provisions of the Arkansas Code regarding notaries public for the duration of the emergency. The executive order permits an official signature or seal of a notarial certificate or seal to be executed when the principal or signer is present remotely. It also suspends provisions requiring electronic notaries public when a notary public is an Arkansas-licensed attorney, Arkansas-licensed title agent, or is employed by a financial institution registered with the Arkansas State Bank Department and the document signer or witness is present via real-time audio and visual means.
Montana governor issues executive order prohibiting evictions, foreclosures, and utility and internet cancellation
On March 30, Montana Governor Steve Bullock issued an executive order prohibiting residential foreclosures, evictions, and utility and internet service cancellations. In addition, no borrower may be reported to a credit bureau for failure to pay for the duration of the directive. Citing the requirement for residents to stay at home, Bullock provided that having habitable homes that possess the ability to communicate externally via phone and internet services are paramount to public health and human safety. The directive went into effect immediately and limits the foregoing actions through April 10.
Colorado issues executive order limiting evictions and foreclosures
On March 20, the Colorado Governor issued an executive order limiting evictions and foreclosures because of Covid-19. The order requests that $3,000,000 from the Disaster Emergency Fund be made available to the Department of Local Affairs to provide short-term rental and mortgage assistance to low-income households facing financial hardship due to Covid-19. Among other things, the order also directs the Department of Regulatory Agencies (DORA), through the Divisions of Banking and Financial Services, to take steps to encourage banks, credit unions, and other financial institutions that are holding residential or commercial mortgages to halt foreclosures and related evictions in connection with the Covid-19 pandemic. DORA is further directed to encourage financial institutions to provide a 90-day deferment of payment for all consumer loans (e.g., residential and commercial mortgages, refinances, auto loans, small business loans). While some provisions of the order are effective for six months from the date of issuance, most provisions expire within 30 days from March 20, 2020, unless extended by executive order.
Colorado issues executive order and public health order requiring in-person workforce reduction of nonessential businesses
On March 22, the Colorado Governor issued an executive order requiring Colorado employers to reduce in-person work requirements by 50 percent for non-critical workplaces due to the presence of Covid-19. A public health order issued by the Colorado Department of Public Health and Environment subsequently that detailed the critical businesses that may continue to operate as normal. “Critical businesses” include financial institutions such as banks, credit institutions, insurance, payroll and accounting services, and services related to financial markets. The orders are effective through April 10, 2020, unless rescinded or modified.
Vermont governor issues “stay home/stay safe” order
On March 25, Governor Scott issued an executive order directing all citizens to stay at home, leaving only for essential reasons. All businesses and not-for-profit entities must suspend in-person business operations, with limited exceptions, and are encouraged to develop on-line, telephone and web-based strategies. Banks and financial institutions are considered essential, but the order limits routine retail banking operations to transactions conducted through automated teller machines, drive-through services and online and telephone services order . The order is effective on March 25 at 5pm ET, and is in place until April 15.
OFAC targets Singaporean persons for assisting North Korea in evading U.S. sanctions
On October 25, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced that it made three additions to the Specially Designated Nationals (SDNs) List pursuant to Executive Order 13551, which empowers the United States to block the property of certain persons with respect to North Korea. OFAC said the decision was designed to reinforce the U.S.’s ongoing “commitment to safeguard the international financial system and implement existing UN Security Council [ ] resolutions.” OFAC’s additions identify one Singaporean individual and two Singapore-based entities found to have helped North Korea evade U.S. sanctions—either directly or indirectly—by allegedly engaging in money laundering, counterfeiting goods or currency, smuggling bulk cash, trafficking narcotics, or engaging in other forms of illicit economic activity involving or supporting the North Korean government or any senior official. As a result, all assets belonging to the identified individual and entities subject to U.S. jurisdiction are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
In a related action, the DOJ unsealed a federal indictment against the Singaporean individual who was charged with fulfilling millions of dollars in commodities contracts for North Korea and defrauding several financial institutions in hiding those illicit transactions using international front companies, including entities previously identified as SDNs for supporting the North Korean regime’s illicit activities. The indictment’s charges include conspiracies to (i) violate international sanctions; (ii) commit bank fraud; (iii) commit money laundering; and (iv) defraud the U.S. The charges also include counts of bank fraud and money laundering.
See here for previous InfoBytes coverage on North Korean sanctions.
New York, Montana governors sign executive orders to safeguard net neutrality
On January 24, New York Governor Andrew M. Cuomo signed an executive order to protect net neutrality in his state, while earlier on January 22, Montana Governor Steve Bullock signed his own executive order designed to “safeguard internet freedom.” Both executive orders have been issued in response to the FCC’s Declaratory Ruling, Report and Order released last December to rollback the 2015 Open Internet Order rules (known as “Net Neutrality” rules), which removes the restrictions barring providers from slowing down or speeding up web traffic based on business relationships. Under Governor Cuomo’s direction, New York State’s government must refrain from entering into any internet service contracts with ISPs that do not agree to follow the Net Neutrality rules. Similarly, Governor Bullock ordered the procurement process for telecommunication services to require that contract recipients adhere to the neutrality principles.
As previously covered in InfoBytes, a coalition of 22 state attorneys general filed a protective petition for review in the D.C. Circuit Court of Appeals to block the FCC’s Order. See here for additional InfoBytes coverage on Net Neutrality rules.
California Governor Signs Executive Order Aimed At Strengthening Cybersecurity Strategy
On August 31, California Governor Edmund G. Brown signed Executive Order B-34-15. A response to recent cyber-attacks, this order is intended to bolster the state’s preparedness, to improve inter-agency, cross-sector coordination, and to reduce the likelihood and severity of such attacks. Specifically, the order establishes the California Cybersecurity Integration Center (Cal-CSIC) and explains that the Cal-CSIC “will work closely with the California State Threat Assessment System and the U.S. Department of Homeland Security and will facilitate more integrated information sharing and communication with local, state and federal agencies, tribal governments, utilities and other service providers, academic institutions and non-governmental organizations.”
Under the order, the Cal-CSIC will also establish a multi-agency Cyber Incident Response Team, which will be comprised of personnel from agencies, departments, and organizations from the Cal-CSIC. The Response Team will serve as California’s “primary unit to lead cyber threat detection, reporting, and response in coordination with public and private entities across the state.”