UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON STATE OF WASHINGTON, Plaintiff DECLARATION OF ROBERT DZIELAK DONALD TRUUP, in his official capacity as Presilent of the United States; U'S, DEPARTMENT OF HOMELAND SECURITY; JOHN F. KELLY, in is official capacity as Scoretary of the Department of Homeland Security, TOM SHANNON, inhis official capacity as Acting Seoretary of State; and the UNITED STATES OF ANERICA, Defendants Pursuant to 28 U.S.C. § 1746(2), I, Robert Dvielak, hereby declare as follows: 1. TamExecutive Vice President, General Counsel, and Seeretary of Expedia, Ine. (“Expedia”), [work at Expedia’s Bellevue, Washington headquarters. I have personal knowledge of the matters stated herein, and ifcalled as a witness, I could and would testify competently thereta 2. Expedia isthe world’s largest online travel company, with an extensive portfolio that includes some of the world’s leading online travel brands, Collectively, DECLARATIONOF 1 ROBERT DZIELAK,[Expedia's brands cover virtually every aspect ofrescarching, planning, and booking travel ‘The unnual value of travel booked on Expedia's websites exceeds $72 billion 3. Expedia operates travel websi in over 75 countries. Expedia's websites service over $5 milion flight shoppers per month, 450 milion site visits per month, and 8.6 billion flight searches per year. 4. Expedia employs approximately 20,000 workers across the globe, over 3,500 of whom work in tke State of Washington, 5. Tunderstand that, based on the World Travel and Tourism Council's 2016 Economic Impact Report (“WTC Report”), in 2015, the broader travel and tourism industry ‘contributed a total of $1 469.9 billion to the United States Gross Domestic Product (“GDP”), (or 8.2% of total GDP. The industy’s contribution to total GDP was forecasted to rise by 3.0% in 2016, and w rise by 3.4% per yeur to $2,118.6 billion, or 9.3% of GDP, in 2026. 6. Tunderstand that, based on the WTTC Report, in 2015, the broader travel and tourism industry diectly supported 5,633,000 jobs, or 3.8% of total employment in the United States. That percentage was expected to rise by 1.2% in 2016, and by 2.4% per year {0 7.248,000 jobs, er 4.5% of total employment in the United States, in 2026. 7. Oncof Expedia's 2017 key corporate goals is to “Go Global." The company believes that its growth prospects are best furthered by expanding its services to satisfy travel {demand across the world, To that end, Expedia strives to make global travel seamless and casy forthe millions of eustomers it serves worldwide, In order to serve the global travel ‘marke, i is crucial that Expedia hie talent from around the world to provide a broad spectrum of insights, ideas and perspective tothe travel services and destinations that it offers. In addition, many Expedia employees regularly travel among its worldwide offices as part of ther jobs; staring ideas and cultures all withthe aim of developing and providing the best travel tools ané options forthe global travel marketplace. Expedia believes that hiring DECLARATIONOF 2 ROBERT DZIELAK,u 2 13 4 1s 16 7 18 19 20 2 22 ‘employees fom diferent parts ofthe world, with different backgrounds and perspectives, spurs innovation aed creates a cher environment fo its employees. 8 OnTridey, January 27,2017, Expo eared that President Donald Trump issued an executive order tied “Proteting the Nation fom Foreign Terorst Entry Into the ‘United States" whish bans travelers from Syria, Yemen, Sudan, Somalia, ra, Ian, and Libya ftom entering the United States “Exceutve Order. 9, Expedia believes that the Executive Oder jeopardizes its corporate mission and could have a detrimental impact on its business and employees, as wel as the broader US. and global travel and turism industry. [Impact of Exccutive Order on Expedia's Business 10, Sine: Expedia began offering iravel bookings in 1996, itetimates that it has served a east one hundred thousand customers who have passports issued by one ofthe seven counties that are impacted by the Executive Order. 11, Aso Janvary 29,2017, at east 1,000 Expedia customers who bold passports issued by one ofthe seven impacted counties have purchased current iierais that involve ‘ight to, fom or dough the United States. Almost $00 ofthe lights have a US. origin, over 500 have a US. destination, and approximately 30 have connections inthe United States. 12, Expediatas and wil continue to incur inereased business costs to research and understand whih of ts customers may be impacted by the Executive Order an to assist those customers in making altemative travel arangements,ineladingeanestng and booking flights, hotels and other travel services and obiaining refunds and/or credits for those customers from airlines, hotels and other travel suppliers. Expedia is in the process of contacting all affected travelers and continues to ineur costs to monitor the impacts ofthe Executive Onder and determine how best to take cae ofits customers around the globe. DECLARATIONOF 3 ROBERT DZIELAK10 u 12 13 14 15 16 7 18 19 20 ai 13, Additionally the uncertainty surounding the Executive Order eretes significant dificultes forthe operation of Expedia's business. It is not clear which of Expedia's customs will he affected by the Executive Order or how they willbe affected. Asa est, Expedia is incuting inzeased business costs to monitor developments related to the interpretation asd application ofthe Executive Onder. 14, The ivect financial impact to Expedia resulting from the Excetive Order, sanging fom increased business costs to the broader impact onthe global travel masket, is not yet known, Impact of Exceu a's Emplovees and Recruitment 15, ‘The Bxecutive Order has restrained Expedia employees" ability to travel freely, for professicnal or personal purposes. 16, _ARterthe issuance of the Executive Order, Expedia advised all ofits employees who arefrom one of the seven impacted countries and currently Tocated inthe United States to retin from traveling until further notice. Expedia advised all ofits «employees who are from one ofthe seven impacted counties and currently traveling outside ofthe county to contac immigration counsel immediately. 17, Expedia providing legal counsel and immigration services, at its own expense, tall affected employees. 18. Based onan inal eview, Expedia has atleast wo employees who work in technology jobs in Bellevue, Washington who, under the Executive Ordet, woud be at rsk for nt being re-admited tothe United States i they wer to leave, Because of the Exceuive Onde, these employees are unable to travel freely abroad to conduct business or their personal affirs DECLARATION OF 4 ROBERT DZIELAK,ul 12 13 4 15 16 7 18 19 20 21 2 19, Expedia also as @ numberof employees in offices ouside ofthe United States who are unable to travel to Expedia's U.S. headquarters or other offices in the United States for work due to the Executive Ordee. 20. Asie from the personal cots to each ofthese employees, the Executive Order imposes restraints cn Expedia's bility to efficiently operate its busines. 21. Expalia expects that ts ability to recruit talent from around the globe to support its growing business will suffer as a result of the Executive Onder. | declare under penalty of perjury that the foregoing is true and correct [Execute this 30th day of January, 2017, Rober Datelak DECLARATION OF 5 ROBERT DZIELAK