[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Rules and Regulations]
[Pages 16763-16771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8338]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 543
Persons Contributing to the Conflict in C[ocirc]te d'Ivoire
Sanctions Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
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SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (``OFAC'') is adding a new part to the Code of Federal
Regulations to implement Executive Order 13396 of February 7, 2006,
``Blocking Property of Certain Persons Contributing to the Conflict in
C[ocirc]te d'Ivoire.''
DATES: Effective Date: April 13, 2009.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Compliance,
Outreach & Implementation, tel.: 202/622-2490, Assistant Director for
Licensing, tel.: 202/622-2480, Assistant Director for Policy, tel.:
202/622-4855, Office of Foreign Assets Control, or Chief Counsel
(Foreign Assets Control), tel.: 202/622-2410, Office of the General
Counsel, Department of the Treasury (not toll free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning OFAC are
available from OFAC's Web site (http://www.treas.gov/ofac) or via
facsimile through a 24-hour fax-on demand service, tel.: (202) 622-
0077.
Background
On February 7, 2006, the President, invoking the authority of,
inter alia, the International Emergency Economic Powers Act (50 U.S.C.
1701-1706) (``IEEPA'') and section 5 of the United Nations
Participation Act (22 U.S.C. 287c), issued Executive Order 13396 (71 FR
7389, February 10, 2006) (``E.O. 13396''), effective at 12:01 a.m.
eastern standard time on February 8, 2006. In E.O. 13396, the President
determined that the situation in C[ocirc]te d'Ivoire, which has
resulted in the massacre of large numbers of civilians, widespread
human rights abuses, significant political violence and unrest, and
attacks against international peacekeeping forces leading to
fatalities, constitutes an unusual and extraordinary threat to the
national security and foreign policy of the United States, and declared
a national emergency to deal with that threat. E.O. 13396 also noted
United Nations Security Council Resolution 1572 of November 15, 2004,
which, inter alia, called on member states to impose an asset freeze on
certain persons contributing to the conflict in C[ocirc]te d'Ivoire.
Section 1(a) of E.O. 13396 blocks, with certain exceptions, all
property and interests in property that are in the United States, that
come within the United States, or that are or come within the
possession or control of United States persons, of: (1) The persons
listed in the Annex to E.O. 13396; and (2) any person determined by the
Secretary of the Treasury, after consultation with the Secretary of
State:
To constitute a threat to the peace and national
reconciliation process in C[ocirc]te d'Ivoire, such as by blocking the
implementation of the Linas-Marcoussis Agreement of January 24, 2003,
the Accra III Agreement of July 30, 2004, and the Pretoria Agreement of
April 6, 2005;
To be responsible for serious violations of international
law in C[ocirc]te d'Ivoire;
To have directly or indirectly supplied, sold, or
transferred to C[ocirc]te d'Ivoire arms or any related materiel or any
assistance, advice, or training related to military activities;
To have publicly incited violence and hatred contributing
to the conflict in C[ocirc]te d'Ivoire;
To have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or services
in support of, the activities described above or any person listed in
or designated pursuant to E.O. 13396; or
To be owned or controlled by, or acting or purporting to
act for or on behalf of, directly or indirectly, any person listed in
or designated pursuant to E.O. 13396.
In Section 1(b) of E.O. 13396, the President determined that the
making of donations of certain articles, such as food, clothing, and
medicine intended to be used to relieve human suffering, as specified
in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the
benefit of, any person whose property and interests in property are
blocked pursuant to E.O. 13396 would seriously impair his ability to
deal with the national emergency declared in E.O. 13396, and the
President therefore prohibited such donations. Accordingly, the
donation of such items is prohibited, unless authorized by OFAC.
Section 1(c) of E.O. 13396 provides that the prohibition on any
transaction or dealing by a United States person or within the United
States in blocked property or interests in property includes, but is
not limited to, the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of, any person whose
property and interests in property are blocked pursuant to E.O. 13396,
and the receipt of any contribution or provision of funds, goods, or
services from any such person.
Section 2 of E.O. 13396 prohibits any transaction by a United
States person or within the United States that evades or avoids, or has
the purpose of evading or avoiding, or attempts to violate any of the
prohibitions set forth in E.O. 13396, as well as any conspiracy formed
to violate such prohibitions.
Section 5 of E.O. 13396 authorizes the Secretary of the Treasury,
after consultation with the Secretary of State, to take such actions,
including the promulgation of rules and regulations, as may be
necessary to carry out the purposes of E.O. 13396. In furtherance of
these purposes, OFAC is promulgating these Persons Contributing to the
Conflict in C[ocirc]te d'Ivoire Sanctions Regulations, 31 CFR Part 543
(the ``Regulations''). As
[[Page 16764]]
described above, these sanctions are targeted sanctions directed at
certain persons who contribute to the conflict in C[ocirc]te d'Ivoire.
The sanctions are not directed against the country of C[ocirc]te
d'Ivoire or the Government of C[ocirc]te d'Ivoire. They do not
generally prohibit trade or the provision of banking or other financial
services to the country of C[ocirc]te d'Ivoire, unless the transaction
or service in question involves a person whose property and interests
in property are blocked pursuant to Sec. 543.201(a).
Subpart B of the Regulations implements the prohibitions contained
in sections 1 and 2 of E.O. 13396. See, e.g., Sec. Sec. 543.201 and
543.205. Persons identified in the Annex to E.O. 13396, designated by
or under the authority of the Secretary of the Treasury pursuant to
E.O. 13396, or otherwise subject to the blocking provisions of E.O.
13396 are referred to throughout the Regulations as ``persons whose
property and interests in property are blocked pursuant to Sec.
543.201(a).'' The names of persons listed in or designated pursuant to
E.O. 13396 are or will be published on OFAC's Specially Designated
Nationals and Blocked Persons List, which is accessible via OFAC's Web
site and can be found at Appendix A to 31 CFR chapter V. Those names
also have been or will be published in the Federal Register.
Sections 543.202 and 543.203 of subpart B detail the effect of
transfers of blocked property in violation of the Regulations and set
forth the requirement to hold blocked funds, such as currency, bank
deposits, or liquidated financial obligations, in interest-bearing
blocked accounts. Section 543.204 of subpart B provides that all
expenses incident to the maintenance of blocked physical property shall
be the responsibility of the owners or operators of such property, and
that such expenses shall not be met from blocked funds, unless
otherwise authorized. The section further provides that blocked
property may, in OFAC's discretion, be sold or liquidated and the net
proceeds placed in a blocked interest-bearing account in the name of
the owner of the property.
Section 543.205 implements the prohibitions of E.O. 13396 on any
transaction by a United States person or within the United States that
evades or avoids, has the purpose of evading or avoiding, or attempts
to violate any of the prohibitions set forth in E.O. 13396, and on any
conspiracy formed to violate such prohibitions.
Subpart C of part 543 defines key terms used throughout the
Regulations, and subpart D sets forth interpretive sections regarding
the general prohibitions contained in subpart B. Section 543.411 sets
out the rule that the property and interests in property of an entity
are blocked if the entity is 50 percent or more owned by a person whose
property and interests in property are blocked, whether or not the
entity itself is listed in or designated pursuant to E.O. 13396.
Transactions otherwise prohibited under part 543 but found to be
consistent with U.S. policy may be authorized by one of the general
licenses contained in subpart E or by a specific license issued
pursuant to the procedures described in subpart E of part 501 of 31 CFR
chapter V. Subpart E of part 543 also contains certain statements of
licensing policy in addition to the general licenses.
Subpart F of part 543 refers to subpart C of part 501 for
applicable recordkeeping and reporting requirements. Subpart G
describes the civil and criminal penalties applicable to violations of
the Regulations, as well as the procedures governing the potential
imposition of a civil monetary penalty. Subpart G also refers to
Appendix A of part 501 for a more complete description of these
procedures.
Subpart H of part 543 refers to subpart E of part 501 for
applicable provisions relating to administrative procedures and
contains a delegation of authority by the Secretary of the Treasury.
Subpart I of the Regulations sets forth a Paperwork Reduction Act
notice.
Public Participation
Because the Regulations involve a foreign affairs function, the
provisions of Executive Order 12866 and the Administrative Procedure
Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity
for public participation, and delay in effective date are inapplicable.
Because no notice of proposed rulemaking is required for this rule, the
Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply.
Paperwork Reduction Act
The collections of information related to the Regulations are
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44
U.S.C. 3507), those collections of information have been approved by
the Office of Management and Budget under control number 1505-0164. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number.
List of Subjects in 31 CFR Part 543
Administrative practice and procedure, Banks, Banking, Blocking of
assets, C[ocirc]te d'Ivoire, Credit, Foreign Trade, Penalties,
Reporting and recordkeeping requirements, Securities, Services.
0
For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control adds part 543 to 31 CFR
Chapter V to read as follows:
PART 543--PERSONS CONTRIBUTING TO THE CONFLICT IN C[Ocirc]TE
D'IVOIRE SANCTIONS REGULATIONS
Subpart A--Relation of This Part to Other Laws and Regulations
Sec.
543.101 Relation of this part to other laws and regulations.
Subpart B--Prohibitions
543.201 Prohibited transactions involving blocked property.
543.202 Effect of transfers violating the provisions of this part.
543.203 Holding of funds in interest-bearing accounts; investment
and reinvestment.
543.204 Expenses of maintaining blocked physical property;
liquidation of blocked property.
543.205 Evasions; attempts; conspiracies.
Subpart C--General Definitions
543.301 Arms or any related materiel.
543.302 Blocked account; blocked property.
543.303 Effective date.
543.304 Entity.
543.305 Interest.
543.306 Licenses; general and specific.
543.307 Person.
543.308 Property; property interest.
543.309 Transfer.
543.310 United States.
543.311 U.S. financial institution.
543.312 United States person; U.S. person.
Subpart D--Interpretations
543.401 Reference to amended sections.
543.402 Effect of amendment.
543.403 Termination and acquisition of an interest in blocked
property.
543.404 Transactions ordinarily incident to a licensed transaction.
543.405 Provision of services.
543.406 Offshore transactions.
543.407 Payments from blocked accounts to satisfy obligations
prohibited.
543.408 Charitable contributions.
543.409 Credit extended and cards issued by U.S. financial
institutions.
543.410 Setoffs prohibited.
543.411 Entities owned by a person whose property and interests in
property are blocked.
Subpart E--Licenses, Authorizations, and Statements of Licensing Policy
543.501 General and specific licensing procedures.
543.502 Effect of license or authorization.
[[Page 16765]]
543.503 Exclusion from licenses.
543.504 Payments and transfers to blocked accounts in U.S. financial
institutions.
543.505 Entries in certain accounts for normal service charges
authorized.
543.506 Investment and reinvestment of certain funds.
543.507 Provision of certain legal services authorized.
543.508 Authorization of emergency medical services.
Subpart F--Reports
543.601 Records and reports.
Subpart G--Penalties
543.701 Penalties.
543.702 Pre-Penalty Notice; settlement.
543.703 Penalty imposition.
543.704 Administrative collection; referral to United States
Department of Justice.
Subpart H--Procedures
543.801 Procedures.
543.802 Delegation by the Secretary of the Treasury.
Subpart I--Paperwork Reduction Act
543.901 Paperwork Reduction Act notice.
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651,
1701-1706; 22 U.S.C. 287c; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C.
2461 note); Pub. L. 110-96, 121 Stat. 1011; E.O. 13396, 71 FR 7389,
3 CFR, 2006 Comp., p. 209.
Subpart A--Relation of This Part to Other Laws and Regulations
Sec. 543.101 Relation of this part to other laws and regulations.
This part is separate from, and independent of, the other parts of
this chapter, with the exception of part 501 of this chapter, the
recordkeeping and reporting requirements and license application and
other procedures of which apply to this part. Actions taken pursuant to
part 501 of this chapter with respect to the prohibitions contained in
this part are considered actions taken pursuant to this part. Differing
foreign policy and national security circumstances may result in
differing interpretations of similar language among the parts of this
chapter. No license or authorization contained in or issued pursuant to
those other parts authorizes any transaction prohibited by this part.
No license or authorization contained in or issued pursuant to any
other provision of law or regulation authorizes any transaction
prohibited by this part. No license or authorization contained in or
issued pursuant to this part relieves the involved parties from
complying with any other applicable laws or regulations.
Subpart B--Prohibitions
Sec. 543.201 Prohibited transactions involving blocked property.
(a) Except as authorized by regulations, orders, directives,
rulings, instructions, licenses, or otherwise, and notwithstanding any
contracts entered into or any license or permit granted prior to the
effective date, all property and interests in property that are in the
United States, that hereafter come within the United States, or that
are or hereafter come within the possession or control of U.S. persons,
including their overseas branches, of the following persons are blocked
and may not be transferred, paid, exported, withdrawn, or otherwise
dealt in:
(1) Any person listed in the Annex to Executive Order 13396 of
February 7, 2006 (71 FR 7389, February 10, 2006); and
(2) Any person determined by the Secretary of the Treasury, after
consultation with the Secretary of State:
(i) To constitute a threat to the peace and national reconciliation
process in C[ocirc]te d'Ivoire, such as by blocking the implementation
of the Linas-Marcoussis Agreement of January 24, 2003, the Accra III
Agreement of July 30, 2004, and the Pretoria Agreement of April 6,
2005;
(ii) To be responsible for serious violations of international law
in C[ocirc]te d'Ivoire;
(iii) To have directly or indirectly supplied, sold, or transferred
to C[ocirc]te d'Ivoire arms or any related materiel or any assistance,
advice, or training related to military activities;
(iv) To have publicly incited violence and hatred contributing to
the conflict in C[ocirc]te d'Ivoire;
(v) To have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in support
of, the activities described in paragraphs (a)(2)(i) through (a)(2)(iv)
of this section or any person whose property or interests in property
are blocked pursuant to this paragraph (a); or
(vi) To be owned or controlled by, or acting or purporting to act
for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to this paragraph (a).
Note to paragraph (a) of Sec. 543.201: 1. The names of persons
listed in or designated pursuant to Executive Order 13396, whose
property and interests in property are blocked pursuant to paragraph
(a) of this section, are published on the Office of Foreign Assets
Control's Specially Designated Nationals and Blocked Persons List
(``SDN List'') (which is accessible via the Office of Foreign Assets
Control's Web site), published in the Federal Register, and
incorporated into Appendix A to this chapter with the identifier
``[COTED].'' See Sec. 543.411 concerning entities that may not be
listed on the SDN list but whose property and interests in property
are nevertheless blocked pursuant to paragraph (a) of this section.
2. Section 203 of the International Emergency Economic Powers
Act (50 U.S.C. 1701-1706) (``IEEPA'') explicitly authorizes the
blocking of property and interests in property of a person during
the pendency of an investigation. The names of persons whose
property and interests in property are blocked pending investigation
pursuant to this part also are published on the SDN List, published
in the Federal Register and incorporated into Appendix A to this
chapter with the identifier ``[BPI-COTED].''
3. Sections 501.806 and 501.807 of this chapter V describe the
procedures to be followed by persons seeking, respectively, the
unblocking of funds that they believe were blocked due to mistaken
identity, or administrative reconsideration of their status as
persons whose property and interests in property are blocked
pursuant to paragraph (a) of this section.
(b) The prohibitions in paragraph (a) of this section include, but
are not limited to, prohibitions on the following transactions when
engaged in by a United States person or within the United States:
(1) The making of any contribution or provision of funds, goods, or
services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to paragraph (a) of this
section; and
(2) The receipt of any contribution or provision of funds, goods,
or services from any person whose property and interests in property
are blocked pursuant to paragraph (a) of this section.
(c) Unless otherwise authorized by this part or by a specific
license expressly referring to this section, any dealing in any
security (or evidence thereof) held within the possession or control of
a U.S. person and either registered or inscribed in the name of, or
known to be held for the benefit of, or issued by, any person whose
property and interests in property are blocked pursuant to paragraph
(a) of this section is prohibited. This prohibition includes but is not
limited to the transfer (including the transfer on the books of any
issuer or agent thereof), disposition, transportation, importation,
exportation, or withdrawal of, or the endorsement or guaranty of
signatures on, any such security on or after the effective date. This
prohibition applies irrespective of the fact that at any time (whether
prior to, on, or subsequent to the effective date) the registered or
inscribed owner of any such security may have or might
[[Page 16766]]
appear to have assigned, transferred, or otherwise disposed of the
security.
Sec. 543.202 Effect of transfers violating the provisions of this
part.
(a) Any transfer after the effective date that is in violation of
any provision of this part or of any regulation, order, directive,
ruling, instruction, or license issued pursuant to this part, and that
involves any property or interest in property blocked pursuant to Sec.
543.201(a), is null and void and shall not be the basis for the
assertion or recognition of any interest in or right, remedy, power, or
privilege with respect to such property or property interests.
(b) No transfer before the effective date shall be the basis for
the assertion or recognition of any right, remedy, power, or privilege
with respect to, or any interest in, any property or interest in
property blocked pursuant to Sec. 543.201(a), unless the person who
holds or maintains such property, prior to that date, had written
notice of the transfer or by any written evidence had recognized such
transfer.
(c) Unless otherwise provided, an appropriate license or other
authorization issued by or pursuant to the direction or authorization
of the Director of the Office of Foreign Assets Control before, during,
or after a transfer shall validate such transfer or make it enforceable
to the same extent that it would be valid or enforceable but for the
provisions of IEEPA, Executive Order 13396, this part, and any
regulation, order, directive, ruling, instruction, or license issued
pursuant to this part.
(d) Transfers of property that otherwise would be null and void or
unenforceable by virtue of the provisions of this section shall not be
deemed to be null and void or unenforceable as to any person with whom
such property is or was held or maintained (and as to such person only)
in cases in which such person is able to establish to the satisfaction
of the Director of the Office of Foreign Assets Control each of the
following:
(1) Such transfer did not represent a willful violation of the
provisions of this part by the person with whom such property is or was
held or maintained (and as to such person only);
(2) The person with whom such property is or was held or maintained
did not have reasonable cause to know or suspect, in view of all the
facts and circumstances known or available to such person, that such
transfer required a license or authorization issued pursuant to this
part and was not so licensed or authorized, or, if a license or
authorization did purport to cover the transfer, that such license or
authorization had been obtained by misrepresentation of a third party
or withholding of material facts or was otherwise fraudulently
obtained; and
(3) The person with whom such property is or was held or maintained
filed with the Office of Foreign Assets Control a report setting forth
in full the circumstances relating to such transfer promptly upon
discovery that:
(i) Such transfer was in violation of the provisions of this part
or any regulation, ruling, instruction, license, or other directive or
authorization issued pursuant to this part;
(ii) Such transfer was not licensed or authorized by the Director
of the Office of Foreign Assets Control; or
(iii) If a license did purport to cover the transfer, such license
had been obtained by misrepresentation of a third party or withholding
of material facts or was otherwise fraudulently obtained.
Note to paragraph (d) of Sec. 543.202: The filing of a report
in accordance with the provisions of paragraph (d)(3) of this
section shall not be deemed evidence that the terms of paragraphs
(d)(1) and (d)(2) of this section have been satisfied.
(e) Unless licensed pursuant to this part, any attachment,
judgment, decree, lien, execution, garnishment, or other judicial
process is null and void with respect to any property in which, on or
since the effective date, there existed an interest of a person whose
property and interests in property are blocked pursuant to Sec.
543.201(a).
Sec. 543.203 Holding of funds in interest-bearing accounts;
investment and reinvestment.
(a) Except as provided in paragraphs (c) or (d) of this section, or
as otherwise directed by the Office of Foreign Assets Control, any U.S.
person holding funds, such as currency, bank deposits, or liquidated
financial obligations, subject to Sec. 543.201(a) shall hold or place
such funds in a blocked interest-bearing account located in the United
States.
(b)(1) For purposes of this section, the term blocked interest-
bearing account means a blocked account:
(i) In a federally-insured U.S. bank, thrift institution, or credit
union, provided the funds are earning interest at rates that are
commercially reasonable; or
(ii) With a broker or dealer registered with the Securities and
Exchange Commission under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.), provided the funds are invested in a money market
fund or in U.S. Treasury bills.
(2) For purposes of this section, a rate is commercially reasonable
if it is the rate currently offered to other depositors on deposits or
instruments of comparable size and maturity.
(3) Funds held or placed in a blocked account pursuant to this
paragraph (b) may not be invested in instruments the maturity of which
exceeds 180 days. If interest is credited to a separate blocked account
or subaccount, the name of the account party on each account must be
the same.
(c) Blocked funds held in instruments the maturity of which exceeds
180 days at the time the funds become subject to Sec. 543.201(a) may
continue to be held until maturity in the original instrument, provided
any interest, earnings, or other proceeds derived therefrom are paid
into a blocked interest-bearing account in accordance with paragraphs
(b) or (d) of this section.
(d) Blocked funds held in accounts or instruments outside the
United States at the time the funds become subject to Sec. 543.201(a)
may continue to be held in the same type of accounts or instruments,
provided the funds earn interest at rates that are commercially
reasonable.
(e) This section does not create an affirmative obligation for the
holder of blocked tangible property, such as chattels or real estate,
or of other blocked property, such as debt or equity securities, to
sell or liquidate such property. However, the Office of Foreign Assets
Control may issue licenses permitting or directing such sales or
liquidation in appropriate cases.
(f) Funds subject to this section may not be held, invested, or
reinvested in a manner that provides immediate financial or economic
benefit or access to any person whose property and interests in
property are blocked pursuant to Sec. 543.201(a), nor may their holder
cooperate in or facilitate the pledging or other attempted use as
collateral of blocked funds or other assets.
Sec. 543.204 Expenses of maintaining blocked physical property;
liquidation of blocked property.
(a) Except as otherwise authorized, and notwithstanding the
existence of any rights or obligations conferred or imposed by any
international agreement or contract entered into or any license or
permit granted prior to the effective date, all expenses incident to
the maintenance of physical property blocked pursuant to Sec.
543.201(a) shall be the responsibility of the owners or operators of
such property, which expenses shall not be met from blocked funds.
[[Page 16767]]
(b) Property blocked pursuant to Sec. 543.201(a) may, in the
discretion of the Office of Foreign Assets Control, be sold or
liquidated and the net proceeds placed in a blocked interest-bearing
account in the name of the owner of the property.
Sec. 543.205 Evasions; attempts; conspiracies.
(a) Except as otherwise authorized, and notwithstanding any
contract entered into or any license or permit granted prior to the
effective date, any transaction by a U.S. person or within the United
States on or after the effective date that evades or avoids, has the
purpose of evading or avoiding, or attempts to violate any of the
prohibitions set forth in this part is prohibited.
(b) Except as otherwise authorized, and notwithstanding any
contract entered into or any license or permit granted prior to the
effective date, any conspiracy formed to violate the prohibitions set
forth in this part is prohibited.
Subpart C--General Definitions
Sec. 543.301 Arms or any related materiel.
The term arms or any related materiel means arms or related
materiel of all types, including military aircraft and equipment, but
excludes:
(a) Supplies and technical assistance intended solely for the
support of or use by the United Nations Operation in C[ocirc]te
d'Ivoire and forces of France who support them;
(b) Supplies of non-lethal military equipment intended solely for
humanitarian or protective use, and related technical assistance and
training;
(c) Supplies of protective clothing, including flak jackets and
military helmets, temporarily exported to C[ocirc]te d'Ivoire for use
by United Nations personnel, representatives of the media, and
humanitarian and development workers and associated personnel, for
their personal use only;
(d) Supplies temporarily exported to C[ocirc]te d'Ivoire to the
forces of a country that is taking action solely and directly to
facilitate the evacuation of its nationals and those for whom it has
consular responsibility in C[ocirc]te d'Ivoire; and
(e) Supplies of arms and related materiel and technical training
and assistance intended solely for support of or use in the process of
restructuring defense and security forces pursuant to paragraph 3,
subparagraph (f) of the Linas-Marcoussis Agreement.
Sec. 543.302 Blocked account; blocked property.
The terms blocked account and blocked property shall mean any
account or property subject to the prohibitions in Sec. 543.201 held
in the name of a person whose property and interests in property are
blocked pursuant to Sec. 543.201(a), or in which such person has an
interest, and with respect to which payments, transfers, exportations,
withdrawals, or other dealings may not be made or effected except
pursuant to an authorization or license from the Office of Foreign
Assets Control expressly authorizing such action.
Note to Sec. 543.302: See Sec. 543.411 concerning the blocked
status of property and interests in property of an entity that is 50
percent or more owned by a person whose property and interests in
property are blocked pursuant to Sec. 543.201(a).
Sec. 543.303 Effective date.
The term effective date refers to the effective date of the
applicable prohibitions and directives contained in this part as
follows:
(a) With respect to a person whose property and interests in
property are blocked pursuant to Sec. 543.201(a)(1), 12:01 a.m.
eastern standard time, February 8, 2006;
(b) With respect to a person whose property and interests in
property are blocked pursuant to Sec. 543.201(a)(2), the earlier of
the date of actual or constructive notice of such person's designation.
Sec. 543.304 Entity.
The term entity means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization.
Sec. 543.305 Interest.
Except as otherwise provided in this part, the term interest, when
used with respect to property (e.g., ``an interest in property''),
means an interest of any nature whatsoever, direct or indirect.
Sec. 543.306 Licenses; general and specific.
(a) Except as otherwise specified, the term license means any
license or authorization contained in or issued pursuant to this part.
(b) The term general license means any license or authorization the
terms of which are set forth in subpart E of this part.
(c) The term specific license means any license or authorization
not set forth in subpart E of this part but issued pursuant to this
part.
Note to Sec. 543.306: See Sec. 501.801 of this chapter on
licensing procedures.
Sec. 543.307 Person.
The term person means an individual or entity.
Sec. 543.308 Property; property interest.
The terms property and property interest include, but are not
limited to, money, checks, drafts, bullion, bank deposits, savings
accounts, debts, indebtedness, obligations, notes, guarantees,
debentures, stocks, bonds, coupons, any other financial instruments,
bankers acceptances, mortgages, pledges, liens or other rights in the
nature of security, warehouse receipts, bills of lading, trust
receipts, bills of sale, any other evidences of title, ownership or
indebtedness, letters of credit and any documents relating to any
rights or obligations thereunder, powers of attorney, goods, wares,
merchandise, chattels, stocks on hand, ships, goods on ships, real
estate mortgages, deeds of trust, vendors' sales agreements, land
contracts, leaseholds, ground rents, real estate and any other interest
therein, options, negotiable instruments, trade acceptances, royalties,
book accounts, accounts payable, judgments, patents, trademarks or
copyrights, insurance policies, safe deposit boxes and their contents,
annuities, pooling agreements, services of any nature whatsoever,
contracts of any nature whatsoever, and any other property, real,
personal, or mixed, tangible or intangible, or interest or interests
therein, present, future or contingent.
Sec. 543.309 Transfer.
The term transfer means any actual or purported act or transaction,
whether or not evidenced by writing, and whether or not done or
performed within the United States, the purpose, intent, or effect of
which is to create, surrender, release, convey, transfer, or alter,
directly or indirectly, any right, remedy, power, privilege, or
interest with respect to any property and, without limitation upon the
foregoing, shall include the making, execution, or delivery of any
assignment, power, conveyance, check, declaration, deed, deed of trust,
power of attorney, power of appointment, bill of sale, mortgage,
receipt, agreement, contract, certificate, gift, sale, affidavit, or
statement; the making of any payment; the setting off of any obligation
or credit; the appointment of any agent, trustee, or fiduciary; the
creation or transfer of any lien; the issuance, docketing, filing, or
levy of or under any judgment, decree, attachment, injunction,
execution, or other judicial or administrative process or order, or the
service of any garnishment; the acquisition of any
[[Page 16768]]
interest of any nature whatsoever by reason of a judgment or decree of
any foreign country; the fulfillment of any condition; the exercise of
any power of appointment, power of attorney, or other power; or the
acquisition, disposition, transportation, importation, exportation, or
withdrawal of any security.
Sec. 543.310 United States.
The term United States means the United States, its territories and
possessions, and all areas under the jurisdiction or authority thereof.
Sec. 543.311 U.S. financial institution.
The term U.S. financial institution means any U.S. entity
(including its foreign branches) that is engaged in the business of
accepting deposits, making, granting, transferring, holding, or
brokering loans or credits, or purchasing or selling foreign exchange,
securities, commodity futures or options, or procuring purchasers and
sellers thereof, as principal or agent; including but not limited to
depository institutions, banks, savings banks, trust companies,
securities brokers and dealers, commodity futures and options brokers
and dealers, forward contract and foreign exchange merchants,
securities and commodities exchanges, clearing corporations, investment
companies, employee benefit plans, and U.S. holding companies, U.S.
affiliates, or U.S. subsidiaries of any of the foregoing. This term
includes those branches, offices and agencies of foreign financial
institutions that are located in the United States, but not such
institutions' foreign branches, offices, or agencies.
Sec. 543.312 United States person; U.S. person.
The term United States person or U.S. person means any United
States citizen, permanent resident alien, entity organized under the
laws of the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States.
Subpart D--Interpretations
Sec. 543.401 Reference to amended sections.
Except as otherwise specified, reference to any provision in or
appendix to this part or chapter or to any regulation, ruling, order,
instruction, directive, or license issued pursuant to this part refers
to the same as currently amended.
Sec. 543.402 Effect of amendment.
Unless otherwise specifically provided, any amendment,
modification, or revocation of any provision in or appendix to this
part or chapter or of any order, regulation, ruling, instruction, or
license issued by or under the direction of the Director of the Office
of Foreign Assets Control does not affect any act done or omitted, or
any civil or criminal suit or proceeding commenced or pending prior to
such amendment, modification, or revocation. All penalties,
forfeitures, and liabilities under any such order, regulation, ruling,
instruction, or license continue and may be enforced as if such
amendment, modification, or revocation had not been made.
Sec. 543.403 Termination and acquisition of an interest in blocked
property.
(a) Whenever a transaction licensed or authorized by or pursuant to
this part results in the transfer of property (including any property
interest) away from a person, such property shall no longer be deemed
to be property blocked pursuant to Sec. 543.201(a), unless there
exists in the property another interest that is blocked pursuant to
Sec. 543.201(a) or any other part of this chapter, the transfer of
which has not been effected pursuant to license or other authorization.
(b) Unless otherwise specifically provided in a license or
authorization issued pursuant to this part, if property (including any
property interest) is transferred or attempted to be transferred to a
person whose property and interests in property are blocked pursuant to
Sec. 543.201(a), such property shall be deemed to be property in which
that person has an interest and therefore blocked.
Sec. 543.404 Transactions ordinarily incident to a licensed
transaction.
Any transaction ordinarily incident to a licensed transaction and
necessary to give effect thereto is also authorized, except:
(a) An ordinarily incident transaction, not explicitly authorized
within the terms of the license, by or with a person whose property and
interests in property are blocked pursuant to Sec. 543.201(a); or
(b) An ordinarily incident transaction, not explicitly authorized
within the terms of the license, involving a debit to a blocked account
or a transfer of blocked property.
(c) Example. A license authorizing Company A, whose property and
interests in property are blocked pursuant to Sec. 543.201(a), to
complete a securities sale also authorizes all activities by other
parties required to complete the sale, including transactions by the
buyer, broker, transfer agents, banks, etc., provided that such other
parties are not themselves persons whose property and interests in
property are blocked pursuant to Sec. 543.201(a).
Sec. 543.405 Provision of services.
(a) The prohibitions on transactions involving blocked property
contained in Sec. 543.201 apply to services performed in the United
States or by U.S. persons, wherever located, including by an overseas
branch of an entity located in the United States:
(1) On behalf of or for the benefit of a person whose property and
interests in property are blocked pursuant to Sec. 543.201(a); or
(2) With respect to property interests subject to Sec. 543.201.
(b) Example. U.S. persons may not, except as authorized by or
pursuant to this part, provide legal, accounting, financial, brokering,
freight forwarding, transportation, public relations, or other services
to a person whose property and interests in property are blocked
pursuant to Sec. 543.201(a).
Note to Sec. 543.405: See Sec. Sec. 543.507 and 543.508 on
licensing policy with regard to the provision of certain legal and
medical services.
Sec. 543.406 Offshore transactions.
The prohibitions in Sec. 543.201 on transactions or dealings
involving blocked property apply to transactions by any U.S. person in
a location outside the United States with respect to property held in
the name of a person whose property and interests in property are
blocked pursuant to Sec. 543.201(a), or property in which a person
whose property and interests in property are blocked pursuant to Sec.
543.201(a) has or has had an interest since the effective date.
Sec. 543.407 Payments from blocked accounts to satisfy obligations
prohibited.
Pursuant to Sec. 543.201, no debits may be made to a blocked
account to pay obligations to U.S. persons or other persons, except as
authorized by or pursuant to this part.
Sec. 543.408 Charitable contributions.
Unless specifically authorized by the Office of Foreign Assets
Control pursuant to this part, no charitable contribution of funds,
goods, services, or technology, including contributions to relieve
human suffering, such as food, clothing or medicine, may be made by,
to, or for the benefit of a person whose property and interests in
property are blocked pursuant to Sec. 543.201(a). For the purposes of
this part, a contribution is made by, to, or for the benefit of a
[[Page 16769]]
person whose property and interests in property are blocked pursuant to
Sec. 543.201(a) if made by, to, or in the name of such a person; if
made by, to, or in the name of an entity or individual acting for or on
behalf of, or owned or controlled by, such a person; or if made in an
attempt to violate, to evade, or to avoid the bar on the provision of
contributions by, to, or for the benefit of such a person.
Sec. 543.409 Credit extended and cards issued by U.S. financial
institutions.
The prohibition in Sec. 543.201 on dealing in property subject to
that section prohibits U.S. financial institutions from performing
under any existing credit agreements, including, but not limited to,
charge cards, debit cards, or other credit facilities issued by a U.S.
financial institution to a person whose property and interests in
property are blocked pursuant to Sec. 543.201(a).
Sec. 543.410 Setoffs prohibited.
A setoff against blocked property (including a blocked account),
whether by a U.S. bank or other U.S. person, is a prohibited transfer
under Sec. 543.201 if effected after the effective date.
Sec. 543.411 Entities owned by a person whose property and interests
in property are blocked.
A person whose property and interests in property are blocked
pursuant to Sec. 543.201(a) has an interest in all property and
interests in property of an entity in which it owns, directly or
indirectly, a 50 percent or greater interest. The property and
interests in property of such an entity, therefore, are blocked, and
such an entity is a person whose property and interests in property are
blocked pursuant to Sec. 543.201(a), regardless of whether the entity
itself is listed in the Annex to Executive Order 13396 or designated
pursuant to Sec. 543.201(a).
Subpart E--Licenses, Authorizations and Statements of Licensing
Policy
Sec. 543.501 General and specific licensing procedures.
For provisions relating to licensing procedures, see part 501,
subpart E of this chapter. Licensing actions taken pursuant to part 501
of this chapter with respect to the prohibitions contained in this part
are considered actions taken pursuant to this part.
Sec. 543.502 Effect of license or authorization.
(a) No license or other authorization contained in this part, or
otherwise issued by or under the direction of the Director of the
Office of Foreign Assets Control, authorizes or validates any
transaction effected prior to the issuance of such license or other
authorization, unless specifically provided in such license or
authorization.
(b) No regulation, ruling, instruction, or license authorizes any
transaction prohibited under this part unless the regulation, ruling,
instruction, or license is issued by the Office of Foreign Assets
Control and specifically refers to this part. No regulation, ruling,
instruction, or license referring to this part shall be deemed to
authorize any transaction prohibited by any other provision of this
chapter unless the regulation, ruling, instruction, or license
specifically refers to such provision.
(c) Any regulation, ruling, instruction, or license authorizing any
transaction otherwise prohibited under this part has the effect of
removing a prohibition contained in this part from the transaction, but
only to the extent specifically stated by its terms. Unless the
regulation, ruling, instruction, or license otherwise specifies, such
an authorization does not create any right, duty, obligation, claim, or
interest in, or with respect to, any property that would not otherwise
exist under ordinary principles of law.
Sec. 543.503 Exclusion from licenses.
The Director of the Office of Foreign Assets Control reserves the
right to exclude any person, property, or transaction from the
operation of any license or from the privileges conferred by any
license. The Director of the Office of Foreign Assets Control also
reserves the right to restrict the applicability of any license to
particular persons, property, transactions, or classes thereof. Such
actions are binding upon actual or constructive notice of the
exclusions or restrictions.
Sec. 543.504 Payments and transfers to blocked accounts in U.S.
financial institutions.
Any payment of funds or transfer of credit in which a person whose
property and interests in property are blocked pursuant to Sec.
543.201(a) has any interest that comes within the possession or control
of a U.S. financial institution must be blocked in an account on the
books of that financial institution. A transfer of funds or credit by a
U.S. financial institution between blocked accounts in its branches or
offices is authorized, provided that no transfer is made from an
account within the United States to an account held outside the United
States, and further provided that a transfer from a blocked account may
be made only to another blocked account held in the same name.
Note to Sec. 543.504: See Sec. 501.603 of this chapter for
mandatory reporting requirements regarding financial transfers. See
also Sec. 543.203 concerning the obligation to hold blocked funds
in interest-bearing accounts.
Sec. 543.505 Entries in certain accounts for normal service charges
authorized.
(a) A U.S. financial institution is authorized to debit any blocked
account held at that financial institution in payment or reimbursement
for normal service charges owed it by the owner of that blocked
account.
(b) As used in this section, the term normal service charges shall
include charges in payment or reimbursement for interest due; cable,
telegraph, internet, or telephone charges; postage costs; custody fees;
small adjustment charges to correct bookkeeping errors; and, but not by
way of limitation, minimum balance charges, notary and protest fees,
and charges for reference books, photocopies, credit reports,
transcripts of statements, registered mail, insurance, stationery and
supplies, and other similar items.
Sec. 543.506 Investment and reinvestment of certain funds.
Subject to the requirements of Sec. 543.203, U.S. financial
institutions are authorized to invest and reinvest assets blocked
pursuant to Sec. 543.201, subject to the following conditions:
(a) The assets representing such investments and reinvestments are
credited to a blocked account or subaccount that is held in the same
name at the same U.S. financial institution, or within the possession
or control of a U.S. person, but funds shall not be transferred outside
the United States for this purpose;
(b) The proceeds of such investments and reinvestments shall not be
credited to a blocked account or subaccount under any name or
designation that differs from the name or designation of the specific
blocked account or subaccount in which such funds or securities were
held; and
(c) No immediate financial or economic benefit accrues (e.g.,
through pledging or other use) to a person whose property and interests
in property are blocked pursuant to Sec. 543.201(a).
Sec. 543.507 Provision of certain legal services authorized.
(a) The provision of the following legal services to or on behalf
of persons whose property and interests in property are blocked
pursuant to Sec. 543.201(a) is authorized, provided that
[[Page 16770]]
all receipts of payment of professional fees and reimbursement of
incurred expenses must be specifically licensed:
(1) Provision of legal advice and counseling on the requirements of
and compliance with the laws of the United States or any jurisdiction
within the United States, provided that such advice and counseling are
not provided to facilitate transactions in violation of this part;
(2) Representation of persons named as defendants in or otherwise
made parties to domestic U.S. legal, arbitration, or administrative
proceedings;
(3) Initiation and conduct of domestic U.S. legal, arbitration, or
administrative proceedings in defense of property interests subject to
U.S. jurisdiction;
(4) Representation of persons before any federal or state agency
with respect to the imposition, administration, or enforcement of U.S.
sanctions against such persons; and
(5) Provision of legal services in any other context in which
prevailing U.S. law requires access to legal counsel at public expense.
(b) The provision of any other legal services to persons whose
property and interests in property are blocked pursuant to Sec.
543.201(a), not otherwise authorized in this part, requires the
issuance of a specific license.
(c) Entry into a settlement agreement or the enforcement of any
lien, judgment, arbitral award, decree, or other order through
execution, garnishment, or other judicial process purporting to
transfer or otherwise alter or affect property or interests in property
blocked pursuant to Sec. 543.201(a) is prohibited unless specifically
licensed in accordance with Sec. 543.202(e).
Sec. 543.508 Authorization of emergency medical services.
The provision of nonscheduled emergency medical services in the
United States to persons whose property and interests in property are
blocked pursuant to Sec. 543.201(a) is authorized, provided that all
receipt of payment for such services must be specifically licensed.
Subpart F--Reports
Sec. 543.601 Records and reports.
For provisions relating to required records and reports, see part
501, subpart C, of this chapter. Recordkeeping and reporting
requirements imposed by part 501 of this chapter with respect to the
prohibitions contained in this part are considered requirements arising
pursuant to this part.
Subpart G--Penalties
Sec. 543.701 Penalties.
(a) Attention is directed to section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) (``IEEPA''), which is
applicable to violations of the provisions of any license, ruling,
regulation, order, directive, or instruction issued by or pursuant to
the direction or authorization of the Secretary of the Treasury
pursuant to this part or otherwise under IEEPA.
(1) A civil penalty not to exceed the amount set forth in section
206 of IEEPA may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under IEEPA.
Note to paragraph (a)(1) of Sec. 543.701: As of the date of
publication in the Federal Register of the final rule adding this
part to 31 CFR chapter V (April 13, 2009), IEEPA provides for a
maximum civil penalty not to exceed the greater of $250,000 or an
amount that is twice the amount of the transaction that is the basis
of the violation with respect to which the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition may, upon
conviction, be fined not more than $1,000,000, or if a natural person,
be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in IEEPA are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in IEEPA are subject to
adjustment pursuant to 18 U.S.C. 3571.
(c) Attention is directed to section 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c(b)) (``UNPA''), which
provides that any person who willfully violates or evades or attempts
to violate or evade any order, rule, or regulation issued by the
President pursuant to the authority granted in that section, upon
conviction, shall be fined not more than $10,000 and, if a natural
person, may also be imprisoned for not more than 10 years; and the
officer, director, or agent of any corporation who knowingly
participates in such violation or evasion shall be punished by a like
fine, imprisonment, or both and any property, funds, securities,
papers, or other articles or documents, or any vessel, together with
her tackle, apparel, furniture, and equipment, or vehicle, or aircraft,
concerned in such violation shall be forfeited to the United States.
(d) Violations involving transactions described at section
203(b)(1),(3), and (4) of IEEPA shall be subject only to the penalties
set forth in paragraph (c) of this section.
(e) Attention is also directed to 18 U.S.C. 1001, which provides
that whoever, in any matter within the jurisdiction of the executive,
legislative, or judicial branch of the Government of the United States,
knowingly and willfully falsifies, conceals, or covers up by any trick,
scheme, or device a material fact; or makes any materially false,
fictitious or fraudulent statement or representation; or makes or uses
any false writing or document knowing the same to contain any
materially false, fictitious or fraudulent statement or entry; shall be
fined under title 18, United States Code, imprisoned not more than five
years, or both.
(f) Violations of this part may also be subject to relevant
provisions of other applicable laws.
Sec. 543.702 Pre-Penalty Notice; settlement.
(a) When required. If the Office of Foreign Assets Control has
reason to believe that there has occurred a violation of any provision
of this part or a violation of the provisions of any license, ruling,
regulation, order, direction, or instruction issued by or pursuant to
the direction or authorization of the Secretary of the Treasury
pursuant to this part or otherwise under IEEPA and determines that a
civil monetary penalty is warranted, the Office of Foreign Assets
Control will issue a Pre-Penalty Notice informing the alleged violator
of the agency's intent to impose a monetary penalty. A Pre-Penalty
Notice shall be in writing. The Pre-Penalty Notice may be issued
whether or not another agency has taken any action with respect to the
matter. For a description of the contents of a Pre-Penalty Notice, see
Appendix A to part 501 of this chapter.
(b)(1) Right to respond. An alleged violator has the right to
respond to a Pre-Penalty Notice by making a written presentation to the
Office of Foreign Assets Control. For a description of the information
that should be included in such a response, see Appendix A to part 501
of this chapter.
(2) Deadline for response. A response to a Pre-Penalty Notice must
be made within the applicable 30-day period set forth in this
paragraph. The failure to submit a response within the applicable time
period set forth in this paragraph shall be deemed to be a waiver of
the right to respond.
[[Page 16771]]
(i) Computation of time for response. A response to a Pre-Penalty
Notice must be postmarked or date-stamped by the U.S. Postal Service
(or foreign postal service, if mailed abroad) or courier service
provider (if transmitted to the Office of Foreign Assets Control by
courier) on or before the 30th day after the postmark date on the
envelope in which the Pre-Penalty Notice was mailed. If the Pre-Penalty
Notice was personally delivered by a non-U.S. Postal Service agent
authorized by the Office of Foreign Assets Control, a response must be
postmarked or date-stamped on or before the 30th day after the date of
delivery.
(ii) Extensions of time for response. If a due date falls on a
federal holiday or weekend, that due date is extended to include the
following business day. Any other extensions of time will be granted,
at the discretion of the Office of Foreign Assets Control, only upon
specific request to the Office of Foreign Assets Control.
(3) Form and method of response. A response to a Pre-Penalty Notice
need not be in any particular form, but it must be typewritten and
signed by the alleged violator or a representative thereof, must
contain information sufficient to indicate that it is in response to
the Pre-Penalty Notice, and must include the Office of Foreign Assets
Control identification number listed on the Pre-Penalty Notice. A copy
of the written response may be sent by facsimile, but the original also
must be sent to the Office of Foreign Assets Control Civil Penalties
Division by mail or courier and must be postmarked or date-stamped, in
accordance with paragraph (b)(2) of this section.
(c) Settlement. Settlement discussion may be initiated by the
Office of Foreign Assets Control, the alleged violator, or the alleged
violator's authorized representative. For a description of practices
with respect to settlement, see Appendix A to part 501 of this chapter.
(d) Guidelines. Guidelines for the imposition or settlement of
civil penalties by the Office of Foreign Assets Control are contained
in Appendix A to part 501 of this chapter.
(e) Representation. A representative of the alleged violator may
act on behalf of the alleged violator, but any oral communication with
the Office of Foreign Assets Control prior to a written submission
regarding the specific allegations contained in the Pre-Penalty Notice
must be preceded by a written letter of representation, unless the Pre-
Penalty Notice was served upon the alleged violator in care of the
representative.
Sec. 543.703 Penalty imposition.
If, after considering any written response to the Pre-Penalty
Notice and any relevant facts, the Office of Foreign Assets Control
determines that there was a violation by the alleged violator named in
the Pre-Penalty Notice and that a civil monetary penalty is
appropriate, the Office of Foreign Assets Control may issue a written
Penalty Notice to the violator containing a determination of the
violation and the imposition of the monetary penalty. For additional
details concerning issuance of a Penalty Notice, see Appendix A to part
501 of this chapter.
The issuance of the Penalty Notice shall constitute final agency
action. The violator has the right to seek judicial review of that
final agency action in federal district court.
Sec. 543.704 Administrative collection; referral to United States
Department of Justice.
In the event that the violator does not pay the penalty imposed
pursuant to this part or make payment arrangements acceptable to the
Director of the Office of Foreign Assets Control, the matter may be
referred for administrative collection measures by the Department of
the Treasury or to the United States Department of Justice for
appropriate action to recover the penalty in a civil suit in a federal
district court.
Subpart H--Procedures
Sec. 543.801 Procedures.
For license application procedures and procedures relating to
amendments, modifications, or revocations of licenses; administrative
decisions; rulemaking; and requests for documents pursuant to the
Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a), see
part 501, subpart E, of this chapter.
Sec. 543.802 Delegation by the Secretary of the Treasury.
Any action that the Secretary of the Treasury is authorized to take
pursuant to Executive Order 13396 of February 7, 2006 (71 FR 7389,
February 10, 2006), and any further Executive orders relating to the
national emergency declared in Executive Order 13396, may be taken by
the Director of the Office of Foreign Assets Control or by any other
person to whom the Secretary of the Treasury has delegated authority so
to act.
Subpart I--Paperwork Reduction Act
Sec. 543.901 Paperwork Reduction Act notice.
For approval by the Office of Management and Budget (``OMB'') under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3507) of information
collections relating to recordkeeping and reporting requirements,
licensing procedures (including those pursuant to statements of
licensing policy), and other procedures, see Sec. 501.901 of this
chapter. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a valid control number assigned by OMB.
Dated: March 31, 2009.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
Approved: April 3, 2009.
Stuart A. Levey
Under Secretary, Office of Terrorism and Financial Intelligence,
Department of the Treasury.
[FR Doc. E9-8338 Filed 4-10-09; 8:45 am]
BILLING CODE 4811-45-P