[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63197-63199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26176]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 538 and 560
Sudanese Sanctions Regulations; Iranian Transactions 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 amending the Sudanese Sanctions Regulations and
the Iranian Transactions Regulations to authorize the processing of
funds transfers for the operating expenses or other official business
of third-country diplomatic or consular missions in Sudan or Iran,
respectively. OFAC also is amending the Sudanese Sanctions Regulations
and the Iranian Transactions Regulations to authorize the
transportation of human remains to or from Sudan and Iran,
respectively, for burial, cremation, or interment.
DATES: Effective Date: October 12, 2011.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions
Compliance & Evaluation, 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.treasury.gov/ofac). Certain
general information pertaining to OFAC's sanctions programs also is
available via facsimile through a 24-hour fax-on-demand service, tel.:
202/622-0077.
Background
OFAC is amending the Sudanese Sanctions Regulations, 31 CFR part
538 (the ``SSR''), and the Iranian Transactions Regulations, 31 CFR
part 560 (the ``ITR''), to authorize the processing of funds transfers
for the operating expenses or other official
[[Page 63198]]
business of third-country diplomatic or consular missions in,
respectively, Sudan and Iran. OFAC also is amending the SSR and the ITR
to authorize the transportation of human remains to or from Sudan and
Iran, respectively, for burial, cremation, or interment. In addition,
the amendments authorize the importation into the United States for
non-commercial purposes of finished tombstones or grave markers of
Sudanese or Iranian origin.
Section 538.204 of the SSR generally prohibits the importation into
the United States, directly or indirectly, of any goods or services of
Sudanese origin. Section 538.205 of the SSR generally prohibits the
exportation or reexportation, directly Sudan of any goods, technology,
or services from the United States or by a United States person,
wherever located, or requiring the issuance of a license by a Federal
agency. As set forth in section 538.212(g)(1) of the SSR, these
prohibitions do not apply to activities or related transactions with
respect to the Specified Areas of Sudan, as defined in SSR section
538.320, provided that, inter alia, they do not involve any property or
interests in property of the Government of Sudan or the petroleum or
petrochemical industries in Sudan. (Section 538.418 of the SSR contains
guidance regarding additional restrictions on financial transactions
involving Sudan, including the Specified Areas of Sudan.)
Section 560.201 of the ITR generally prohibits the importation into
the United States of any goods or services of Iranian origin or owned
or controlled by the Government of Iran. Section 560.204 of the ITR
generally prohibits the exportation, reexportation, sale, or supply,
directly or indirectly, from the United States or by a U.S. person,
wherever located, of any goods, technology, or services to Iran or the
Government of Iran. Sections 560.206 and 560.208 of the ITR contain
additional prohibitions that also may apply to U.S. persons' trade-
related transactions with Iran or facilitation of transactions by
foreign persons with Iran.
Third-country diplomatic and consular funds transfers. To ensure
that the prohibitions in the SSR and the ITR do not impede the
diplomatic or consular activities of third-country missions in Sudan
and Iran, OFAC is adding new section 538.534 to the SSR and new section
560.541 to the ITR. These new sections authorize the processing of
funds transfers otherwise prohibited by the SSR and the ITR for the
operating expenses or other official business of third-country
diplomatic or consular missions in Sudan and Iran, respectively.
Importation and exportation of human remains for burial, cremation,
or interment. To ensure that the prohibitions in the SSR and the ITR do
not have an unintended impact on the timely handling of human remains,
OFAC is adding new section 538.535 to the SSR and new section 560.542
to the ITR. Paragraph (a) Of each new section authorizes the
importation into the United States of human remains for burial,
cremation, or interment, paragraph (b) authorizes the importation into
the United States for non-commercial purposes of finished tombstones or
grave markers, and paragraph (c) authorizes the exportation from the
United States or by U.S. persons of human remains for burial,
cremation, or interment.
Public Participation
Because the amendments of the SSR and ITR involve a foreign affairs
function, the provisions of Executive Order 12866 of September 30,
1993, 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 SSR and ITR 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
31 CFR Part 538
Banks, Banking, Currency, Diplomatic and consular missions,
Exports, Human remains, Imports, Sudan.
31 CFR Part 560
Banks, Banking, Currency, Diplomatic and consular missions,
Exports, Human remains, Imports, Iran.
For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control amends 31 CFR parts 538 and
560 as follows:
PART 538--SUDANESE SANCTIONS REGULATIONS
0
1. The authority citation for part 538 continues to read as follows:
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 31 U.S.C.
321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat.
890 (28 U.S.C. 2461 note); 22 U.S.C. 7201-7211; Pub. L. 109-344, 120
Stat. 1869; Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note);
E.O. 13067, 62 FR 59989, 3 CFR, 1997 Comp., p. 230; E.O. 13412, 71
FR 61369, 3 CFR, 2006 Comp., p. 244.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Add a new Sec. 538.534 to subpart E to read as follows:
Sec. 538.534 Third-country diplomatic and consular funds transfers.
U.S. depository institutions, U.S. registered brokers or dealers in
securities, and U.S. registered money transmitters are authorized to
process funds transfers for the operating expenses or other official
business of third-country diplomatic or consular missions in Sudan,
provided such transfers are not by, to, or through a person who is
included within the term Government of Sudan, as defined in Sec.
538.305.
0
3. Add a new Sec. 538.535 to subpart E to read as follows:
Sec. 538.535 Importation and exportation of human remains for burial,
cremation, or interment authorized.
(a) The importation into the United States of human remains for
burial, cremation, or interment, as well as of coffins or other
receptacles containing such human remains, from Sudan is authorized.
(b) The importation into the United States for non-commercial
purposes of finished tombstones or grave markers of Sudanese origin is
authorized.
(c) The direct or indirect exportation from the United States, or
by a United States person, wherever located, of human remains for
burial, cremation, or interment, as well as of coffins or other
receptacles containing such human remains, to Sudan is authorized.
(d) This section does not authorize the importation into the United
States of Sudanese-origin cultural property or other items of
archaeological, historical, or rare scientific importance.
Note 1 to Sec. 538.535: See Sec. 538.418 for additional
restrictions on financial transactions involving Sudan, including
the Specified Areas of Sudan.
[[Page 63199]]
PART 560--IRANIAN TRANSACTIONS REGULATIONS
0
4. The authority citation for part 560 continues to read as follows:
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C.
2349aa-9; 22 U.S.C. 7201-7211; 31 U.S.C. 321(b); 50 U.S.C. 1601-
1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461
note); Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note); Pub. L.
111-195, 124 Stat. 1312 (22 U.S.C. 8501-8551); E.O. 12613, 52 FR
41940, 3 CFR, 1987 Comp., p. 256; E.O. 12957, 60 FR 14615, 3 CFR,
1995 Comp., p. 332; E.O. 12959, 60 FR 24757, 3 CFR, 1995 Comp., p.
356; E.O. 13059, 62 FR 44531, 3 CFR, 1997 Comp., p. 217.
Subpart E--Licensing, Authorizations, and Statements of Licensing
Policy
0
5. Add a new Sec. 560.541 to subpart E to read as follows:
Sec. 560.541 Third-country diplomatic and consular funds transfers.
United States depository institutions and United States registered
brokers or dealers in securities are authorized to process funds
transfers, in a manner consistent with Sec. 560.516, for the operating
expenses or other official business of third-country diplomatic or
consular missions in Iran.
0
6. Add a new Sec. 560.542 to subpart E to read as follows:
Sec. 560.542 Importation and exportation of human remains for burial,
cremation, or interment authorized.
(a) The importation into the United States of human remains for
burial, cremation, or interment, as well as of coffins or other
receptacles containing such human remains, from Iran is authorized.
(b) The importation into the United States for non-commercial
purposes of finished tombstones or grave markers of Iranian origin is
authorized.
(c) The direct or indirect exportation from the United States, or
by a United States person, wherever located, of human remains for
burial, cremation, or interment, as well as of coffins or other
receptacles containing such human remains, to Iran is authorized.
(d) This section does not authorize the importation into the United
States of Iranian-origin cultural property or other items of
archaeological, historical, or rare scientific importance.
Note 1 to Sec. 560.542: United States depository institutions
and United States registered brokers or dealers in securities may
transfer funds in connection with transactions authorized pursuant
to this section in a manner consistent with Sec. 560.516.
Dated: October 4, 2011.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2011-26176 Filed 10-11-11; 8:45 am]
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