[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Rules and Regulations]
[Pages 6463-6465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2814]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 543, 546, and 547
Definition of the Term ``Financial, Material, or Technological
Support'' Under the C[ocirc]te d'Ivoire, Darfur, and Democratic
Republic of the Congo 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 amending the C[ocirc]te d'Ivoire Sanctions
Regulations, the Darfur Sanctions Regulations, and the Democratic
Republic of the Congo Sanctions Regulations to add a definition of the
term ``financial, material, or technological support'' as used in these
regulations. Providing ``financial, material, or technological
support'' for, inter alia, any person whose property and interests in
property are blocked under those regulations constitutes one of the
[[Page 6464]]
criteria for designation as a person whose property and interests in
property are blocked.
DATES: Effective Date: February 8, 2012.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions
Compliance and 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) or via
facsimile through a 24-hour fax-on-demand service, tel.: (202) 622-
0077.
Background
OFAC administers the C[ocirc]te d'Ivoire Sanctions Regulations, 31
CFR part 543 (the ``CDISR''), the Darfur Sanctions Regulations, 31 CFR
part 546 (the ``DSR''), and the Democratic Republic of the Congo
Sanctions Regulations, 31 CFR part 547 (the ``DRCSR''), which implement
Executive Order 13396 of February 7, 2006, ``Blocking Property of
Certain Persons Contributing to the Conflict in C[ocirc]te d'Ivoire''
(71 FR 7389, February 10, 2006) (``E.O. 13396''), Executive Order 13400
of April 26, 2006, ``Blocking Property of Persons in Connection With
the Conflict in Sudan's Darfur Region'' (71 FR 25483, May 1, 2006)
(``E.O. 13400''), and Executive Order 13413 of October 27, 2006,
``Blocking Property of Certain Persons Contributing to the Conflict in
the Democratic Republic of the Congo'' (71 FR 64105, October 31, 2006)
(``E.O. 13413''), respectively.
Providing ``financial, material, or technological support'' for the
activities described in paragraphs (a)(2)(i) through (a)(2)(iv) of
section 543.201 of the CDISR, paragraphs (a)(2)(i) through (a)(2)(vi)
of section 546.201 of the DSR, and paragraphs (a)(2)(i) through
(a)(2)(v) of section 547.201 of the DRCSR, or for any person whose
property and interests in property are blocked under these regulations,
constitutes one of the criteria in these regulations for designation as
a person whose property and interests in property are blocked.
In particular, paragraph (a)(2)(v) of section 543.201 of the CDISR
implements section 1(a)(ii)(E) of E.O. 13396 by blocking the property
and interests in property of persons determined by the Secretary of the
Treasury, after consultation with the Secretary of State, 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
section 543.201 or any person whose property and interests in property
are blocked pursuant to paragraph (a) of section 543.201.
Similarly, paragraph (a)(2)(vii) of section 546.201 of the DSR
implements section 1(a)(ii)(G) of E.O. 13400 by blocking the property
and interests in property of persons determined by the Secretary of the
Treasury, after consultation with the Secretary of State, 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)(vi) of
section 546.201 or any person whose property and interests in property
are blocked pursuant to paragraph (a) of section 546.201.
Finally, paragraph (a)(2)(vi) of section 547.201 of the DRCSR
implements section 1(a)(ii)(F) of E.O. 13413 by blocking the property
and interests in property of persons determined by the Secretary of the
Treasury, after consultation with the Secretary of State, 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)(v) of
section 547.201 or any person whose property and interests in property
are blocked pursuant to paragraph (a) of section 547.201.
OFAC today is amending the CDISR, the DSR, and the DRCSR, to define
the term ``financial, material, or technological support,'' as used in
these regulations. New sections 543.313 in subpart C of the CDISR,
546.313 in subpart C of the DSR, and 547.313 in subpart C of the DRCSR
define the term ``financial, material, or technological support'' to
mean any property, tangible or intangible, and include a list of
specific examples.
Public Participation
Because the amendment of 31 CFR part 543, 31 CFR part 546, and 31
CFR part 547 involves 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 31 CFR part 543, 31 CFR
part 546, and 31 CFR part 547 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 543
Administrative practice and procedure, Banking, Banks, Blocking of
assets, C[ocirc]te d'Ivoire, Credit, Foreign trade, Penalties,
Reporting and recordkeeping requirements, Securities, Services.
31 CFR Part 546
Administrative practice and procedure, Banking, Banks, Blocking of
assets, Credit, Darfur, Penalties, Reporting and recordkeeping
requirements, Securities, Services, Sudan.
31 CFR Part 547
Administrative practice and procedure, Banking, Banks, Blocking of
assets, Credit, Democratic Republic of the Congo, Penalties, Reporting
and recordkeeping requirements, Securities, Services.
For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control amends 31 CFR parts 543,
546, and 547 as follows:
PART 543--C[Ocirc]TE D'IVOIRE SANCTIONS REGULATIONS
0
1. The authority citation for part 543 is revised to read as follows:
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 (50 U.S.C. 1705 note);
E.O. 13396, 71 FR 7389, 3 CFR, 2006 Comp., p. 209.
Subpart C--General Definitions
0
2. Add new Sec. 543.313 to subpart C to read as follows:
[[Page 6465]]
Sec. 543.313 Financial, material, or technological support.
The term financial, material, or technological support, as used in
Sec. 543.201(a)(2)(v) of this part, means any property, tangible or
intangible, including but not limited to currency, financial
instruments, securities, or any other transmission of value; weapons or
related materiel; chemical or biological agents; explosives; false
documentation or identification; communications equipment; computers;
electronic or other devices or equipment; technologies; lodging; safe
houses; facilities; vehicles or other means of transportation; or
goods. ``Technologies'' as used in this definition means specific
information necessary for the development, production, or use of a
product, including related technical data such as blueprints, plans,
diagrams, models, formulae, tables, engineering designs and
specifications, manuals, or other recorded instructions.
PART 546--DARFUR SANCTIONS REGULATIONS
0
3. The authority citation for part 546 is revised to read as follows:
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 (50 U.S.C. 1705 note);
E.O. 13067, 62 FR 59989, 3 CFR, 1997 Comp., p. 230; E.O. 13400, 71
FR 25483, 3 CFR, 2006 Comp., p. 220.
Subpart C--General Definitions
0
4. Add new Sec. 546.313 to subpart C to read as follows:
Sec. 546.313 Financial, material, or technological support.
The term financial, material, or technological support, as used in
Sec. 546.201(a)(2)(vii) of this part, means any property, tangible or
intangible, including but not limited to currency, financial
instruments, securities, or any other transmission of value; weapons or
related materiel; chemical or biological agents; explosives; false
documentation or identification; communications equipment; computers;
electronic or other devices or equipment; technologies; lodging; safe
houses; facilities; vehicles or other means of transportation; or
goods. ``Technologies'' as used in this definition means specific
information necessary for the development, production, or use of a
product, including related technical data such as blueprints, plans,
diagrams, models, formulae, tables, engineering designs and
specifications, manuals, or other recorded instructions.
PART 547--DEMOCRATIC REPUBLIC OF THE CONGO SANCTIONS REGULATIONS
0
5. The authority citation for part 547 is revised to read as follows:
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 (50 U.S.C. 1705 note);
E.O. 13413, 71 FR 64105, 3 CFR, 2006 Comp., p. 247.
Subpart C--General Definitions
0
6. Add new Sec. 547.313 to subpart C to read as follows:
Sec. 547.313 Financial, material, or technological support.
The term financial, material, or technological support, as used in
Sec. 547.201(a)(2)(vi) of this part, means any property, tangible or
intangible, including but not limited to currency, financial
instruments, securities, or any other transmission of value; weapons or
related materiel; chemical or biological agents; explosives; false
documentation or identification; communications equipment; computers;
electronic or other devices or equipment; technologies; lodging; safe
houses; facilities; vehicles or other means of transportation; or
goods. ``Technologies'' as used in this definition means specific
information necessary for the development, production, or use of a
product, including related technical data such as blueprints, plans,
diagrams, models, formulae, tables, engineering designs and
specifications, manuals, or other recorded instructions.
Dated: January 24, 2012.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2012-2814 Filed 2-7-12; 8:45 am]
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