[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Rules and Regulations]
[Pages 17384-17385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06874]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 540
Highly Enriched Uranium (HEU) Agreement Assets Control
Regulations
AGENCY: Office of Foreign Assets Control, Treasury
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is removing from the Code of Federal Regulations the
Highly Enriched Uranium (HEU) Agreement Assets Control Regulations as a
result of the termination of the national emergency on which the
regulations were based.
DATES: Effective: March 29, 2016.
FOR FURTHER INFORMATION CONTACT: The Department of the Treasury's
Office of Foreign Assets Control: Assistant Director for Licensing,
tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.:
202/622-4855, Assistant Director for Sanctions Compliance & Evaluation,
tel.: 202/622-2490, or the Department of the Treasury's Office of the
Chief Counsel (Foreign Assets Control), Office of the General Counsel,
tel.: 202/622-2410.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning OFAC are
available from OFAC's Web site (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
On June 21, 2000, the President signed Executive Order 13159,
``Blocking Property of the Government of the Russian Federation
Relating to the Disposition of Highly Enriched Uranium Extracted from
Nuclear Weapons'' (E.O. 13159), finding that the risk of nuclear
proliferation created by the accumulation of a large volume of weapons-
usable fissile material in the territory of the Russian Federation
constituted an unusual and extraordinary threat to the national
security and foreign policy of the United States, and declaring a
national emergency to deal with that threat. In E.O. 13159, the
President ordered blocked the property and interests in property of the
Russian Federation directly related to the implementation of the
Agreement Between the Government of the United States of America and
the Government of the Russian Federation Concerning the Disposition of
Highly Enriched Uranium Extracted from Nuclear Weapons, dated February
18, 1993, and related contracts and agreements (collectively, the ``HEU
Agreements'').
On July 25, 2001, OFAC issued the Highly Enriched Uranium (HEU)
Agreement Assets Control Regulations, 31 CFR part 540 (the
``Regulations''), as a final rule to implement Executive Order 13159.
On June 21, 2012, the national emergency declared in E.O. 13159
automatically terminated pursuant to section 202(d) of the National
Emergencies Act, 50 U.S.C. 1622(d) (NEA).
On June 25, 2012, President Obama signed Executive Order 13617,
``Blocking Property of the Government of the Russian Federation
Relating to the Disposition of Highly Enriched Uranium
[[Page 17385]]
Extracted From Nuclear Weapons'' (E.O. 13617). In E.O. 13617, the
President found that the risk of nuclear proliferation created by the
accumulation of a large volume of weapons-usable fissile material in
the territory of the Russian Federation constituted an unusual and
extraordinary threat to the national security and foreign policy of the
United States, and declared a new national emergency to deal with that
threat. The President issued E.O. 13617 to continue to protect the same
property and interests in property that had been blocked pursuant to
the national emergency declared in E.O. 13159.
On May 26, 2015, the President issued Executive Order 13695,
``Termination of Emergency With Respect to the Risk of Nuclear
Proliferation Created by the Accumulation of a Large Volume of Weapons-
Usable Fissile Material in the Territory of the Russian Federation''
(E.O. 13695). In E.O. 13695, the President found that the situation
that gave rise to the declaration of a national emergency in E.O. 13617
had been significantly altered by the successful implementation of the
HEU Agreements. As a result, he terminated the national emergency
declared in E.O. 13617 and revoked that order, noting that, pursuant to
section 202 of the NEA (50 U.S.C. 1622), termination of the national
emergency shall not affect any action taken or proceeding pending that
was not fully concluded or determined as of the date of E.O. 13695, any
action or proceeding based on any act committed prior to such date, or
any rights or duties that matured or penalties that were incurred prior
to such date.
Accordingly, OFAC is removing the Regulations from the Code of
Federal Regulations. Removal of this part does not affect ongoing
enforcement proceedings or prevent the initiation of enforcement
proceedings with respect to violations of the Regulations or of E.O.
13617 when they were in effect.
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 Paperwork Reduction Act does not apply because this rule does
not impose information collection requirements that would require the
approval of the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
List of Subjects in 31 CFR Part 540
Administrative practice and procedure, Blocking of assets,
Government of the Russian Federation, HEU Agreement, Nuclear materials,
Penalties, Reporting and recordkeeping requirements, Uranium.
For the reasons set forth in the preamble, and under the authority
of 3 U.S.C. 301; 50 U.S.C. 1601-1651; E.O. 13159, 66 FR 39279, 3 CFR,
2001 Comp., p. 277; E.O. 13617, 77 FR 38459, 3 CFR, 2013 Comp., p. 217;
E.O. 13695, 80 FR 30331, OFAC amends 31 CFR chapter V as follows:
PART 540--[REMOVED]
0
1. Remove part 540.
Dated: March 22, 2016.
John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2016-06874 Filed 3-28-16; 8:45 am]
BILLING CODE P