[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)] [Rules and Regulations] [Pages 37940-37941] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-18204] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 550 Libyan Sanctions Regulations; Specially Designated Nationals List AGENCY: Office of Foreign Assets Control, Treasury. ACTION: Final rule; amendments to the list of specially designated nationals. ----------------------------------------------------------------------- SUMMARY: The Office of Foreign Assets Control is amending the Libyan Sanctions Regulations to add three hotels in Malta, Mistra Village Ltd., Hotel Milano Due, and Marina San Gorg Co. Ltd., to appendix A, Organizations Determined to be Within the Term ``Government of Libya'' (Specially Designated Nationals of Libya). EFFECTIVE DATE: July 25, 1995. ADDRESS: Copies of the list of persons whose property is blocked pursuant to the Libyan Sanctions Regulations are available upon request at the following location: Office of Foreign Assets Control, U.S. Department of the Treasury, Annex, 1500 Pennsylvania Avenue, N.W., Washington, D.C. 20220. The full list of persons blocked pursuant to economic sanctions programs administered by the Office of Foreign Assets Control is available electronically on The Federal Bulletin Board and Treasury's Electronic Library (see Supplementary Information). FOR FURTHER INFORMATION CONTACT: J. Robert McBrien, Chief, International Programs Division, Office of Foreign Assets Control, tel.: 202/622-2420. SUPPLEMENTARY INFORMATION: Electronic Availability This document is available as an electronic file on The Federal Bulletin Board the day of publication in the Federal Register. By modem dial 202/512-1387 and type ``/GO/FAC'' or call 202/512-1530 for disks or paper copies. This file is available for downloading in WordPerfect 5.1, ASCII, and Postscript formats. The document is also accessible for downloading in ASCII format without charge from Treasury's [[Page 37941]] Electronic Library (``TEL'') in the ``Business, Trade and Labor Mall'' of the FedWorld bulletin board. By modem dial 703/321-3339, and select self-expanding file ``T11FR00.EXE'' in TEL. For Internet access, use one of the following protocols: Telnet = fedworld.gov (192.239.93.3); World Wide Web (Home Page) = http://www.fedworld.gov; FTP = ftp.fedworld.gov (192.239.92.205). Background The Office of Foreign Assets Control (``FAC'') is amending the Libyan Sanctions Regulations, 31 CFR part 550 (the ``Regulations''), to add new entries to appendix A. Appendix A, Organizations Determined to be Within the Term ``Government of Libya'' (Specially Designated Nationals of Libya), is a list of organizations determined by the Director of FAC to be within the definition of the term ``Government of Libya,'' as set forth in Sec. 550.304(a) of the Regulations, because they are owned or controlled by or act or purport to act directly or indirectly on behalf of the Government of Libya. Appendix A to part 550 is amended to provide public notice of the designation of three Malta hotels, i. e., Mistra Village Ltd., Hotel Milano Due, and Marina San Gorg Co. Ltd, as Specially Designated Nationals of Libya. All prohibitions in the Regulations pertaining to the Government of Libya apply to the entities and individuals identified in appendix A. All unlicensed transactions with such entities, or transactions in property in which they have an interest, are prohibited unless otherwise exempted or generally licensed in the Regulations. Determinations that persons fall within the definition of the term ``Government of Libya'' and are thus Specially Designated Nationals of Libya are effective upon the date of determination by the Director of FAC, acting under authority delegated by the Secretary of the Treasury. Public notice is effective upon the date of publication or upon actual notice, whichever is sooner. The list of Specially Designated Nationals in appendices A and B is a partial one, since FAC may not be aware of all agencies and officers of the Government of Libya, or of all persons that might be owned or controlled by, or acting on behalf of the Government of Libya within the meaning of Sec. 550.304(a). Therefore, one may not rely on the fact that a person is not listed in appendix A or B as a Specially Designated National as evidence that it is not owned or controlled by, or acting or purporting to act directly or indirectly on behalf of, the Government of Libya. The Treasury Department regards it as incumbent upon all persons governed by the Regulations to take reasonable steps to ascertain for themselves whether persons with whom they deal are owned or controlled by, or acting or purporting to act on behalf of, the Government of Libya, or on behalf of other countries subject to blocking or transactional restrictions administered by FAC. Section 206 of the International Emergency Economic Powers Act, 50 U.S.C. 1705, provides for civil penalties not to exceed $10,000 for each violation of the Regulations. Criminal violations of the Regulations are punishable by fines of up to $250,000 or imprisonment for up to 10 years per count, or both, for individuals and criminal fines of up to $500,000 per count for organizations. See 50 U.S.C. 1705; 18 U.S.C. 3571. Because the Regulations involve a foreign affairs function, Executive Order 12866 and the provisions of 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. List of Subjects in 31 CFR Part 550 Administrative practice and procedure, Banks, banking, Blocking of assets, Exports, Foreign investment, Foreign trade, Government of Libya, Imports, Libya, Loans, Penalties, Reporting and recordkeeping requirements, Securities, Services, Specially designated nationals, Travel restrictions. For the reasons set forth in the preamble, 31 CFR part 550 is amended as set forth below: PART 550--LIBYAN SANCTIONS REGULATIONS 1. The authority citation for part 550 continues to read as follows: Authority: 50 U.S.C. 1701-1706; 50 U.S.C. 1601-1651; 22 U.S.C. 287c; 49 U.S.C. App. 1514; 22 U.S.C. 2349aa-8 and 2349aa-9; 3 U.S.C. 301; E.O. 12543, 51 FR 875, 3 CFR, 1986 Comp., p. 181; E.O. 12544, 51 FR 1235, 3 CFR, 1986 Comp., p. 183; E.O. 12801, 57 FR 14319, 3 CFR, 1992 Comp., p. 294. 2. Appendix A to part 550 is amended by adding the following entries in alphabetical order, to read as follows: APPENDIX A TO PART 550--ORGANIZATIONS DETERMINED TO BE WITHIN THE TERM ``GOVERNMENT OF LIBYA'' (SPECIALLY DESIGNATED NATIONALS OF LIBYA) * * * * * HOTEL MILANO DUE, Gzira, Malta. * * * * * MARINA SAN GORG CO. LTD. (a.k.a. Marina San Gorg Holiday Complex), Malta. * * * * * MISTRA VILLAGE LTD. 22 Europa Centre, Floriana, Malta (registered address); Xemija Hill, St. Paul's Bay, Malta (operating address). * * * * * Dated: June 28, 1995. R. Richard Newcomb, Director, Office of Foreign Assets Control. Approved: June 30, 1995. Dennis M. O'Connell, Acting Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement). [FR Doc. 95-18204 Filed 7-20-95; 11:41 am] BILLING CODE 4810-25-F