[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)] [Rules and Regulations] [Pages 43924-43936] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-20831] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 590 UNITA (Angola) Sanctions Regulations: Implementation of Executive Orders 13069 and 13098 AGENCY: Office of Foreign Assets Control, Department of the Treasury. ACTION: Final rule; amendments. ----------------------------------------------------------------------- SUMMARY: The Office of Foreign Assets Control of the U.S. Department of the Treasury is amending the UNITA (Angola) Sanctions Regulations to implement Executive Order 13069 of December 12, 1997, and Executive Order 13098 of August 18, 1998, prohibiting certain transactions with respect to the National Union for the Total Independence of Angola (``UNITA'') and to make other technical and conforming changes. EFFECTIVE DATE: August 12, 1999. FOR FURTHER INFORMATION CONTACT: John T. Roth, Chief, Policy Planning and Program Management, tel.: 202/622-2500, or William B. Hoffman, Chief Counsel, tel.: 202/622-2410, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220. 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 disk or paper copies. This file is available for downloading without charge in ASCII and Adobe AcrobatR readable (*.PDF) formats. For Internet access, the address for use with the World Wide Web (Home Page), Telnet, or FTP protocol is: fedbbs.access.gpo.gov. The document is also accessible for downloading in ASCII format without charge from Treasury's Electronic Library (``TEL'') in the ``Research Mall'' of the FedWorld bulletin board. By modem, dial 703/321-8020, 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). Additional information concerning the programs of the Office of Foreign Assets Control is available for downloading from the Office's Internet Home Page: http://www.treas.gov/ofac, or in fax form through the Office's 24-hour fax-on-demand service: call 202/622-0077 using a fax machine, fax modem, or (within the United States) a touch- tone telephone. Background On September 26, 1993, in view of United Nations Security Council Resolution No. 864 of September 15, 1993, President Clinton issued E.O. 12865, 58 FR 51005, 3 CFR, 1993 Comp., p.636, declaring a national emergency with respect to UNITA's actions in Angola and placing sanctions on UNITA. Executive Order 12865 prohibits the sale or supply by United States persons, or from the United States or using U.S.- registered vessels or aircraft, of arms, arms-related materiel of all types, petroleum, and petroleum products, regardless of their origin, to the territory of Angola, other than through designated points of entry, or to UNITA. Executive Order 12865 also prohibits any activity by U.S. persons or in the United States that promotes or is calculated to promote such prohibited sale or supply. On December 10, 1993, the Office of Foreign Assets Control of the Department of the Treasury (``OFAC'') implemented Executive Order 12865 by promulgating the UNITA (Angola) Sanctions Regulations, 31 CFR Part 590 (the ``Regulations''). On December 12, 1997, President Clinton issued Executive Order 13069, 62 FR 65989, 3 CFR, 1997 Comp., p.232, placing additional sanctions on UNITA, taking into account the provisions of United Nations Security Council Resolutions 1127 of August 28, 1997, and 1130 of September 29, 1997. Effective 12:01 a.m. EST on December 15, 1997, Executive Order 13069 closes all UNITA offices in the United States and prohibits various aircraft-related transactions. Specifically, section 2(a) of Executive Order 13069 prohibits the sale, supply, or making available in any form by United States persons, or from the United States or using U.S.-registered vessels or aircraft, of aircraft or aircraft components, regardless of their origin, to the territory of Angola, other than through designated points of entry, or to UNITA. Section 2(b) prohibits the insurance, engineering, or servicing of UNITA aircraft by United States persons or from the United States. Section 2(c) prohibits the granting of takeoff, landing, or overflight permission to any aircraft on flights or continuations of flights to or from the territory of Angola other than to or from designated places in Angola. Section 2(d) prohibits the provision of engineering and maintenance servicing, the certification of airworthiness, the payment of new insurance claims against existing insurance contracts, and the provision, renewal, or making available of direct insurance by a United States person or from the United States with respect to any aircraft registered in Angola, except designated aircraft, and with respect to any aircraft that have entered the territory of Angola other than through designated points of entry. On August 18, 1998, President Clinton issued Executive Order 13098, 63 FR 44771, 3 CFR, 1998 Comp., p.206, placing further sanctions on UNITA, taking into account the provisions of United Nations Security Council Resolutions 1173 of June 12, 1998, and 1176 of June 24, 1998. These additional sanctions went into effect at 12:01 a.m. EDT on August 19, 1998. Section 1 of Executive Order 13098 blocks all property and interests in property of UNITA, designated senior UNITA officials, and designated adult members of their immediate families if the property or property interests are in the United States, hereafter come within the United States, or are or hereafter come within the possession or control of United States persons. Section 2 prohibits the importation into the United States of all diamonds exported from Angola that are not controlled through the Certificate of Origin regime of the Angolan Government of Unity and National Reconciliation (the ``GURN''). Section 2 also prohibits the [[Page 43925]] sale or supply by United States persons, or from the United States or using U.S.-registered vessels or aircraft, of equipment used in mining and of motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft, regardless of their origin, to the territory of Angola other than through designated points of entry. Finally, section 2 prohibits the sale or supply by U.S. persons, or from the United States or using U.S.-registered vessels or aircraft, of mining services or ground or waterborne transportation services, regardless of their origin, to persons in designated areas of Angola to which the GURN's State administration has not been extended. Accordingly, to implement Executive Orders 13069 and 13098, and to make technical and conforming changes, OFAC is amending the Regulations. Since the amendments are extensive, part 590 is being reissued in its entirety. New prohibitions are added to the Regulations to reflect the new sanctions imposed in Executive Orders 13069 and 13098, and certain existing prohibitions are renumbered. The text of existing Sec. 590.202 has been replaced by new language implementing section 1 of Executive Order 13069, requiring the closure of all UNITA offices located in the United States. The text of existing Sec. 590.203 has been moved to new Sec. 590.211 and replaced by new language implementing the aircraft- related prohibitions contained in section 2 of Executive Order 13069 that are within the Treasury Department's jurisdiction. Thus, Sec. 590.203 now prohibits the sale, supply, or making available in any form by United States persons, or from the United States or using U.S.- registered vessels or aircraft, of aircraft or aircraft components, regardless of origin, to the territory of Angola, other than through a point of entry designated in new appendix B to part 590, or to UNITA. Section 590.203 also prohibits the insuring, engineering, or servicing by United States persons or from the United States of any aircraft owned or controlled by UNITA. Finally, Sec. 590.203 prohibits the provision or making available of engineering and maintenance servicing, the payment of new claims against insurance contracts in existence as of December 15, 1997, and the provision, renewal, or making available of direct insurance by United States persons or from the United States after December 14, 1997, with respect to aircraft registered in Angola, other than aircraft designated in new appendix C to part 590, or with respect to any aircraft that have entered the territory of Angola other than through a point of entry designated in new appendix B to part 590. (Provisions in section 2 of Executive Order 13069 relating to the granting of takeoff, landing, and overflight permission to certain aircraft and the certification of airworthiness for certain aircraft are not addressed by this final rule, but instead are implemented by the Department of Transportation.) Section 590.204 of the Regulations, implementing section 2(b) of Executive Order 13098, prohibits the sale or supply by United States persons, or from the United States or using U.S.-registered vessels or aircraft, of equipment used in mining, regardless of origin, to the territory of Angola other than through a point of entry designated in new appendix B to part 590. Section 590.205 of the Regulations, implementing section 2(c) of Executive Order 13098, imposes the same prohibition with respect to motorized vehicles, watercraft, and spare parts for motorized vehicles or watercraft. Section 590.206 of the Regulations, implementing section 2(d) of Executive Order 13098, prohibits the sale or supply by United States persons, or from the United States or using U.S.-registered vessels or aircraft, of mining services or ground or waterborne transportation services, regardless of origin, to persons in areas of Angola to which the GURN's State administration has not been extended, as designated in new appendix D to part 590. Section 590.207 of the Regulations, implementing section 1 of Executive Order 13098, blocks 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 UNITA and those senior UNITA officials or adult members of their immediate families designated by the Secretary of the Treasury or the Secretary's delegate. As defined in Sec. 590.314 of the Regulations, UNITA includes all persons owned or controlled by or acting for or on behalf of UNITA. Section 590.209 and 590.210 of the Regulations detail the effect of transfers of blocked property in violation of the Regulations and the required holding of blocked property in interest-bearing accounts. Section 590.208 of the Regulations, implementing section 2(a) of Executive Order 13098, prohibits the direct or indirect importation into the United States of all diamonds exported from Angola after August 18, 1998, unless those diamonds are controlled through the Certificate of Origin regime of the GURN. Various new definitions are added to the Regulations, several existing definitions are revised, and all of the definitions are placed in alphabetical order and renumbered accordingly. Due to the substantial increase in regulated commodities that are not normally controlled for export as dual-use items, OFAC has decided to discontinue use of the Commerce Control List as the primary reference for defining the broad categories of commodities now regulated by the Regulations and to reference instead the relevant chapters, headings, and subheadings of Harmonized Tariff Schedule of the United States (``HTS''). Thus, the term ``aircraft or aircraft components'' is defined in Sec. 590.301 of the Regulations by reference to the relevant chapter of the HTS. Similarly, the terms ``diamonds,'' ``equipment used in mining,'' and ``motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft'' are defined in Secs. 590.305, 590.308, and 590.313 respectively by reference to the relevant HTS subheadings. For consistency, the existing definitions for ``arms and related materiel'' and ``petroleum and petroleum products,'' now located at Secs. 590.302 and 590.316 respectively, have been modified by replacing the references to the Commerce Control List with references to the relevant chapters of the HTS. (However, in appendix A to part 590, which lists various arms and related materiel, references to Commerce Control List categories have been retained and updated as an additional guide for exporters.) The terms ``controlled through the Certificate of Origin regime of the Angolan Government of Unity and National Reconciliation'' and ``mining services or ground or waterborne transportation services'' are defined in Secs. 590.304 and 590.312 respectively, and numerous definitions are added to clarify the scope of the blocking ordered in Sec. 590.207 of the Regulations. To implement the definition of ``UNITA'' in Executive Orders 13069 and 13098, the definition of the term ``National Union for the Total Independence of Angola,'' or ``UNITA,'' located at Sec. 590.314, is expanded to include ``the Center for Democracy in Angola (CEDA),'' the successor to the Free Angola Information Services, Inc. Finally, the definition of ``effective date'' in Sec. 590.306 is amended to include the effective dates of all new prohibitions contained in the Regulations. Subpart D of the Regulations is amended to include interpretive sections relating to blocked property and interests in property and the new import and export restrictions. The existing interpretive sections concerning [[Page 43926]] transshipments through the United States and transshipments through third countries are revised to include the commodities and services covered by the new prohibitions. Subpart E of the Regulations is amended to include several general licenses and to indicate that OFAC will consider granting specific licenses for transactions for medical and humanitarian purposes otherwise prohibited under Secs. 590.203 through 590.208 of the Regulations. Subpart F of the Regulations is amended to reflect the relocation of sections relating to OFAC records and reports to subpart C of 31 CFR part 501. Technical and conforming changes are made to subpart G of the Regulations, relating to penalties. Subpart H of the Regulations is amended to reflect the relocation of sections containing 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) to subpart D of 31 CFR part 501. Subpart I of the Regulations is amended to include a Paperwork Reduction Act notice. Five new appendices are added to the Regulations. Appendix B to part 590 contains the list of points of entry in the territory of Angola designated for the purposes of the exceptions to certain prohibitions in Secs. 590.201, 590.203, 590.204, and 590.205. The list of these points of entry currently contained in Sec. 590.201(b) is removed and transferred to new appendix B to part 590. This amendment will allow both the existing and new sections to refer to the same list of designated points of entry without unneeded repetition. Appendix C to part 590 contains the list of designated aircraft to which certain prohibitions contained in Sec. 590.203 do not apply. Appendix D to part 590 lists those areas to which the GURN's State administration has not been extended for purposes of the prohibition in Sec. 590.206. Appendices E and F to part 590 are non-exhaustive lists of the items considered to be equipment used in mining, motorized vehicles, watercraft, and spare parts for motorized vehicles and watercraft, which are subject to the prohibitions in Secs. 590.204 and 590.205. Other technical amendments are also made. Since the Regulations involve a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553) (the ``APA'') 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 As authorized in the APA, the Regulations are being issued without prior notice and public comment. The collections of information related to the Regulations are contained in 31 CFR part 501 (the ``Reporting and Procedures 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 (``OMB'') 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 590 Administrative practice and procedure, Aircraft, Aircraft services, Angola, Arms and munitions, Blocking of assets, Diamonds, Exports, Foreign trade, Imports, Insurance, Mining equipment, Mining services, Motorized vehicles, National Union for the Total Independence of Angola, Penalties, Petroleum, Reporting and recordkeeping requirements, Shipping, Transportation services, UNITA, Vessels. For the reasons set forth in the preamble, 31 CFR part 590 is revised to read as follows: PART 590--ANGOLA (UNITA) SANCTIONS REGULATIONS Subpart A--Relation of This Part to Other Laws and Regulations Sec. 590.101 Relation of this part to other laws and regulations. Subpart B--Prohibitions 590.201 Prohibited sale or supply of arms, arms materiel, petroleum, or petroleum products. 590.202 Required closure of UNITA offices in the United States. 590.203 Prohibited aircraft-related transactions. 590.204 Prohibited sale or supply of equipment used in mining. 590.205 Prohibited sale or supply of motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft. 590.206 Prohibited sale or supply of mining services or ground or waterborne transportation services. 590.207 Prohibited transactions involving blocked property. 590.208 Prohibited importation of diamonds. 590.209 Effect of transfers violating the provisions of this part. 590.210 Holding of funds in interest-bearing accounts; investment and reinvestment. 590.211 Evasions; attempts; conspiracies. Subpart C--General Definitions 590.301 Aircraft or aircraft components. 590.302 Arms and related materiel. 590.303 Blocked account; blocked property. 590.304 Controlled through the Certificate of Origin Regime of the Angolan Government of Unity and National Reconciliation. 590.305 Diamonds. 590.306 Effective date. 590.307 Entity. 590.308 Equipment used in mining. 590.309 General license. 590.310 Interest. 590.311 License. 590.312 Mining services or ground or waterborne transportation services. 590.313 Motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft. 590.314 National Union for the Total Independence of Angola; UNITA. 590.315 Person. 590.316 Petroleum and petroleum products. 590.317 Property; property interest. 590.318 Specific license. 590.319 Transfer. 590.320 United States. 590.321 United States person; U.S. person. 590.322 U.S. financial institution. Subpart D--Interpretations 590.401 Reference to amended sections. 590.402 Effect of amendment. 590.403 Termination and acquisition of an interest in blocked property. 590.404 Setoffs prohibited. 590.405 Transactions incidental to a licensed transaction. 590.406 Offshore transactions. 590.407 Transshipments through the United States prohibited. 590.408 Exports to third countries; transshipments. 590.409 Payments from blocked accounts to U.S. exporters and for other obligations prohibited. 590.410 Provision of services. 590.411 Importation of diamonds mined outside of Angola. 590.412 Importation into and release from a bonded warehouse or foreign trade zone. Subpart E--Licenses, Authorizations, and Statements of Licensing Policy 590.501 General and specific licensing procedures. 590.502 Effect of license. 590.503 Exclusion from licenses. 590.504 Exemptions for medical and humanitarian purposes. 590.505 Payments and transfers to blocked accounts in U.S. financial institutions. 590.506 Entries in certain accounts for normal service charges authorized. 590.507 Provision of certain legal services authorized. 590.508 Investment and reinvestment of certain funds. [[Page 43927]] Subpart F--Reports 590.601 Records and reports. Subpart G--Penalties 590.701 Penalties. 590.702 Prepenalty notice. 590.703 Response to prepenalty notice; informal settlement. 590.704 Penalty imposition or withdrawal. 590.705 Administrative collection; referral to United States Department of Justice. Subpart H--Procedures 590.801 Procedures. 590.802 Delegation by the Secretary of the Treasury. Subpart I--Paperwork Reduction Act 590.901 Paperwork Reduction Act notice. Appendix A to Part 590--Arms and Related Materiel Appendix B to Part 590--Designated Points of Entry in the Territory of Angola Appendix C to Part 590--Designated Aircraft of Angolan Registry [Reserved] Appendix D to Part 590--Designated Areas of Angola to Which State Administration Has Not Been Extended Appendix E to Part 590--Equipment Used in Mining (Harmonized Tariff Schedule Subheadings) Appendix F to Part 590--Motorized Vehicles, Watercraft, or Spare Parts for Motorized Vehicles or Watercraft (Harmonized Tariff Schedule Subheadings) Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 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); E.O. 12865, 58 FR 51005, 3 CFR, 1993 Comp., p.636; E.O. 13069, 62 FR 65989, 3 CFR, 1997 Comp., p.232; E.O. 13098, 63 FR 44771, 3 CFR, 1998 Comp., p.206 Subpart A--Relation of This Part to Other Laws andRegulations Sec. 590.101 Relation of this part to other laws and regulations. (a) This part is separate from, and independent of, the other parts of this chapter, with the exception of part 501 of this chapter, the provisions 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 contexts 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. (b) No license 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. 590.201 Prohibited sale or supply of arms, arms materiel, petroleum, or petroleum products. Except as otherwise authorized, the sale or supply by United States persons, or from the United States or using U.S.-registered vessels or aircraft, or any activity by United States persons or in the United States that promotes or is calculated to promote the sale or supply, of arms and related materiel of all types (as defined in Sec. 590.302) or petroleum and petroleum products (as defined in Sec. 590.316), regardless of origin, is prohibited if such sale or supply is to: (a) UNITA; or (b) The territory of Angola other than through a point of entry designated in appendix B to this part. Note to Sec. 590.201: The exportation of arms-related items to Angola may require separate authorization from the Bureau of Export Administration, U.S. Department of Commerce, under the Export Administration Regulations, 15 CFR subchapter C. Sec. 590.202 Required closure of UNITA offices in the United States. Except as otherwise authorized, all UNITA offices operating in the United States shall immediately and completely close. Sec. 590.203 Prohibited aircraft-related transactions. Except as otherwise authorized, the following are prohibited: (a) The sale, supply, or making available in any form by United States persons, or from the United States or using U.S.-registered vessels or aircraft, of any aircraft or aircraft components (as defined in Sec. 590.301), regardless of origin, to: (1) UNITA; or (2) The territory of Angola other than through a point of entry designated in appendix B to this part; Note to paragraph (a): The exportation of aircraft-related items to Angola may require separate authorization from the Bureau of Export Administration, U.S. Department of Commerce, under the Export Administration Regulations, 15 CFR subchapter C. (b) The insurance, engineering, or servicing by United States persons or from the United States of any aircraft owned or controlled by UNITA; (c) The provision or making available of engineering and maintenance servicing, the payment of new claims against existing insurance contracts, or the provision, renewal, or making available of direct insurance by United States persons or from the United States with respect to any aircraft that: (1) Is registered in Angola other than aircraft designated in appendix C to this part; or (2) Has entered the territory of Angola other than through a point of entry designated in appendix B to this part. Note to Sec. 590.203: Additional prohibitions exist on (1) the granting of takeoff, landing, and overflight permission for aircraft that are en route to or from a point in the territory of Angola other than a point of entry designated in appendix B to this part, and (2) the certification of airworthiness with respect to any aircraft registered in Angola, other than aircraft designated in appendix C to this part, or with respect to any aircraft that has entered Angola other than through a point of entry designated in appendix B to this part. These prohibitions are not included in this part because they fall within the jurisdiction of the U.S. Department of Transportation and the Federal Aviation Administration. Persons involved in these transactions are directed to review the rules of the Department of Transportation and the Federal Aviation Administration or to contact those agencies for assistance. Sec. 590.204 Prohibited sale or supply of equipment used in mining. Except as otherwise authorized, the sale or supply by United States persons, or from the United States or using U.S.-registered vessels or aircraft, of equipment used in mining (as defined in Sec. 590.308), regardless of origin, to the territory of Angola other than through a point of entry designated in appendix B to this part is prohibited. Note to Sec. 515.204: The export to Angola of equipment used in mining is also subject to the Export Administration Regulations, 15 CFR subchapter C, and may require separate authorization from the Bureau of Export Administration, U.S. Department of Commerce. Sec. 590.205 Prohibited sale or supply of motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft. Except as otherwise authorized, the sale or supply by United States persons, or from the United States or using U.S.-registered vessels or aircraft, of motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft (as defined in Sec. 590.313), regardless of origin, to the territory of Angola other than through a point of entry designated in appendix B to this part is prohibited. Note to Sec. 515.204: The export to Angola of motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft is also subject to the Export Administration Regulations, 15 CFR subchapter C, and may require separate authorization from the Bureau of Export Administration, U.S. Department of Commerce. [[Page 43928]] Sec. 590.206 Prohibited sale or supply of mining services or ground or waterborne transportation services. Except as otherwise authorized, the sale or supply by United States persons, or from the United States or using U.S.-registered vessels or aircraft, of mining services or ground or waterborne transportation services (as defined in Sec. 590.312), regardless of origin, to persons in areas of Angola to which State administration has not been extended, as designated in appendix D to this part, is prohibited. Sec. 590.207 Prohibited transactions involving blocked property. (a) Except as otherwise authorized, no property or 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 United States persons, including their overseas branches, of UNITA or of those senior officials of UNITA or adult members of their immediate families who are designated by the Secretary of the Treasury or the Secretary's delegate may be transferred, paid, exported, withdrawn, or otherwise dealt in. Note to paragraph (a) of Sec. 590.207: Please refer to the appendices at the end of this chapter V for listings of senior officials of UNITA and adult members of their immediate families designated pursuant to this section. Section 501.807 of this chapter V sets forth the procedures to be followed by persons seeking administrative reconsideration of their designation or who wish to assert that the circumstances resulting in designation no longer apply. (b) 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 any person whose property is blocked pursuant to 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 any such security or the endorsement or guaranty of signatures on any such security. This prohibition applies irrespective of the fact that at any time (either prior to, on, or subsequent to the effective date) the registered or inscribed owner of any such security may have or appears to have assigned, transferred, or otherwise disposed of the security. (c) When a transaction results in the blocking of funds at a financial institution pursuant to this section and a party to the transaction believes the funds have been blocked due to mistaken identity, that party may seek to have such funds unblocked pursuant to the administrative procedures set forth in Sec. 501.806 of this chapter. Sec. 590.208 Prohibited importation of diamonds. Except as otherwise authorized, the direct or indirect importation into the United States on or after 12:01 a.m. EDT on August, 19, 1998, of all diamonds (as defined in Sec. 590.305) exported from Angola that are not controlled through the Certificate of Origin regime of the Angolan Government of Unity and National Reconciliation (as defined in Sec. 590.304) is prohibited. Sec. 590.209 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. 590.207(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 interest. (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. 590.207(a), unless the person with whom such property is held or maintained, 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 the International Emergency Economic Powers Act, the United Nations Participation Act, this part, and any regulation, order, directive, ruling, instruction, or license issued pursuant to this part. (d) Property transfers 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 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 was held or maintained; (2) The person with whom such property 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 issued pursuant to this part and was not so licensed, or if a license did purport to cover the transfer, that such license 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 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, direction, or license 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. 590.209: 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 of Sec. 590.207 there existed an interest of a person whose property is blocked pursuant to Sec. 590.207(a). Sec. 590.210 Holding of funds in interest-bearing accounts; investment and reinvestment. (a) Except as provided in paragraph (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. 590.207(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: [[Page 43929]] (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, 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 sub-account, 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. 590.207(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 paragraph (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. 590.207(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 at the time the property becomes subject to Sec. 590.207(a). However, the Office of Foreign Assets Control may issue licenses permitting or directing such sales 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 persons whose property is blocked pursuant to Sec. 590.207(a), nor may their holder cooperate in or facilitate the pledging or other attempted use as collateral of blocked funds or other assets. Sec. 590.211 Evasions; attempts; conspiracies. Any transaction by any United States 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. Any conspiracy formed for the purpose of engaging in a transaction prohibited by this part is prohibited. Subpart C--General Definitions Sec. 590.301 Aircraft or aircraft components. The term aircraft or aircraft components means all aircraft, spacecraft, and parts thereof described in chapter 88 of the Harmonized Tariff Schedule of the United States and any other items that the supplier knows or has reason to know are intended to be used as a part or spare part of an aircraft or spacecraft. Sec. 590.302 Arms and related materiel. The term arms and related materiel means all items listed in appendix A to this part; all items described in chapter 93 of the Harmonized Tariff Schedule of the United States; any other items designed as or for use with a weapon; all items controlled under the International Traffic in Arms Regulations, 22 CFR parts 120 through 130; and any other items controlled for export as arms or related materiel by any office or agency of the United States. Sec. 590.303 Blocked account; blocked property. The terms blocked account and blocked property mean any account or property subject to the prohibition in Sec. 590.207, held in the name of a person whose property is blocked pursuant to Sec. 590.207(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 a license from the Office of Foreign Assets Control authorizing such action. Sec. 590.304 Controlled through the Certificate of Origin regime of the Angolan Government of Unity and National Reconciliation. The term controlled through the Certificate of Origin regime of the Angolan Government of Unity and National Reconciliation means accompanied by any documentation that demonstrates to the satisfaction of the United States Customs Service (or analogous officials of a United States territory or possession with its own customs administration) that the diamonds were legally exported from Angola with the approval of the Angolan Government of Unity and National Reconciliation. Sec. 590.305 Diamonds. The term diamonds means all diamonds described in heading 7102 of the Harmonized Tariff Schedule of the United States; all diamond dust described in subheading 7105.10 of the Harmonized Tariff Schedule of the United States; all diamond jewelry described in subheadings 7116.20.05-.15 of the Harmonized Tariff Schedule of the United States; and any items described elsewhere in the Harmonized Tariff Schedule of the United States containing diamonds or diamond dust. Sec. 590.306 Effective date. The term effective date refers to each of the effective dates of the applicable prohibitions and directives of this part as follows: (a) With respect to Sec. 590.201 and any prohibitions under Sec. 590.211 related to Sec. 590.201, 4:35 p.m. EDT on September 26, 1993. (b) With respect to Secs. 590.202 and 590.203 and any prohibitions under Sec. 590.211 related to Secs. 590.202 or 590.203, 12:01 a.m. EST on December 15, 1997. (c) With respect to Secs. 590.204, 590.205, 590.206, 590.207, 590.208, 590.209, and 590.210 and any prohibitions under Sec. 590.211 related to Secs. 590.204, 590.205, 590.206, 590.207, 590.208, 590.209, or 590.210, 12:01 a.m. EDT on August, 19, 1998, or in the case of senior officials of UNITA or adult members of their immediate families who are designated after that date, the earlier of the date on which a person receives actual or constructive notice of such designation. Sec. 590.307 Entity. The term entity means a partnership, association, trust, joint venture, corporation, or other organization. Sec. 590.308 Equipment used in mining. The term equipment used in mining means all items described in any of the Harmonized Tariff Schedule subheadings listed in appendix E to this part and any other equipment that the supplier knows or has reason to know is intended for use in the activities of prospecting or mining. Sec. 590.309 General license. The term general license means any license the terms of which are set forth in this part. Sec. 590.310 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. [[Page 43930]] Sec. 590.311 License. Except as otherwise specified, the term license means any license or authorization contained in or issued pursuant to this part. Sec. 590.312 Mining services or ground or waterborne transportation services. The term mining services or ground or waterborne transportation services means any services that are part of prospecting, mining, or carrying persons or cargo by land or water. Sec. 590.313 Motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft. The term motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft means all items described in any of the Harmonized Tariff Schedule subheadings listed in Appendix F to this part and any other items that the supplier knows or has reason to know are intended for use as motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft. Sec. 590.314 National Union for the Total Independence of Angola; UNITA. The term National Union for the Total Independence of Angola, or UNITA, includes: (a) Any entity, political subdivision, agency, or instrumentality of UNITA, including without limitation: (1) The Uniao Nacional para a Independencia Total de Angola (UNITA), known in English as the ``National Union for the Total Independence of Angola''; (2) The Forcas Armadas para a Liberacao de Angola (FALA), known in English as the ``Armed Forces for the Liberation of Angola''; (3) The Free Angola Information Service, Inc.; and (4) The Center for Democracy in Angola (CEDA); (b) Any person or entity substantially owned or controlled by any of the foregoing; (c) Any person to the extent that such person is or has been, or to the extent that there is reasonable cause to believe that such person is or has been, since the effective date, acting or purporting to act directly or indirectly for or on behalf of any of the foregoing; and (d) Any other person determined by the Director of the Office of Foreign Assets Control to be included within paragraphs (a) through (c) of this section. Sec. 590.315 Person. The term person means an individual or entity. Sec. 590.316 Petroleum and petroleum products. The term petroleum and petroleum products means all items described in chapter 27 of the Harmonized Tariff Schedule of the United States and any synthetic or part-synthetic replacement therefore. Sec. 590.317 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, whether present, future, or contingent. Sec. 590.318 Specific license. The term specific license means any license not set forth in this part but issued pursuant to this part. Sec. 590.319 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. Without limitation upon the foregoing, the term transfer includes 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; the service of any garnishment; the acquisition of any 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. 590.320 United States. The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority thereof. Sec. 590.321 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 (including foreign branches), or any person in the United States. Sec. 590.322 U.S. financial institution. The term U.S. financial institution means any U.S. entity (including 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, as principal or agent. This terms includes but is 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 which are located in the United States, but not such institutions' headquarters, branches, offices, or agencies. Subpart D--Interpretations Sec. 590.401 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, [[Page 43931]] instruction, direction, or license issued pursuant to this part refers to the same as currently amended. Sec. 590.402 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. 590.403 Termination and acquisition of an interest in blocked property. (a) Whenever a transaction licensed pursuant to this part results in the transfer of property (including any property interest) away from a person whose property is blocked pursuant to Sec. 590.207(a), the transferred property will no longer be considered property in which that person has or has had an interest. Provided no other person whose property is blocked pursuant to Sec. 590.207(a) has any interest in the transferred property following the transfer, the transferred property will no longer be considered property blocked pursuant to Sec. 590.207(a). (b) Unless otherwise specifically provided in a license issued pursuant to this part, if property (including any property interest) is transferred or attempted to be transferred to a person whose property is blocked pursuant to Sec. 590.207(a), such property shall be deemed to be property in which that person has an interest, and such property is therefore blocked pursuant to Sec. 590.207(a). Sec. 590.404 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. 590.207(a) if effected after the effective date. Sec. 590.405 Transactions incidental to a licensed transaction. Any transaction ordinarily incident to a licensed transaction and necessary to give effect to the licensed transaction is also authorized by the license. Except as specifically authorized by the terms of a license, prohibited transactions by persons whose property is blocked pursuant to Sec. 590.207(a) and debits to accounts blocked pursuant to Sec. 590.207(a) are not considered incidental to a licensed transaction and therefore remain prohibited. Sec. 590.406 Offshore transactions. (a) The prohibitions contained in Sec. 590.207 apply to transactions by any U.S. person in a location outside the United States with respect to property in which the U.S. person knows, or has reason to know, that a person whose property is blocked pursuant to Sec. 590.207(a) has or has had an interest since the effective date of Sec. 590.207. (b) Transactions by a U.S. person prohibited by Sec. 590.207 include but are not limited to: (1) Importation into or exportation from locations outside the United States of goods, technology, or services in which the U.S. person knows, or has reason to know, that a person whose property is blocked pursuant to Sec. 590.207(a) has or has had an interest since the effective date of Sec. 590.207. (2) Purchasing, selling, financing, swapping, insuring, transporting, lifting, storing, incorporating, transforming, brokering, or otherwise dealing in, within locations outside the United States, goods, technology, or services in which the U.S. person knows, or has reason to know, that a person whose property is blocked pursuant to Sec. 590.207(a) has or has had an interest since the effective date of Sec. 590.207. (c) Examples. (1) A U.S. person may not, within the United States or abroad, purchase, sell, finance, insure, transport, act as a broker for the sale or transport of, or otherwise deal in the personal possessions of any person whose property is blocked pursuant to Sec. 590.207(a). (2) A U.S. person may not, within the United States or abroad, enter into any contract for any goods or services with UNITA or with any other person whose property is blocked pursuant to Sec. 590.207(a). Sec. 590.407 Transshipments through the United States prohibited. (a) The prohibitions in Secs. 590.201, 590.203, 590.204, 590.205, and 590.206 apply to the importation into the United States, for transshipment or transit, of goods or services intended or destined to be sold, supplied, or provided in violation of Secs. 590.201, 590.203, 590.204, 590.205, or 590.206. (b) The prohibition in Sec. 590.208 applies to the importation into the United States, for transshipment or transit, of diamonds intended or destined for third countries if the diamonds were exported from Angola on or after 12:01 a.m. EDT on August 19, 1998 and are not controlled through the Certificate of Origin regime of the Angolan Government of Unity and National Reconciliation. In the case of diamonds transported by vessel, the prohibition in Sec. 590.208 applies to the unlading in the United States and the intent to unlade in the United States of diamonds intended or destined for third countries if the diamonds were exported from Angola on or after 12:01 a.m. EDT on August 19, 1998 and are not controlled through the Certificate of Origin regime of the Angolan Government of Unity and National Reconciliation. (c) Goods imported into or transshipped through the United States are blocked pursuant to Sec. 590.207(a) if those goods constitute property in which a person whose property is blocked pursuant to Sec. 590.207(a) has or has had an interest since the effective date of Sec. 590.207. Sec. 590.408 Exports to third countries; transshipments. (a) The prohibitions in Secs. 590.201 and 590.203 include the exportation of arms and related materiel, petroleum and petroleum products, and aircraft or aircraft components to third countries if the exporter knows or has reason to know that the goods are intended for reexportation or transshipment to the territory of Angola, other than through a point of entry designated in appendix B to this part, or to UNITA, including passage through or storage in intermediate destinations. (b) The prohibitions in Secs. 590.204 and 590.205 include the exportation of equipment used in mining, motorized vehicles, watercraft, or spare parts for motorized vehicles or watercraft to third countries if the exporter knows or has reason to know that the goods are intended for reexportation or transshipment to the territory of Angola other than through a point of entry designated in appendix B to this part, including passage through or storage in intermediate destinations. (c) The prohibitions in Sec. 590.206 include the exportation of mining services or ground or waterborne transportation services to third countries if the exporter knows or has reason to know that the services are intended for persons in areas of Angola to which State administration has not been extended, as designated in appendix D to this part. Sec. 590.409 Payments from blocked accounts to U.S. exporters and for other obligations prohibited. No debits may be made to a blocked account to pay obligations to U.S. [[Page 43932]] persons or other persons, including payment for goods or services exported prior to the effective date of the blocking, except as authorized pursuant to this part. Sec. 590.410 Provision of services. (a) The prohibitions contained in Sec. 590.207 apply to services performed by U.S. persons, wherever located: (1) On behalf of or for the benefit of a person whose property is blocked pursuant to Sec. 590.207(a); or (2) With respect to property interests of a person whose property is blocked pursuant to Sec. 590.207(a). (b) Example. U.S. persons may not, without specific authorization from the Office of Foreign Assets Control, represent an individual or entity with respect to contract negotiations, contract performance, commercial arbitration, or other business dealings with persons whose property is blocked pursuant to Sec. 590.207(a). See Sec. 590.507 on licensing policy with regard to the provision of certain legal services. Sec. 590.411 Importation of diamonds mined outside of Angola. The importation prohibition in Sec. 590.208 applies to diamonds exported from Angola whether or not those diamonds were mined in Angola. Sec. 590.412 Importation into and release from a bonded warehouse or foreign trade zone. The prohibition in Sec. 590.208 applies to importation into and release from a bonded warehouse or a foreign trade zone of the United States. However, Sec. 590.208 does not prohibit the release from a bonded warehouse or a foreign trade zone of diamonds exported from Angola and imported into that bonded warehouse or foreign trade zone prior to the effective date of Sec. 590.208. Subpart E--Licenses, Authorizations, and Statements of Licensing Policy Sec. 590.501 General and specific licensing procedures. For provisions relating to licensing procedures, see part 501, subpart D 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. 590.502 Effect of license. (a) No license contained in this part, or otherwise issued by or under the direction of the Director of the Office of Foreign Assets Control pursuant to this part, authorizes or validates any transaction effected prior to the issuance of the license, unless the prior transaction is specifically authorized in such license. (b) No regulation, ruling, instruction, or license authorizes any transaction prohibited by 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 authorizes any transaction prohibited by any 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 by this part has the effect of removing from the transaction a prohibition or prohibitions contained in this part, 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 that would not otherwise exist under ordinary principles of law in or with respect to any property. Sec. 590.503 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 all persons receiving actual or constructive notice of the exclusions or restrictions. Sec. 590.504 Exemptions for medical and humanitarian purposes. Specific licenses may be issued in appropriate cases for transactions otherwise prohibited by Secs. 590.203, 590.204, 590.205, 590.206, 590.207, or 590.208, including aircraft-related transactions and ground and waterborne transportation transactions, for medical and humanitarian purposes. Sec. 590.505 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 is blocked pursuant to Sec. 590.207(a) has any interest and 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 only be made to another blocked account held in the same name. Note to Sec. 590.505: Please refer to part 501, subpart C of this chapter for mandatory reporting requirements regarding financial transfers. See also Sec. 590.210 concerning the obligation to hold blocked funds in interest-bearing accounts. Sec. 590.506 Entries in certain accounts for normal service charges authorized. (a) U.S. financial institutions are hereby authorized to debit any blocked account with such U.S. financial institution in payment or reimbursement for normal service charges owed to such U.S. financial institution by the owner of such blocked account. (b) As used in this section, the term normal service charges includes but is not limited to charges in payment or reimbursement for interest due; cable, telegraph, or telephone charges; postage costs; custody fees; small adjustment charges to correct bookkeeping errors; 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. 590.507 Provision of certain legal services authorized. (a) The provision to or on behalf of a person whose property is blocked pursuant to Sec. 590.207(a) of the legal services set forth in paragraph (b) of this section is authorized, provided that all receipt of payment for such services must be specifically licensed. (b) Specific licenses may be issued on a case-by-case basis authorizing receipt from unblocked sources of payment of professional fees and reimbursement of incurred expenses for the following legal services by U.S. persons to a person whose property is blocked pursuant to Sec. 590.207(a): (1) Provision of legal advice and counseling on the requirements of and compliance with the laws of any jurisdiction within the United States, provided that such advice and counseling is not provided to facilitate transactions that would violate any prohibition contained in this chapter; (2) Representation of a person whose property is blocked pursuant to Sec. 590.207(a) when named as a defendant in or otherwise made a party to domestic U.S. legal, arbitration, or administrative proceedings; (3) Initiation and conduct of domestic U.S. legal, arbitration, or administrative [[Page 43933]] proceedings in defense of property interests subject to U.S. jurisdiction of a person whose property is blocked pursuant to Sec. 590.207(a); (4) Representation of a person whose property is blocked pursuant to Sec. 590.207(a) before any federal or state agency with respect to the imposition, administration, or enforcement of U.S. sanctions against such person; and (5) Provision of legal services in any other context in which prevailing U.S. law requires access to legal counsel at public expense. (c) The provision of any other legal services to a person whose property is blocked pursuant to Sec. 590.207(a), not otherwise authorized in this part, requires the issuance of a specific license. (d) Entry into a settlement agreement affecting property or interests in property of a person whose property is blocked pursuant to Sec. 590.207(a) 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 of a person whose property is blocked pursuant to Sec. 590.207(a) is prohibited unless specifically licensed in accordance with Sec. 590.209(e). Sec. 590.508 Investment and reinvestment of certain funds. U.S. financial institutions are authorized to invest and reinvest assets blocked pursuant to Sec. 590.207(a), 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 in no case may funds be transferred outside the United States for this purpose; (b) The proceeds of such investments and reinvestments are not 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 any person whose property is blocked pursuant to Sec. 590.207(a). Subpart F--Reports Sec. 590.601 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. 590.701 Penalties. (a) Attention is directed to section 206 of the International Emergency Economic Powers Act (the ``Act'') (50 U.S.C. 1705), which is applicable to violations 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 the Act. Section 206 of the Act, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as amended, 28 U.S.C. 2461 note), provides that: (1) A civil penalty not to exceed $11,000 per violation may be imposed on any person who violates or attempts to violate any license, order, or regulation issued under the Act; (2) Whoever willfully violates or willfully attempts to violate any license, order, or regulation issued under the Act, upon conviction, shall be fined not more than $50,000, and if a natural person, may also be imprisoned for not more than 10 years; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both. (b) The criminal penalties provided in the Act are subject to increase pursuant to 18 U.S.C. 3571. (c) Attention is directed to section 5 of the United Nations Participation Act (22 U.S.C. 287c(b)), 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, or if a natural person, may also be imprisoned for not more than 10 years; and any officer, director, or agent of any corporation who knowingly participates in such a violation or evasion shall be punished by a similar fine, imprisonment, or both; and any property, funds, securities, papers, other articles or documents, vessels together with their tackle, apparel, furniture, equipment, vehicle, or aircraft concerned in such violation shall be forfeited to the United States. The penalties provided in the United Nations Participation Act are subject to increase pursuant to 18 U.S.C. 3571. (d) Attention is also directed to 18 U.S.C. 1001, which provides that whoever, in any matter within the jurisdiction of any department or agency of the United States, knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry shall be fined under title 18, United States Code, or imprisoned not more than five years, or both. (e) Violations of this part may also be subject to relevant provisions of other applicable laws. Sec. 590.702 Prepenalty notice. (a) When required. If the Director of the Office of Foreign Assets Control has reasonable cause 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 the International Emergency Economic Powers Act, and the Director determines that further proceedings are warranted, the Director shall issue to the person concerned a notice of intent to impose a monetary penalty. This prepenalty notice shall be issued whether or not another agency has taken any action with respect to this matter. (b) Contents--(1) Facts of violation. The prepenalty notice shall describe the violation, specify the laws and regulations allegedly violated, and state the amount of the proposed monetary penalty. (2) Right to respond. The prepenalty notice also shall inform the respondent of respondent's right to make a written presentation within 30 days of the date of mailing of the notice as to why a monetary penalty should not be imposed or why, if imposed, the monetary penalty should be in a lesser amount than proposed. Sec. 537.703 Response to prepenalty notice; informal settlement. (a) Deadline for response. The respondent shall have 30 days from the date of mailing of the prepenalty notice to make a written response to the Director of the Office of Foreign Assets Control. (b) Form and contents of response. The written response need not be in any particular form, but must contain information sufficient to indicate that it is in response to the prepenalty notice. It should contain responses to the [[Page 43934]] allegations in the prepenalty notice and set forth the reasons why the respondent believes the penalty should not be imposed or why, if imposed, it should be in a lesser amount than proposed. (c) Informal settlement. In addition or as an alternative to a written response to a prepenalty notice issued pursuant to this section, the respondent or respondent's representative may contact the Office of Foreign Assets Control as advised in the prepenalty notice to propose the settlement of allegations contained in the prepenalty notice and related matters. In the event of settlement at the prepenalty stage, the claim proposed in the prepenalty notice will be withdrawn, the respondent will not be required to take a written position on allegations contained in the prepenalty notice, and the Office of Foreign Assets Control will make no final determination as to whether a violation occurred. The amount accepted in settlement of allegations in a prepenalty notice may vary from the civil penalty that might finally be imposed in the event of a formal determination of violation. In the event no settlement is reached, the 30-day period specified in paragraph (a) of this section for written response to the prepenalty notice remains in effect unless additional time is granted by the Office of Foreign Assets Control. Sec. 537.704 Penalty imposition or withdrawal. (a) No violation. If, after considering any response to a prepenalty notice and any relevant facts, the Director of the Office of Foreign Assets Control determines that there was no violation by the respondent named in the prepenalty notice, the Director promptly shall notify the respondent in writing of that determination and that no monetary penalty will be imposed. (b) Violation. If, after considering any response to a prepenalty notice and any relevant facts, the Director of the Office of Foreign Assets Control determines that there was a violation by the respondent named in the prepenalty notice, the Director promptly shall issue a written notice of the imposition of the monetary penalty to the respondent. (1) The penalty notice shall inform the respondent that payment of the assessed penalty must be made within 30 days of the date of mailing of the penalty notice. (2) The penalty notice shall inform the respondent of the requirement to furnish the respondent's taxpayer identification number pursuant to 31 U.S.C. 7701 and that such number will be used for purposes of collecting and reporting on any delinquent penalty amount. Sec. 537.705 Administrative collection; referral to United States Department of Justice. In the event that the respondent does not pay a penalty imposed pursuant to this part or make payment arrangements acceptable to the Director of the Office of Foreign Assets Control within 30 days of the date of mailing of a penalty notice, 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. 590.801 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 D of this chapter. Sec. 590.802 Delegation by the Secretary of the Treasury. Any action that the Secretary of the Treasury is authorized to take pursuant to Executive Orders 12865 (3 CFR, 1993 Comp., p. 636), 13069 (3 CFR, 1997 Comp., p. 232), and 13098 (63 FR 44771, Aug. 20, 1998), and any further Executive orders relating to the national emergency declared with respect to UNITA in Executive Order 12865 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. 590.901 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. Appendix A to Part 590--Arms and Related Materiel Note to Appendix A: Commerce Control List Export Control Commodity Numbers are provided in parenthesis at the end of each item as a convenience. (a) Spindle assemblies, consisting of spindles and bearings as a minimal assembly, except those assemblies with axial and radial axis motion measured along the spindle axis in one revolution of the spindle equal to or greater (coarser) than the following: (1) 0.0008 mm TIR (peak-to-peak) for lathes and turning machines; or (2) D x 2 x 10(-5) mm TIR (peak-to-peak) where D is the spindle diameter in millimeters for milling machines, boring mills, jig grinders, and machining centers (ECCNs 2B001 and 2B290); (b) Equipment for the production of military explosives and solid propellants, as follows: (1) Complete installations; and (2) Specialized components (for example, dehydration presses; extrusion presses for the extrusion of small arms, cannon and rocket propellants; cutting machines for the sizing of extruded propellants; sweetie barrels (tumblers) 6 feet and over in diameter and having over 500 pounds product capacity; and continuous mixers for solid propellants) (ECCN 1B018); (c) Specialized machinery, equipment, gear, and specially designed parts and accessories therefor, specially designed for the examination, manufacture, testing, and checking of the arms, appliances, machines, and implements of war (ECCN 2B018), ammunition hand-loading equipment for both cartridges and shotgun shells, and equipment specially designed for manufacturing shotgun shells (ECCN 0B986); (d) Construction equipment built to military specifications, specially signed for airborne transport (ECCN 0A018); (e) Vehicles specially designed for military purposes, as follows: (1) Specially designed military vehicles, excluding vehicles listed in the United States Munitions List, 22 CFR Part 121 (ECCN 9A018); (2) Pneumatic tire casings (excluding tractor and farm implement types), of a kind specially constructed to be bulletproof or to run when deflated (ECCN 9A018); (3) Engines for the propulsion of the vehicles enumerated above, specially designed or essentially modified for military use (ECCN 9A018); and (4) Specially designed components and parts to the foregoing (ECCN 9A018); (f) Pressure refuellers, pressure refueling equipment, and equipment specially designed to facilitate operations in confined areas and ground equipment, not elsewhere specified, developed specially for aircraft and helicopters, and specially designed parts and accessories, n.e.s. (ECCN 9A018); [[Page 43935]] (g) Specifically designed components and parts for ammunition, except cartridge cases, powder bags, bullets, jackets, cores, shells, projectiles, boosters, fuses and components, primers, and other detonating devices and ammunition belting and linking machines (ECCN 0A018); (h) Nonmilitary shotguns, barrel length 18 inches or over; and nonmilitary arms, discharge type (for example, stun-guns, shock batons, etc.), except arms designed solely for signal, flare, or saluting use; and parts, n.e.s. (ECCNs 0A984 and 0A985); (i) Shotgun shells, and parts (ECCN 0A986); (j) Military parachutes (ECCN 9A018); (k) Submarine and torpedo nets (ECCN 8A518); (l) Bayonets and muzzle-loading (black powder) firearms (ECCN 0A018). Appendix B to Part 590--Designated Points of Entry in the Territory of Angola (a) Airports: (1) Luanda (2) Katumbela, Benguela Province (b) Ports: (1) Luanda (2) Lobito, Benguela Province (3) Namibe, Namibe Province (c) Entry Points: (1) Malongo, Cabinda Province (2) [Reserved]. Appendix C to Part 590--Designated Aircraft of Angolan Registry [Reserved] Appendix D to Part 590--Designated Areas of Angola to Which State Administration Has Not Been Extended (a) Bie Province: (1) Municipalities: (A) Andulo (B) Cuemba (C) Nharea (2) Communities: (A) Cassumbe (B) Chivualo (C) Umpulo (D) Ringoma (E) Luando (F) Sachinemuna (G) Gamba (H) Dando (I) Calussinga (J) Munhango (K) Lubia (L) Caleie (M) Balo Horizonte (b) Cunene Province: (1) Municipalities: [Reserved] (2) Communities: (A) Cubati-Cachueca (B) [Reserved] (c) Huambo Province: (1) Municipalities: (A) Bailundo (B) Mungo (2) Communities: (A) Bimbe (B) Hungue-Calulo (C) Lungue (D) Luvemba (E) Cambuengo (F) Mundundo (G) Cacoma (d) K. Kubango Province: (1) Municipalities: [Reserved] (2) Communities: (A) Longa (B) Lulana (C) Luengue (e) Malange Province: (1) Municipalities: (A) Luquembo (B) Quirima (C) Cambudi Catembo (D) Massango (2) Communities: (A) Dumba-Kabango (B) Quitapa (C) Tala-Mungongo (D) Bembo (E) Caribo (F) Culamagia (G) Bange-Angola (H) Milando (I) Capunga (J) Cunga-Palanga (K) Dombo (L) Quibango (M) Rimba (N) Bangala (O) Moma (P) Sautar (Q) Cuale (R) Caxinga (S) Cateco-Cangola (T) Qulhuhu (U) Quinguengue (f) Moxico Province: (1) Municipalities: (A) Cangamba (B) Luau (C) Luacano (D) Cazombo (2) Communities: (A) Lovua (B) Mussuma (C) Sessa (D) Cachipoque (E) Cangombe (F) Cassamba (G) Muie (H) Caianda (I) Ninda (J) Chiume (K) Lutembo (L) Giambe (M) Tempue (N) Luvuei (O) Candundo (P) Macondo (Q) Sandando (R) Muangai (S) Lago-Dilolo (g) Uige Province: (1) Municipalities: (A) Bembe (B) [Reserved] (2) Communities: (A) Massau (B) Macola (C) Cuile-Camboso (D) Alto-Zaza (E) Cuango (F) Icoca (G) Lucunga (H) Mabaia (I) Beu (J) Cuilo Futa (K) Sacandica (h) Benguela Province: (1) Municipalities: [Reserved] (2) Communities: (A) Chicuma (B) Casseque (i) Lunda-Norte Province: (1) Municipalities: (A) Cuilo (B) [Reserved] (2) Communities: (A) Lovua (B) Bote ``Cassange-Calucala'' (C) Capala (D) Caluango (j) Kuanza-Norte Province: (1) Municipalities: (A) Banga (B) [Reserved] (2) Communities: (A) Samba-Lucala (B) Caculo-Cabaca (C) Carlamba (D) Aldeia-Nova (k) Lunda-Sul Province: (1) Municipalities: (A) Mucondo (B) [Reserved] (2) Communities: (A) Xassengue (B) Alto-Chicapa (C) Chiluage (D) Cazage (E) Luma-Cassai (F) Muriege (G) Cassai-Sul (l) Bengo Province: (1) Municipalities: [Reserved] (2) Communities: (A) Quiaje (B) [Reserved] Appendix E to Part 590--Equipment Used in Mining (Harmonized Tariff Schedule Subheadings) 8429.11.00, 8429.19.00, 8429.20.00, 8429.30.00, 8429.40.00, 8429.51.10, 8429.51.50, 8429.52.10, 8429.52.50, 8429.59.10, 8429.59.50 8430.10.00, 8430.31.00, 8430.39.00, 8430.41.00, 8430.49.80, 8430.61.00, 8430.62.00, 8430.69.00 8431.41.00, 8431.42.00, 8431.43.80, 8431.49.90 Appendix F to Part 590--Motorized Vehicles, Watercraft, or Spare Parts for Motorized Vehicles or Watercraft (Harmonized Tariff Schedule Subheadings) 8407.10.00, 8407.21.00, 8427.29.00, 8407.31.00, 8407.32.10, 8407.32.20, 8407.32.90, 8407.33.10, 8407.33.30, 8407.33.60, 8407.33.90, 8407.34.05, [[Page 43936]] 8407.34.14, 8407.34.18, 8407.34.25, 8407.34.35, 8407.34.44, 8407.34.48, 8407.34.55, 8407.90.10, 8407.90.90 8408.10.00, 8408.20.10, 8408.20.20, 8408.20.90, 8408.90.10, 8408.90.90 8409.10.00, 8409.91.10, 8409.90.30, 8409.91.50, 8409.91.92, 8409.91.99, 8409.99.10, 8409.99.91, 8409.99.92, 8409.99.99 8483.10.10, 8483.10.30, 8483.10.50 8601.10.00, 84601.20.00 8602.10.00, 8602.90.00 8603.10.00, 8603.90.00 8604.00.00 8605.00.00 8606.10.00, 8606.20.00, 8606.30.00, 8606.91.00, 8606.92.00, 8606.99.00 8607.11.00, 8607.12.00, 8607.19.03, 8607.19.06, 8607.19.12, 8607.19.15, 8607.19.30, 8607.19.90, 8607.21.10, 8607.21.50, 8607.29.10, 8607.29.50, 8607.30.10, 8607.30.50, 8607.91.00, 8607.99.10, 8607.99.50 8701.10.00, 8701.20.00, 8701.30.10, 8701.30.50, 8701.90.10, 8701.90.50 8702.10.30, 8702.10.60, 8702.90.30, 8702.90.60 8703.10.50, 8703.21.00, 8703.22.00, 8703.23.00, 8703.24.00, 8703.31.00, 8703.32.00, 8703.33.00, 8703.90.00 8704.10.10, 8704.10.50, 8704.21.00, 8704.22.10, 8704.22.50, 8704.23.00, 8704.31.00, 8704.32.00, 8704.90.00 8705.10.00, 8705.20.00, 8705.30.00, 8705.40.00, 8705.90.00 8706.00.03, 8706.00.05, 8706.00.15, 8706.00.25, 8706.00.30, 8706.00.50 8707.10.00, 8707.90.10, 8707.90.50 8708.10.30, 8708.10.60, 8708.21.00, 8708.29.10, 8708.29.15, 8708.29.20, 8708.29.50, 8708.31.10, 8708.31.50, 8708.39.10, 8708.39.50, 8708.40.10, 8708.40.20, 8708.40.30, 8708.40.50, 8708.50.10, 8708.50.30, 8708.50.50, 8708.50.80, 8708.60.10, 8708.60.30, 8708.60.50, 8708.60.80, 8708.70.05, 8708.70.15, 8708.70.25, 8708.70.35, 8708.70.45, 8708.70.60, 8708.80.15, 8708.80.25, 8708.80.30, 8708.80.45, 8708.91.10, 8708.91.50, 8708.92.10, 8708.92.50, 8708.93.15, 8708.93.30, 8708.93.60, 8708.93.75, 8708.94.10, 8708.94.50, 8708.99.03, 8708.99.06, 8708.99.09, 8708.99.12, 8708.99.15, 8708.99.18, 8708.99.21, 8708.99.24, 8708.99.27, 8708.99.31, 8708.99.34, 8708.99.37, 8708.99.40, 8708.99.43, 8708.99.46, 8708.99.49, 8708.99.52, 8708.99.55, 8708.99.58, 8708.99.61, 8708.99.64, 8708.99.67, 8708.99.70, 8708.99.73, 8708.99.80 8709.11.00, 8709.19.00 8710.00.00 8711.10.00, 8711.20.00, 8711.30.00, 8711.40.30, 8711.40.60, 8711.50.00, 8711.90.00 8714.11.00, 8714.19.00 8716.10.00, 8716.20.00, 8716.31.00, 8716.39.00, 8716.40.00, 8716.80.10, 8716.80.50, 8716.90.10, 8716.90.30, 8716.90.50 8901.10.00, 8901.20.00, 8901.30.00, 8901.90.00 8902.00.00 8903.10.00, 8903.91.00, 8903.92.00, 8903.99.20, 8903.99.90 8904.00.00 8905.10.00, 8905.90.50 8906.00.10, 8906.00.90 Dated: July 20, 1999. R. Richard Newcomb, Director, Office of Foreign Assets Control. Approved: July 28, 1999. Elisabeth A. Bresee, Assistant Secretary (Enforcement), Department of the Treasury. [FR Doc. 99-20831 Filed 8-9-99; 1:08 pm] BILLING CODE 4810-25-F