Sudanese Sanctions Regulations, 4793-4794 [2017-00844]
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Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Rules and Regulations
(6) Compliance. The State must
demonstrate the extent to which the
requirements of sections 223(a)(11),
(12), and (13) of the Act are met.
(i) In determining the compliance
standards to be applied to States’ FY
2016 compliance monitoring data, the
Administrator shall collect all of the
data from each of the States’ CY 2013
compliance reports, remove one
negative outlier in each data collection
period for DSO, separation, and jail
removal, and apply a standard deviation
factor of two to establish the compliance
standards to be applied, which shall be
posted on OJJDP’s Web site no later than
March 3, 2017.
(ii) In determining the compliance
standards to be applied to States’ FY
2017 compliance monitoring data, the
Administrator shall collect all of the
data from each of the States’ CY 2013
and FY 2016 compliance reports
(removing, when appropriate or
applicable, one negative outlier in each
data collection period for DSO,
separation, and jail removal) and apply
a standard deviation factor of not less
than one to establish the compliance
standards to be applied, which shall be
posted on OJJDP’s Web site by August
31, 2017.
(iii) In determining the compliance
standards to be applied to States’ FY
2018 and subsequent years’ compliance
monitoring data, the Administrator shall
take the average of the States’
compliance monitoring data from not
less than two years prior to the
compliance reporting period with
respect to which the compliance
determination will be made (removing,
when applicable, one negative outlier in
each data collection period for DSO,
separation, and jail removal) and apply
a standard deviation of not less than one
to establish the compliance standards to
be applied, except that the
Administrator may make adjustments to
the methodology described in this
paragraph as he deems necessary and
shall post the compliance standards on
OJJDP’s Web site by August 31st of each
year.
*
*
*
*
*
■ 3. Amend § 31.304 by adding
paragraph (q) to read as follows:
§ 31.304
Definitions.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(q) Detain or confine means to hold,
keep, or restrain a person such that he
is not free to leave, or such that a
reasonable person would believe that he
is not free to leave, except that a
juvenile held by law enforcement solely
for the purpose of returning him to his
parent or guardian or pending his
VerDate Sep<11>2014
16:30 Jan 13, 2017
Jkt 241001
transfer to the custody of a child welfare
or social service agency is not detained
or confined within the meaning of this
definition.
Dated: January 10, 2017.
Karol V. Mason,
Assistant Attorney General, Office of Justice
Programs.
[FR Doc. 2017–00740 Filed 1–13–17; 8:45 am]
BILLING CODE 4410–18–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 538
Sudanese Sanctions Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is amending the
Sudanese Sanctions Regulations to
authorize all prohibited transactions,
including transactions involving
property in which the Government of
Sudan has an interest. OFAC is issuing
this general license in connection with
ongoing U.S.-Sudan bilateral
engagement and in response to positive
developments in the country over the
past six months related to bilateral
cooperation, the ending of internal
hostilities, regional cooperation, and
improvements to humanitarian access.
DATES: Effective: January 17, 2017.
FOR FURTHER INFORMATION CONTACT: The
Department of the Treasury’s Office of
Foreign Assets Control: Assistant
Director for Licensing, tel.: 202–622–
2480, Assistant Director for Regulatory
Affairs, tel.: 202–622–4855, Assistant
Director for Sanctions Compliance &
Evaluation, tel.: 202–622–2490; or the
Department of the Treasury’s Office of
the Chief Counsel (Foreign Assets
Control), Office of the General Counsel,
tel.: 202–622–2410.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site
(www.treasury.gov/ofac).
Background
OFAC is amending the Sudanese
Sanctions Regulations (the
‘‘Regulations’’) to add section 538.540,
authorizing all transactions prohibited
by the Regulations and by Executive
Orders 13067 and 13412, effective as of
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
4793
January 17, 2017. Newly authorized
transactions include the processing of
transactions involving persons in
Sudan; the importation of goods and
services from Sudan; the exportation of
goods, technology, and services to
Sudan; and transactions involving
property in which the Government of
Sudan has an interest.
OFAC is issuing this rule in
connection with ongoing U.S.-Sudan
bilateral engagement and in order to
support and sustain positive
developments in the country over the
past six months. In conjunction with
this engagement, the U.S. government
has supported the Sudanese
government’s ongoing efforts, including
its cessation of military offensives in
Darfur and the Two Areas, its
cooperative efforts to resolve the
ongoing conflict in South Sudan and
cease any activity to undermine stability
there, to improve access for
humanitarian assistance by reducing
government obstruction and
streamlining governing regulations, and
to enhance bilateral counterterrorism
and security cooperation, including
efforts to counter the Lord’s Resistance
Army.
Notwithstanding these positive
developments in Sudan and the
decision to amend the Regulations today
to authorize all transactions prohibited
by the Regulations, section 906 of the
Trade Sanctions Reform and Export
Enhancement Act of 2000, as amended
(22 U.S.C. 7201 et seq.) (TSRA),
continues to require in pertinent part
that the export of agricultural
commodities, medicine, and medical
devices to Sudan shall be made
pursuant to one-year licenses issued by
the U.S. government, except that the
requirements of such one-year licenses
shall be no more restrictive than general
licenses administered by the
Department of the Treasury. See 22
U.S.C. 7205(a)(1). Section 906 of TSRA
also specifies that procedures be in
place to deny licenses for certain
exports of agricultural commodities,
medicine, and medical devices to
Sudan. As with a general license added
to the Regulations in 2011 that
authorized the exportation or
reexportation of food to Sudan (see 31
CFR 538.523; 76 FR 63191 (October 12,
2011)), the new general license added
today includes the one-year license
requirement and, along with counterterrorism sanctions implemented by
OFAC set forth in 31 CFR chapter V and
other continuing requirements and
authorities, satisfies TSRA’s
requirement that procedures be in place
to deny authorization for exports to
Sudan that are determined to be
E:\FR\FM\17JAR1.SGM
17JAR1
4794
Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Rules and Regulations
promoting international terrorism. In
particular, § 501.601 of the Reporting,
Procedures and Penalties Regulations,
31 CFR part 501 (RPPR), requires that all
U.S. persons maintain records of
authorized transactions for a period of
not less than five years and further
provides that OFAC may obtain these
records at any time to monitor activities
conducted pursuant to the general
license; section 538.502 of the
Regulations provides that OFAC may
exclude any person, property, or
transaction from the operation of this
general license; and section 501.803 of
the RPPR provides that OFAC may
amend, modify, or revoke this general
license at any time.
This new general license does not
eliminate the need to comply with other
provisions of 31 CFR chapter V
including those parts related to
terrorism, the proliferation of weapons
of mass destruction, or narcotics
trafficking, or other applicable
provisions of law, including any
requirements of agencies other than
OFAC. Such requirements include, for
example, the Export Administration
Regulations (15 CFR parts 730 through
774) administered by the Bureau of
Industry and Security of the Department
of Commerce. This general license does
not affect past, present, or future
enforcement actions or investigations
with respect to any violations, including
apparent or alleged violations, of the
Regulations that occurred prior to the
effective date of this final rule.
Public Participation
Because the amendment of the
Regulations involves a foreign affairs
function, the provisions of Executive
Order 12866 and the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking,
opportunity for public participation,
and delay in effective date are
inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
sradovich on DSK3GMQ082PROD with RULES
Paperwork Reduction Act
The collections of information related
to the Regulations are contained in the
RPPR. Pursuant to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
those collections of information have
been approved by the Office of
Management and Budget under control
number 1505–0164. An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless the collection of
information displays a valid control
number.
VerDate Sep<11>2014
16:30 Jan 13, 2017
Jkt 241001
List of Subjects in 31 CFR Part 538
Administrative practice and
procedure, Banks, Banking, Foreign
trade, Sanctions, Services, Sudan.
For the reasons set forth in the
preamble, the Department of the
Treasury’s Office of Foreign Assets
Control amends 31 CFR part 538 to read
as follows:
PART 538—SUDANESE SANCTIONS
REGULATIONS
1. The authority citation for part 538
continues to read as follows:
■
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B,
2332d; 31 U.S.C. 321(b); 50 U.S.C. 1601–
1651, 1701–1706; Pub. L. 101–410, 104 Stat.
890 (28 U.S.C. 2461 note); 22 U.S.C. 7201–
7211; Pub. L. 109–344, 120 Stat. 1869; Pub.
L. 110–96, 121 Stat. 1011 (50 U.S.C. 1705
note); E.O. 13067, 62 FR 59989, 3 CFR, 1997
Comp., p. 230; E.O. 13412, 71 FR 61369, 3
CFR, 2006 Comp., p. 244.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Add § 538.540 to subpart E to read
as follows:
■
§ 538.540 All transactions authorized;
Government of Sudan property unblocked.
(a) All transactions prohibited by this
part and Executive Orders 13067 and
13412, including all transactions that
involve property in which the
Government of Sudan has an interest,
are authorized.
(b) Pursuant to section 906(a)(1) of the
Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C.
7205), any exports or reexports of
agricultural commodities, medicine, or
medical devices to the Government of
Sudan, to any individual or entity in
Sudan, or to any person in a third
country purchasing specifically for
resale to any of the foregoing must be
shipped within the 12-month period
beginning on the date of the signing of
the contract for export or reexport.
Note 1 to § 538.540: Section 538.540
authorizes all transactions necessary to
unblock any property or interests in property
that were blocked pursuant to 31 CFR
538.201 prior to January 17, 2017, including
the return or processing of funds.
Note 2 to § 538.540: This authorization is
effective on January 17, 2017 and does not
eliminate the need to comply with other
provisions of 31 CFR chapter V or other
applicable provisions of law, including any
requirements of agencies other than the
Department of the Treasury’s Office of
Foreign Assets Control. Such requirements
include the Export Administration
Regulations (15 CFR parts 730 through 774)
administered by the Bureau of Industry and
Security of the Department of Commerce and
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
the International Traffic in Arms Regulations
(22 CFR parts 120 through 130) administered
by the Department of State.
Note 3 to § 538.540: Consistent with
section 906(a)(1) of the Trade Sanctions
Reform and Export Enhancement Act of 2000
(22 U.S.C. 7205), each year OFAC will
determine whether to revoke this general
license. Unless revoked, the general license
will remain in effect.
Dated: January 10, 2017.
John E. Smith,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. 2017–00844 Filed 1–13–17; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2017–0007]
RIN 1625–AA87
Security Zones; Annual Events in the
Captain of the Port Detroit Zone—
North American International Auto
Show, Detroit River, Detroit MI
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a security zone associated with the
North American International Auto
Show, Detroit River, Detroit, MI. This
security zone is intended to restrict
vessels from a portion of the Detroit
River in order to ensure the safety and
security of participants, visitors, and
public officials at the North American
International Auto Show (NAIAS),
which is being held at Cobo Hall in
downtown Detroit, MI. Vessels in close
proximity to the security zone will be
subject to increased monitoring and
boarding during the enforcement of the
security zone. No person or vessel may
enter the security zone while it is being
enforced without permission of the
Captain of the Port Detroit.
DATES: The security zone regulation
described in 33 CFR 165.915(a)(3) will
be enforced from 8 a.m. on January 9,
2017 through 11:59 p.m. on January 22,
2017.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email Tracy Girard, Prevention,
U.S. Coast Guard Sector Detroit, 110
Mount Elliot Ave., Detroit, MI 48207;
telephone (313) 568–9564; email
Tracy.M.Girard@uscg.mil.
SUMMARY:
E:\FR\FM\17JAR1.SGM
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Agencies
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Rules and Regulations]
[Pages 4793-4794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00844]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 538
Sudanese Sanctions Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is amending the Sudanese Sanctions Regulations to
authorize all prohibited transactions, including transactions involving
property in which the Government of Sudan has an interest. OFAC is
issuing this general license in connection with ongoing U.S.-Sudan
bilateral engagement and in response to positive developments in the
country over the past six months related to bilateral cooperation, the
ending of internal hostilities, regional cooperation, and improvements
to humanitarian access.
DATES: Effective: January 17, 2017.
FOR FURTHER INFORMATION CONTACT: The Department of the Treasury's
Office of Foreign Assets Control: Assistant Director for Licensing,
tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.:
202-622-4855, Assistant Director for Sanctions Compliance & Evaluation,
tel.: 202-622-2490; or the Department of the Treasury's Office of the
Chief Counsel (Foreign Assets Control), Office of the General Counsel,
tel.: 202-622-2410.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available from OFAC's Web site (www.treasury.gov/ofac).
Background
OFAC is amending the Sudanese Sanctions Regulations (the
``Regulations'') to add section 538.540, authorizing all transactions
prohibited by the Regulations and by Executive Orders 13067 and 13412,
effective as of January 17, 2017. Newly authorized transactions include
the processing of transactions involving persons in Sudan; the
importation of goods and services from Sudan; the exportation of goods,
technology, and services to Sudan; and transactions involving property
in which the Government of Sudan has an interest.
OFAC is issuing this rule in connection with ongoing U.S.-Sudan
bilateral engagement and in order to support and sustain positive
developments in the country over the past six months. In conjunction
with this engagement, the U.S. government has supported the Sudanese
government's ongoing efforts, including its cessation of military
offensives in Darfur and the Two Areas, its cooperative efforts to
resolve the ongoing conflict in South Sudan and cease any activity to
undermine stability there, to improve access for humanitarian
assistance by reducing government obstruction and streamlining
governing regulations, and to enhance bilateral counterterrorism and
security cooperation, including efforts to counter the Lord's
Resistance Army.
Notwithstanding these positive developments in Sudan and the
decision to amend the Regulations today to authorize all transactions
prohibited by the Regulations, section 906 of the Trade Sanctions
Reform and Export Enhancement Act of 2000, as amended (22 U.S.C. 7201
et seq.) (TSRA), continues to require in pertinent part that the export
of agricultural commodities, medicine, and medical devices to Sudan
shall be made pursuant to one-year licenses issued by the U.S.
government, except that the requirements of such one-year licenses
shall be no more restrictive than general licenses administered by the
Department of the Treasury. See 22 U.S.C. 7205(a)(1). Section 906 of
TSRA also specifies that procedures be in place to deny licenses for
certain exports of agricultural commodities, medicine, and medical
devices to Sudan. As with a general license added to the Regulations in
2011 that authorized the exportation or reexportation of food to Sudan
(see 31 CFR 538.523; 76 FR 63191 (October 12, 2011)), the new general
license added today includes the one-year license requirement and,
along with counter-terrorism sanctions implemented by OFAC set forth in
31 CFR chapter V and other continuing requirements and authorities,
satisfies TSRA's requirement that procedures be in place to deny
authorization for exports to Sudan that are determined to be
[[Page 4794]]
promoting international terrorism. In particular, Sec. 501.601 of the
Reporting, Procedures and Penalties Regulations, 31 CFR part 501
(RPPR), requires that all U.S. persons maintain records of authorized
transactions for a period of not less than five years and further
provides that OFAC may obtain these records at any time to monitor
activities conducted pursuant to the general license; section 538.502
of the Regulations provides that OFAC may exclude any person, property,
or transaction from the operation of this general license; and section
501.803 of the RPPR provides that OFAC may amend, modify, or revoke
this general license at any time.
This new general license does not eliminate the need to comply with
other provisions of 31 CFR chapter V including those parts related to
terrorism, the proliferation of weapons of mass destruction, or
narcotics trafficking, or other applicable provisions of law, including
any requirements of agencies other than OFAC. Such requirements
include, for example, the Export Administration Regulations (15 CFR
parts 730 through 774) administered by the Bureau of Industry and
Security of the Department of Commerce. This general license does not
affect past, present, or future enforcement actions or investigations
with respect to any violations, including apparent or alleged
violations, of the Regulations that occurred prior to the effective
date of this final rule.
Public Participation
Because the amendment of the Regulations involves a foreign affairs
function, the provisions of Executive Order 12866 and the
Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date are inapplicable. Because no notice of proposed
rulemaking is required for this rule, the Regulatory Flexibility Act (5
U.S.C. 601-612) does not apply.
Paperwork Reduction Act
The collections of information related to the Regulations are
contained in the RPPR. Pursuant to the Paperwork Reduction Act of 1995
(44 U.S.C. 3507), those collections of information have been approved
by the Office of Management and Budget under control number 1505-0164.
An agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number.
List of Subjects in 31 CFR Part 538
Administrative practice and procedure, Banks, Banking, Foreign
trade, Sanctions, Services, Sudan.
For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control amends 31 CFR part 538 to
read as follows:
PART 538--SUDANESE SANCTIONS REGULATIONS
0
1. The authority citation for part 538 continues to read as follows:
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 31 U.S.C.
321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat.
890 (28 U.S.C. 2461 note); 22 U.S.C. 7201-7211; Pub. L. 109-344, 120
Stat. 1869; Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note);
E.O. 13067, 62 FR 59989, 3 CFR, 1997 Comp., p. 230; E.O. 13412, 71
FR 61369, 3 CFR, 2006 Comp., p. 244.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Add Sec. 538.540 to subpart E to read as follows:
Sec. 538.540 All transactions authorized; Government of Sudan
property unblocked.
(a) All transactions prohibited by this part and Executive Orders
13067 and 13412, including all transactions that involve property in
which the Government of Sudan has an interest, are authorized.
(b) Pursuant to section 906(a)(1) of the Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7205), any exports or
reexports of agricultural commodities, medicine, or medical devices to
the Government of Sudan, to any individual or entity in Sudan, or to
any person in a third country purchasing specifically for resale to any
of the foregoing must be shipped within the 12-month period beginning
on the date of the signing of the contract for export or reexport.
Note 1 to Sec. 538.540: Section 538.540 authorizes all
transactions necessary to unblock any property or interests in
property that were blocked pursuant to 31 CFR 538.201 prior to
January 17, 2017, including the return or processing of funds.
Note 2 to Sec. 538.540: This authorization is effective on
January 17, 2017 and does not eliminate the need to comply with
other provisions of 31 CFR chapter V or other applicable provisions
of law, including any requirements of agencies other than the
Department of the Treasury's Office of Foreign Assets Control. Such
requirements include the Export Administration Regulations (15 CFR
parts 730 through 774) administered by the Bureau of Industry and
Security of the Department of Commerce and the International Traffic
in Arms Regulations (22 CFR parts 120 through 130) administered by
the Department of State.
Note 3 to Sec. 538.540: Consistent with section 906(a)(1) of
the Trade Sanctions Reform and Export Enhancement Act of 2000 (22
U.S.C. 7205), each year OFAC will determine whether to revoke this
general license. Unless revoked, the general license will remain in
effect.
Dated: January 10, 2017.
John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2017-00844 Filed 1-13-17; 8:45 am]
BILLING CODE 4810-AL-P