Administrative Collection of Civil Penalties in the Iranian Assets Control Regulations, the Libyan Sanctions Regulations, and the Iraqi Sanctions Regulations, 15761-15762 [05-6092]

Download as PDF Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Rules and Regulations an existing OMB approval. An OMB form 83–I have not been prepared and have not been approved by the Office of Policy Analysis. No information is being collected as a result of this court exercising its limited criminal misdemeanor jurisdiction over Indians within the exterior boundaries of the Winnemucca Indian Reservation and Colony. National Environmental Policy Act We have analyzed this rule in accordance with the criteria of the National Environmental Policy Act and 516 DM. This rule does not constitute a major Federal action significantly affecting the quality of the human environment. An environmental impact statement/assessment is not required. The establishment of this Court of Indian Offenses conveys personal jurisdiction over the criminal misdemeanor actions of Indians within the exterior boundaries of the Winnemucca Indian Reservation and Colony and does not have any impact of the environment. Consultation and Coordination With Indian Tribal Governments (Executive Order 13175) In accordance with the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated potential effects on federally recognized Indian tribes and have determined that there are no potential effects. The amendment to 25 CFR part 11.100(a) does not apply to any of the 564 federally recognized tribes, except the Winnemucca Indian Tribe. The provisional Court of Indian Offenses will exist until the tribe establishes a tribal court to provide for a law and order and a judicial system to deal with law and order on the trust land at the Winnemucca Indian Reservation and Colony, but is expected not to exceed 2 years. The Department of the Interior, in establishing this provisional court, is fulfilling its trust responsibility and complying with the unique governmentto-government relationship that exists between the Federal Government and Indian tribes. List of Subjects in 25 CFR Part 11 Courts, Indians—law, Law enforcement, Penalties. For the reasons set out in the preamble, part 11 of title 25 of the Code of the Federal Regulations is amended as set forth below. I VerDate jul<14>2003 16:55 Mar 28, 2005 Jkt 205001 PART 11—LAW AND ORDER ON INDIAN RESERVATIONS 1. The authority citation for part 11 continues to read as follows: I Authority: R.S. 463; 25 U.S.C. 2, 38 Stat. 586; 25 U.S.C. 200, unless otherwise noted. 2. Section 11.100 is amended by adding new paragraph (a)(15) to read as follows: I § 11.100 Listing of Courts of Indian Offenses. (a) * * * (15) Winnemucca Indian Tribe (land in trust for the Winnemucca Indian Tribe of Nevada). * * * * * Dated: November 23, 2004. David W. Anderson, Assistant Secretary—Indian Affairs. [FR Doc. 05–6113 Filed 3–28–05; 8:45 am] DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Parts 535, 550, and 575 Administrative Collection of Civil Penalties in the Iranian Assets Control Regulations, the Libyan Sanctions Regulations, and the Iraqi Sanctions Regulations Office of Foreign Assets Control, Treasury. ACTION: Final rule. AGENCY: SUMMARY: The Office of Foreign Assets Control (‘‘OFAC’’) of the U.S. Department of the Treasury is revising the Iranian Assets Control Regulations, 31 CFR part 535, the Libyan Sanctions Regulations, 31 CFR part 550, and the Iraqi Sanctions Regulations, 31 CFR part 575, to reaffirm that administrative collection of unpaid civil penalties imposed by OFAC is authorized in addition to judicial means of collection. DATES: This rule is effective March 29, 2005. FOR FURTHER INFORMATION CONTACT: Chief of Policy Planning and Program Management, tel. (202) 622–2500, Chief of Civil Penalties, tel.: (202) 622–6140, or Chief Counsel, tel.: (202) 622–2410, Office of Foreign Assets Control, Department of the Treasury, Washington, DC 20220 (not toll free numbers). SUPPLEMENTARY INFORMATION: Background By law (31 U.S.C. 3711(a)), heads of Federal agencies are required to attempt Frm 00037 Fmt 4700 to collect debts owed to those agencies. Among other things, Federal agencies may seek collection using one or more administrative means, such as contracting with private collection agencies. 31 U.S.C. 3718. The Department of the Treasury aggressively attempts to collect debts owed it by using multiple collection methods, including administrative collection. 31 CFR 5.2(e), 5.4, 5.9(c), and 5.15. An unpaid civil penalty is a debt under Treasury regulations. 31 CFR 5.1. OFAC is revising pertinent sections of the Iranian Assets Control Regulations, 31 CFR part 535, the Libyan Sanctions Regulations, 31 CFR part 550, and the Iraqi Sanctions Regulations, 31 CFR part 575, to reaffirm that administrative collection of civil penalties is authorized in addition to or in lieu of judicial means of collection. Procedural Matters BILLING CODE 4310–4J–P PO 00000 15761 Sfmt 4700 Because the Iranian Assets Control Regulations, the Libyan Sanctions Regulations, and the Iraqi Sanctions Regulations involve a foreign affairs function of the United States, and because this rule imposes no new substantive duties or obligations on the public but rather clarifies OFAC’s options regarding existing legal authorities and requirements related to the administrative collection of debts owed to the Government, the provisions in the Administrative Procedure Act (5 U.S.C. 553) requiring notice and public procedure and a delayed effective date are inapplicable. Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do not apply. Electronic and Facsimile Availability This file is available for download without charge in ASCII and Adobe Acrobat readable (*.PDF) formats at GPO Access. GPO Access supports HTTP, FTP, and Telnet at fedbbs.access.gpo.gov. It may also be accessed by modem dialup at (202) 512– 1387 followed by typing ‘‘/GO/FAC.’’ Paper copies of this document can be obtained by calling the Government Printing Office at (202) 512–1530. This document and additional information concerning the programs of the Office of Foreign Assets Control are available for downloading from the Office’s Internet Home Page: http://www.treas.gov/ofac, or via FTP at ofacftp.treas.gov. Facsimiles of information are available through the Office’s 24-hour fax-ondemand service: call (202) 622–0077 using a fax machine, fax modem, or (within the United States) a touch-tone telephone. E:\FR\FM\29MRR1.SGM 29MRR1 15762 Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Rules and Regulations List of Subjects 31 CFR Part 535 Administrative practice and procedure, Iran, Penalties, Sanctions. 31 CFR Part 550 Administrative practice and procedure, Libya, Penalties, Sanctions. 31 CFR Part 575 Administrative practice and procedure, Iraq, Penalties, Sanctions. For the reasons set forth in the preamble, 31 CFR chapter V is amended as follows: I PART 535—IRANIAN ASSETS CONTROL REGULATIONS 1. The authority citation for part 535 continues to read as follows: I Authority: 18 U.S.C. 2332d; 31 U.S.C. 321(b); 50 U.S.C. 1701–1706; Pub. L. 101– 410, 104 Stat. 890 (28 U.S.C. 2461 note); E.O. 12170, 44 FR 65729, 3 CFR, 1979 Comp., p. 457; E.O. 12205, 45 FR 24099, 3 CFR, 1980 Comp., p. 248; E.O. 12211, 45 FR 26685, 3 CFR, 1980 Comp., p. 253; E.O. 12276, 46 FR 7913, 3 CFR, 1981 Comp., p. 104; E.O. 12279, 46 FR 7919, 3 CFR, 1981 Comp., p. 109; E.O. 12280, 46 FR 7921, 3 CFR, 1981 Comp., p. 110; E.O. 12281, 46 FR 7923, 3 CFR, 1981 Comp., p. 110; E.O. 12282, 46 FR 7925, 3 CFR, 1981 Comp., p. 113; E.O. 12283, 46 FR 7927, 3 CFR, 1981 Comp., p. 114; and E.O. 12294, 46 FR 14111, 3 CFR, 1981 Comp., p. 139. Subpart G—Penalties 2. Section 535.705 is revised to read as follows: I § 535.705 Administrative collection; referral to United States Department of Justice. In the event that the person named does not pay the 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 the 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. PART 550—LIBYAN SANCTIONS REGULATIONS 3. The authority citation for part 550 is revised to read as follows: I VerDate jul<14>2003 16:55 Mar 28, 2005 Jkt 205001 Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C. 287c, 2349aa–8 and 2349aa–9; 31 U.S.C. 321(b); 49 U.S.C. 40106(b); 50 U.S.C. 1601–1651, 1701–1706; Pub. L. 101–410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 106–387, 114 Stat. 1549; E.O. 12543, 51 FR 875; 3 CFR, 1986 Comp., p. 181; E.O. 12544, 51 FR 1235, 3 CFR, 1986 Comp., p. 183; E.O. 12801, 57 FR 14319 3 CFR, 1992 Comp., p. 294; E.O. 13357, 69 FR 56665, September 20, 2004. Subpart G—Penalties 4. Section 550.706 is revised to read as follows: I § 550.706 Administrative collection; referral to United States Department of Justice. In the event that the person named does not pay the 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 the 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. PART 575—IRAQI SANCTIONS REGULATIONS 5. The authority citation for part 575 continues to read as follows: I Authority: 3 U.S.C. 301; 22 U.S.C. 287(c); 18 U.S.C. 2332d; 22 U.S.C. 287c; Pub. L. 101– 410, 104 Stat. 890 (28 U.S.C. 2461 note); 31 U.S.C. 321(b); 49 U.S.C. 40106; 50 U.S.C. 1601–1651, 1701–1706; Pub. L. 101–513, 104 Stat. 2047–2055 (50 U.S.C. 17012 note); E.O. 12722, 55 FR 31803, 3 CFR, 1990 Comp., p. 294; E.O. 12724, 55 FR 33089, 3 CFR, 1990 Comp., p. 297; E.O. 12817, 57 FR 484333, 3 CFR, 1992 Comp., p. 317; E.O. 13350, 69 FR 46055, July 29, 2004. Subpart G—Penalties 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. Dated: March 18, 2005. Robert W. Werner, Director, Office of Foreign Assets Control. Approved: March 21, 2005. Juan C. Zarate, Assistant Secretary of the Treasury for Terrorist Financing, Department of the Treasury. [FR Doc. 05–6092 Filed 3–24–05; 2:43 pm] BILLING CODE 4810–25–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 189 [DOD Directive 4700.3] Mineral Exploration and Extraction on DOD Lands Department of Defense. Final rule. AGENCY: ACTION: SUMMARY: This document removes information in Title 32 of the Code of Federal Regulations concerning Mineral Exploration and Extraction on DOD Lands. This part has served the purpose for which it was intended in the CFR and is no longer necessary. EFFECTIVE DATE: March 29, 2005. FOR FURTHER INFORMATION CONTACT: Jeannette Owings-Ballard (703) 601– 4722*140. The revised DOD Directive 4165.6 is available at http://www.dtic.mil/whs/ directives/corres/dir1.html. SUPPLEMENTARY INFORMATION: 6. Section 575.705 is revised to read as follows: List of Subjects in 32 CFR Part 189 § 575.705 Administrative collection; referral to United States Department of Justice. PART 189—[REMOVED] I In the event that the person named does not pay the 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 the penalty notice, the matter may be referred for administrative collection PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 DOD controlled lands. Accordingly, by the authority of 10 U.S.C. 301, 32 CFR part 189 is removed. I Dated: March 22, 2005. L.M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 05–6123 Filed 3–28–05; 8:45 am] BILLING CODE 5001–06–P E:\FR\FM\29MRR1.SGM 29MRR1

Agencies

[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Rules and Regulations]
[Pages 15761-15762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6092]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Parts 535, 550, and 575


Administrative Collection of Civil Penalties in the Iranian 
Assets Control Regulations, the Libyan Sanctions Regulations, and the 
Iraqi Sanctions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Foreign Assets Control (``OFAC'') of the U.S. 
Department of the Treasury is revising the Iranian Assets Control 
Regulations, 31 CFR part 535, the Libyan Sanctions Regulations, 31 CFR 
part 550, and the Iraqi Sanctions Regulations, 31 CFR part 575, to 
reaffirm that administrative collection of unpaid civil penalties 
imposed by OFAC is authorized in addition to judicial means of 
collection.

DATES: This rule is effective March 29, 2005.

FOR FURTHER INFORMATION CONTACT: Chief of Policy Planning and Program 
Management, tel. (202) 622-2500, Chief of Civil Penalties, tel.: (202) 
622-6140, or Chief Counsel, tel.: (202) 622-2410, Office of Foreign 
Assets Control, Department of the Treasury, Washington, DC 20220 (not 
toll free numbers).

SUPPLEMENTARY INFORMATION:

Background

    By law (31 U.S.C. 3711(a)), heads of Federal agencies are required 
to attempt to collect debts owed to those agencies. Among other things, 
Federal agencies may seek collection using one or more administrative 
means, such as contracting with private collection agencies. 31 U.S.C. 
3718. The Department of the Treasury aggressively attempts to collect 
debts owed it by using multiple collection methods, including 
administrative collection. 31 CFR 5.2(e), 5.4, 5.9(c), and 5.15. An 
unpaid civil penalty is a debt under Treasury regulations. 31 CFR 5.1.
    OFAC is revising pertinent sections of the Iranian Assets Control 
Regulations, 31 CFR part 535, the Libyan Sanctions Regulations, 31 CFR 
part 550, and the Iraqi Sanctions Regulations, 31 CFR part 575, to 
reaffirm that administrative collection of civil penalties is 
authorized in addition to or in lieu of judicial means of collection.

Procedural Matters

    Because the Iranian Assets Control Regulations, the Libyan 
Sanctions Regulations, and the Iraqi Sanctions Regulations involve a 
foreign affairs function of the United States, and because this rule 
imposes no new substantive duties or obligations on the public but 
rather clarifies OFAC's options regarding existing legal authorities 
and requirements related to the administrative collection of debts owed 
to the Government, the provisions in the Administrative Procedure Act 
(5 U.S.C. 553) requiring notice and public procedure and a delayed 
effective date are inapplicable. Because no notice of proposed 
rulemaking is required, the provisions of the Regulatory Flexibility 
Act (5 U.S.C. Chapter 6) do not apply.

Electronic and Facsimile Availability

    This file is available for download without charge in ASCII and 
Adobe Acrobat readable (*.PDF) formats at GPO Access. GPO Access 
supports HTTP, FTP, and Telnet at fedbbs.access.gpo.gov. It may also be 
accessed by modem dialup at (202) 512-1387 followed by typing ``/GO/
FAC.'' Paper copies of this document can be obtained by calling the 
Government Printing Office at (202) 512-1530. This document and 
additional information concerning the programs of the Office of Foreign 
Assets Control are available for downloading from the Office's Internet 
Home Page: http://www.treas.gov/ofac, or via FTP at ofacftp.treas.gov. 
Facsimiles of information are available 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.

[[Page 15762]]

List of Subjects

31 CFR Part 535

    Administrative practice and procedure, Iran, Penalties, Sanctions.

31 CFR Part 550

    Administrative practice and procedure, Libya, Penalties, Sanctions.

31 CFR Part 575

    Administrative practice and procedure, Iraq, Penalties, Sanctions.


0
For the reasons set forth in the preamble, 31 CFR chapter V is amended 
as follows:

PART 535--IRANIAN ASSETS CONTROL REGULATIONS

0
1. The authority citation for part 535 continues to read as follows:

    Authority: 18 U.S.C. 2332d; 31 U.S.C. 321(b); 50 U.S.C. 1701-
1706; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); E.O. 
12170, 44 FR 65729, 3 CFR, 1979 Comp., p. 457; E.O. 12205, 45 FR 
24099, 3 CFR, 1980 Comp., p. 248; E.O. 12211, 45 FR 26685, 3 CFR, 
1980 Comp., p. 253; E.O. 12276, 46 FR 7913, 3 CFR, 1981 Comp., p. 
104; E.O. 12279, 46 FR 7919, 3 CFR, 1981 Comp., p. 109; E.O. 12280, 
46 FR 7921, 3 CFR, 1981 Comp., p. 110; E.O. 12281, 46 FR 7923, 3 
CFR, 1981 Comp., p. 110; E.O. 12282, 46 FR 7925, 3 CFR, 1981 Comp., 
p. 113; E.O. 12283, 46 FR 7927, 3 CFR, 1981 Comp., p. 114; and E.O. 
12294, 46 FR 14111, 3 CFR, 1981 Comp., p. 139.

Subpart G--Penalties

0
2. Section 535.705 is revised to read as follows:


Sec.  535.705  Administrative collection; referral to United States 
Department of Justice.

    In the event that the person named does not pay the 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 the 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.

PART 550--LIBYAN SANCTIONS REGULATIONS

0
3. The authority citation for part 550 is revised to read as follows:

    Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C. 287c, 
2349aa-8 and 2349aa-9; 31 U.S.C. 321(b); 49 U.S.C. 40106(b); 50 
U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890 (28 
U.S.C. 2461 note); Pub. L. 106-387, 114 Stat. 1549; E.O. 12543, 51 
FR 875; 3 CFR, 1986 Comp., p. 181; E.O. 12544, 51 FR 1235, 3 CFR, 
1986 Comp., p. 183; E.O. 12801, 57 FR 14319 3 CFR, 1992 Comp., p. 
294; E.O. 13357, 69 FR 56665, September 20, 2004.

Subpart G--Penalties

0
4. Section 550.706 is revised to read as follows:


Sec.  550.706  Administrative collection; referral to United States 
Department of Justice.

    In the event that the person named does not pay the 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 the 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.

PART 575--IRAQI SANCTIONS REGULATIONS

0
5. The authority citation for part 575 continues to read as follows:

    Authority: 3 U.S.C. 301; 22 U.S.C. 287(c); 18 U.S.C. 2332d; 22 
U.S.C. 287c; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); 
31 U.S.C. 321(b); 49 U.S.C. 40106; 50 U.S.C. 1601-1651, 1701-1706; 
Pub. L. 101-513, 104 Stat. 2047-2055 (50 U.S.C. 17012 note); E.O. 
12722, 55 FR 31803, 3 CFR, 1990 Comp., p. 294; E.O. 12724, 55 FR 
33089, 3 CFR, 1990 Comp., p. 297; E.O. 12817, 57 FR 484333, 3 CFR, 
1992 Comp., p. 317; E.O. 13350, 69 FR 46055, July 29, 2004.

Subpart G--Penalties

0
6. Section 575.705 is revised to read as follows:


Sec.  575.705  Administrative collection; referral to United States 
Department of Justice.

    In the event that the person named does not pay the 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 the 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.

    Dated: March 18, 2005.
Robert W. Werner,
Director, Office of Foreign Assets Control.
    Approved: March 21, 2005.
Juan C. Zarate,
Assistant Secretary of the Treasury for Terrorist Financing, Department 
of the Treasury.
[FR Doc. 05-6092 Filed 3-24-05; 2:43 pm]
BILLING CODE 4810-25-P