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