Syrian Sanctions Regulations, 17201-17211 [05-6692]

Agencies

• DEPARTMENT OF THE TREASURY
• Office of Foreign Assets Control
• Foreign Assets Control Office

[Federal Register Volume 70, Number 64 (Tuesday, April 5, 2005)]
[Rules and Regulations]
[Pages 17201-17211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6692]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 542


Syrian Sanctions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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SUMMARY: The Office of Foreign Assets Control of the U.S. Department of 
the Treasury is adding new part 542 to chapter V of 31 CFR to carry out 
the purposes of Executive Order 13338 of May 11, 2004, ``Blocking 
Property of Certain Persons and Prohibiting the Export of Certain Goods 
to Syria.''

DATES: Effective Date: March 31, 2005.

FOR FURTHER INFORMATION CONTACT: Chief of Policy Planning and Program 
Management, tel. 202/622-4855, Chief of Licensing, tel.: 202/622-2480, 
Chief of Compliance, tel. 202/622-2490, or Chief Counsel, tel.: 202/
622-2410, Office of Foreign Assets Control, Department of the Treasury,

[[Page 17202]]

Washington, DC 20220 (not toll free numbers).

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

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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.

Background

    On May 11, 2004, the President, invoking the authority, inter alia, 
of the International Emergency Economic Powers Act (50 U.S.C. 1701-
1706) (``IEEPA'') and the Syria Accountability and Lebanese Sovereignty 
Restoration Act of 2003, Public Law 108-175 (the ``SAA''), issued 
Executive Order 13338 (69 FR 26751, May 13, 2004) (the ``Order''). The 
President found that ``the actions of the Government of Syria in 
supporting terrorism, continuing its occupation of Lebanon, pursuing 
weapons of mass destruction and missile programs, and undermining 
United States and international efforts with respect to the 
stabilization and reconstruction of Iraq'' constituted an unusual and 
extraordinary threat to the national security, foreign policy, and 
economy of the United States and declared a national emergency to deal 
with that threat.
    Section 9 of the Order authorizes the Secretary of the Treasury, in 
consultation with the Secretary of State, ``to take such actions, 
including the promulgation of rules and regulations, and to employ all 
powers granted to the President by the IEEPA as may be necessary to 
carry out sections 3, 4, and 5'' of the Order. (As also set forth in 
section 9, other Federal agencies are responsible for implementing 
sanctions imposed in other sections of the Order. For example, see 
Department of Commerce, Bureau of Industry and Security General Order 
Implementing the Syria Accountability and Lebanese Sovereignty Act of 
2003 (69 FR 26766, May 14, 2004) for the implementation of an export 
ban against Syria.)
    Section 3 of the Order blocks, with certain exceptions, all 
property and interests in property of those persons designated by the 
Secretary of the Treasury, in consultation with the Secretary of State, 
pursuant to criteria set forth in the Order. This blocking of property 
and interests in property includes, but is not limited to, the 
prohibition of (i) the making of any contribution of funds, goods, or 
services by, to, or for the benefit of any person whose property or 
interests in property are blocked pursuant to the Order, and (ii) the 
receipt of any contribution or provision of funds, goods, or services 
from any such person.
    Section 4 of the Order prohibits any transaction by a United States 
person that evades or avoids, or has the purpose of evading or 
avoiding, or attempts to violate, any of the prohibitions set forth in 
the Order, as well as any conspiracy formed to violate such 
prohibitions. Section 5 of the Order prohibits the exportation or 
reexportation of donated articles to Syria and the making of such 
donations by, to, or for the benefit of any person whose property and 
interests in property are blocked pursuant to section 3 of the Order.
    Pursuant to section 9 of the Order, the Department of the 
Treasury's Office of Foreign Assets Control (``OFAC'') is promulgating 
the Syrian Sanctions Regulations, 31 CFR part 542 (the 
``Regulations'').
    Subpart B of the Regulations sets forth the prohibitions contained 
in sections 3, 4, and 5 of the Order. See Sec. Sec.  542.201 and 
542.205. Persons designated under section 3 of the Order are referred 
to throughout the Regulations as ``persons whose property or interests 
in property are blocked pursuant to Sec.  542.201(a).'' Their names 
will be published on OFAC's Web site, announced in the Federal 
Register, and incorporated on an ongoing basis into Appendix A to 31 
CFR chapter V, which lists persons that are the targets of various 
sanctions programs administered by OFAC.
    Section 542.201, with certain exceptions, 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 of control of U.S. persons, of persons determined by the 
Secretary of the Treasury, in consultation with the Secretary of State, 
to meet the criteria set forth in section 3 of the Order. These 
criteria include directing or otherwise significantly contributing to: 
(1) The Government of Syria's provision of safe haven to or other 
support for any persons whose property is blocked under U.S. law for 
terrorism-related reasons; (2) the Government of Syria's military or 
security presence in Lebanon; (3) the Government of Syria's pursuit of 
the development and production of weapons of mass destruction and 
medium- and long-range surface-to-surface missiles; and (4) any steps 
taken by the Government of Syria to undermine U.S. and international 
efforts with respect to the stabilization and reconstruction of Iraq. 
Also subject to designation are those individuals or entities owned or 
controlled by, or acting for or on behalf of, directly or indirectly, 
any person whose property or interests in property is blocked pursuant 
to the Order.
    Sections 542.202 and 542.203 of subpart B detail the effect of 
transfers of blocked property in violation of the Regulations and the 
required holding of blocked property in interest-bearing blocked 
accounts, respectively. Section 542.204 of subpart B provides that all 
expenses incident to the maintenance of blocked physical property shall 
be the responsibility of the owners and operators of such property, and 
that such expenses shall not be met from blocked funds. The section 
further provides that blocked property may, in the discretion of the 
Director of OFAC, be sold or liquidated and the net proceeds placed in 
a blocked interest-bearing account in the name of the owner of the 
property.
    Section 542.205 implements the prohibitions in section 4 of the 
Order on any transaction that evades or avoids, has the purpose of 
evading or avoiding, or attempts to violate, any of the prohibitions 
set forth in the Order, and on any conspiracy formed to violate such 
prohibitions.
    Section 542.206 of subpart B details transactions that are exempt 
from the prohibitions of part 542 pursuant to sections 203(b)(1), (3) 
and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)). These exemptions 
relate to personal communications, the importation and exportation of 
information or informational materials, and transactions relating to 
travel. The President determined in section 5 of the Order that 
donations of the type of articles specified in section 203(b)(2) of 
IEEPA (50 U.S.C. 1702(b)(2)), i.e., articles such as food, clothing, 
and medicine intended to relieve human suffering, would seriously 
impair the President's ability to deal with the declared national 
emergency. Accordingly, the donation of such items

[[Page 17203]]

is not exempt from the scope of these Regulations and is prohibited, 
unless authorized by OFAC or otherwise authorized by law.
    Subpart C of part 542 defines key terms used throughout the 
Regulations and subpart D sets forth interpretations regarding the 
general prohibitions contained in subpart B. Transactions otherwise 
prohibited under part 542 but found to be consistent with U.S. policy 
may be authorized by one of the general licenses contained in subpart E 
or by a specific license issued pursuant to the procedures described in 
subpart D of part 501 of 31 CFR chapter V.
    Subpart F of part 542 refers to subpart C of part 501 for 
applicable recordkeeping and reporting requirements. Subpart G 
describes the civil and criminal penalties applicable to violations of 
the Regulations, as well as the procedures governing the potential 
imposition of a civil monetary penalty.
    Subpart H of part 542 refers to subpart D of part 501 for 
applicable provisions relating to administrative procedures. Subpart I 
of the Regulations sets forth a Paperwork Reduction Act notice.

Public Participation

    Because 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. However, OFAC encourages interested 
persons who wish to comment to do so in writing by any of the following 
methods:
     Agency Web Site: https://www.treas.gov/offices/enforcement/
ofac/comment.html.
     Fax: Chief of Records, 202/622-1657.
     Mail: Chief of Records, ATTN: Request for Comments, Office 
of Foreign Assets Control, Department of the Treasury, 1500 
Pennsylvania Avenue, NW., Washington, DC 20220.

    OFAC will not accept public comments in languages other than 
English or accompanied by a request that a part or all of the 
submission be treated confidentially because of its business 
proprietary nature or for any other reason. OFAC will return any such 
submission to the originator. All public comments on these Regulations 
will be a matter of public record. Copies of the public record 
concerning these Regulations will be made available not sooner than 
July 5, 2005 and will be obtainable from OFAC's Web site (https://
www.treas.gov/ofac). If that service is unavailable, written requests 
for copies may be sent to: Office of Foreign Assets Control, U.S. 
Department of the Treasury, 1500 Pennsylvania Ave., NW., Washington, DC 
20220, Attn: Chief, Records Division.

Paperwork Reduction Act

    The collections of information related to the Regulations are 
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties 
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 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 542

    Administrative practice and procedure, Banks, Banking, Blocking of 
assets, Credit, Penalties, Reporting and recordkeeping requirements, 
Securities, Services, Syria.


0
For the reasons set forth in the preamble, part 542 is added to 31 CFR 
chapter V to read as follows:

PART 542--SYRIAN SANCTIONS REGULATIONS

Subpart A--Relation of This Part to Other Laws and Regulations
Sec.
542.101 Relation of this part to other laws and regulations.
542.102 Relation of this part to part 596 of this chapter.
Subpart B--Prohibitions
542.201 Prohibited transactions involving blocked property.
542.202 Effect of transfers violating the provisions of this part.
542.203 Holding of funds in interest-bearing accounts; investment 
and reinvestment.
542.204 Expenses of maintaining blocked property; liquidation of 
blocked property.
542.205 Evasions; attempts; conspiracies.
542.206 Exempt transactions.
Subpart C--General Definitions
542.301 Blocked account; blocked property.
542.302 Effective date.
542.303 Entity.
542.304 Information or informational materials.
542.305 Interest.
542.306 Licenses; general and specific.
542.307 Person.
542.308 Property; property interest.
542.309 Transfer.
542.310 United States.
542.311 U.S. financial institution.
542.312 United States person; U.S. person.
Subpart D--Interpretations
542.401 Reference to amended sections.
542.402 Effect of amendment.
542.403 Termination and acquisition of an interest in blocked 
property.
542.404 Transactions incidental to a licensed transaction.
542.405 Provision of services.
542.406 Offshore transactions.
542.407 Payments from blocked accounts to satisfy obligations 
prohibited.
542.408 Charitable contributions.
542.409 Credit extended and cards issued by U.S. financial 
institutions.
542.410 Setoffs prohibited.
Subpart E--Licenses, Authorizations and Statements of Licensing Policy
542.501 General and specific licensing procedures.
542.502 Effect of license or authorization.
542.503 Exclusion from licenses.
542.504 Payments and transfers to blocked accounts in U.S. financial 
institutions.
542.505 Entries in certain accounts for normal service charges 
authorized.
542.506 Investment and reinvestment of certain funds.
542.507 Provision of certain legal services authorized.
542.508 Authorization of emergency medical services.
Subpart F--Reports
542.601 Records and reports.
Subpart G--Penalties
542.701 Penalties.
542.702 Prepenalty notice.
542.703 Response to prepenalty notice; informal settlement.
542.704 Penalty imposition or withdrawal.
542.705 Administrative collection; referral to United States 
Department of Justice.
Subpart H--Procedures
542.801 Procedures.
542.802 Delegation by the Secretary of the Treasury.
Subpart I--Paperwork Reduction Act
542.901 Paperwork Reduction Act notice.

    Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651, 
1701-1706; E.O. 13338, 69 FR 26751, May 13, 2004.

Subpart A--Relation of This Part to Other Laws and Regulations


Sec.  542.101  Relation of this part to other laws and regulations.

    This part is separate from, and independent of, the other parts of 
this chapter, with the exception of part 501 of this chapter, the 
recordkeeping and reporting requirements and license application and 
other procedures 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

[[Page 17204]]

pursuant to this part. Differing foreign policy and national security 
circumstances 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. No 
license or authorization contained in or issued pursuant to this part 
relieves the involved parties from complying with any other applicable 
laws or regulations.


Sec.  542.102  Relation of this part to part 596 of this chapter.

    For the purposes of the Terrorism List Government Sanctions 
Regulations set forth in part 596 of this chapter, the Government of 
Syria in its entirety is not subject to the regulations set forth in 
this part. Consequently, 31 CFR 596.503 does not apply to financial 
transactions with the Government of Syria, while 31 CFR 596.504 and 
596.505 continue to apply.

Subpart B--Prohibitions


Sec.  542.201  Prohibited transactions involving blocked property.

    (a) Except as authorized by regulations, orders, directives, 
rulings, instructions, licenses or otherwise, and notwithstanding any 
contracts entered into or any license or permit granted prior to the 
effective date, all property and interests in property of the following 
persons 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, 
are blocked and may not be transferred, paid, exported, withdrawn, or 
otherwise dealt in:
    (1) [Reserved]
    (2) Any person determined by the Secretary of the Treasury, in 
consultation with the Secretary of State:
    (i) To be or to have been directing or otherwise significantly 
contributing to the Government of Syria's provision of safe haven to or 
other support for any person whose property or interests in property 
are blocked under United States law for terrorism-related reasons, 
including, but not limited to, Hamas, Hizballah, Palestinian Islamic 
Jihad, the Popular Front for the Liberation of Palestine, the Popular 
Front for the Liberation of Palestine-General Command, and any persons 
designated pursuant to Executive Order 13224 of September 23, 2001;
    (ii) To be or to have been directing or otherwise significantly 
contributing to the Government of Syria's military or security presence 
in Lebanon;
    (iii) To be or to have been directing or otherwise significantly 
contributing to the Government of Syria's pursuit of the development 
and production of chemical, biological, or nuclear weapons and medium- 
and long-range surface-to-surface missiles;
    (iv) To be or to have been directing or otherwise significantly 
contributing to any steps taken by the Government of Syria to undermine 
United States and international efforts with respect to the 
stabilization and reconstruction of Iraq; or
    (v) To be owned or controlled by, or acting or purporting to act 
for or on behalf of, directly or indirectly, any person whose property 
or interests in property are blocked pursuant to this section.


    Note to paragraph (a) of Sec.  542.201: The names of persons 
whose property or interests in property are blocked pursuant to 
Sec.  542.201(a) will be published on OFAC's Web site, announced in 
the Federal Register, and incorporated on an ongoing basis with the 
identifier [SYRIA] in appendix A to 31 CFR chapter V. Section 
501.807 of this chapter V sets forth the procedures to be followed 
by persons seeking administrative reconsideration of their 
designations pursuant to Sec.  542.201(a) or who wish to assert that 
the circumstances resulting in a designation no longer apply. 
Similarly, 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 to 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.
    Section 203 of the International Emergency Economic Powers Act 
(50 U.S.C. 1702) explicitly authorizes the blocking of property and 
interests in property of a person during the pendency of an 
investigation. The name of any individual or entity whose property 
or interests in property are blocked under this part pending 
investigation will be published as noted above with the descriptor 
``[BPI-SYRIA].'' The scope of the blocking of property or interests 
in property during the pendency of an investigation may be more 
limited than the scope of the blocking set forth in Sec. 542.201(a). 
Inquiries regarding the scope of any such blocking should be 
directed to OFAC's Compliance Division at 202/622-2490.


    (b) The blocking of property and interests in property pursuant to 
Sec.  542.201(a) includes, but is not limited to, the prohibition of:
    (1) The making of any contribution of funds, goods, or services by, 
to, or for the benefit of any person whose property or interests in 
property are blocked pursuant to this section; and
    (2) The receipt of any contribution or provision of funds, goods, 
or services from any such person.
    (c) 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 or 
interests in property are blocked pursuant to Sec.  542.201(a) 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 (whether prior to, on, or subsequent to 
the effective date) the registered or inscribed owner of any such 
security may have or might appear to have assigned, transferred, or 
otherwise disposed of the security.


Sec.  542.202  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.  
542.201(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 interests.
    (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.  542.201(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, this 
part, and any regulation, order, directive, ruling, instruction, or 
license issued pursuant to this part.

[[Page 17205]]

    (d) Transfers of property 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 or authorization issued pursuant to this part and 
was not so licensed or authorized, or, if a license or authorization 
did purport to cover the transfer, that such license or authorization 
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, license, or other direction or 
authorization 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.  542.202: 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) Except to the extent otherwise provided by law or 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, there 
existed an interest of a person whose property or interests in property 
are blocked pursuant to Sec.  542.201(a).


Sec.  542.203  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.  542.201(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:
    (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 subaccount, 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.  542.201(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.  542.201(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.  542.201(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 any person whose property or interests in property 
are blocked pursuant to Sec.  542.201(a), nor may their holder 
cooperate in or facilitate the pledging or other attempted use of 
blocked funds or other assets as collateral.


    Note to Sec.  542.203: See Sec.  542.506 regarding investment 
and reinvestment of certain funds.

Sec.  542.204  Expenses of maintaining blocked property; liquidation of 
blocked property.

    (a) Except as otherwise authorized, and notwithstanding the 
existence of any rights or obligations conferred or imposed by any 
international agreement or contract entered into or any license or 
permit granted before 12:01 a.m., eastern daylight time, May 12, 2004, 
all expenses incident to the maintenance of physical property blocked 
pursuant to Sec.  542.201(a) shall be the responsibility of the owners 
or operators of such property, which expenses shall not be met from 
blocked funds.
    (b) Property blocked pursuant to Sec.  542.201(a) may, in the 
discretion of the Director, Office of Foreign Assets Control, be sold 
or liquidated and the net proceeds placed in a blocked interest-bearing 
account in the name of the owner of the property.


Sec.  542.205  Evasions; attempts; conspiracies.

    (a) Except as otherwise authorized, and notwithstanding any 
contract entered into or any license or permit granted prior to the 
effective date, any transaction by any U.S. 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.
    (b) Except as otherwise authorized, and notwithstanding any 
contract entered into or any license or permit granted prior to the 
effective date, any conspiracy formed for the purpose of engaging in a 
transaction prohibited by this part is prohibited.


Sec.  542.206  Exempt transactions.

    (a) Personal communications. The prohibitions contained in this 
part do not apply to any postal, telegraphic, telephonic, or other 
personal communication that does not involve the transfer of anything 
of value.
    (b) Information or informational materials. (1) The importation 
from any

[[Page 17206]]

country and the exportation to any country of information or 
informational materials, as defined in Sec.  542.304, whether 
commercial or otherwise, regardless of format or medium of 
transmission, are exempt from the prohibitions of this part.
    (2) This section does not exempt from regulation or authorize 
transactions related to information or informational materials not 
fully created and in existence at the date of the transactions, or to 
the substantive or artistic alteration or enhancement of informational 
materials, or to the provision of marketing and business consulting 
services. Such prohibited transactions include, but are not limited to, 
payment of advances for information or informational materials not yet 
created and completed (with the exception of prepaid subscriptions for 
widely-circulated magazines and other periodical publications); 
provision of services to market, produce or co-produce, create, or 
assist in the creation of information or informational materials; and, 
with respect to information or informational materials imported from 
persons whose property or interests in property are blocked pursuant to 
Sec.  542.201(a), payment of royalties with respect to income received 
for enhancements or alterations made by U.S. persons to such 
information or informational materials.
    (3) This section does not exempt from regulation or authorize 
transactions incident to the exportation of software subject to the 
Export Administration Regulations, 15 CFR parts 730 through 799, or to 
the exportation of goods, technology or software, or to the provision, 
sale, or leasing of capacity on telecommunications transmission 
facilities (such as satellite or terrestrial network connectivity) for 
use in the transmission of any data. The exportation of such items or 
services and the provision, sale, or leasing of such capacity or 
facilities to a person whose property or interests in property are 
blocked pursuant to Sec.  542.201(a) are prohibited.
    (c) Travel. The prohibitions contained in this part do not apply to 
transactions ordinarily incident to travel to or from any country, 
including exportation or importation of accompanied baggage for 
personal use, maintenance within any country including payment of 
living expenses and acquisition of goods or services for personal use, 
and arrangement or facilitation of such travel including nonscheduled 
air, sea, or land voyages.

Subpart C--General Definitions


Sec.  542.301  Blocked account; blocked property.

    The terms blocked account and blocked property shall mean any 
account or property subject to the prohibitions in Sec.  542.201 held 
in the name of a person whose property or interests in property are 
blocked pursuant to Sec.  542.201(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 an authorization or license from the Office of Foreign 
Assets Control expressly authorizing such action.


Sec.  542.302  Effective date.

    With respect to a person whose property or interests in property 
are blocked pursuant to a designation under Sec.  542.201(a), the 
effective date is the earlier of the date on which either actual notice 
or constructive notice is received of such person's designation.


Sec.  542.303  Entity.

    The term entity means a partnership, association, trust, joint 
venture, corporation, group, subgroup, or other organization.


Sec.  542.304  Information or informational materials.

    (a) For purposes of this part, the term information or 
informational materials includes, but is not limited to publications, 
films, posters, phonograph records, photographs, microfilms, 
microfiche, tapes, compact disks, CD ROMs, artworks, and news wire 
feeds.


    Note to paragraph (a) of Sec.  542.304. To be considered 
information or informational materials, artworks must be classified 
under chapter heading 9701, 9702, or 9703 of the Harmonized Tariff 
Schedule of the United States.


    (b) The term information or informational materials, with respect 
to United States exports, does not include items:
    (1) That were, as of April 30, 1994, or that thereafter become, 
controlled for export pursuant to section 5 of the Export 
Administration Act of 1979, 50 U.S.C. App. 2401-2420 (1979) (the 
``EAA''), or section 6 of the EAA to the extent that such controls 
promote the nonproliferation or antiterrorism policies of the United 
States; or
    (2) With respect to which acts are prohibited by 18 U.S.C. chapter 
37.


Sec.  542.305  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.


Sec.  542.306  Licenses; general and specific.

    (a) Except as otherwise specified, the term license means any 
license or authorization contained in or issued pursuant to this part.
    (b) The term general license means any license or authorization the 
terms of which are set forth in subpart E of this part.
    (c) The term specific license means any license or authorization 
not set forth in subpart E of this part but issued pursuant to this 
part.

    Note to Sec.  542.306: See Sec.  501.801 of this chapter on 
licensing procedures.

Sec.  542.307  Person.

    The term person means an individual or entity.


Sec.  542.308  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, present, future or contingent.


Sec.  542.309  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,

[[Page 17207]]

power, privilege, or interest with respect to any property and, without 
limitation upon the foregoing, shall include 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, or 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.  542.310  United States.

    The term United States means the United States, its territories and 
possessions, and all areas under the jurisdiction or authority thereof.


Sec.  542.311  U.S. financial institution.

    The term U.S. financial institution means any U.S. entity 
(including its 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, or procuring purchasers and 
sellers thereof, as principal or agent, including but 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 that are located in the United States, but not such 
institutions' foreign branches, offices, or agencies.


Sec.  542.312  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 or any jurisdiction within the United States 
(including foreign branches), or any person in the United States.

Subpart D--Interpretations


Sec.  542.401  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, 
instruction, direction, or license issued pursuant to this part refers 
to the same as currently amended.


Sec.  542.402  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.  542.403  Termination and acquisition of an interest in blocked 
property.

    (a) Whenever a transaction licensed or authorized by or pursuant to 
this part results in the transfer of property (including any property 
interest) away from a person, such property shall no longer be deemed 
to be property blocked pursuant to Sec.  542.201(a), unless there 
exists in the property another interest that is blocked pursuant to 
Sec.  542.201(a) or any other part of this chapter, the transfer of 
which has not been effected pursuant to license or other authorization.
    (b) Unless otherwise specifically provided in a license or 
authorization issued pursuant to this part, if property (including any 
property interest) is transferred or attempted to be transferred to a 
person whose property or interests in property are blocked pursuant to 
Sec.  542.201(a), such property shall be deemed to be property in which 
that person has an interest and therefore blocked.


Sec.  542.404  Transactions incidental to a licensed transaction.

    Any transaction ordinarily incident to a licensed transaction and 
necessary to give effect thereto is also authorized, except:
    (a) An incidental transaction, not explicitly authorized within the 
terms of the license, by or with a person whose property or interests 
in property are blocked pursuant to Sec.  542.201(a); or
    (b) An incidental transaction, not explicitly authorized within the 
terms of the license, involving a debit to a blocked account or a 
transfer of blocked property.


Sec.  542.405  Provision of services.

    (a) Except as provided in Sec.  542.206, the prohibitions on 
transactions involving blocked property contained in Sec.  542.201 
apply to services performed in the United States or by U.S. persons, 
wherever located, including by an overseas branch of an entity located 
in the United States:
    (1) On behalf of or for the benefit of a person whose property or 
interests in property are blocked pursuant to Sec.  542.201(a); or
    (2) With respect to property interests subject to Sec.  542.201.
    (b) Example: U.S. persons may not, except as authorized by or 
pursuant to this part, provide legal, accounting, financial, brokering, 
freight forwarding, transportation, public relations, or other services 
to a person whose property or interests in property are blocked 
pursuant to Sec.  542.201(a).


    Note to Sec.  542.405: See Sec. Sec.  542.507 and 542.508, 
respectively, on licensing policy with regard to the provision of 
certain legal or medical services.

Sec.  542.406  Offshore transactions.

    The prohibitions in Sec.  542.201 on transactions involving blocked 
property apply to transactions by any U.S. person in a location outside 
the United States with respect to property that the U.S. person knows, 
or has reason to know, is held in the name of a person whose property 
or interests in property are blocked pursuant to Sec.  542.201(a) or in 
which the U.S. person knows, or has reason to know, a person whose 
property or interests in property are blocked pursuant to Sec.  
542.201(a) has or has had an interest since the effective date.


Sec.  542.407  Payments from blocked accounts to satisfy obligations 
prohibited.

    Pursuant to Sec.  542.201, no debits may be made to a blocked 
account to pay obligations to U.S. persons or other persons, except as 
authorized pursuant to this part.


Sec.  542.408  Charitable contributions.

    Unless otherwise specifically authorized by the Office of Foreign

[[Page 17208]]

Assets Control by or pursuant to this part, no charitable contribution 
or donation of funds, goods, services, or technology, including those 
to relieve human suffering, such as food, clothing or medicine, may be 
made by, to, or for the benefit of a person whose property or interests 
in property are blocked pursuant to Sec.  542.201(a). For purposes of 
this part, a contribution or donation is made by, to, or for the 
benefit of a person whose property or interests in property are blocked 
pursuant to Sec.  542.201(a) if made by, to, or in the name of such a 
person; if made by, to, or in the name of an entity or individual 
acting for or on behalf of, or owned or controlled by, such a person; 
or if made in an attempt to violate, to evade, or to avoid the bar on 
the provision of contributions or donations by, to, or for such a 
person.


Sec.  542.409  Credit extended and cards issued by U.S. financial 
institutions.

    The prohibition in Sec.  542.201 on dealing in property subject to 
that section prohibits U.S. financial institutions from performing 
under any existing credit agreements, including, but not limited to, 
charge cards, debit cards, or other credit facilities issued by a U.S. 
financial institution to a person whose property or interests in 
property are blocked pursuant to Sec.  542.201(a).


Sec.  542.410  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.  542.201 if effected after the effective date.

Subpart E--Licenses, Authorizations and Statements of Licensing 
Policy


Sec.  542.501  General and specific licensing procedures.

    For provisions relating to licensing procedures, see part 501, 
subpart E 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.  542.502  Effect of license or authorization.

    (a) No license or other authorization contained in this part, or 
otherwise issued by or under the direction of the Director of the 
Office of Foreign Assets Control, authorizes or validates any 
transaction effected prior to the issuance of the license, unless 
specifically provided in such licenses or authorization.
    (b) No regulation, ruling, instruction, or license authorizes any 
transaction prohibited under 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 shall be deemed to 
authorize 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 under this part has the effect of 
removing a prohibition contained in this part from the transaction, 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 in, or with respect to, any property which would not otherwise 
exist under ordinary principles of law.


Sec.  542.503  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.  542.504  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 or interests in property are blocked pursuant to Sec.  
542.201(a) has any interest, 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.  542.504. Please refer to Sec.  501.603 of this 
chapter for mandatory reporting requirements regarding financial 
transfers. See also Sec.  542.203 concerning the obligation to hold 
blocked funds in interest-bearing accounts.

Sec.  542.505  Entries in certain accounts for normal service charges 
authorized.

    (a) A U.S. financial institution is authorized to debit any blocked 
account held at that financial institution in payment or reimbursement 
for normal service charges owed it by the owner of that blocked 
account.
    (b) As used in this section, the term normal service charge shall 
include charges in payment or reimbursement for interest due; cable, 
telegraph, internet, or telephone charges; postage costs; custody fees; 
small adjustment charges to correct bookkeeping errors; and, but not by 
way of limitation, 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.  542.506  Investment and reinvestment of certain funds.

    Subject to the requirements of Sec.  542.203, U.S. financial 
institutions are authorized to invest and reinvest assets blocked 
pursuant to Sec.  542.201, subject to the following conditions:
    (a) The assets representing such investments and reinvestments are 
credited to a blocked account or subaccount which 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 funds shall not be transferred outside 
the United States for this purpose;
    (b) The proceeds of such investments and reinvestments shall not be 
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 persons whose property or interests 
in property are blocked pursuant to Sec.  542.201(a).


Sec.  542.507  Provision of certain legal services authorized.

    (a) The provision of the following legal services to or on behalf 
of persons whose property or interests in property are blocked pursuant 
to Sec.  542.201(a) is authorized, provided that all receipts of 
payment of professional fees and reimbursement of incurred expenses 
must be specifically licensed:
    (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 in violation of this part;

[[Page 17209]]

    (2) Representation of persons when named as defendants in or 
otherwise made parties to domestic U.S. legal, arbitration, or 
administrative proceedings;
    (3) Initiation and conduct of domestic U.S. legal, arbitration, or 
administrative proceedings in defense of property interests subject to 
U.S. jurisdiction;
    (4) Representation of persons before any Federal or State agency 
with respect to the imposition, administration, or enforcement of U.S. 
sanctions against such persons; and
    (5) Provision of legal services in any other context in which 
prevailing U.S. law requires access to legal counsel at public expense.
    (b) The provision of any other legal services to persons whose 
property or interests in property are blocked pursuant to Sec.  
542.201(a), not otherwise authorized in this part, requires the 
issuance of a specific license.
    (c) Entry into a settlement agreement affecting property or 
interests in property 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 blocked pursuant to Sec.  
542.201(a) is prohibited unless specifically licensed in accordance 
with Sec.  542.202(e).


Sec.  542.508  Authorization of emergency medical services.

    The provision of nonscheduled emergency medical services in the 
United States to persons whose property or interests in property are 
blocked pursuant to Sec.  542.201(a) is authorized, provided that all 
receipt of payment for such services must be specifically licensed.

Subpart F--Reports


Sec.  542.601  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.  542.701  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 also directed to 18 U.S.C. 1001, which provides 
that whoever, in any matter within the jurisdiction of the executive, 
legislative, or judicial branch of the Government of the United States, 
knowingly and willfully falsifies, conceals, or covers up by any trick, 
scheme, or device, a material fact, or makes any materially false, 
fictitious, or fraudulent statement or representation, or makes or uses 
any false writing or document knowing the same to contain any 
materially 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.
    (d) Violations of this part may also be subject to relevant 
provisions of other applicable laws.


Sec.  542.702  Prepenalty notice.

    (a) When required. If the Director of the Office of Foreign Assets 
Control has reason 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 
civil proceedings are warranted, the Director shall notify the alleged 
violator of the agency's intent to impose a monetary penalty by issuing 
a prepenalty notice. The prepenalty notice shall be in writing. The 
prepenalty notice may be issued whether or not another agency has taken 
any action with respect to the matter.
    (b) Contents of notice--(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 the respondent's right to make a written presentation 
within the applicable 30 day period set forth in Sec.  542.703 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.
    (c) Informal settlement prior to issuance of prepenalty notice. At 
any time prior to the issuance of a prepenalty notice, an alleged 
violator may request in writing that, for a period not to exceed sixty 
(60) days, the agency withhold issuance of the prepenalty notice for 
the exclusive purpose of effecting settlement of the agency's potential 
civil monetary penalty claims. In the event the Director of the Office 
of Foreign Assets Control grants the request, under terms and 
conditions within his discretion, the Office of Foreign Assets Control 
will agree to withhold issuance of the prepenalty notice for a period 
not to exceed 60 days and will enter into settlement negotiations of 
the potential civil monetary penalty claim.


Sec.  542.703  Response to prepenalty notice; informal settlement.

    (a) Deadline for response. The respondent may submit a response to 
the prepenalty notice within the applicable 30-day period set forth in 
this paragraph. The Director of the Office of Foreign Assets Control 
may grant, at his discretion, an extension of time in which to submit a 
response to the prepenalty notice. The failure to submit a response 
within the applicable time period set forth in this paragraph shall be 
deemed to be a waiver of the right to respond.
    (1) Computation of time for response. A response to the prepenalty 
notice must be postmarked or date-stamped by the U.S. Postal Service 
(or foreign postal service, if mailed abroad) or courier service 
provider (if transmitted to the Office of Foreign Assets Control by 
courier) on or before the 30th day after the postmark date on the 
envelope in which the prepenalty notice was mailed. If the respondent 
refused delivery or otherwise avoided receipt of the prepenalty notice, 
a response must be postmarked or date-stamped on or before the 30th day 
after the date on the

[[Page 17210]]

stamped postal receipt maintained at the Office of Foreign Assets 
Control. If the prepenalty notice was personally delivered to the 
respondent by a non-U.S. Postal Service agent authorized by the 
Director, a response must be postmarked or date-stamped on or before 
the 30th day after the date of delivery.
    (2) Extensions of time for response. If a due date falls on a 
Federal holiday or weekend, that due date is extended to include the 
following business day. Any other extensions of time will be granted, 
at the discretion of the Director of the Office of Foreign Assets 
Control, only upon the respondent's specific request to the Office of 
Foreign Assets Control.
    (b) Form and method of response. The response must be submitted in 
handwritten or typed form and signed by the respondent or a 
representative thereof. The response need not be in any particular 
form. A copy of the written response may be sent by facsimile, but the 
original also must be sent to the Office of Foreign Assets Control 
Civil Penalties Division by mail or courier and must be postmarked or 
date-stamped, in accordance with paragraph (a) of this section.
    (c) Contents of response. A written response must contain 
information sufficient to indicate that it is in response to the 
prepenalty notice and must include the Office of Foreign Assets Control 
identification number listed on the prepenalty notice.
    (1) A written response must include the respondent's full name, 
address, telephone number, and facsimile number, if available, or those 
of the representative of the respondent.
    (2) A written response should either admit or deny each specific 
violation alleged in the prepenalty notice and also state if the 
respondent has no knowledge of a particular violation. If the written 
response fails to address any specific violation alleged in the 
prepenalty notice, that alleged violation shall be deemed to be 
admitted.
    (3) A written response should include any information in defense, 
evidence in support of an asserted defense, or other factors that the 
respondent requests the Office of Foreign Assets Control to consider. 
Any defense or explanation previously made to the Office of Foreign 
Assets Control or any other agency must be repeated in the written 
response. Any defense not raised in the written response will be 
considered waived. The written response also should 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.
    (d) Failure to respond. Where the Office of Foreign Assets Control 
receives no response to a prepenalty notice within the applicable time 
period set forth in paragraph (a) of this section, a penalty notice 
generally will be issued, taking into account the mitigating and/or 
aggravating factors present in the record. If there are no mitigating 
factors present in the record, or the record contains a preponderance 
of aggravating factors, the proposed prepenalty amount generally will 
be assessed as the final penalty.
    (e) Informal settlement. In addition to or as an alternative to a 
written response to a prepenalty notice, 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. 
However, the requirements set forth in paragraph (f) of this section as 
to oral communication by the representative must first be fulfilled. 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 time limit specified in paragraph (a) of this section for 
written response to the prepenalty notice will remain in effect unless 
additional time is granted by the Office of Foreign Assets Control.
    (f) Representation. A representative of the respondent may act on 
behalf of the respondent, but any oral communication with the Office of 
Foreign Assets Control prior to a written submission regarding the 
specific allegations contained in the prepenalty notice must be 
preceded by a written letter of representation, unless the prepenalty 
notice was served upon the respondent in care of the representative.


Sec.  542.704  Penalty imposition or withdrawal.