Cuban Assets Control Regulations, Burmese Sanctions Regulations, Sudanese Sanctions Regulations, and Iranian Transactions Regulations, 50047-50052 [E7-17054]
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Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Rules and Regulations
designations listed in this document
will be published subsequently in that
Order.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
establishing Class E airspace at Hailey,
ID. Additional controlled airspace is
necessary to accommodate IFR aircraft
at Friedman Memorial Airport, Hailey,
ID.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866;
(2) is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and
(3) does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9P, Airspace
Designations and Reporting Points,
dated September 1, 2006, and effective
September 15, 2006 is amended as
follows:
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I
Paragraph 6002 Class E Airspace Areas
Designated as a Surface Area.
*
*
*
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ANM ID E5 Hailey, ID [Revised]
Friedman Memorial Airport, ID
(Lat. 43°30′14″ N., long. 114°17′45″ W.)
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That airspace extending upward from 700
feet above the surface within a 5.5-mile
radius of Friedman Memorial Airport, and
within 2 miles west and 5.5 miles east of the
328° bearing from the airport extending from
the 5.5-mile radius to 10 miles northwest of
the airport, and within 2 miles west and 4
miles east of the 159° bearing from the airport
extending from the 5.5-mile radius to 15.5
miles southeast of the airport; that airspace
extending upward from 1,200 feet above the
surface bounded by a line beginning at lat.
44°00′00″ N., long. 114°55′00″ W., thence to
lat. 44°00′00″ N., long. 113°53′00″ W., thence
to lat. 43°00′00″ N., long. 113°49′00″ W.,
thence to lat. 43°00′00″ N., long. 114°55′00″
W., thence to point of beginning.
*
*
*
*
*
Issued in Seattle, Washington, on August
20, 2007.
Clark Desing,
Manager, System Support Group, Western
Service Center.
[FR Doc. E7–17069 Filed 8–29–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 515, 537, 538, and 560
Cuban Assets Control Regulations,
Burmese Sanctions Regulations,
Sudanese Sanctions Regulations, and
Iranian Transactions Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: The Office of Foreign Assets
Control of the U.S. Department of the
Treasury is revising the general license
for certain publishing activities
contained in the Cuban Assets Control
Regulations, Burmese Sanctions
Regulations, Sudanese Sanctions
Regulations, and Iranian Transactions
Regulations.
DATES: Effective Date: August 30, 2007.
FOR FURTHER INFORMATION CONTACT:
Assistant Director for Licensing, tel.:
202/622–2480, Assistant Director for
Compliance, Outreach &
Implementation, tel.: 202/622–2490,
Assistant Director for Policy, tel.: 202/
622–4855, Office of Foreign Assets
Control, or Chief Counsel (Foreign
Assets Control), tel.: 202/622–2410,
Office of the General Counsel,
Department of the Treasury,
Washington, DC 20220 (not toll free
numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning the Office of
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50047
Foreign Assets Control (‘‘OFAC’’) are
available from OFAC’s Web site
(https://www.treas.gov/ofac) or via
facsimile through a 24-hour fax-on
demand service, tel.: (202) 622–0077.
Background
On December 17, 2004, the Office of
Foreign Assets Control (‘‘OFAC’’) of the
Department of the Treasury amended
the Cuban Assets Control Regulations,
31 CFR Part 515 (the ‘‘CACR’’), the
Sudanese Sanctions Regulations, 31
CFR Part 538 (the ‘‘SSR’’), and the
Iranian Transactions Regulations, 31
CFR Part 560 (the ‘‘ITR’’), to authorize
certain activities related to publishing.
See 69 FR 75468 (December 17, 2004).
OFAC added §§ 515.577, 538.529, and
560.538 to the CACR, SSR, and ITR,
respectively, to authorize by general
license transactions not already exempt
from regulation that support the
publishing and marketing of
manuscripts, books, journals, and
newspapers in paper and electronic
format (‘‘written publications’’). On
August 16, 2005, OFAC amended and
reissued the Burmese Sanctions
Regulations, 31 CFR Part 537 (the
‘‘BSR’’) including, at § 537.526, a
general license for the same publishingrelated transactions.
OFAC is amending these general
licenses in various places to authorize
the augmentation of written
publications in electronic format
through the addition of embedded
software necessary for reading,
browsing, navigating, or searching the
written publications as well as the
exportation of such embedded software
provided certain conditions are met.
These amendments also clarify that the
term ‘‘written publications’’ used in the
general licenses includes manuscripts,
books, journals, and newspapers even if
they are published solely in electronic
format. A note is added to each general
license clarifying that the importation
and exportation of information or
informational materials are exempt from
the prohibitions and regulations
contained in the CACR, SSR, and ITR
and, in the case of the BSR, clarifying
that the importation of informational
materials is authorized and the
exportation of informational materials is
exempt from the prohibitions and
regulations of the BSR. These
amendments also make various other
technical corrections, clarifications, and
conforming changes.
Public Participation; Procedural
Requirements
Because the CACR, BSR, SSR, and ITR
involve a foreign affairs function, the
provisions of Executive Order 12866
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and the Administrative Procedure Act (5
U.S.C. 553) requiring notice of proposed
rulemaking, opportunity for public
participation, and delay in effective date
are inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Paperwork Reduction Act
The collections of information related
to 31 CFR parts 515, 537, 538, and 560
are contained in 31 CFR part 501.
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
31 CFR Part 515
Administrative practice and
procedure, Cuba, Exports, Foreign trade,
Imports, Information.
31 CFR Part 537
Administrative practice and
procedure, Burma, Exports, Foreign
trade, Imports, Information.
31 CFR Part 538
Administrative practice and
procedure, Exports, Foreign trade,
Imports, Information, Sudan.
31 CFR Part 560
Administrative practice and
procedure, Exports, Foreign trade, Iran,
Imports, Information.
I For the reasons set forth in the
preamble, OFAC amends 31 CFR parts
515, 537, 538, and 560 as follows:
PART 515—CUBAN ASSETS
CONTROL REGULATIONS
1. The authority citation for part 515
continues to read as follows:
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Authority: 18 U.S.C. 2332d; 22 U.S.C.
2370(a), 6001–6010; 31 U.S.C. 321(b); 50
U.S.C. App 1–44; Pub. L. 101–410, 104 Stat.
890 (28 U.S.C. 2461 note); Pub. L. 106–387,
114 Stat. 1549; E.O. 9193, 7 FR 5205, 3 CFR,
1938–1943 Comp., p. 1147; E.O. 9989, 13 FR
4891, 3 CFR, 1943–1948 Comp., p. 748; Proc.
3447, 27 FR 1085, 3 CFR, 1959–1963 Comp.,
p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993
Comp., p. 614.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Section 515.577 is revised to read
as follows:
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§ 515.577 Authorized transactions
necessary and ordinarily incident to
publishing.
(a) To the extent that such activities
are not exempt from this part, and
subject to the restrictions set forth in
paragraphs (b) through (d) of this
section, persons subject to the
jurisdiction of the United States are
authorized to engage in all transactions
necessary and ordinarily incident to the
publishing and marketing of
manuscripts, books, journals, and
newspapers in paper or electronic
format (collectively, ‘‘written
publications’’).
This section does not apply if the
parties to the transactions described in
this paragraph include the Government
of Cuba. For the purposes of this
section, the term ‘‘Government of Cuba’’
includes the state and the Government
of Cuba, as well as any political
subdivision, agency, or instrumentality
thereof, including the Central Bank of
Cuba; any person occupying the
positions identified in § 515.570(a)(3);
employees of the Ministry of Justice;
and any person acting or purporting to
act directly or indirectly on behalf of
any of the foregoing with respect to the
transactions described in this paragraph.
For the purposes of this section, the
term ‘‘Government of Cuba’’ does not
include any academic and research
institutions and their personnel.
Pursuant to this section, the following
activities are authorized, provided that
persons subject to the jurisdiction of the
United States ensure that they are not
engaging, without separate
authorization, in the activities identified
in paragraphs (b) through (d) of this
section:
(1) Commissioning and making
advance payments for identifiable
written publications not yet in
existence, to the extent consistent with
industry practice;
(2) Collaborating on the creation and
enhancement of written publications;
(3)(i) Augmenting written publications
through the addition of items such as
photographs, artwork, translation,
explanatory text, and, for a written
publication in electronic format, the
addition of embedded software
necessary for reading, browsing,
navigating, or searching the written
publication;
(ii) Exporting embedded software
necessary for reading, browsing,
navigating, or searching a written
publication in electronic format,
provided that, to the extent a license is
required under the Export
Administration Regulations, 15 CFR
parts 730 through 774 (the ‘‘EAR’’), the
exportation is licensed or otherwise
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authorized by the Department of
Commerce under the provisions of the
EAR;
(4) Substantive editing of written
publications;
(5) Payment of royalties for written
publications;
(6) Creating or undertaking a
marketing campaign to promote a
written publication; and
(7) Other transactions necessary and
ordinarily incident to the publishing
and marketing of written publications as
described in this paragraph (a).
(b) This section does not authorize
transactions involving the provision of
goods or services not necessary and
ordinarily incident to the publishing
and marketing of written publications as
described in paragraph (a) of this
section. For example, this section does
not authorize persons subject to the
jurisdiction of the United States:
(1) To provide or receive
individualized or customized services
(including, but not limited to,
accounting, legal, design, or consulting
services), other than those necessary
and ordinarily incident to the
publishing and marketing of written
publications, even though such
individualized or customized services
are delivered through the use of
information and informational
materials;
(2) To create or undertake for any
person a marketing campaign with
respect to any service or product other
than a written publication, or to create
or undertake a marketing campaign of
any kind for the benefit of the
Government of Cuba;
(3) To engage in the exportation or
importation of goods to or from Cuba
other than the exportation of embedded
software described in paragraph
(a)(3)(ii) of this section;
(4) To operate a publishing house,
sales outlet, or other office in Cuba; or
(5) To engage in transactions related
to travel to, from, or within Cuba.
Note to paragraph (b): The importation
from Cuba and the exportation to Cuba of
information or informational materials, as
defined in § 515.332, whether commercial or
otherwise, regardless of format or medium of
transmission, are exempt from the
prohibitions and regulations of this part. See
§ 515.206(a).
(c) This section does not authorize
persons subject to the jurisdiction of the
United States to engage the services of
publishing houses or translators in Cuba
unless such activity is primarily for the
dissemination of written publications in
Cuba.
(d) This section does not authorize:
(1) Transactions for the development,
production, or design of software;
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(2) Transactions for the development,
production, design, or marketing of
technology specifically controlled by
the International Traffic in Arms
Regulations, 22 CFR parts 120 through
130 (the ‘‘ITAR’’), the EAR, or the
Department of Energy Regulations set
forth at 10 CFR part 810.
(3) The exportation of information or
technology subject to the authorization
requirements of 10 CFR part 810, or
Restricted Data as defined in section 11
y. of the Atomic Energy Act of 1954, as
amended, or of other information, data,
or technology the release of which is
controlled under the Atomic Energy Act
and regulations therein;
(4) The exportation of any item
(including information) subject to the
EAR where a U.S. person knows or has
reason to know that the item will be
used, directly or indirectly, with respect
to certain nuclear, missile, chemical, or
biological weapons or nuclear-maritime
end-uses as set forth in part 744 of the
EAR. In addition, U.S. persons are
precluded from exporting any item
subject to the EAR to certain restricted
end-users, as set forth in part 744 of the
EAR, as well as certain persons whose
export privileges have been denied
pursuant to parts 764 or 766 of the EAR,
without authorization from the
Department of Commerce; or
(5) The exportation of information
subject to licensing requirements under
the ITAR, or exchanges of information
that are subject to regulation by other
government agencies.
(e) Pursuant to § 515.564, specific
licenses may be issued on a case-by-case
basis authorizing the travel-related
transactions set forth in § 515.560(c) and
such additional transactions that are
directly incident to attendance of
professional meetings that are necessary
and ordinarily incident to the
publishing and marketing of written
publications.
PART 537—BURMESE SANCTIONS
REGULATIONS
1. The authority citation for part 537
is amended to read as follows:
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Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Sec. 570
Pub. L. 104–208, 110 Stat. 3009; Pub. L. 108–
61, 117 Stat. 864; Pub. L. 109–177, 120 Stat.
192; E.O. 13047, 62 FR 28301, 3 CFR 1997
Comp., p. 202; E.O. 13310, 68 FR 44853, 3
CFR 2004 Comp., p. 241l.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Section 537.526 is revised to read
as follows:
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§ 537.526 Authorized transactions
necessary and ordinarily incident to
publishing.
(a) To the extent that such activities
are not exempt from this part, and
subject to the restrictions set forth in
paragraphs (b) through (d) of this
section, U.S. persons are authorized to
engage in all transactions otherwise
prohibited by § 537.201 or § 537.202
that are necessary and ordinarily
incident to the publishing and
marketing of manuscripts, books,
journals, and newspapers in paper or
electronic format (collectively, ‘‘written
publications’’). This section does not
apply if the parties to the transactions
described in this paragraph include the
State Peace and Development Council of
Burma or the Union Solidarity and
Development Association of Burma; any
successor entity to any of the foregoing
entities; or any person, other than
personnel of academic and research
institutions, acting or purporting to act
directly or indirectly on behalf of the
foregoing entities with respect to the
transactions described in this paragraph.
Pursuant to this section, transactions
incident to the following activities are
authorized, provided they do not
involve any importations prohibited by
§ 537.203 that are not authorized by
another section of this part 537, and
further provided that U.S. persons
ensure that they are not engaging,
without separate authorization, in the
activities identified in paragraphs (b)
through (d) of this section:
(1) Commissioning and making
advance payments for identifiable
written publications not yet in
existence, to the extent consistent with
industry practice;
(2) Collaborating on the creation and
enhancement of written publications;
(3)(i) Augmenting written
publications through the addition of
items such as photographs, artwork,
translation, explanatory text, and, for a
written publication in electronic format,
the addition of embedded software
necessary for reading, browsing,
navigating, or searching the written
publication;
(ii) Exporting embedded software
necessary for reading, browsing,
navigating, or searching a written
publication in electronic format,
provided that, to the extent a license is
required under the Export
Administration Regulations, 15 CFR
parts 730 through 774 (the ‘‘EAR’’), the
exportation is licensed or otherwise
authorized by the Department of
Commerce under the provisions of the
EAR;
(4) Substantive editing of written
publications;
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50049
(5) Payment of royalties for written
publications;
(6) Creating or undertaking a
marketing campaign to promote a
written publication; and
(7) Other transactions necessary and
ordinarily incident to the publishing
and marketing of written publications as
described in this paragraph (a).
(b) This section does not authorize
transactions constituting the exportation
or reexportation of financial services
from the United States or by U.S.
persons to Burma that are not necessary
and ordinarily incident to the
publishing and marketing of written
publications as described paragraph (a)
of this section. For example, this section
does not authorize U.S. persons to
transfer funds to Burma relating to the
following:
(1) The provision or receipt of
individualized or customized services
(including, but not limited to,
accounting, legal, design, or consulting
services), other than those necessary
and ordinarily incident to the
publishing and marketing of written
publications, even though such
individualized or customized services
are delivered through the use of
information and informational
materials;
(2) The creation or undertaking of a
marketing campaign for any person with
respect to any service or product other
than a written publication, or the
creation or undertaking of a marketing
campaign of any kind for the benefit of
the State Peace and Development
Council of Burma or the Union
Solidarity and Development Association
of Burma; or
(3) The operation of a publishing
house, sales outlet, or other office in
Burma.
Note to paragraph (b): The importation of
information or informational materials, as
defined in § 537.308, that are products of
Burma is authorized by the general license
set forth in § 537.515. The exportation to
Burma of information or informational
materials, as defined in § 537.308, whether
commercial or otherwise, regardless of format
or medium of transmission, is exempt from
the prohibitions and regulations of this part.
See § 537.210(b).
(c) This section does not authorize
U.S. persons to engage in transactions
constituting the exportation or
reexportation of financial services to
Burma that relate to the services of
publishing houses or translators in
Burma unless such activity is primarily
for the dissemination of written
publications in Burma.
(d) This section does not authorize:
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(1) The importation into the United
States of any article that is a product of
Burma.
Note to paragraph (d)(1): The importation
of information or informational materials, as
defined in § 537.308, that are products of
Burma is authorized by the general license
set forth in § 537.515.
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(2) Transactions constituting the
exportation or reexportation of financial
services from the United States or by
U.S. persons to Burma that relate to the
development, production, design, or
marketing of technology specifically
controlled by the International Traffic in
Arms Regulations, 22 CFR parts 120
through 130 (the ‘‘ITAR’’), the EAR, or
the Department of Energy Regulations
set forth at 10 CFR part 810.
(3) Transactions constituting the
exportation or reexportation of financial
services from the United States or by
U.S. persons to Burma that relate to the
exportation of information or
technology subject to the authorization
requirements of 10 CFR part 810, or
Restricted Data as defined in section
11y. of the Atomic Energy Act of 1954,
as amended, or of other information,
data, or technology the release of which
is controlled under the Atomic Energy
Act and regulations therein;
(4) Transactions constituting the
exportation or reexportation of financial
services from the United States or by
U.S. persons to Burma that relate to the
exportation of any item (including
information) subject to the EAR where
a U.S. person knows or has reason to
know that the item will be used, directly
or indirectly, with respect to certain
nuclear, missile, chemical, or biological
weapons or nuclear-maritime end-uses
as set forth in part 744 of the EAR. In
addition, U.S. persons are precluded
from exporting any item subject to the
EAR to certain restricted end-users, as
set forth in part 744 of the EAR, as well
as certain persons whose export
privileges have been denied pursuant to
parts 764 or 766 of the EAR, without
authorization from the Department of
Commerce; or
(5) Transactions constituting the
exportation or reexportation of financial
services from the United States or by
U.S. persons to Burma that relate to the
exportation of information subject to
licensing requirements under the ITAR
or exchanges of information that are
subject to regulation by other
government agencies.
PART 538—SUDANESE SANCTIONS
REGULATIONS
1. The authority citation for part 538
is amended to read as follows:
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Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
18 U.S.C. 2339B, 2332d; 50 U.S.C. 1601–
1651, 1701–1706; Pub. L. 106–387, 114 Stat.
1549; Pub. L. 109–177, 120 Stat. 192; E.O.
13067, 62 FR 59989; 3 CFR, 1997 Comp., p.
230.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Section 538.529 is revised to read
as follows:
I
§ 538.529 Authorized transactions
necessary and ordinarily incident to
publishing.
(a) To the extent that such activities
are not exempt from this part, and
subject to the restrictions set forth in
paragraphs (b) through (d) of this
section, U.S. persons are authorized to
engage in all transactions necessary and
ordinarily incident to the publishing
and marketing of manuscripts, books,
journals, and newspapers in paper or
electronic format (collectively, ‘‘written
publications’’). This section does not
apply if the parties to the transactions
described in this paragraph include the
Government of Sudan. For the purposes
of this section, the term ‘‘Government of
Sudan’’ includes the state and the
Government of Sudan, as well as any
political subdivision, agency, or
instrumentality thereof, including the
Central Bank of Sudan, and any person
acting or purporting to act directly or
indirectly on behalf of any of the
foregoing with respect to the
transactions described in this paragraph.
For the purposes of this section, the
term ‘‘Government of Sudan’’ does not
include any academic and research
institutions and their personnel.
Pursuant to this section, the following
activities are authorized, provided that
U.S. persons ensure that they are not
engaging, without separate
authorization, in the activities identified
in paragraphs (b) through (d) of this
section:
(1) Commissioning and making
advance payments for identifiable
written publications not yet in
existence, to the extent consistent with
industry practice;
(2) Collaborating on the creation and
enhancement of written publications;
(3)(i) Augmenting written
publications through the addition of
items such as photographs, artwork,
translation, explanatory text, and, for a
written publication in electronic format,
the addition of embedded software
necessary for reading, browsing,
navigating, or searching the written
publication;
(ii) Exporting embedded software
necessary for reading, browsing,
navigating, or searching a written
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publication in electronic format,
provided that the software is classified
as ‘‘EAR 99’’ under the Export
Administration Regulations, 15 CFR
parts 730–774 (the ‘‘EAR’’), or is not
subject to the EAR;
(4) Substantive editing of written
publications;
(5) Payment of royalties for written
publications;
(6) Creating or undertaking a
marketing campaign to promote a
written publication; and
(7) Other transactions necessary and
ordinarily incident to the publishing
and marketing of written publications as
described in this paragraph (a).
(b) This section does not authorize
transactions involving the provision of
goods or services not necessary and
ordinarily incident to the publishing
and marketing of written publications as
described in paragraph (a) of this
section. For example, this section does
not authorize U.S. persons:
(1) To provide or receive
individualized or customized services
(including, but not limited to,
accounting, legal, design, or consulting
services), other than those necessary
and ordinarily incident to the
publishing and marketing of written
publications, even though such
individualized or customized services
are delivered through the use of
information and informational
materials;
(2) To create or undertake for any
person a marketing campaign with
respect to any service or product other
than a written publication, or to create
or undertake a marketing campaign of
any kind for the benefit of the
Government of Sudan;
(3) To engage in the exportation or
importation of goods to or from Sudan
other than the exportation of embedded
software described in paragraph
(a)(3)(ii) of this section; or
(4) To operate a publishing house,
sales outlet, or other office in Sudan.
Note to paragraph (b): The importation
from Sudan and the exportation to Sudan of
information or informational materials, as
defined in § 538.306, whether commercial or
otherwise, regardless of format or medium of
transmission, are exempt from the
prohibitions and regulations of this part. See
§ 538.211(c).
(c) This section does not authorize
U.S. persons to engage the services of
publishing houses or translators in
Sudan unless such activity is primarily
for the dissemination of written
publications in Sudan.
(d) This section does not authorize:
(1) The exportation from or
importation into the United States of
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Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Rules and Regulations
services for the development,
production, or design of software;
(2) Transactions for the development,
production, design, or marketing of
technology specifically controlled by
the International Traffic in Arms
Regulations, 22 CFR parts 120 through
130 (the ‘‘ITAR’’), the EAR, or the
Department of Energy Regulations set
forth at 10 CFR part 810.
(3) The exportation of information or
technology subject to the authorization
requirements of 10 CFR part 810, or
Restricted Data as defined in section 11
y. of the Atomic Energy Act of 1954, as
amended, or of other information, data,
or technology the release of which is
controlled under the Atomic Energy Act
and regulations therein;
(4) The exportation of any item
(including information) subject to the
EAR where a U.S. person knows or has
reason to know that the item will be
used, directly or indirectly, with respect
to certain nuclear, missile, chemical, or
biological weapons or nuclear-maritime
end-uses as set forth in part 744 of the
EAR. In addition, U.S. persons are
precluded from exporting any item
subject to the EAR to certain restricted
end-users, as set forth in part 744 of the
EAR, as well as certain persons whose
export privileges have been denied
pursuant to parts 764 or 766 of the EAR,
without authorization from the
Department of Commerce; or
(5) The exportation of information
subject to licensing requirements under
the ITAR or exchanges of information
that are subject to regulation by other
government agencies.
PART 560—IRANIAN TRANSACTIONS
REGULATIONS
1. The authority citation for part 560
continues to read as follows:
I
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B,
2332d; 22 U.S.C. 2349aa–9; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Pub. L.
101–410, 104 Stat. 890 (28 U.S.C. 2461 note);
Pub. L. 106–387, 114 Stat. 1549; E.O. 12613,
52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O.
12957, 60 FR 14615, 3 CFR, 1995 Comp., p.
332; E.O. 12959, 60 FR 24757, 3 CFR, 1995
Comp., p. 365; E.O. 13059, 62 FR 44531, 3
CFR, 1997 Comp., p. 217.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Section 560.538 is revised to read
as follows:
rfrederick on PROD1PC67 with RULES
I
§ 560.538 Authorized transactions
necessary and ordinarily incident to
publishing.
(a) To the extent that such activities
are not exempt from this part, and
subject to the restrictions set forth in
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13:09 Aug 29, 2007
Jkt 211001
paragraphs (b) through (d) of this
section, U.S. persons are authorized to
engage in all transactions necessary and
ordinarily incident to the publishing
and marketing of manuscripts, books,
journals, and newspapers in paper or
electronic format (collectively, ‘‘written
publications’’). This section does not
apply if the parties to the transactions
described in this paragraph include the
Government of Iran. For the purposes of
this section, the term ‘‘Government of
Iran’’ includes the state and the
Government of Iran, as well as any
political subdivision, agency, or
instrumentality thereof, which includes
the Central Bank of Islamic Republic of
Iran, and any person acting or
purporting to act directly or indirectly
on behalf of any of the foregoing with
respect to the transactions described in
this paragraph. For the purposes of this
section, the term ‘‘Government of Iran’’
does not include any academic and
research institutions and their
personnel. Pursuant to this section, the
following activities are authorized,
provided that U.S. persons ensure that
they are not engaging, without separate
authorization, in the activities identified
in paragraphs (b) through (d) of this
section:
(1) Commissioning and making
advance payments for identifiable
written publications not yet in
existence, to the extent consistent with
industry practice;
(2) Collaborating on the creation and
enhancement of written publications;
(3)(i) Augmenting written
publications through the addition of
items such as photographs, artwork,
translation, explanatory text, and, for a
written publication in electronic format,
the addition of embedded software
necessary for reading, browsing,
navigating, or searching the written
publication;
(ii) Exporting embedded software
necessary for reading, browsing,
navigating, or searching a written
publication in electronic format,
provided that the software is classified
as ‘‘EAR 99’’ under the Export
Administration Regulations, 15 CFR
parts 730 through 774 (the ‘‘EAR’’), or
is not subject to the EAR;
(4) Substantive editing of written
publications;
(5) Payment of royalties for written
publications;
(6) Creating or undertaking a
marketing campaign to promote a
written publication; and
(7) Other transactions necessary and
ordinarily incident to the publishing
and marketing of written publications as
described in this paragraph (a).
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
50051
(b) This section does not authorize
transactions involving the provision of
goods or services not necessary and
ordinarily incident to the publishing
and marketing of written publications as
described in paragraph (a) of this
section. For example, this section does
not authorize U.S. persons:
(1) To provide or receive
individualized or customized services
(including, but not limited to,
accounting, legal, design, or consulting
services), other than those necessary
and ordinarily incident to the
publishing and marketing of written
publications, even though such
individualized or customized services
are delivered through the use of
information and informational
materials;
(2) To create or undertake for any
person a marketing campaign with
respect to any service or product other
than a written publication, or to create
or undertake a marketing campaign of
any kind for the benefit of the
Government of Iran;
(3) To engage in the exportation or
importation of goods to or from Iran
other than the exportation of embedded
software described in paragraph
(a)(3)(ii); or
(4) To operate a publishing house,
sales outlet, or other office in Iran.
Note to paragraph (b): The importation
from Iran and the exportation to Iran of
information or informational materials, as
defined in § 560.315, whether commercial or
otherwise, regardless of format or medium of
transmission, are exempt from the
prohibitions and regulations of this part. See
§ 560.210(c).
(c) This section does not authorize
U.S. persons to engage the services of
publishing houses or translators in Iran
unless such activity is primarily for the
dissemination of written publications in
Iran.
(d) This section does not authorize:
(1) The exportation from or
importation into the United States of
services for the development,
production, or design of software;
(2) Transactions for the development,
production, design, or marketing of
technology specifically controlled by
the International Traffic in Arms
Regulations, 22 CFR parts 120 through
130 (the ‘‘ITAR’’), the EAR, or the
Department of Energy Regulations set
forth at 10 CFR part 810.
(3) The exportation of information or
technology subject to the authorization
requirements of 10 CFR part 810, or
Restricted Data as defined in section 11
y. of the Atomic Energy Act of 1954, as
amended, or of other information, data,
or technology the release of which is
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50052
Federal Register / Vol. 72, No. 168 / Thursday, August 30, 2007 / Rules and Regulations
controlled under the Atomic Energy Act
and regulations therein;
(4) The exportation of any item
(including information) subject to the
EAR where a U.S. person knows or has
reason to know that the item will be
used, directly or indirectly, with respect
to certain nuclear, missile, chemical, or
biological weapons or nuclear-maritime
end-uses as set forth in part 744 of the
EAR. In addition, U.S. persons are
precluded from exporting any item
subject to the EAR to certain restricted
end-users, as set forth in part 744 of the
EAR, as well as certain persons whose
export privileges have been denied
pursuant to parts 764 or 766 of the EAR,
without authorization from the
Department of Commerce; or
(5) The exportation of information
subject to licensing requirements under
the ITAR or exchanges of information
that are subject to regulation by other
government agencies.
Dated: August 21, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7–17054 Filed 8–29–07; 8:45 am]
BILLING CODE 4811–42–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. CGD11–07–013]
Drawbridge Operation Regulations;
Sacramento River, Rio Vista, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, Eleventh
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Rio Vista
Drawbridge across the Sacramento
River, mile 12.8, at Rio Vista, CA. The
deviation is necessary to allow the
bridge owner, the California Department
of Transportation (Caltrans), to conduct
required maintenance of the drawspan.
This deviation allows for a 4-hour
notice for openings.
DATES: This deviation is effective from
9 p.m. September 5, 2007 through 5 a.m.
on October 21, 2007.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at Commander (dpw), Eleventh
Coast Guard District, Building 50–2,
Coast Guard Island, Alameda, CA
94501–5100, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
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SUMMARY:
VerDate Aug<31>2005
13:09 Aug 29, 2007
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holidays. The telephone number is (510)
437–3516. The Eleventh Coast Guard
District maintains the public docket for
this temporary deviation.
FOR FURTHER INFORMATION CONTACT:
David H. Sulouff, Chief, Bridge Section,
Eleventh Coast Guard District,
telephone (510) 437–3516.
SUPPLEMENTARY INFORMATION: Caltrans
requested a temporary change to the
operation of the Rio Vista Drawbridge,
mile 12.8, Sacramento River, at Rio
Vista, CA. The Rio Vista Drawbridge
navigation span provides a vertical
clearance of 17 feet above Mean High
Water in the closed-to-navigation
position. The draw opens on signal as
required by 33 CFR 117.5. Navigation on
the waterway consists of both
commercial and recreational vessels.
This deviation allows the bridge to
require a 4-hour notice for openings.
The 4-hour notice for openings during
the maintenance period, from 9 p.m.
September 5, 2007 through 5 a.m. on
October 21, 2007, will allow Caltrans to
clear the drawspan of maintenance
equipment so as not to delay
approaching vessels. This temporary
deviation has been coordinated with all
affected waterway users. No objections
to the proposed temporary deviation
were raised.
Vessels that can transit the bridge,
while in the closed-to-navigation
position, may continue to do so at any
time.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUMMARY: The Coast Guard revises the
regulations governing the Regulated
Navigation Area (RNA) in First Coast
Guard District waters to require that
certain tank vessels and tug/barge
combinations transiting Buzzards Bay,
Massachusetts, be accompanied by
escort tugs and pilots operating under a
properly endorsed Federal pilot’s
license. The Coast Guard establishes a
Vessel Movement Reporting System
(VMRS) for Buzzards Bay, and requires
mandatory participation in the VMRS
by vessels subject to the Vessel Bridgeto-Bridge VHF Radiotelephone
regulations, including tug/barge
combinations. The purpose of this rule
is to reduce the likelihood of an
incident that might result in a collision,
allision, or grounding and the aftermath
discharge or release of oil or hazardous
material into the navigable waters of the
United States.
DATES: This rule is effective November
28, 2007.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
the docket and are available for
inspection and copying at the offices of
Commander, Coast Guard Sector
Southeastern New England, East
Providence office, 20 Risho Avenue,
East Providence, RI 02914, between 8
a.m. and 3 p.m. Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward G. LeBlanc at Coast Guard
Sector Southeastern New England, East
Providence, RI, 401–435–2351.
SUPPLEMENTARY INFORMATION:
Dated: August 22, 2007.
C.E. Bone,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. E7–17146 Filed 8–29–07; 8:45 am]
Regulatory Information
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 161 and 165
[CGD01–04–133]
RIN 1625–AB17
Regulated Navigation Area; Buzzards
Bay, MA; Navigable Waterways Within
the First Coast Guard District
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
On March 29, 2006, the Coast Guard
published a Notice of Proposed
Rulemaking (NPRM) in Volume 71, No.
60, pages 15649 to 15656 of the Federal
Register, under the heading ‘‘Navigation
and Waterways Management
Improvements, Buzzards Bay, MA’’. We
received 17 comments on the proposed
rule. No public meeting was requested
and none was held. Pursuant to issues
and obligations discussed in Federalism
below, on September 13, 2006, the Coast
Guard held a consultation meeting for
Massachusetts cities and towns that
border Buzzards Bay. The city of New
Bedford and the town of Westport sent
representatives to this meeting and were
consulted on the Coast Guard’s actions
with respect to this rulemaking process
and their federalism implications. On
October 11, 2006, the Coast Guard held
a similar consultative meeting with the
Acting Commissioner of the
E:\FR\FM\30AUR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 168 (Thursday, August 30, 2007)]
[Rules and Regulations]
[Pages 50047-50052]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17054]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 515, 537, 538, and 560
Cuban Assets Control Regulations, Burmese Sanctions Regulations,
Sudanese Sanctions Regulations, and Iranian Transactions Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Foreign Assets Control of the U.S. Department of
the Treasury is revising the general license for certain publishing
activities contained in the Cuban Assets Control Regulations, Burmese
Sanctions Regulations, Sudanese Sanctions Regulations, and Iranian
Transactions Regulations.
DATES: Effective Date: August 30, 2007.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing,
tel.: 202/622-2480, Assistant Director for Compliance, Outreach &
Implementation, tel.: 202/622-2490, Assistant Director for Policy,
tel.: 202/622-4855, Office of Foreign Assets Control, or Chief Counsel
(Foreign Assets Control), tel.: 202/622-2410, Office of the General
Counsel, Department of the Treasury, Washington, DC 20220 (not toll
free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning the Office of
Foreign Assets Control (``OFAC'') are available from OFAC's Web site
(https://www.treas.gov/ofac) or via facsimile through a 24-hour fax-on
demand service, tel.: (202) 622-0077.
Background
On December 17, 2004, the Office of Foreign Assets Control
(``OFAC'') of the Department of the Treasury amended the Cuban Assets
Control Regulations, 31 CFR Part 515 (the ``CACR''), the Sudanese
Sanctions Regulations, 31 CFR Part 538 (the ``SSR''), and the Iranian
Transactions Regulations, 31 CFR Part 560 (the ``ITR''), to authorize
certain activities related to publishing. See 69 FR 75468 (December 17,
2004). OFAC added Sec. Sec. 515.577, 538.529, and 560.538 to the CACR,
SSR, and ITR, respectively, to authorize by general license
transactions not already exempt from regulation that support the
publishing and marketing of manuscripts, books, journals, and
newspapers in paper and electronic format (``written publications'').
On August 16, 2005, OFAC amended and reissued the Burmese Sanctions
Regulations, 31 CFR Part 537 (the ``BSR'') including, at Sec. 537.526,
a general license for the same publishing-related transactions.
OFAC is amending these general licenses in various places to
authorize the augmentation of written publications in electronic format
through the addition of embedded software necessary for reading,
browsing, navigating, or searching the written publications as well as
the exportation of such embedded software provided certain conditions
are met. These amendments also clarify that the term ``written
publications'' used in the general licenses includes manuscripts,
books, journals, and newspapers even if they are published solely in
electronic format. A note is added to each general license clarifying
that the importation and exportation of information or informational
materials are exempt from the prohibitions and regulations contained in
the CACR, SSR, and ITR and, in the case of the BSR, clarifying that the
importation of informational materials is authorized and the
exportation of informational materials is exempt from the prohibitions
and regulations of the BSR. These amendments also make various other
technical corrections, clarifications, and conforming changes.
Public Participation; Procedural Requirements
Because the CACR, BSR, SSR, and ITR involve a foreign affairs
function, the provisions of Executive Order 12866
[[Page 50048]]
and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date are inapplicable. Because no notice of proposed
rulemaking is required for this rule, the Regulatory Flexibility Act (5
U.S.C. 601-612) does not apply.
Paperwork Reduction Act
The collections of information related to 31 CFR parts 515, 537,
538, and 560 are contained in 31 CFR part 501. 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
31 CFR Part 515
Administrative practice and procedure, Cuba, Exports, Foreign
trade, Imports, Information.
31 CFR Part 537
Administrative practice and procedure, Burma, Exports, Foreign
trade, Imports, Information.
31 CFR Part 538
Administrative practice and procedure, Exports, Foreign trade,
Imports, Information, Sudan.
31 CFR Part 560
Administrative practice and procedure, Exports, Foreign trade,
Iran, Imports, Information.
0
For the reasons set forth in the preamble, OFAC amends 31 CFR parts
515, 537, 538, and 560 as follows:
PART 515--CUBAN ASSETS CONTROL REGULATIONS
0
1. The authority citation for part 515 continues to read as follows:
Authority: 18 U.S.C. 2332d; 22 U.S.C. 2370(a), 6001-6010; 31
U.S.C. 321(b); 50 U.S.C. App 1-44; Pub. L. 101-410, 104 Stat. 890
(28 U.S.C. 2461 note); Pub. L. 106-387, 114 Stat. 1549; E.O. 9193, 7
FR 5205, 3 CFR, 1938-1943 Comp., p. 1147; E.O. 9989, 13 FR 4891, 3
CFR, 1943-1948 Comp., p. 748; Proc. 3447, 27 FR 1085, 3 CFR, 1959-
1963 Comp., p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Section 515.577 is revised to read as follows:
Sec. 515.577 Authorized transactions necessary and ordinarily
incident to publishing.
(a) To the extent that such activities are not exempt from this
part, and subject to the restrictions set forth in paragraphs (b)
through (d) of this section, persons subject to the jurisdiction of the
United States are authorized to engage in all transactions necessary
and ordinarily incident to the publishing and marketing of manuscripts,
books, journals, and newspapers in paper or electronic format
(collectively, ``written publications'').
This section does not apply if the parties to the transactions
described in this paragraph include the Government of Cuba. For the
purposes of this section, the term ``Government of Cuba'' includes the
state and the Government of Cuba, as well as any political subdivision,
agency, or instrumentality thereof, including the Central Bank of Cuba;
any person occupying the positions identified in Sec. 515.570(a)(3);
employees of the Ministry of Justice; and any person acting or
purporting to act directly or indirectly on behalf of any of the
foregoing with respect to the transactions described in this paragraph.
For the purposes of this section, the term ``Government of Cuba'' does
not include any academic and research institutions and their personnel.
Pursuant to this section, the following activities are authorized,
provided that persons subject to the jurisdiction of the United States
ensure that they are not engaging, without separate authorization, in
the activities identified in paragraphs (b) through (d) of this
section:
(1) Commissioning and making advance payments for identifiable
written publications not yet in existence, to the extent consistent
with industry practice;
(2) Collaborating on the creation and enhancement of written
publications; (3)(i) Augmenting written publications through the
addition of items such as photographs, artwork, translation,
explanatory text, and, for a written publication in electronic format,
the addition of embedded software necessary for reading, browsing,
navigating, or searching the written publication;
(ii) Exporting embedded software necessary for reading, browsing,
navigating, or searching a written publication in electronic format,
provided that, to the extent a license is required under the Export
Administration Regulations, 15 CFR parts 730 through 774 (the ``EAR''),
the exportation is licensed or otherwise authorized by the Department
of Commerce under the provisions of the EAR;
(4) Substantive editing of written publications;
(5) Payment of royalties for written publications;
(6) Creating or undertaking a marketing campaign to promote a
written publication; and
(7) Other transactions necessary and ordinarily incident to the
publishing and marketing of written publications as described in this
paragraph (a).
(b) This section does not authorize transactions involving the
provision of goods or services not necessary and ordinarily incident to
the publishing and marketing of written publications as described in
paragraph (a) of this section. For example, this section does not
authorize persons subject to the jurisdiction of the United States:
(1) To provide or receive individualized or customized services
(including, but not limited to, accounting, legal, design, or
consulting services), other than those necessary and ordinarily
incident to the publishing and marketing of written publications, even
though such individualized or customized services are delivered through
the use of information and informational materials;
(2) To create or undertake for any person a marketing campaign with
respect to any service or product other than a written publication, or
to create or undertake a marketing campaign of any kind for the benefit
of the Government of Cuba;
(3) To engage in the exportation or importation of goods to or from
Cuba other than the exportation of embedded software described in
paragraph (a)(3)(ii) of this section;
(4) To operate a publishing house, sales outlet, or other office in
Cuba; or
(5) To engage in transactions related to travel to, from, or within
Cuba.
Note to paragraph (b): The importation from Cuba and the
exportation to Cuba of information or informational materials, as
defined in Sec. 515.332, whether commercial or otherwise,
regardless of format or medium of transmission, are exempt from the
prohibitions and regulations of this part. See Sec. 515.206(a).
(c) This section does not authorize persons subject to the
jurisdiction of the United States to engage the services of publishing
houses or translators in Cuba unless such activity is primarily for the
dissemination of written publications in Cuba.
(d) This section does not authorize:
(1) Transactions for the development, production, or design of
software;
[[Page 50049]]
(2) Transactions for the development, production, design, or
marketing of technology specifically controlled by the International
Traffic in Arms Regulations, 22 CFR parts 120 through 130 (the
``ITAR''), the EAR, or the Department of Energy Regulations set forth
at 10 CFR part 810.
(3) The exportation of information or technology subject to the
authorization requirements of 10 CFR part 810, or Restricted Data as
defined in section 11 y. of the Atomic Energy Act of 1954, as amended,
or of other information, data, or technology the release of which is
controlled under the Atomic Energy Act and regulations therein;
(4) The exportation of any item (including information) subject to
the EAR where a U.S. person knows or has reason to know that the item
will be used, directly or indirectly, with respect to certain nuclear,
missile, chemical, or biological weapons or nuclear-maritime end-uses
as set forth in part 744 of the EAR. In addition, U.S. persons are
precluded from exporting any item subject to the EAR to certain
restricted end-users, as set forth in part 744 of the EAR, as well as
certain persons whose export privileges have been denied pursuant to
parts 764 or 766 of the EAR, without authorization from the Department
of Commerce; or
(5) The exportation of information subject to licensing
requirements under the ITAR, or exchanges of information that are
subject to regulation by other government agencies.
(e) Pursuant to Sec. 515.564, specific licenses may be issued on a
case-by-case basis authorizing the travel-related transactions set
forth in Sec. 515.560(c) and such additional transactions that are
directly incident to attendance of professional meetings that are
necessary and ordinarily incident to the publishing and marketing of
written publications.
PART 537--BURMESE SANCTIONS REGULATIONS
0
1. The authority citation for part 537 is amended to read as follows:
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651,
1701-1706; Sec. 570 Pub. L. 104-208, 110 Stat. 3009; Pub. L. 108-61,
117 Stat. 864; Pub. L. 109-177, 120 Stat. 192; E.O. 13047, 62 FR
28301, 3 CFR 1997 Comp., p. 202; E.O. 13310, 68 FR 44853, 3 CFR 2004
Comp., p. 241l.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Section 537.526 is revised to read as follows:
Sec. 537.526 Authorized transactions necessary and ordinarily
incident to publishing.
(a) To the extent that such activities are not exempt from this
part, and subject to the restrictions set forth in paragraphs (b)
through (d) of this section, U.S. persons are authorized to engage in
all transactions otherwise prohibited by Sec. 537.201 or Sec. 537.202
that are necessary and ordinarily incident to the publishing and
marketing of manuscripts, books, journals, and newspapers in paper or
electronic format (collectively, ``written publications''). This
section does not apply if the parties to the transactions described in
this paragraph include the State Peace and Development Council of Burma
or the Union Solidarity and Development Association of Burma; any
successor entity to any of the foregoing entities; or any person, other
than personnel of academic and research institutions, acting or
purporting to act directly or indirectly on behalf of the foregoing
entities with respect to the transactions described in this paragraph.
Pursuant to this section, transactions incident to the following
activities are authorized, provided they do not involve any
importations prohibited by Sec. 537.203 that are not authorized by
another section of this part 537, and further provided that U.S.
persons ensure that they are not engaging, without separate
authorization, in the activities identified in paragraphs (b) through
(d) of this section:
(1) Commissioning and making advance payments for identifiable
written publications not yet in existence, to the extent consistent
with industry practice;
(2) Collaborating on the creation and enhancement of written
publications;
(3)(i) Augmenting written publications through the addition of
items such as photographs, artwork, translation, explanatory text, and,
for a written publication in electronic format, the addition of
embedded software necessary for reading, browsing, navigating, or
searching the written publication;
(ii) Exporting embedded software necessary for reading, browsing,
navigating, or searching a written publication in electronic format,
provided that, to the extent a license is required under the Export
Administration Regulations, 15 CFR parts 730 through 774 (the ``EAR''),
the exportation is licensed or otherwise authorized by the Department
of Commerce under the provisions of the EAR;
(4) Substantive editing of written publications;
(5) Payment of royalties for written publications;
(6) Creating or undertaking a marketing campaign to promote a
written publication; and
(7) Other transactions necessary and ordinarily incident to the
publishing and marketing of written publications as described in this
paragraph (a).
(b) This section does not authorize transactions constituting the
exportation or reexportation of financial services from the United
States or by U.S. persons to Burma that are not necessary and
ordinarily incident to the publishing and marketing of written
publications as described paragraph (a) of this section. For example,
this section does not authorize U.S. persons to transfer funds to Burma
relating to the following:
(1) The provision or receipt of individualized or customized
services (including, but not limited to, accounting, legal, design, or
consulting services), other than those necessary and ordinarily
incident to the publishing and marketing of written publications, even
though such individualized or customized services are delivered through
the use of information and informational materials;
(2) The creation or undertaking of a marketing campaign for any
person with respect to any service or product other than a written
publication, or the creation or undertaking of a marketing campaign of
any kind for the benefit of the State Peace and Development Council of
Burma or the Union Solidarity and Development Association of Burma; or
(3) The operation of a publishing house, sales outlet, or other
office in Burma.
Note to paragraph (b): The importation of information or
informational materials, as defined in Sec. 537.308, that are
products of Burma is authorized by the general license set forth in
Sec. 537.515. The exportation to Burma of information or
informational materials, as defined in Sec. 537.308, whether
commercial or otherwise, regardless of format or medium of
transmission, is exempt from the prohibitions and regulations of
this part. See Sec. 537.210(b).
(c) This section does not authorize U.S. persons to engage in
transactions constituting the exportation or reexportation of financial
services to Burma that relate to the services of publishing houses or
translators in Burma unless such activity is primarily for the
dissemination of written publications in Burma.
(d) This section does not authorize:
[[Page 50050]]
(1) The importation into the United States of any article that is a
product of Burma.
Note to paragraph (d)(1): The importation of information or
informational materials, as defined in Sec. 537.308, that are
products of Burma is authorized by the general license set forth in
Sec. 537.515.
(2) Transactions constituting the exportation or reexportation of
financial services from the United States or by U.S. persons to Burma
that relate to the development, production, design, or marketing of
technology specifically controlled by the International Traffic in Arms
Regulations, 22 CFR parts 120 through 130 (the ``ITAR''), the EAR, or
the Department of Energy Regulations set forth at 10 CFR part 810.
(3) Transactions constituting the exportation or reexportation of
financial services from the United States or by U.S. persons to Burma
that relate to the exportation of information or technology subject to
the authorization requirements of 10 CFR part 810, or Restricted Data
as defined in section 11y. of the Atomic Energy Act of 1954, as
amended, or of other information, data, or technology the release of
which is controlled under the Atomic Energy Act and regulations
therein;
(4) Transactions constituting the exportation or reexportation of
financial services from the United States or by U.S. persons to Burma
that relate to the exportation of any item (including information)
subject to the EAR where a U.S. person knows or has reason to know that
the item will be used, directly or indirectly, with respect to certain
nuclear, missile, chemical, or biological weapons or nuclear-maritime
end-uses as set forth in part 744 of the EAR. In addition, U.S. persons
are precluded from exporting any item subject to the EAR to certain
restricted end-users, as set forth in part 744 of the EAR, as well as
certain persons whose export privileges have been denied pursuant to
parts 764 or 766 of the EAR, without authorization from the Department
of Commerce; or
(5) Transactions constituting the exportation or reexportation of
financial services from the United States or by U.S. persons to Burma
that relate to the exportation of information subject to licensing
requirements under the ITAR or exchanges of information that are
subject to regulation by other government agencies.
PART 538--SUDANESE SANCTIONS REGULATIONS
0
1. The authority citation for part 538 is amended to read as follows:
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 18 U.S.C. 2339B,
2332d; 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 106-387, 114 Stat.
1549; Pub. L. 109-177, 120 Stat. 192; E.O. 13067, 62 FR 59989; 3
CFR, 1997 Comp., p. 230.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Section 538.529 is revised to read as follows:
Sec. 538.529 Authorized transactions necessary and ordinarily
incident to publishing.
(a) To the extent that such activities are not exempt from this
part, and subject to the restrictions set forth in paragraphs (b)
through (d) of this section, U.S. persons are authorized to engage in
all transactions necessary and ordinarily incident to the publishing
and marketing of manuscripts, books, journals, and newspapers in paper
or electronic format (collectively, ``written publications''). This
section does not apply if the parties to the transactions described in
this paragraph include the Government of Sudan. For the purposes of
this section, the term ``Government of Sudan'' includes the state and
the Government of Sudan, as well as any political subdivision, agency,
or instrumentality thereof, including the Central Bank of Sudan, and
any person acting or purporting to act directly or indirectly on behalf
of any of the foregoing with respect to the transactions described in
this paragraph. For the purposes of this section, the term ``Government
of Sudan'' does not include any academic and research institutions and
their personnel. Pursuant to this section, the following activities are
authorized, provided that U.S. persons ensure that they are not
engaging, without separate authorization, in the activities identified
in paragraphs (b) through (d) of this section:
(1) Commissioning and making advance payments for identifiable
written publications not yet in existence, to the extent consistent
with industry practice;
(2) Collaborating on the creation and enhancement of written
publications;
(3)(i) Augmenting written publications through the addition of
items such as photographs, artwork, translation, explanatory text, and,
for a written publication in electronic format, the addition of
embedded software necessary for reading, browsing, navigating, or
searching the written publication;
(ii) Exporting embedded software necessary for reading, browsing,
navigating, or searching a written publication in electronic format,
provided that the software is classified as ``EAR 99'' under the Export
Administration Regulations, 15 CFR parts 730-774 (the ``EAR''), or is
not subject to the EAR;
(4) Substantive editing of written publications;
(5) Payment of royalties for written publications;
(6) Creating or undertaking a marketing campaign to promote a
written publication; and
(7) Other transactions necessary and ordinarily incident to the
publishing and marketing of written publications as described in this
paragraph (a).
(b) This section does not authorize transactions involving the
provision of goods or services not necessary and ordinarily incident to
the publishing and marketing of written publications as described in
paragraph (a) of this section. For example, this section does not
authorize U.S. persons:
(1) To provide or receive individualized or customized services
(including, but not limited to, accounting, legal, design, or
consulting services), other than those necessary and ordinarily
incident to the publishing and marketing of written publications, even
though such individualized or customized services are delivered through
the use of information and informational materials;
(2) To create or undertake for any person a marketing campaign with
respect to any service or product other than a written publication, or
to create or undertake a marketing campaign of any kind for the benefit
of the Government of Sudan;
(3) To engage in the exportation or importation of goods to or from
Sudan other than the exportation of embedded software described in
paragraph (a)(3)(ii) of this section; or
(4) To operate a publishing house, sales outlet, or other office in
Sudan.
Note to paragraph (b): The importation from Sudan and the
exportation to Sudan of information or informational materials, as
defined in Sec. 538.306, whether commercial or otherwise,
regardless of format or medium of transmission, are exempt from the
prohibitions and regulations of this part. See Sec. 538.211(c).
(c) This section does not authorize U.S. persons to engage the
services of publishing houses or translators in Sudan unless such
activity is primarily for the dissemination of written publications in
Sudan.
(d) This section does not authorize:
(1) The exportation from or importation into the United States of
[[Page 50051]]
services for the development, production, or design of software;
(2) Transactions for the development, production, design, or
marketing of technology specifically controlled by the International
Traffic in Arms Regulations, 22 CFR parts 120 through 130 (the
``ITAR''), the EAR, or the Department of Energy Regulations set forth
at 10 CFR part 810.
(3) The exportation of information or technology subject to the
authorization requirements of 10 CFR part 810, or Restricted Data as
defined in section 11 y. of the Atomic Energy Act of 1954, as amended,
or of other information, data, or technology the release of which is
controlled under the Atomic Energy Act and regulations therein;
(4) The exportation of any item (including information) subject to
the EAR where a U.S. person knows or has reason to know that the item
will be used, directly or indirectly, with respect to certain nuclear,
missile, chemical, or biological weapons or nuclear-maritime end-uses
as set forth in part 744 of the EAR. In addition, U.S. persons are
precluded from exporting any item subject to the EAR to certain
restricted end-users, as set forth in part 744 of the EAR, as well as
certain persons whose export privileges have been denied pursuant to
parts 764 or 766 of the EAR, without authorization from the Department
of Commerce; or
(5) The exportation of information subject to licensing
requirements under the ITAR or exchanges of information that are
subject to regulation by other government agencies.
PART 560--IRANIAN TRANSACTIONS REGULATIONS
0
1. The authority citation for part 560 continues to read as follows:
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C.
2349aa-9; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L.
101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 106-387, 114
Stat. 1549; E.O. 12613, 52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O.
12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 12959, 60 FR
24757, 3 CFR, 1995 Comp., p. 365; E.O. 13059, 62 FR 44531, 3 CFR,
1997 Comp., p. 217.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Section 560.538 is revised to read as follows:
Sec. 560.538 Authorized transactions necessary and ordinarily
incident to publishing.
(a) To the extent that such activities are not exempt from this
part, and subject to the restrictions set forth in paragraphs (b)
through (d) of this section, U.S. persons are authorized to engage in
all transactions necessary and ordinarily incident to the publishing
and marketing of manuscripts, books, journals, and newspapers in paper
or electronic format (collectively, ``written publications''). This
section does not apply if the parties to the transactions described in
this paragraph include the Government of Iran. For the purposes of this
section, the term ``Government of Iran'' includes the state and the
Government of Iran, as well as any political subdivision, agency, or
instrumentality thereof, which includes the Central Bank of Islamic
Republic of Iran, and any person acting or purporting to act directly
or indirectly on behalf of any of the foregoing with respect to the
transactions described in this paragraph. For the purposes of this
section, the term ``Government of Iran'' does not include any academic
and research institutions and their personnel. Pursuant to this
section, the following activities are authorized, provided that U.S.
persons ensure that they are not engaging, without separate
authorization, in the activities identified in paragraphs (b) through
(d) of this section:
(1) Commissioning and making advance payments for identifiable
written publications not yet in existence, to the extent consistent
with industry practice;
(2) Collaborating on the creation and enhancement of written
publications;
(3)(i) Augmenting written publications through the addition of
items such as photographs, artwork, translation, explanatory text, and,
for a written publication in electronic format, the addition of
embedded software necessary for reading, browsing, navigating, or
searching the written publication;
(ii) Exporting embedded software necessary for reading, browsing,
navigating, or searching a written publication in electronic format,
provided that the software is classified as ``EAR 99'' under the Export
Administration Regulations, 15 CFR parts 730 through 774 (the ``EAR''),
or is not subject to the EAR;
(4) Substantive editing of written publications;
(5) Payment of royalties for written publications;
(6) Creating or undertaking a marketing campaign to promote a
written publication; and
(7) Other transactions necessary and ordinarily incident to the
publishing and marketing of written publications as described in this
paragraph (a).
(b) This section does not authorize transactions involving the
provision of goods or services not necessary and ordinarily incident to
the publishing and marketing of written publications as described in
paragraph (a) of this section. For example, this section does not
authorize U.S. persons:
(1) To provide or receive individualized or customized services
(including, but not limited to, accounting, legal, design, or
consulting services), other than those necessary and ordinarily
incident to the publishing and marketing of written publications, even
though such individualized or customized services are delivered through
the use of information and informational materials;
(2) To create or undertake for any person a marketing campaign with
respect to any service or product other than a written publication, or
to create or undertake a marketing campaign of any kind for the benefit
of the Government of Iran;
(3) To engage in the exportation or importation of goods to or from
Iran other than the exportation of embedded software described in
paragraph (a)(3)(ii); or
(4) To operate a publishing house, sales outlet, or other office in
Iran.
Note to paragraph (b): The importation from Iran and the
exportation to Iran of information or informational materials, as
defined in Sec. 560.315, whether commercial or otherwise,
regardless of format or medium of transmission, are exempt from the
prohibitions and regulations of this part. See Sec. 560.210(c).
(c) This section does not authorize U.S. persons to engage the
services of publishing houses or translators in Iran unless such
activity is primarily for the dissemination of written publications in
Iran.
(d) This section does not authorize:
(1) The exportation from or importation into the United States of
services for the development, production, or design of software;
(2) Transactions for the development, production, design, or
marketing of technology specifically controlled by the International
Traffic in Arms Regulations, 22 CFR parts 120 through 130 (the
``ITAR''), the EAR, or the Department of Energy Regulations set forth
at 10 CFR part 810.
(3) The exportation of information or technology subject to the
authorization requirements of 10 CFR part 810, or Restricted Data as
defined in section 11 y. of the Atomic Energy Act of 1954, as amended,
or of other information, data, or technology the release of which is
[[Page 50052]]
controlled under the Atomic Energy Act and regulations therein;
(4) The exportation of any item (including information) subject to
the EAR where a U.S. person knows or has reason to know that the item
will be used, directly or indirectly, with respect to certain nuclear,
missile, chemical, or biological weapons or nuclear-maritime end-uses
as set forth in part 744 of the EAR. In addition, U.S. persons are
precluded from exporting any item subject to the EAR to certain
restricted end-users, as set forth in part 744 of the EAR, as well as
certain persons whose export privileges have been denied pursuant to
parts 764 or 766 of the EAR, without authorization from the Department
of Commerce; or
(5) The exportation of information subject to licensing
requirements under the ITAR or exchanges of information that are
subject to regulation by other government agencies.
Dated: August 21, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7-17054 Filed 8-29-07; 8:45 am]
BILLING CODE 4811-42-P
