Global Terrorism Sanctions Regulations; Terrorism Sanctions Regulations; Foreign Terrorist Organizations Sanctions Regulations, 61517-61518 [E7-21357]
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Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
not necessary to demonstrate that the
transaction is authorized pursuant to
paragraph (a) of this section.
(c) Any U.S. person engaging in or
facilitating transactions authorized
pursuant to this section shall keep a full
and accurate record of each such
transaction, including a copy of the
contract or grant, and such record shall
be available for examination for at least
five (5) years after the date of the
transaction.
(d) No payment pursuant to this
section may involve a debit to an
account blocked pursuant to this part.
Note 1 to § 538.531. This license does not
relieve any persons participating in
transactions authorized hereunder from
compliance with any other U.S. legal
requirements applicable to the transactions
authorized pursuant to paragraph (a) of this
section. See, e.g., the Export Administration
Regulations (15 CFR parts 730 et seq.).
Note 2 to § 538.531. Paragraph (e) of
§ 538.212 exempts transactions for the
conduct of the official business of the Federal
Government or the United Nations by
employees thereof from the prohibitions
contained in this part.
10. Add a new § 538.532 to read as
follows:
I
§ 538.532 Humanitarian transshipments to
or from Southern Sudan and Darfur
authorized.
The transit or transshipment to or
from Southern Sudan and Darfur of
goods, technology, or services intended
for humanitarian purposes, through any
area of Sudan not exempted by
paragraph (g)(1) of § 538.212, is
authorized.
Dated: October 23, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7–21443 Filed 10–30–07; 8:45 am]
BILLING CODE 4811–45–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 594, 595, and 597
Global Terrorism Sanctions
Regulations; Terrorism Sanctions
Regulations; Foreign Terrorist
Organizations Sanctions Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: The Office of Foreign Assets
Control of the U.S. Department of the
Treasury (‘‘OFAC’’) is revising the
Global Terrorism Sanctions Regulations,
the Terrorism Sanctions Regulations,
VerDate Aug<31>2005
16:50 Oct 30, 2007
Jkt 214001
and the Foreign Terrorist Organizations
Sanctions Regulations to add a new
general license authorizing all
transactions with the Palestinian
Authority, as defined in the general
license.
DATES: Effective Date: October 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Assistant Director for Compliance,
Outreach & Implementation, tel.: 202/
622–2490, Assistant Director for
Licensing, tel.: 202/622–2480, 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
OFAC administers three sanctions
programs with respect to terrorists and
terrorist organizations. The Terrorism
Sanctions Regulations, 31 CFR part 595
(‘‘TSR’’), implement Executive Order
12947 of January 23, 1995, in which the
President declared a national emergency
with respect to ‘‘grave acts of violence
committed by foreign terrorists that
disrupt the Middle East peace process
* * *’’ The Global Terrorism Sanctions
Regulations, 31 CFR part 594 (‘‘GTSR’’),
implement Executive Order 13224 of
September 23, 2001, in which the
President declared an emergency more
generally with respect to ‘‘grave acts of
terrorism and threats of terrorism
committed by foreign terrorists * * *’’
The Foreign Terrorist Organizations
Sanctions Regulations, 31 CFR part 597
(‘‘FTOSR’’), implement provisions of the
Antiterrorism and Effective Death
Penalty Act of 1996.
HAMAS is a target of each of these
sanctions programs, resulting in the
blocking of its property and interests in
property that are in the United States or
within the possession or control of a
U.S. person. In the case of the FTOSR,
U.S. financial institutions are required
to retain possession or control of any
funds of HAMAS and report the
existence of such funds to Treasury.
These restrictions effectively prohibit
U.S. persons from dealing in property or
interests in property of HAMAS.
Following the 2006 parliamentary
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
61517
elections in the West Bank and Gaza,
which resulted in HAMAS members
forming the majority party within the
Palestinian Legislative Council and
holding positions of authority within
the government, OFAC determined that
HAMAS had a property interest in the
transactions of the Palestinian
Authority. That determination remains
in place. Accordingly, pursuant to the
TSR, the GTSR, and the FTOSR, U.S.
persons are prohibited from engaging in
transactions with the Palestinian
Authority unless authorized. On April
12, 2006, OFAC issued six general
licenses authorizing U.S. persons to
engage in certain transactions in which
the Palestinian Authority may have an
interest.
Based on foreign policy
considerations resulting from recent
events in the West Bank and Gaza,
including the appointment of Salam
Fayyad as the new Prime Minister of the
Palestinian Authority and of other
ministers not affiliated with HAMAS,
OFAC is revising the TSR, GTSR, and
FTOSR to add a new general license as
TSR § 595.514, GTSR § 594.516, and
FTOSR § 597.512. Paragraph (a) of new
§§ 595.514, 594.516, and 597.512
authorizes U.S. persons to engage in all
transactions with the Palestinian
Authority. Paragraph (b) of these
sections defines the term Palestinian
Authority, for purposes of the
authorization in paragraph (a), as the
Palestinian Authority government of
Prime Minister Salam Fayyad and
President Mahmoud Abbas, including
all branches, ministries, offices, and
agencies (independent or otherwise)
thereof. Transactions with HAMAS, or
in any property in which HAMAS has
an interest, not covered by the general
license remain prohibited.
Public Participation
Because the amendment of 31 CFR
parts 594, 595, and 597 involves a
foreign affairs function, the provisions
of Executive Order 12866 and the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, opportunity for public
participation, and delay in effective
date, are inapplicable. Because no
notice of proposed rulemaking is
required for this rule, the Regulatory
Flexibility Act (5 U.S.C. 601–612) does
not apply.
Paperwork Reduction Act
The collections of information related
to 31 CFR parts 594, 595, and 597 are
contained in 31 CFR part 501 (the
‘‘Reporting, Procedures and Penalties
Regulations’’). Pursuant to the
Paperwork Reduction Act of 1995 (44
E:\FR\FM\31OCR1.SGM
31OCR1
61518
Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Rules and Regulations
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 594
Administrative practice and
procedure, Banks, Banking, Currency,
Foreign investments in United States,
Penalties, Reporting and recordkeeping
requirements, Securities, Terrorism.
31 CFR Part 595
Administrative practice and
procedure, Banks, Banking, Currency,
Foreign investments in United States,
Penalties, Reporting and recordkeeping
requirements, Securities, Terrorism.
31 CFR Part 597
Administrative practice and
procedure, Banks, Banking, Currency,
Foreign investments in United States,
Penalties, Reporting and recordkeeping
requirements, Securities, Terrorism.
I For the reasons set forth in the
preamble, the Office of Foreign Assets
Control amends 31 CFR parts 594, 595,
and 597 as follows:
1. Revise the authority citation for part
594 to read as follows:
Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 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. 110–96, 121 Stat.
1011; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; E.O. 13268, 67 FR 44751, 3
CFR, 2002 Comp., p. 240; E.O. 13284, 68 FR
4075, 3 CFR, 2003 Comp., p. 161.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Add a new § 594.516 to read as
follows:
I
mstockstill on PROD1PC66 with RULES
§ 594.516 Transactions with the
Palestinian Authority authorized.
(a) As of June 20, 2007, U.S. persons
are authorized to engage in all
transactions otherwise prohibited under
this part with the Palestinian Authority.
(b) For purposes of this section only,
the term Palestinian Authority means
the Palestinian Authority government of
Prime Minister Salam Fayyad and
President Mahmoud Abbas, including
all branches, ministries, offices, and
agencies (independent or otherwise)
thereof.
Jkt 214001
3. Revise the authority citation for part
595 to read as follows:
Coast Guard
I
Authority: 3 U.S.C. 301; 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. 110–96, 121 Stat. 1011; E.O. 12947,
60 FR 5079, 3 CFR, 1995 Comp., p. 319.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
4. Add a new § 595.514 to read as
follows:
I
§ 595.514 Transactions with the
Palestinian Authority authorized.
(a) As of June 20, 2007, U.S. persons
are authorized to engage in all
transactions otherwise prohibited under
this part with the Palestinian Authority.
(b) For purposes of this section only,
the term Palestinian Authority means
the Palestinian Authority government of
Prime Minister Salam Fayyad and
President Mahmoud Abbas, including
all branches, ministries, offices, and
agencies (independent or otherwise)
thereof.
PART 597—FOREIGN TERRORIST
ORGANIZATIONS SANCTIONS
REGULATIONS
5. The authority citation for part 597
continues to read as follows:
I
16:50 Oct 30, 2007
DEPARTMENT OF HOMELAND
SECURITY
I
PART 594—GLOBAL TERRORISM
SANCTIONS REGULATIONS
VerDate Aug<31>2005
PART 595—TERRORISM SANCTIONS
REGULATIONS
Authority: 31 U.S.C. 321(b); Pub. L. 101–
410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub.
L. 104–132, 110 Stat. 1214, 1248–53 (8 U.S.C.
1189, 18 U.S.C. 2339B).
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
6. Add a new § 597.512 to read as
follows:
I
§ 597.512 Transactions with the
Palestinian Authority authorized.
(a) As of June 20, 2007, U.S. persons
are authorized to engage in all
transactions otherwise prohibited under
this part with the Palestinian Authority.
(b) For purposes of this section only,
the term Palestinian Authority means
the Palestinian Authority government of
Prime Minister Salam Fayyad and
President Mahmoud Abbas, including
all branches, ministries, offices, and
agencies (independent or otherwise)
thereof.
Dated: October 23, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7–21357 Filed 10–30–07; 8:45 am]
BILLING CODE 4811–45–P
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Fmt 4700
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33 CFR Part 165
[Docket No. CGD14–07–002]
RIN 1625–AA87
Security Zone; Nawiliwili Harbor,
Kauai, HI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is creating a
temporary security zone in the waters of
Nawiliwili Harbor, Kauai, and on the
land of the jetty south of Nawiliwili
Park, including the jetty access road
commonly known as Jetty Road. This
zone is intended to enable the Coast
Guard and its law enforcement partners
to better protect people, vessels, and
facilities in and around Nawiliwili
Harbor in the face of non-compliant
obstructers who have impeded, and
threaten to continue impeding, the safe
passage of the Hawaii Superferry in
Nawiliwili Harbor. This rule
complements, but does not replace or
supersede, existing regulations that
establish a moving 100-yard security
zone around large passenger vessels like
the Hawaii Superferry.
DATES: This rule is effective from
November 1, 2007, through November
30, 2007.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD14–07–
002 and are available for inspection and
copying at U.S. Coast Guard District 14,
Room 9–130, PJKK Federal Building,
300 Ala Moana Blvd., Honolulu, Hawaii
96850 between 7 a.m. and 3:30 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Sean Fahey, U.S. Coast
Guard District 14 at (808) 541–2106.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 3, 2007, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Security Zone; Nawiliwili
Harbor, Kauai, Hawaii’’ in the Federal
Register (72 FR 56308), identified by
docket number USCG–2007–29354. The
comment period for that NPRM was
originally set to expire on October 24,
2007. Although we received many
comments on the NPRM, a few people
wishing to submit comments expressed
difficulty using the Federal
eRulemaking Portal, one of the four
E:\FR\FM\31OCR1.SGM
31OCR1
]]>Agencies
[Federal Register Volume 72, Number 210 (Wednesday, October 31, 2007)]
[Rules and Regulations]
[Pages 61517-61518]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21357]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 594, 595, and 597
Global Terrorism Sanctions Regulations; Terrorism Sanctions
Regulations; Foreign Terrorist Organizations Sanctions 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 (``OFAC'') is revising the Global Terrorism Sanctions
Regulations, the Terrorism Sanctions Regulations, and the Foreign
Terrorist Organizations Sanctions Regulations to add a new general
license authorizing all transactions with the Palestinian Authority, as
defined in the general license.
DATES: Effective Date: October 31, 2007.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Compliance,
Outreach & Implementation, tel.: 202/622-2490, Assistant Director for
Licensing, tel.: 202/622-2480, 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
OFAC administers three sanctions programs with respect to
terrorists and terrorist organizations. The Terrorism Sanctions
Regulations, 31 CFR part 595 (``TSR''), implement Executive Order 12947
of January 23, 1995, in which the President declared a national
emergency with respect to ``grave acts of violence committed by foreign
terrorists that disrupt the Middle East peace process * * *'' The
Global Terrorism Sanctions Regulations, 31 CFR part 594 (``GTSR''),
implement Executive Order 13224 of September 23, 2001, in which the
President declared an emergency more generally with respect to ``grave
acts of terrorism and threats of terrorism committed by foreign
terrorists * * *'' The Foreign Terrorist Organizations Sanctions
Regulations, 31 CFR part 597 (``FTOSR''), implement provisions of the
Antiterrorism and Effective Death Penalty Act of 1996.
HAMAS is a target of each of these sanctions programs, resulting in
the blocking of its property and interests in property that are in the
United States or within the possession or control of a U.S. person. In
the case of the FTOSR, U.S. financial institutions are required to
retain possession or control of any funds of HAMAS and report the
existence of such funds to Treasury. These restrictions effectively
prohibit U.S. persons from dealing in property or interests in property
of HAMAS. Following the 2006 parliamentary elections in the West Bank
and Gaza, which resulted in HAMAS members forming the majority party
within the Palestinian Legislative Council and holding positions of
authority within the government, OFAC determined that HAMAS had a
property interest in the transactions of the Palestinian Authority.
That determination remains in place. Accordingly, pursuant to the TSR,
the GTSR, and the FTOSR, U.S. persons are prohibited from engaging in
transactions with the Palestinian Authority unless authorized. On April
12, 2006, OFAC issued six general licenses authorizing U.S. persons to
engage in certain transactions in which the Palestinian Authority may
have an interest.
Based on foreign policy considerations resulting from recent events
in the West Bank and Gaza, including the appointment of Salam Fayyad as
the new Prime Minister of the Palestinian Authority and of other
ministers not affiliated with HAMAS, OFAC is revising the TSR, GTSR,
and FTOSR to add a new general license as TSR Sec. 595.514, GTSR Sec.
594.516, and FTOSR Sec. 597.512. Paragraph (a) of new Sec. Sec.
595.514, 594.516, and 597.512 authorizes U.S. persons to engage in all
transactions with the Palestinian Authority. Paragraph (b) of these
sections defines the term Palestinian Authority, for purposes of the
authorization in paragraph (a), as the Palestinian Authority government
of Prime Minister Salam Fayyad and President Mahmoud Abbas, including
all branches, ministries, offices, and agencies (independent or
otherwise) thereof. Transactions with HAMAS, or in any property in
which HAMAS has an interest, not covered by the general license remain
prohibited.
Public Participation
Because the amendment of 31 CFR parts 594, 595, and 597 involves a
foreign affairs function, the provisions of Executive Order 12866 and
the Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date, are inapplicable. Because no notice of proposed
rulemaking is required for this rule, the Regulatory Flexibility Act (5
U.S.C. 601-612) does not apply.
Paperwork Reduction Act
The collections of information related to 31 CFR parts 594, 595,
and 597 are contained in 31 CFR part 501 (the ``Reporting, Procedures
and Penalties Regulations''). Pursuant to the Paperwork Reduction Act
of 1995 (44
[[Page 61518]]
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 594
Administrative practice and procedure, Banks, Banking, Currency,
Foreign investments in United States, Penalties, Reporting and
recordkeeping requirements, Securities, Terrorism.
31 CFR Part 595
Administrative practice and procedure, Banks, Banking, Currency,
Foreign investments in United States, Penalties, Reporting and
recordkeeping requirements, Securities, Terrorism.
31 CFR Part 597
Administrative practice and procedure, Banks, Banking, Currency,
Foreign investments in United States, Penalties, Reporting and
recordkeeping requirements, Securities, Terrorism.
0
For the reasons set forth in the preamble, the Office of Foreign Assets
Control amends 31 CFR parts 594, 595, and 597 as follows:
PART 594--GLOBAL TERRORISM SANCTIONS REGULATIONS
0
1. Revise the authority citation for part 594 to read as follows:
Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 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. 110-96, 121 Stat. 1011; E.O. 13224, 66 FR
49079, 3 CFR, 2001 Comp., p. 786; E.O. 13268, 67 FR 44751, 3 CFR,
2002 Comp., p. 240; E.O. 13284, 68 FR 4075, 3 CFR, 2003 Comp., p.
161.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Add a new Sec. 594.516 to read as follows:
Sec. 594.516 Transactions with the Palestinian Authority authorized.
(a) As of June 20, 2007, U.S. persons are authorized to engage in
all transactions otherwise prohibited under this part with the
Palestinian Authority.
(b) For purposes of this section only, the term Palestinian
Authority means the Palestinian Authority government of Prime Minister
Salam Fayyad and President Mahmoud Abbas, including all branches,
ministries, offices, and agencies (independent or otherwise) thereof.
PART 595--TERRORISM SANCTIONS REGULATIONS
0
3. Revise the authority citation for part 595 to read as follows:
Authority: 3 U.S.C. 301; 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. 110-96, 121 Stat. 1011; E.O. 12947, 60 FR 5079, 3 CFR, 1995
Comp., p. 319.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
4. Add a new Sec. 595.514 to read as follows:
Sec. 595.514 Transactions with the Palestinian Authority authorized.
(a) As of June 20, 2007, U.S. persons are authorized to engage in
all transactions otherwise prohibited under this part with the
Palestinian Authority.
(b) For purposes of this section only, the term Palestinian
Authority means the Palestinian Authority government of Prime Minister
Salam Fayyad and President Mahmoud Abbas, including all branches,
ministries, offices, and agencies (independent or otherwise) thereof.
PART 597--FOREIGN TERRORIST ORGANIZATIONS SANCTIONS REGULATIONS
0
5. The authority citation for part 597 continues to read as follows:
Authority: 31 U.S.C. 321(b); Pub. L. 101-410, 104 Stat. 890 (28
U.S.C. 2461 note); Pub. L. 104-132, 110 Stat. 1214, 1248-53 (8
U.S.C. 1189, 18 U.S.C. 2339B).
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
6. Add a new Sec. 597.512 to read as follows:
Sec. 597.512 Transactions with the Palestinian Authority authorized.
(a) As of June 20, 2007, U.S. persons are authorized to engage in
all transactions otherwise prohibited under this part with the
Palestinian Authority.
(b) For purposes of this section only, the term Palestinian
Authority means the Palestinian Authority government of Prime Minister
Salam Fayyad and President Mahmoud Abbas, including all branches,
ministries, offices, and agencies (independent or otherwise) thereof.
Dated: October 23, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7-21357 Filed 10-30-07; 8:45 am]
BILLING CODE 4811-45-P
