International Emergency Economic Powers Act Civil and Criminal Penalties, 32650-32656 [E8-12385]
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32650
Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Rules and Regulations
(2) The usage frequency in terms of total
number of flights per year and total number
of flights per year for which the auxiliary fuel
tank system is used.
Prevent Usage of Auxiliary Fuel Tank
(g) Before December 16, 2008, deactivate
the auxiliary fuel tank system, in accordance
with a deactivation procedure approved by
the Manager of the Atlanta ACO. Any
auxiliary fuel tank system component that
remains on the airplane must be secured and
must have no effect on the continued
operational safety and airworthiness of the
airplane. Deactivation may not result in the
need for additional Instructions for
Continued Airworthiness (ICA).
Note 1: Appendix A of this AD provides
criteria that must be included in the
deactivation procedure. The proposed
deactivation procedures should be submitted
to the Atlanta ACO as soon as possible to
ensure timely review and approval, prior to
implementation.
Note 2: For technical information, contact
Robert Bosak, Aerospace Engineer,
Propulsion and Services Branch, ACE–118A,
Atlanta ACO, One Crown Center, 1895
Phoenix Boulevard, Suite 450, Atlanta,
Georgia 30349; telephone (770) 703–6094; fax
(770) 703–6097.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, Atlanta ACO, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Material Incorporated by Reference
(i) None.
dwashington3 on PRODPC61 with RULES
Appendix A—Deactivation Criteria
The auxiliary fuel tank system
deactivation procedure required by
paragraph (g) of this AD must address
the following actions.
(1) Permanently drain the auxiliary
fuel tank system tanks, and clear them
of fuel vapors to eliminate the
possibility of out-gassing of fuel vapors
from the emptied auxiliary tank.
(2) Disconnect all auxiliary fuel tank
system electrical connections from the
fuel quantity indication system (FQIS),
float, pressure and transfer valves and
switches, and all other electrical
connections required for auxiliary fuel
tank system operation, and stow them at
the auxiliary fuel tank interface.
(3) Disconnect all auxiliary fuel tank
system fuel supply and fuel vent
plumbing interfaces with airplane
original equipment manufacturer (OEM)
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fuel tanks, cap them at the airplane tank
side, and secure them. All disconnected
auxiliary fuel tank system vent systems
must not alter the OEM fuel tank vent
system configuration or performance.
All empty auxiliary fuel tank system
tanks must be vented to eliminate the
possibility of structural deformation
during cabin decompression. The
configuration must not permit the
introduction of fuel vapor into any
compartments of the airplane.
(4) Pull and collar all circuit breakers
used to operate the auxiliary fuel tank
system.
(5) Revise the weight and balance
document, if required, and obtain FAA
approval for any changes to the weight
and balance document.
(6) Amend the applicable sections of
the applicable airplane flight manual
(AFM) to indicate that the auxiliary fuel
tank system is deactivated. Remove
auxiliary fuel tank system operating
procedures to ensure that only the OEM
fuel system operational procedures are
contained in the AFM. Amend the
Limitations Section of the AFM to
indicate that the AFM Supplement for
the STC is not in effect. Place a placard
in the flight deck indicating that the
auxiliary fuel tank system is
deactivated. The AFM revisions
specified in this paragraph may be
accomplished by inserting a copy of this
AD into the AFM.
(7) Amend the applicable sections of
the applicable airplane maintenance
manual to remove auxiliary fuel tank
system maintenance procedures.
(8) After the auxiliary fuel tank
system is deactivated, accomplish
procedures such as leak checks,
pressure checks, and functional checks
deemed necessary before returning the
airplane to service. These procedures
must include verification that the basic
airplane OEM FQIS, fuel distribution,
and fuel venting systems function
properly and have not been adversely
affected by deactivation of the auxiliary
fuel tank system.
(9) Include with the proposed
deactivation procedures any relevant
information or additional steps that are
deemed necessary by the operator to
comply with the deactivation of the
auxiliary fuel tank system and return of
the airplane to service.
Issued in Renton, Washington, on May 30,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–12732 Filed 6–9–08; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 535, 536, 537, 538, 539,
540, 541, 542, 545, 560, 585, 586, 587,
588, 593, 594, and 595
International Emergency Economic
Powers Act Civil and Criminal
Penalties
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is amending its regulations to
reflect amendments to the penalty
provisions of the International
Emergency Economic Powers Act
(‘‘IEEPA’’) made by the International
Emergency Economic Powers
Enhancement Act (the ‘‘Act’’).
DATES: Effective June 10, 2008.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Civil Penalties, tel.:
202/622–6140, Assistant Director,
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 (not toll free
numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning 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 October 16, 2007, the President
signed the Act into law as Public Law
110–96. Section 2 of the Act amended
section 206 of IEEPA (50 U.S.C. 1705)
by, among other things, raising the
maximum civil penalty to an amount
not to exceed the greater of $250,000 or
an amount twice the amount of the
transaction that is the basis of the
violation. The Act also amended
IEEPA’s provisions relating to the
imposition of criminal penalties.
Accordingly, OFAC is amending the
current IEEPA-based sanctions programs
regulations to reflect the revised
description of unlawful acts and the
revised penalties prescribed by the Act.
In particular, the amended regulations
cross-reference IEEPA for the maximum
civil penalty amount rather than specify
such amount in the regulations
themselves. OFAC posted an interim
policy concerning its implementation of
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the Act on its Web site on November 28,
2007, and plans shortly to revise its
enforcement guidelines, which are also
available on its Web site.
Executive Order 12866, Administrative
Procedure Act, Regulatory Flexibility
Act, and Paperwork Reduction Act
Because the regulations at issue
involve 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. In addition, OFAC
finds that, because the rule merely
amends the penalties provisions of
certain sanctions regulations to conform
with the statutory changes provided in
the Act, good cause exists under 5
U.S.C. 553(b)(B) to waive the notice and
public participation procedures, as well
as under 5 U.S.C. 553(d)(3) to waive the
delay in effective date. Because no
notice of proposed rulemaking is
required for this rule, the Regulatory
Flexibility Act (5 U.S.C. 601–612) does
not apply.
List of Subjects
31 CFR Part 535
Administrative practice and
procedure, Banks, banking, Currency,
Foreign claims, Foreign investments in
United States, Iran, Penalties, Reporting
and recordkeeping requirements,
Securities.
31 CFR Part 536
Administrative practice and
procedure, Banks, banking, Drug traffic
control, Penalties, Reporting and
recordkeeping requirements.
31 CFR Part 537
Administrative practice and
procedure, Banks, banking, Burma,
Currency, Foreign investments in
United States, Foreign trade, Penalties,
Reporting and recordkeeping
requirements, Securities.
31 CFR Part 538
dwashington3 on PRODPC61 with RULES
Administrative practice and
procedure, Banks, banking, Currency,
Foreign investments in United States,
Foreign trade, Penalties, Reporting and
recordkeeping requirements, Securities,
Sudan.
31 CFR Part 539
Administrative practice and
procedure, Arms and munitions,
Imports, Penalties, Reporting and
recordkeeping requirements.
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31 CFR Part 540
Administrative practice and
procedure, Nuclear materials, Penalties,
Reporting and recordkeeping
requirements, Russian Federation,
Uranium.
31 CFR Part 541
Administrative practice and
procedure, Banks, banking, Blocking of
assets, Penalties, Reporting and
recordkeeping requirements, Securities,
Services, Zimbabwe.
31 CFR Part 542
Administrative practice and
procedure, Banks, banking, Blocking of
assets, Credit, Penalties, Reporting and
recordkeeping requirements, Securities,
Services, Syria.
31 CFR Part 545
Administrative practice and
procedure, Afghanistan, Banks, banking,
Foreign investments in United States,
Foreign trade, Penalties, Reporting and
recordkeeping requirements, Travel
restrictions.
31 CFR Part 585
Administrative practice and
procedure, Banks, banking, Foreign
investments in United States, Foreign
trade, Penalties, Reporting and
recordkeeping requirements, Securities,
Transportation, United States
investments abroad, Yugoslavia.
31 CFR Part 586
Administrative practice and
procedure, Banks, banking, Foreign
investments in United States, Foreign
trade, Penalties, Reporting and
recordkeeping requirements, Securities,
Transportation, United States
investments abroad, Yugoslavia.
31 CFR Part 587
Administrative practice and
procedure, Banks, banking, Foreign
investments in United States, Foreign
trade, Penalties, Reporting and
recordkeeping requirements, Securities,
United States investments abroad,
Yugoslavia.
31 CFR Part 588
Administrative practice and
procedure, Banks, banking, Penalties,
Reporting and recordkeeping
requirements, Securities, Western
Balkans.
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31 CFR Part 594
Administrative practice and
procedure, Banks, banking, Penalties,
Reporting and recordkeeping
requirements, Terrorism.
31 CFR Part 595
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, 31 CFR chapter V is amended
by amending 31 CFR parts 535, 536,
537, 538, 539, 540, 541, 542, 545, 560,
585, 586, 587, 588, 593, 594, and 595 as
follows:
PART 535—IRANIAN ASSETS
CONTROL REGULATIONS
1. The authority citation for part 535
is revised to read as follows:
Administrative practice and
procedure, Exports, Humanitarian aid,
Imports, Iran, Penalties, Reporting and
recordkeeping requirements.
Frm 00017
31 CFR Part 593
Administrative practice and
procedure, Banks, Banking, Blocking of
assets, Credit, Foreign Trade, Imports,
Liberia, Penalties, Reporting and
recordkeeping requirements, Securities.
I
31 CFR Part 560
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Authority: 3 U.S.C. 301; 18 U.S.C. 2332d;
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. 12170, 44 FR 65729, 3 CFR, 1979
Comp., p. 457; E.O. 12205, 45 FR 24099, 3
CFR, 1980 Comp., p. 248; E.O. 12211, 45 FR
26685, 3 CFR, 1980 Comp., p. 253; E.O.
12276, 46 FR 7913, 3 CFR, 1981 Comp., p.
104; E.O. 12279, 46 FR 7919, 3 CFR, 1981
Comp., p. 109; E.O. 12280, 46 FR 7921, 3
CFR, 1981 Comp., p. 110; E.O. 12281, 46 FR
7923, 3 CFR, 1981 Comp., p. 110; E.O. 12282,
46 FR 7925, 3 CFR, 1981 Comp., p. 113; E.O.
12283, 46 FR 7927, 3 CFR, 1981 Comp., p.
114; and E.O. 12294, 46 FR 14111, 3 CFR,
1981 Comp., p. 139.
Subpart G—Penalties
2. Section 535.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
§ 535.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 535.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
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Federal Register / Vol. 73, No. 112 / Tuesday, June 10, 2008 / Rules and Regulations
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 536—NARCOTICS TRAFFICKING
SANCTIONS REGULATIONS
3. The authority citation for part 536
is revised to read as follows:
I
Subpart G—Penalties
4. Section 536.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
dwashington3 on PRODPC61 with RULES
Note to paragraph (a)(1) of § 536.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
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PART 537—BURMESE SANCTIONS
REGULATIONS
5. The authority citation for part 537
is revised to read as follows:
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);
Sec. 570, Pub. L. 104–208, 110 Stat. 3009;
Pub. L. 108–61, 117 Stat. 864; Pub. L. 110–
96, 121 Stat. 1011; E.O. 13047, 62 FR 28301,
3 CFR, 1997 Comp., p. 202; E.O. 13310, 68
FR 44853, 3 CFR, 2003 Comp., p. 241.
Subpart G—Penalties
6. Section 537.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
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. 12978,
60 FR 54579, 3 CFR, 1995 Comp., p. 415; E.O.
13286, 68 FR 10619, 3 CFR, 2003 Comp., p.
166.
§ 536.701
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
§ 537.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 537.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
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PART 538—SUDANESE SANCTIONS
REGULATIONS
7. The authority citation for part 538
is revised to read as follows:
I
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B,
2332d; 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; Pub. L. 109–344, 120 Stat.
1869; Pub. L. 110–96, 121 Stat. 1011; E.O.
13067, 62 FR 59989, 3 CFR, 1997 Comp., p.
230; E.O. 13412, 71 FR 61369, 3 CFR, 2006
Comp., p. 244.
Subpart G—Penalties
8. Section 538.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
§ 538.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 538.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 539—WEAPONS OF MASS
DESTRUCTION TRADE CONTROL
REGULATIONS
9. The authority citation for part 539
is revised to read as follows:
I
Authority: 3 U.S.C. 301; 22 U.S.C. 2751–
2799aa–2; 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. 12938, 59 FR 59099, 3
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CFR, 1994 Comp., p. 950; E.O. 13094, 63 FR
40803, 3 CFR, 1998 Comp., p. 200.
Subpart G—Penalties
10. Section 539.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
§ 539.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 539.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 540.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 541—ZIMBABWE SANCTIONS
REGULATIONS
13. The authority citation for part 541
is revised to read as follows:
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. 13288,
68 FR 11457, 3 CFR, 2003 Comp., p. 186.
Subpart G—Penalties
PART 540—HIGHLY ENRICHED
URANIUM (HEU) AGREEMENT
ASSETS CONTROL REGULATIONS
14. Section 541.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
11. The authority citation for part 540
is revised to read as follows:
§ 541.701
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. 13159,
65 FR 39279, 3 CFR, 2000 Comp., p. 277.
Subpart G—Penalties
12. Section 540.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
dwashington3 on PRODPC61 with RULES
I
§ 540.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
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I
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 541.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
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32653
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 542—SYRIAN SANCTIONS
REGULATIONS
15. The authority citation for part 542
is revised to read as follows:
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. 13338,
69 FR 26751, 3 CFR, 2004 Comp., p. 168.
Subpart G—Penalties
16. Section 542.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
§ 542.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 542.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
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(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 545—TALIBAN (AFGHANISTAN)
SANCTIONS REGULATIONS
17. The authority citation for part 545
is revised to read as follows:
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. 13129,
64 FR 36759, 3 CFR, 1999 Comp., p. 200.
Subpart G—Penalties
18. Section 545.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
§ 545.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 545.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
dwashington3 on PRODPC61 with RULES
PART 560—IRANIAN TRANSACTIONS
REGULATIONS
19. The authority citation for part 560
is revised 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; Pub. L. 110–
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96, 121 Stat. 1011; 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.
356; E.O. 13059, 62 FR 44531, 3 CFR, 1997
Comp., p. 217.
Subpart G—Penalties
22. Section 585.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
Subpart G—Penalties
20. Section 560.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
§ 560.701
Comp., p. 599; E.O. 12934, 59 FR 54117, 3
CFR, 1994 Comp., p. 930; E.O. 13304, 68 FR
32315, 3 CFR, 2003 Comp., p. 229.
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 560.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 585—FEDERAL REPUBLIC OF
YUGOSLAVIA (SERBIA AND
MONTENEGRO) AND BOSNIAN SERB–
CONTROLLED AREAS OF THE
REPUBLIC OF BOSNIA AND
HERZEGOVINA SANCTIONS
REGULATIONS
§ 585.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 585.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 586—FEDERAL REPUBLIC OF
YUGOSLAVIA (SERBIA AND
MONTENEGRO) KOSOVO SANCTIONS
REGULATIONS
23. The authority citation for part 586
is revised to read as follows:
I
I
21. The authority citation for part 585
is revised to read as follows:
Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 31
U.S.C. 321(b); 49 U.S.C. 40106; 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. 12808, 57 FR 23299,
3 CFR, 1992 Comp., p. 305; E.O. 12810, 57
FR 24347, 3 CFR, 1992 Comp., p. 307; E.O.
12831, 58 FR 5253, 3 CFR, 1993 Comp., p.
576; E.O. 12846, 58 FR 25771, 3 CFR, 1993
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. 13088,
63 FR 32109, 3 CFR, 1998 Comp., p. 191; E.O.
13121, 64 FR 24021, 3 CFR, 1999 Comp., p.
176; E.O. 13192, 66 FR 7379, 3 CFR, 2001
Comp., p. 733; E.O. 13304, 68 FR 32315, 3
CFR, 2003 Comp., p. 229.
Subpart G—Penalties
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24. Section 586.701 is amended by
removing the second sentence of
paragraph (a) and by revising
I
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paragraphs (a)(1), (a)(2), and (b) to read
as follows:
§ 586.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 586.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 587—FEDERAL REPUBLIC OF
YUGOSLAVIA (SERBIA AND
MONTENEGRO) MILOSEVIC
SANCTIONS REGULATIONS
25. The authority citation for part 587
is revised to read as follows:
I
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. 13088, 63 FR 32109, 3 CFR, 1998
Comp., p. 191; E.O. 13121, 64 FR 24021, 3
CFR, 1999 Comp., p. 176; E.O. 13192, 66 FR
7379, 3 CFR, 2001 Comp., p. 733; E.O. 13304,
68 FR 32315, 3 CFR, 2003 Comp., p. 229.
Subpart G—Penalties
26. Section 587.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
dwashington3 on PRODPC61 with RULES
I
§ 587.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
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to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 587.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 588—WESTERN BALKANS
STABILIZATION REGULATIONS
27. The authority citation for part 588
is revised to read as follows:
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. 13219,
66 FR 34777, 3 CFR, 2001 Comp., p. 778; E.O.
13304, 68 FR 32315, 3 CFR, 2003 Comp., p.
229.
Subpart G—Penalties
28. Section 588.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
§ 588.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 588.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
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Fmt 4700
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32655
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 593—FORMER LIBERIAN
REGIME OF CHARLES TAYLOR
SANCTIONS REGULATIONS
29. The authority citation for part 593
is revised to read as follows:
I
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; 22 U.S.C.
287c; Pub. L. 101–410, 104 Stat. 890 (28
U.S.C. 2461 note); Pub. L. 110–96, 121 Stat.
1011; E.O. 13348, 69 FR 44885, 3 CFR, 2004
Comp., p. 189.
Subpart G—Penalties
30. Section 593.701 is amended by
revising paragraphs (a)(1), (a)(2), and (b)
to read as follows:
I
§ 593.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 593.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
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(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 594—GLOBAL TERRORISM
SANCTIONS REGULATIONS
31. The authority citation for part 594
is revised to read as follows:
I
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 G—Penalties
32. Section 594.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
§ 594.701
Penalties.
(a) * * *
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
dwashington3 on PRODPC61 with RULES
Note to paragraph (a)(1) of § 594.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
VerDate Aug<31>2005
15:20 Jun 09, 2008
Jkt 214001
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
PART 595—TERRORISM SANCTIONS
REGULATIONS
33. The authority citation for part 595
is revised to read as follows:
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; E.O.
13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208.
Subpart G—Penalties
34. Section 595.701 is amended by
removing the second sentence of
paragraph (a) and by revising
paragraphs (a)(1), (a)(2), and (b) to read
as follows:
I
§ 595.701
Penalties.
(a) * * *
PO 00000
Frm 00022
(1) A civil penalty not to exceed the
amount set forth in Section 206 of the
Act may be imposed on any person who
violates, attempts to violate, conspires
to violate, or causes a violation of any
license, order, regulation, or prohibition
issued under the Act.
Note to paragraph (a)(1) of § 595.701. As
of June 10, 2008, the Act provides for a
maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice
the amount of the transaction that is the basis
of the violation with respect to which the
penalty is imposed.
(2) A person who willfully commits,
willfully attempts to commit, or
willfully conspires to commit, or aids or
abets in the commission of a violation
of any license, order, regulation, or
prohibition shall, upon conviction, be
fined not more than $1,000,000, or if a
natural person, may be imprisoned for
not more than 20 years, or both.
(b) Adjustments to penalty amounts.
(1) The civil penalties provided in the
Act are subject to adjustment pursuant
to the Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410, as amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in
the Act are subject to adjustment
pursuant to 18 U.S.C. 3571.
*
*
*
*
*
Dated: May 27, 2008.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E8–12385 Filed 6–9–08; 8:45 am]
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Agencies
[Federal Register Volume 73, Number 112 (Tuesday, June 10, 2008)]
[Rules and Regulations]
[Pages 32650-32656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12385]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 535, 536, 537, 538, 539, 540, 541, 542, 545, 560, 585,
586, 587, 588, 593, 594, and 595
International Emergency Economic Powers Act Civil and Criminal
Penalties
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Treasury Department's Office of Foreign Assets Control
(``OFAC'') is amending its regulations to reflect amendments to the
penalty provisions of the International Emergency Economic Powers Act
(``IEEPA'') made by the International Emergency Economic Powers
Enhancement Act (the ``Act'').
DATES: Effective June 10, 2008.
FOR FURTHER INFORMATION CONTACT: Assistant Director, Civil Penalties,
tel.: 202/622-6140, Assistant Director, 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 (not toll free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning 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 October 16, 2007, the President signed the Act into law as
Public Law 110-96. Section 2 of the Act amended section 206 of IEEPA
(50 U.S.C. 1705) by, among other things, raising the maximum civil
penalty to an amount not to exceed the greater of $250,000 or an amount
twice the amount of the transaction that is the basis of the violation.
The Act also amended IEEPA's provisions relating to the imposition of
criminal penalties.
Accordingly, OFAC is amending the current IEEPA-based sanctions
programs regulations to reflect the revised description of unlawful
acts and the revised penalties prescribed by the Act. In particular,
the amended regulations cross-reference IEEPA for the maximum civil
penalty amount rather than specify such amount in the regulations
themselves. OFAC posted an interim policy concerning its implementation
of
[[Page 32651]]
the Act on its Web site on November 28, 2007, and plans shortly to
revise its enforcement guidelines, which are also available on its Web
site.
Executive Order 12866, Administrative Procedure Act, Regulatory
Flexibility Act, and Paperwork Reduction Act
Because the regulations at issue involve 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. In addition, OFAC finds that, because
the rule merely amends the penalties provisions of certain sanctions
regulations to conform with the statutory changes provided in the Act,
good cause exists under 5 U.S.C. 553(b)(B) to waive the notice and
public participation procedures, as well as under 5 U.S.C. 553(d)(3) to
waive the delay in effective date. Because no notice of proposed
rulemaking is required for this rule, the Regulatory Flexibility Act (5
U.S.C. 601-612) does not apply.
List of Subjects
31 CFR Part 535
Administrative practice and procedure, Banks, banking, Currency,
Foreign claims, Foreign investments in United States, Iran, Penalties,
Reporting and recordkeeping requirements, Securities.
31 CFR Part 536
Administrative practice and procedure, Banks, banking, Drug traffic
control, Penalties, Reporting and recordkeeping requirements.
31 CFR Part 537
Administrative practice and procedure, Banks, banking, Burma,
Currency, Foreign investments in United States, Foreign trade,
Penalties, Reporting and recordkeeping requirements, Securities.
31 CFR Part 538
Administrative practice and procedure, Banks, banking, Currency,
Foreign investments in United States, Foreign trade, Penalties,
Reporting and recordkeeping requirements, Securities, Sudan.
31 CFR Part 539
Administrative practice and procedure, Arms and munitions, Imports,
Penalties, Reporting and recordkeeping requirements.
31 CFR Part 540
Administrative practice and procedure, Nuclear materials,
Penalties, Reporting and recordkeeping requirements, Russian
Federation, Uranium.
31 CFR Part 541
Administrative practice and procedure, Banks, banking, Blocking of
assets, Penalties, Reporting and recordkeeping requirements,
Securities, Services, Zimbabwe.
31 CFR Part 542
Administrative practice and procedure, Banks, banking, Blocking of
assets, Credit, Penalties, Reporting and recordkeeping requirements,
Securities, Services, Syria.
31 CFR Part 545
Administrative practice and procedure, Afghanistan, Banks, banking,
Foreign investments in United States, Foreign trade, Penalties,
Reporting and recordkeeping requirements, Travel restrictions.
31 CFR Part 560
Administrative practice and procedure, Exports, Humanitarian aid,
Imports, Iran, Penalties, Reporting and recordkeeping requirements.
31 CFR Part 585
Administrative practice and procedure, Banks, banking, Foreign
investments in United States, Foreign trade, Penalties, Reporting and
recordkeeping requirements, Securities, Transportation, United States
investments abroad, Yugoslavia.
31 CFR Part 586
Administrative practice and procedure, Banks, banking, Foreign
investments in United States, Foreign trade, Penalties, Reporting and
recordkeeping requirements, Securities, Transportation, United States
investments abroad, Yugoslavia.
31 CFR Part 587
Administrative practice and procedure, Banks, banking, Foreign
investments in United States, Foreign trade, Penalties, Reporting and
recordkeeping requirements, Securities, United States investments
abroad, Yugoslavia.
31 CFR Part 588
Administrative practice and procedure, Banks, banking, Penalties,
Reporting and recordkeeping requirements, Securities, Western Balkans.
31 CFR Part 593
Administrative practice and procedure, Banks, Banking, Blocking of
assets, Credit, Foreign Trade, Imports, Liberia, Penalties, Reporting
and recordkeeping requirements, Securities.
31 CFR Part 594
Administrative practice and procedure, Banks, banking, Penalties,
Reporting and recordkeeping requirements, Terrorism.
31 CFR Part 595
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, 31 CFR chapter V is amended
by amending 31 CFR parts 535, 536, 537, 538, 539, 540, 541, 542, 545,
560, 585, 586, 587, 588, 593, 594, and 595 as follows:
PART 535--IRANIAN ASSETS CONTROL REGULATIONS
0
1. The authority citation for part 535 is revised to read as follows:
Authority: 3 U.S.C. 301; 18 U.S.C. 2332d; 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. 12170, 44 FR
65729, 3 CFR, 1979 Comp., p. 457; E.O. 12205, 45 FR 24099, 3 CFR,
1980 Comp., p. 248; E.O. 12211, 45 FR 26685, 3 CFR, 1980 Comp., p.
253; E.O. 12276, 46 FR 7913, 3 CFR, 1981 Comp., p. 104; E.O. 12279,
46 FR 7919, 3 CFR, 1981 Comp., p. 109; E.O. 12280, 46 FR 7921, 3
CFR, 1981 Comp., p. 110; E.O. 12281, 46 FR 7923, 3 CFR, 1981 Comp.,
p. 110; E.O. 12282, 46 FR 7925, 3 CFR, 1981 Comp., p. 113; E.O.
12283, 46 FR 7927, 3 CFR, 1981 Comp., p. 114; and E.O. 12294, 46 FR
14111, 3 CFR, 1981 Comp., p. 139.
Subpart G--Penalties
0
2. Section 535.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 535.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 535.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis
[[Page 32652]]
of the violation with respect to which the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 536--NARCOTICS TRAFFICKING SANCTIONS REGULATIONS
0
3. The authority citation for part 536 is revised 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. 12978, 60 FR 54579, 3 CFR, 1995
Comp., p. 415; E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166.
Subpart G--Penalties
0
4. Section 536.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 536.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 536.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 537--BURMESE SANCTIONS REGULATIONS
0
5. The authority citation for part 537 is revised 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);
Sec. 570, Pub. L. 104-208, 110 Stat. 3009; Pub. L. 108-61, 117 Stat.
864; Pub. L. 110-96, 121 Stat. 1011; E.O. 13047, 62 FR 28301, 3 CFR,
1997 Comp., p. 202; E.O. 13310, 68 FR 44853, 3 CFR, 2003 Comp., p.
241.
Subpart G--Penalties
0
6. Section 537.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 537.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 537.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 538--SUDANESE SANCTIONS REGULATIONS
0
7. The authority citation for part 538 is revised to read as follows:
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 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; Pub. L.
109-344, 120 Stat. 1869; Pub. L. 110-96, 121 Stat. 1011; E.O. 13067,
62 FR 59989, 3 CFR, 1997 Comp., p. 230; E.O. 13412, 71 FR 61369, 3
CFR, 2006 Comp., p. 244.
Subpart G--Penalties
0
8. Section 538.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 538.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 538.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 539--WEAPONS OF MASS DESTRUCTION TRADE CONTROL REGULATIONS
0
9. The authority citation for part 539 is revised to read as follows:
Authority: 3 U.S.C. 301; 22 U.S.C. 2751-2799aa-2; 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.
12938, 59 FR 59099, 3
[[Page 32653]]
CFR, 1994 Comp., p. 950; E.O. 13094, 63 FR 40803, 3 CFR, 1998 Comp.,
p. 200.
Subpart G--Penalties
0
10. Section 539.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 539.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 539.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 540--HIGHLY ENRICHED URANIUM (HEU) AGREEMENT ASSETS CONTROL
REGULATIONS
0
11. The authority citation for part 540 is revised 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. 13159, 65 FR 39279, 3 CFR, 2000
Comp., p. 277.
Subpart G--Penalties
0
12. Section 540.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 540.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 540.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 541--ZIMBABWE SANCTIONS REGULATIONS
0
13. The authority citation for part 541 is revised 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. 13288, 68 FR 11457, 3 CFR, 2003
Comp., p. 186.
Subpart G--Penalties
0
14. Section 541.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 541.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 541.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 542--SYRIAN SANCTIONS REGULATIONS
0
15. The authority citation for part 542 is revised 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. 13338, 69 FR 26751, 3 CFR, 2004
Comp., p. 168.
Subpart G--Penalties
0
16. Section 542.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 542.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 542.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
[[Page 32654]]
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 545--TALIBAN (AFGHANISTAN) SANCTIONS REGULATIONS
0
17. The authority citation for part 545 is revised 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. 13129, 64 FR 36759, 3 CFR, 1999
Comp., p. 200.
Subpart G--Penalties
0
18. Section 545.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 545.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 545.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 560--IRANIAN TRANSACTIONS REGULATIONS
0
19. The authority citation for part 560 is revised 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; Pub. L. 110-96, 121 Stat. 1011; 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. 356;
E.O. 13059, 62 FR 44531, 3 CFR, 1997 Comp., p. 217.
Subpart G--Penalties
0
20. Section 560.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 560.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 560.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 585--FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)
AND BOSNIAN SERB-CONTROLLED AREAS OF THE REPUBLIC OF BOSNIA AND
HERZEGOVINA SANCTIONS REGULATIONS
0
21. The authority citation for part 585 is revised to read as follows:
Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 31 U.S.C. 321(b); 49
U.S.C. 40106; 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. 12808, 57 FR 23299, 3 CFR, 1992 Comp., p. 305; E.O. 12810, 57
FR 24347, 3 CFR, 1992 Comp., p. 307; E.O. 12831, 58 FR 5253, 3 CFR,
1993 Comp., p. 576; E.O. 12846, 58 FR 25771, 3 CFR, 1993 Comp., p.
599; E.O. 12934, 59 FR 54117, 3 CFR, 1994 Comp., p. 930; E.O. 13304,
68 FR 32315, 3 CFR, 2003 Comp., p. 229.
Subpart G--Penalties
0
22. Section 585.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 585.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 585.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 586--FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)
KOSOVO SANCTIONS REGULATIONS
0
23. The authority citation for part 586 is revised 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. 13088, 63 FR 32109, 3 CFR, 1998
Comp., p. 191; E.O. 13121, 64 FR 24021, 3 CFR, 1999 Comp., p. 176;
E.O. 13192, 66 FR 7379, 3 CFR, 2001 Comp., p. 733; E.O. 13304, 68 FR
32315, 3 CFR, 2003 Comp., p. 229.
Subpart G--Penalties
0
24. Section 586.701 is amended by removing the second sentence of
paragraph (a) and by revising
[[Page 32655]]
paragraphs (a)(1), (a)(2), and (b) to read as follows:
Sec. 586.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 586.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 587--FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)
MILOSEVIC SANCTIONS REGULATIONS
0
25. The authority citation for part 587 is revised 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. 13088, 63 FR
32109, 3 CFR, 1998 Comp., p. 191; E.O. 13121, 64 FR 24021, 3 CFR,
1999 Comp., p. 176; E.O. 13192, 66 FR 7379, 3 CFR, 2001 Comp., p.
733; E.O. 13304, 68 FR 32315, 3 CFR, 2003 Comp., p. 229.
Subpart G--Penalties
0
26. Section 587.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 587.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 587.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 588--WESTERN BALKANS STABILIZATION REGULATIONS
0
27. The authority citation for part 588 is revised 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. 13219, 66 FR 34777, 3 CFR, 2001
Comp., p. 778; E.O. 13304, 68 FR 32315, 3 CFR, 2003 Comp., p. 229.
Subpart G--Penalties
0
28. Section 588.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 588.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 588.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 593--FORMER LIBERIAN REGIME OF CHARLES TAYLOR SANCTIONS
REGULATIONS
0
29. The authority citation for part 593 is revised to read as follows:
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651,
1701-1706; 22 U.S.C. 287c; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C.
2461 note); Pub. L. 110-96, 121 Stat. 1011; E.O. 13348, 69 FR 44885,
3 CFR, 2004 Comp., p. 189.
Subpart G--Penalties
0
30. Section 593.701 is amended by revising paragraphs (a)(1), (a)(2),
and (b) to read as follows:
Sec. 593.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 593.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
[[Page 32656]]
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 594--GLOBAL TERRORISM SANCTIONS REGULATIONS
0
31. The authority citation for part 594 is revised 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 G--Penalties
0
32. Section 594.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 594.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 594.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
PART 595--TERRORISM SANCTIONS REGULATIONS
0
33. The authority citation for part 595 is revised 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; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208.
Subpart G--Penalties
0
34. Section 595.701 is amended by removing the second sentence of
paragraph (a) and by revising paragraphs (a)(1), (a)(2), and (b) to
read as follows:
Sec. 595.701 Penalties.
(a) * * *
(1) A civil penalty not to exceed the amount set forth in Section
206 of the Act may be imposed on any person who violates, attempts to
violate, conspires to violate, or causes a violation of any license,
order, regulation, or prohibition issued under the Act.
Note to paragraph (a)(1) of Sec. 595.701. As of June 10, 2008,
the Act provides for a maximum civil penalty not to exceed the
greater of $250,000 or an amount that is twice the amount of the
transaction that is the basis of the violation with respect to which
the penalty is imposed.
(2) A person who willfully commits, willfully attempts to commit,
or willfully conspires to commit, or aids or abets in the commission of
a violation of any license, order, regulation, or prohibition shall,
upon conviction, be fined not more than $1,000,000, or if a natural
person, may be imprisoned for not more than 20 years, or both.
(b) Adjustments to penalty amounts. (1) The civil penalties
provided in the Act are subject to adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note).
(2) The criminal penalties provided in the Act are subject to
adjustment pursuant to 18 U.S.C. 3571.
* * * * *
Dated: May 27, 2008.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E8-12385 Filed 6-9-08; 8:45 am]
BILLING CODE 4811-42-P