Global Terrorism Sanctions Regulations; Terrorism Sanctions Regulations; Foreign Terrorist Organizations Sanctions Regulations, 78631-78633 [E8-30532]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Rules and Regulations
Alabama Share = (IAL ÷ (IAL + ILA + IMS
+ ITX)) × Qualified OCS Revenues
Louisiana Share = (ILA ÷ (IAL + ILA + IMS
+ ITX)) × Qualified OCS Revenues
Mississippi Share = (IMS ÷ (IAL + ILA +
IMS + ITX)) × Qualified OCS Revenues
Texas Share = (ITX ÷ (IAL + ILA + IMS +
ITX)) × Qualified OCS Revenues
(3) If in any fiscal year, this
calculation results in less than a 10
percent allocation of the qualified OCS
revenues to any Gulf producing State,
we will recalculate the distribution. We
will allocate 10 percent of the qualified
OCS revenues to the State and
recalculate the other States’ shares of
the remaining qualified OCS revenues
omitting the State receiving the 10
percent minimum share and its 10
percent share from the calculation.
§ 219.415 How will bonus and royalty
credits affect revenues allocated to Gulf
producing States?
If bonus and royalty credits issued
under Section 104(c) of the Gulf of
Mexico Energy Security Act are used to
pay bonuses or royalties on leases in the
181 Area located in the Eastern
Planning Area and the 181 South Area,
then there will be a corresponding
reduction in qualified OCS revenues
available for distribution.
§ 219.416 How will the qualified OCS
revenues be allocated to coastal political
subdivisions within the Gulf producing
States?
The MMS will disburse funds to the
coastal political subdivisions in
accordance with the following criteria:
(a) Twenty-five percent of the
qualified OCS revenues will be
allocated to a Gulf producing State’s
coastal political subdivisions in the
proportion that each coastal political
subdivision’s population bears to the
population of all coastal political
subdivisions in the producing State;
(b) Twenty-five percent of the
qualified OCS revenues will be
allocated to a Gulf producing State’s
coastal political subdivisions in the
proportion that each coastal political
subdivision’s miles of coastline bears to
the number of miles of coastline of all
coastal political subdivisions in the
producing State. Except that, for the
State of Louisiana, proxy coastline
lengths for coastal political subdivisions
without a coastline will be considered
to be 1⁄3 the average length of the
coastline of all political subdivisions
within Louisiana having a coastline.
(c) Fifty percent of the revenues will
be allocated to a Gulf producing State’s
coastal political subdivisions in
amounts that are inversely proportional
to the respective distances between the
VerDate Aug<31>2005
15:41 Dec 22, 2008
Jkt 217001
geographic center of each applicable
leased tract and the point in each
coastal political subdivision that is
closest to the geographic center of each
applicable leased tract. Except that, an
applicable leased tract will be excluded
from this calculation if any portion of
the tract is located in a geographic area
that was subject to a leasing moratorium
on January 1, 2005, unless that tract was
in production on that date.
§ 219.417 How will MMS disburse qualified
OCS revenues to the coastal political
subdivisions if, during any fiscal year, there
are no applicable leased tracts in the 181
Area in the Eastern Gulf of Mexico Planning
Area?
If, during any fiscal year, there are no
applicable leased tracts in the 181 Area
in the Eastern Gulf of Mexico Planning
Area, MMS will disburse funds to the
coastal political subdivisions in
accordance with the following criteria:
(a) Fifty percent of the revenues will
be allocated to a Gulf producing State’s
coastal political subdivisions in the
proportion that each coastal political
subdivision’s population bears to the
population of all coastal political
subdivisions in the State; and
(b) Fifty percent of the revenues will
be allocated to a Gulf producing State’s
coastal political subdivisions in the
proportion that each coastal political
subdivision’s miles of coastline bears to
the number of miles of coastline of all
coastal political subdivisions in the
State. Except that, for the State of
Louisiana, proxy coastline lengths for
coastal political subdivisions without a
coastline will be considered to be 1⁄3 the
average length of the coastline of all
political subdivisions within Louisiana
having a coastline.
§ 219.418 When will funds be disbursed to
Gulf producing States and eligible coastal
political subdivisions?
(a) The MMS will disburse allocated
funds in the fiscal year after MMS
collects the qualified OCS revenues. For
example, MMS will disburse funds in
fiscal year 2010 from the qualified OCS
revenues collected during fiscal year
2009.
(b) We intend to disburse funds on or
before March 31st of the year following
the fiscal year of qualified OCS
revenues.
[FR Doc. E8–30469 Filed 12–22–08; 8:45 am]
BILLING CODE 4310–MR–P
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
78631
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 amending the
Global Terrorism Sanctions Regulations
and the Terrorism Sanctions
Regulations to expand the scope of
authorizations in each of those programs
for the provision of certain legal
services. Similarly, OFAC is amending
the Foreign Terrorist Organizations
Sanctions Regulations to expand the
scope of a statement of licensing policy
concerning payment for certain legal
services.
DATES:
Effective Date: December 23,
2008.
FOR FURTHER INFORMATION CONTACT:
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
E:\FR\FM\23DER1.SGM
23DER1
78632
Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Rules and Regulations
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.
OFAC is revising sections in the
GTSR and the TSR that authorize the
provision of specified legal services.
Section 594.506 of the GTSR and
§ 595.506 of the TSR authorize U.S.
persons to provide certain specified
legal services to or on behalf of persons
whose assets are blocked under those
regulations, provided that any payment
of professional fees and reimbursement
of incurred expenses must be
specifically licensed. OFAC is
expanding the scope of these general
licenses by adding to the specified legal
services the representation of persons
detained within the jurisdiction of the
United States or by the U.S. government
with respect to either such detention or
any charges made against such persons.
The general licenses also authorize the
initiation and conduct of proceedings.
OFAC has long had in place general
licenses that authorize the provision of
specified legal services on behalf of
blocked persons and payment for those
services when specifically licensed.
OFAC is expanding these categories to
cover this additional factual situation in
the GTSR and the TSR, as well as
related changes in the FTOSR discussed
below. OFAC also is making nonsubstantive revisions to § 595.506 of the
TSR in order to conform it to parallel
§ 594.506 of the GTSR. As a result,
OFAC is reissuing § 595.506 in its
entirety.
In addition, OFAC is amending
§ 597.505 of the FTOSR, which states
that specific licenses may be issued, on
a case-by-case basis, authorizing
payment of professional fees and
reimbursement of incurred expenses
through a U.S. financial institution for
certain specified legal services by U.S.
persons. OFAC is amending this
statement of licensing policy to add to
the list of services for which payment
may be specifically licensed the
representation of agents of foreign
terrorist organizations detained within
the jurisdiction of the United States or
by the U.S. government, including, but
not limited to, the conduct of military
commission prosecutions and the
initiation and conduct of federal court
proceedings.
These amendments are not intended
to, and do not, imply or create any
substantive right or cause of action
against the United States, its officers or
employees, or any other person.
VerDate Aug<31>2005
15:41 Dec 22, 2008
Jkt 217001
Public Participation
Because the amendments of 31 CFR
parts 594, 595, and 597 involve a foreign
affairs function, Executive Order 12866
and the provisions of 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
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
CFR, 2002 Comp., p. 240; E.O. 13284, 64 FR
4075, 3 CFR, 2003 Comp., p. 161.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Amend § 594.506 by revising
paragraph (a)(4), redesignating existing
paragraph (a)(5) as (a)(6), and adding a
new paragraph (a)(5) to read as follows:
■
§ 594.506 Provision of certain legal
services authorized.
(a) * * *
(4) Representation of persons before
any federal or state agency with respect
to the imposition, administration, or
enforcement of U.S. sanctions against
such persons;
(5) Representation of persons,
wherever located, detained within the
jurisdiction of the United States or by
the United States government, with
respect to either such detention or any
charges made against such persons,
including, but not limited to, the
conduct of military commission
prosecutions and the initiation and
conduct of federal court proceedings;
and
*
*
*
*
*
PART 595—TERRORISM SANCTIONS
REGULATIONS
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.
3. The authority citation for part 595
continues 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 E—Licenses, Authorizations,
and Statements of Licensing Policy
31 CFR Part 597
■
Administrative practice and
procedure, Banks, Banking, Currency,
Foreign investments in United States,
Penalties, Reporting and recordkeeping
requirements, Securities, Terrorism.
■ For the reasons set forth in the
preamble, the Office of Foreign Assets
Control amends 31 CFR parts 594, 595
and 597 as follows:
§ 595.506 Provision of certain legal
services authorized.
PART 594—GLOBAL TERRORISM
SANCTIONS REGULATIONS
1. The authority citation for part 594
continues 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
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
4. Revise § 595.506 to read as follows:
(a) The provision of the following
legal services to or on behalf of persons
whose property or interests in property
are blocked pursuant to § 595.201(a) is
authorized, provided that all receipts of
payment of professional fees and
reimbursement of incurred expenses
must be specifically licensed:
(1) Provision of legal advice and
counseling on the requirements of and
compliance with the laws of any
jurisdiction within the United States,
provided that such advice and
counseling are not provided to facilitate
transactions in violation of this part;
(2) Representation of persons when
named as defendants in or otherwise
made parties to domestic U.S. legal,
E:\FR\FM\23DER1.SGM
23DER1
Federal Register / Vol. 73, No. 247 / Tuesday, December 23, 2008 / Rules and Regulations
arbitration, or administrative
proceedings;
(3) Initiation and conduct of domestic
U.S. legal, arbitration, or administrative
proceedings in defense of property
interests subject to U.S. jurisdiction;
(4) Representation of persons before
any federal or state agency with respect
to the imposition, administration, or
enforcement of U.S. sanctions against
such persons;
(5) Representation of persons,
wherever located, detained within the
jurisdiction of the United States or by
the United States government, with
respect to either such detention or any
charges made against such persons,
including, but not limited to, the
conduct of military commission
prosecutions and the initiation and
conduct of federal court proceedings;
and
(6) Provision of legal services in any
other context in which prevailing U.S.
law requires access to legal counsel at
public expense.
(b) The provision of any other legal
services to persons whose property or
interests in property are blocked
pursuant to § 595.201(a), not otherwise
authorized in this part, requires the
issuance of a specific license.
(c) Entry into a settlement agreement
affecting property or interests in
property or the enforcement of any lien,
judgment, arbitral award, decree, or
other order through execution,
garnishment, or other judicial process
purporting to transfer or otherwise alter
or affect property or interests in
property blocked pursuant to
§ 595.201(a) is prohibited except to the
extent otherwise provided by law or
unless specifically licensed in
accordance with § 595.202(e).
located, detained within the jurisdiction
of the United States or by the United
States government, with respect to
either such detention or any charges
made against such agent, including, but
not limited to, the conduct of military
commission prosecutions and the
initiation and conduct of federal court
proceedings;
*
*
*
*
*
Dated: December 17, 2008.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E8–30532 Filed 12–22–08; 8:45 am]
BILLING CODE 4811–45–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
Naval Restricted Area, Port Townsend,
Indian Island, Walan Point, WA
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
SUMMARY: The U.S. Army Corps of
Engineers (Corps) is issuing a final rule
to enlarge an existing restricted area
within Port Townsend Bay, Indian
Island, Walan Point, Washington. The
purpose of the restricted area is to
ensure the security and safety of the
public, and satisfy security, safety and
operational requirements as they pertain
to naval vessels. The restricted area will
be marked on navigation charts to
ensure security and safety for the
public.
Effective Date: January 22, 2009.
U.S. Army Corps of
Engineers, Attn: CECW–CO (David B.
Olson), 441 G Street, NW., Washington,
DC 20314–1000, or by e-mail to
david.b.olson@usace.army.mil.
DATES:
PART 597—FOREIGN TERRORIST
ORGANIZATIONS SANCTIONS
REGULATIONS
ADDRESSES:
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
6. Amend § 597.505 by redesignating
existing paragraphs (e) and (f) as (f) and
(g), respectively, and adding a new
paragraph (e) to read as follows:
■
§ 597.505
services.
Payment for certain legal
*
*
*
*
*
(e) Representation of an agent of a
foreign terrorist organization, wherever
VerDate Aug<31>2005
15:41 Dec 22, 2008
Jkt 217001
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
at 202–761–4922, Ms. Michelle Walker,
Regulatory Branch Chief, U.S. Army
Corps of Engineers, Seattle District,
Northwest Division, at 206–764–6915,
or Ms. Vicky Didenhover of the
Regulatory Branch, U.S. Army Corps of
Engineers, Seattle District, at 206–764–
3311.
SUPPLEMENTARY INFORMATION: In the July
31, 2007, issue of the Federal Register
(72 FR 41654), the Corps published a
proposed rule to enlarge an existing
restricted area in Port Townsend Bay,
Indian Island, Walan Point, Washington.
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
78633
In response to the proposed rule, we
received 10 comments, two of which
expressed support for the enlarged area.
The remaining comments expressed the
following concerns:
A. Pier lighting: One commenter
expressed concern that the number and
brightness of pier lights caused glare
along the shoreline.
The existing lights will not change in
connection with expansion of the
restricted area. Pier lighting is
controlled so that the minimum lighting
for safety and security is used during
pier operations, and pier lights are
positioned to shine on the pier surface
and into adjoining waters.
B. Fixed security barrier: Two
commenters were concerned over
aesthetic impacts and interference with
navigation that would be caused by a
physical barrier structure in the water
and the buoys that position it.
Consideration of any fixed barrier is
distinct from this regulatory action to
expand the existing restricted area. Any
proposal to place a physical barrier
around the restricted area will be the
subject of a separate environmental
review.
C. Emergency response: Another
commenter was concerned about the
ability of the Navy and local
municipalities to respond to an
emergency involving the Navy’s Indian
Island facility.
The Navy has a robust emergency
response system and closely coordinates
with local response agencies. This
expansion of the restricted area does not
produce an aggravated risk of a safety or
security situation for which additional
emergency response would be required.
D. Accident potential: Two
commenters expressed concern that, by
constricting room available for
navigation, the expansion of the
restricted area could increase the risk of
marine accidents.
This rulemaking will not result in
physical changes to the Indian Island
site that will present new navigational
impediments. The present restricted
area has been in effect since 1961, with
no record of causing marine accidents or
otherwise hindering navigation. Once
this final rule goes into effect, the
restricted area’s boundaries will still lie
approximately 11⁄2 nautical miles from
the nearest point on the Port TownsendKeystone ferry route, and approximately
1,700 yards to the closest point of land
at Kala Point. The coordinates defining
the expanded restricted area were
selected to avoid interference with
established ferry routes, to minimize
interference with the adjacent traffic
lanes of Port Townsend Bay, and to
minimize interference with traffic to the
E:\FR\FM\23DER1.SGM
23DER1
]]>Agencies
[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Rules and Regulations]
[Pages 78631-78633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30532]
=======================================================================
-----------------------------------------------------------------------
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 amending the Global Terrorism Sanctions
Regulations and the Terrorism Sanctions Regulations to expand the scope
of authorizations in each of those programs for the provision of
certain legal services. Similarly, OFAC is amending the Foreign
Terrorist Organizations Sanctions Regulations to expand the scope of a
statement of licensing policy concerning payment for certain legal
services.
DATES: Effective Date: December 23, 2008.
FOR FURTHER INFORMATION CONTACT: 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
[[Page 78632]]
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.
OFAC is revising sections in the GTSR and the TSR that authorize
the provision of specified legal services. Section 594.506 of the GTSR
and Sec. 595.506 of the TSR authorize U.S. persons to provide certain
specified legal services to or on behalf of persons whose assets are
blocked under those regulations, provided that any payment of
professional fees and reimbursement of incurred expenses must be
specifically licensed. OFAC is expanding the scope of these general
licenses by adding to the specified legal services the representation
of persons detained within the jurisdiction of the United States or by
the U.S. government with respect to either such detention or any
charges made against such persons. The general licenses also authorize
the initiation and conduct of proceedings. OFAC has long had in place
general licenses that authorize the provision of specified legal
services on behalf of blocked persons and payment for those services
when specifically licensed. OFAC is expanding these categories to cover
this additional factual situation in the GTSR and the TSR, as well as
related changes in the FTOSR discussed below. OFAC also is making non-
substantive revisions to Sec. 595.506 of the TSR in order to conform
it to parallel Sec. 594.506 of the GTSR. As a result, OFAC is
reissuing Sec. 595.506 in its entirety.
In addition, OFAC is amending Sec. 597.505 of the FTOSR, which
states that specific licenses may be issued, on a case-by-case basis,
authorizing payment of professional fees and reimbursement of incurred
expenses through a U.S. financial institution for certain specified
legal services by U.S. persons. OFAC is amending this statement of
licensing policy to add to the list of services for which payment may
be specifically licensed the representation of agents of foreign
terrorist organizations detained within the jurisdiction of the United
States or by the U.S. government, including, but not limited to, the
conduct of military commission prosecutions and the initiation and
conduct of federal court proceedings.
These amendments are not intended to, and do not, imply or create
any substantive right or cause of action against the United States, its
officers or employees, or any other person.
Public Participation
Because the amendments of 31 CFR parts 594, 595, and 597 involve a
foreign affairs function, Executive Order 12866 and the provisions of
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 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. The authority citation for part 594 continues 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, 64 FR 4075, 3 CFR, 2003 Comp., p.
161.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Amend Sec. 594.506 by revising paragraph (a)(4), redesignating
existing paragraph (a)(5) as (a)(6), and adding a new paragraph (a)(5)
to read as follows:
Sec. 594.506 Provision of certain legal services authorized.
(a) * * *
(4) Representation of persons before any federal or state agency
with respect to the imposition, administration, or enforcement of U.S.
sanctions against such persons;
(5) Representation of persons, wherever located, detained within
the jurisdiction of the United States or by the United States
government, with respect to either such detention or any charges made
against such persons, including, but not limited to, the conduct of
military commission prosecutions and the initiation and conduct of
federal court proceedings; and
* * * * *
PART 595--TERRORISM SANCTIONS REGULATIONS
0
3. The authority citation for part 595 continues 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 E--Licenses, Authorizations, and Statements of Licensing
Policy
0
4. Revise Sec. 595.506 to read as follows:
Sec. 595.506 Provision of certain legal services authorized.
(a) The provision of the following legal services to or on behalf
of persons whose property or interests in property are blocked pursuant
to Sec. 595.201(a) is authorized, provided that all receipts of
payment of professional fees and reimbursement of incurred expenses
must be specifically licensed:
(1) Provision of legal advice and counseling on the requirements of
and compliance with the laws of any jurisdiction within the United
States, provided that such advice and counseling are not provided to
facilitate transactions in violation of this part;
(2) Representation of persons when named as defendants in or
otherwise made parties to domestic U.S. legal,
[[Page 78633]]
arbitration, or administrative proceedings;
(3) Initiation and conduct of domestic U.S. legal, arbitration, or
administrative proceedings in defense of property interests subject to
U.S. jurisdiction;
(4) Representation of persons before any federal or state agency
with respect to the imposition, administration, or enforcement of U.S.
sanctions against such persons;
(5) Representation of persons, wherever located, detained within
the jurisdiction of the United States or by the United States
government, with respect to either such detention or any charges made
against such persons, including, but not limited to, the conduct of
military commission prosecutions and the initiation and conduct of
federal court proceedings; and
(6) Provision of legal services in any other context in which
prevailing U.S. law requires access to legal counsel at public expense.
(b) The provision of any other legal services to persons whose
property or interests in property are blocked pursuant to Sec.
595.201(a), not otherwise authorized in this part, requires the
issuance of a specific license.
(c) Entry into a settlement agreement affecting property or
interests in property or the enforcement of any lien, judgment,
arbitral award, decree, or other order through execution, garnishment,
or other judicial process purporting to transfer or otherwise alter or
affect property or interests in property blocked pursuant to Sec.
595.201(a) is prohibited except to the extent otherwise provided by law
or unless specifically licensed in accordance with Sec. 595.202(e).
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. Amend Sec. 597.505 by redesignating existing paragraphs (e) and (f)
as (f) and (g), respectively, and adding a new paragraph (e) to read as
follows:
Sec. 597.505 Payment for certain legal services.
* * * * *
(e) Representation of an agent of a foreign terrorist organization,
wherever located, detained within the jurisdiction of the United States
or by the United States government, with respect to either such
detention or any charges made against such agent, including, but not
limited to, the conduct of military commission prosecutions and the
initiation and conduct of federal court proceedings;
* * * * *
Dated: December 17, 2008.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E8-30532 Filed 12-22-08; 8:45 am]
BILLING CODE 4811-45-P
