Sudanese Sanctions Regulations, 27433-27435 [E9-13523]

Download as PDF Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations PART 285—DEBT COLLECTION AUTHORITIES UNDER THE DEBT COLLECTION IMPROVEMENT ACT OF 1996 1. The authority citation for part 285 continues to read as follows: ■ Authority: 5 U.S.C. 5514; 26 U.S.C. 6402; 31 U.S.C. 321, 3701, 3711, 3716, 3719, 3720A, 3720B, 3720D; 42 U.S.C. 664; E.O. 13019, 61 FR 51763, 3 CFR, 1996 Comp., p. 216. 2. In § 285.1, revise paragraph (n) to read as follows: ■ § 285.1 Collection of past-due support by administrative offset. * * * * * (n) Administrative offset priorities. (1) A levy pursuant to the Internal Revenue Code of 1986 shall take precedence over deductions under this section. (2) Offsets will be applied first to pastdue support being enforced by the State before any other offsets under this part. * * * * * § 285.2 [Amended] § 285.3 Offset of tax refund payments to collect past-due support. mstockstill on PROD1PC66 with RULES * * * * * (d) Priorities for offset. (1) As provided in 26 U.S.C. 6402, a tax refund payment shall be reduced in the following order of priority: (i) First, by the amount of any pastdue support which is to be offset under 26 U.S.C. 6402(c) and 42 U.S.C. 464; (ii) Second, by the amount of any past-due, legally enforceable debt owed to a Federal agency which is to be offset under 26 U.S.C. 6402(d), 31 U.S.C. 3720A and § 285.2 of this part; and (iii) Third, by the amount of any pastdue, legally enforceable debt owed to States (other than past-due support) which is to be offset under 26 U.S.C. 6402(e) or 26 U.S.C. 6402(f). * * * * * ■ 5. In § 285.5, revise paragraph (f)(3) to read as follows: 14:06 Jun 09, 2009 * * * * (f) * * * (3) Priorities for collecting multiple debts owed by the payee. (i) A levy pursuant to the Internal Revenue Code of 1986 shall take precedence over deductions under this section. (ii) When a payment may be offset to collect more than one debt, amounts offset will be applied: (A) First, to satisfy any past-due support that that the State is collecting under section 464 of the Social Security Act (see 285.1 and 285.3 of this part); (B) Second, to satisfy any debts owed to Federal agencies, as described in this § 285.5; and (C) Third, to any debts owed to States for debts other than past-due support (see §§ 285.6 and 285.8 of this part). * * * * * ■ 6. In § 285.7, revise paragraph (h)(2) to read as follows: Jkt 217001 DEPARTMENT OF THE TREASURY Office of Foreign Assets Control * § 285.7 3. Amend § 285.2 as follows: a. Remove paragraph (e); b. Redesignate paragraphs (f) through (l) as (e) through (k). ■ c. In newly redesignated paragraph (e)(1)(ii), revise the reference to ‘‘paragraph (f)(1)(i)’’ to read ‘‘paragraph (e)(1)(i)’’ and revise the reference to ‘‘paragraph (g)’’ to read ‘‘paragraph (f)’’; and ■ d. In newly redesignated paragraph (g), revise the reference to ‘‘paragraph (i)’’ to read ‘‘paragraph (h)’’. ■ 4. In § 285.3, revise paragraph (d)(1) to read as follows: ■ ■ ■ VerDate Nov<24>2008 § 285.5 Centralized offset of Federal payments to collect nontax debts owed to the United States. 27433 Salary offset. * * * * * (h) * * * (2) When a salary payment may be reduced to collect more than one debt, amounts offset under this section will be applied to a debt only after amounts have been applied to satisfy past-due support debts being collected by the State pursuant to Section 464 of the Social Security Act. * * * * * ■ 7. In § 285.8, revise paragraph (d)(1) to read as follows: § 285.8 Offset of tax refund payments to collect state income tax obligations. * * * * * (d) * * * (1) As provided in 26 U.S.C. 6402, a tax refund payment shall be reduced first by the amount of any past-due support being enforced under section 464 of the Social Security Act which is to be offset under 26 U.S.C. 6402(c); second by the amount of any past-due, legally enforceable debt owed to a Federal agency which is to be offset under 26 U.S.C. 6402(d); and third by any past-due, legally enforceable debt owed to a State (other than past-due support) which is to be offset under 26 U.S.C. 6402(e) or 26 U.S.C. 6402(f). * * * * * Dated: May 29, 2009. Gary Grippo, Acting Fiscal Assistant Secretary. [FR Doc. E9–13613 Filed 6–9–09; 8:45 am] BILLING CODE 4810–35–P PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 31 CFR Part 538 Sudanese 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 Sudanese Sanctions Regulations to expand the scope of an existing authorization of certain imports for diplomatic or official personnel to include the provision of goods or services in the United States to the diplomatic missions of the Government of Sudan to the United States and the United Nations, and to the employees of such missions, subject to certain conditions. The amended section also authorizes the importation of goods or services into the United States by the regional Government of Southern Sudan and its employees that involve the transit or transshipment of goods through areas of Sudan other than the Specified Areas of Sudan, subject to certain conditions. DATES: Effective Date: June 10, 2009. FOR FURTHER INFORMATION CONTACT: Assistant Director for Compliance Outreach & Implementation, tel.: 202– 622–2490, Assistant Director for Licensing, tel.: 202–622–2480, Assistant Director for Policy, tel.: 202–622–4855, Office of Foreign Assets Control, or Chief Counsel (Foreign Assets Control), tel.: 202–622–2410, Office of the General Counsel, Department of the Treasury (not toll free numbers). SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (http://www.treas.gov/ofac) or via facsimile through a 24-hour fax-on demand service, tel.: (202) 622–0077. Background The Sudanese Sanctions Regulations, 31 CFR part 538 (the ‘‘SSR’’), were promulgated to implement Executive Order 13067 of November 3, 1997 (‘‘E.O. 13067’’), in which the President declared a national emergency with respect to the policies and actions of the Government of Sudan. To deal with that emergency, E.O. 13067 imposed comprehensive trade sanctions with respect to Sudan and blocked all property and interests in property of the E:\FR\FM\10JNR1.SGM 10JNR1 mstockstill on PROD1PC66 with RULES 27434 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations Government of Sudan in the United States or within the possession or control of United States persons. On October 13, 2006, the President issued Executive Order 13412 (‘‘E.O. 13412’’), to take additional steps with respect to the emergency declared in E.O. 13067, and to implement the Darfur Peace and Accountability Act of 2006 (Pub. L. 109–344, 120 Stat. 1869). While it exempted specified areas of Sudan from certain prohibitions in E.O. 13067, E.O. 13412 continued the blocking of the Government of Sudan’s property and interests in property and imposed a country-wide prohibition on transactions relating to Sudan’s petroleum or petrochemical industries. E.O. 13412 also removed the regional Government of Southern Sudan from the definition of the Government of Sudan. On October 31, 2007, the SSR were amended to implement E.O. 13412 (72 FR 61513, October 31, 2007). Today, OFAC is amending section 538.515 of the SSR. Before its amendment, section 538.515 authorized all transactions ordinarily incident to the importation of any goods or services into the United States destined for official or personal use by the diplomatic missions of the Government of Sudan to the United States and to international organizations located in the United States, subject to certain conditions. OFAC is amending this section to expand the scope of the authorization to include the provision of goods or services in the United States to the diplomatic missions of the Government of Sudan to the United States and the United Nations, and to the employees of the diplomatic missions of the Government of Sudan to the United States and the United Nations, subject to certain conditions. Paragraph (a) of the revised section 538.515 authorizes the importation of goods or services into the United States by, and the provision of goods or services in the United States to, the diplomatic missions of the Government of Sudan to the United States and the United Nations, subject to four conditions: (1) The goods or services must be for the conduct of the official business of the missions, or for personal use of the employees of the missions, and not for resale; (2) such transactions must not involve the purchase, sale, financing, or refinancing of real property; (3) such transactions are not otherwise prohibited by law; and (4) all such transactions must be conducted through an account at a U.S. financial institution specifically licensed by OFAC. A note to paragraph (a)(4) of the revised section 538.515 states that U.S. financial institutions are required to VerDate Nov<24>2008 14:06 Jun 09, 2009 Jkt 217001 obtain specific licenses to operate accounts for, or extend credit to, the diplomatic missions of the Government of Sudan to the United States and the United Nations. Paragraph (b) of the revised section 538.515 authorizes the importation of goods or services into the United States by, and the provision of goods or services in the United States to, the employees of the diplomatic missions of the Government of Sudan to the United States and the United Nations, subject to two conditions: (1) The goods or services must be for personal use of the employees of the missions, and not for resale; and (2) such transactions are not otherwise prohibited by law. Paragraph (c) of the revised section 538.515 authorizes the importation of goods or services into the United States by the regional Government of Southern Sudan and its employees that involve the transit or transshipment of goods from the Specified Areas of Sudan through areas of Sudan other than the Specified Areas of Sudan, subject to two conditions: (1) The goods or services must be for the conduct of the business of the regional Government, or for personal use of the employees of the regional Government, and not for resale; and (2) such transactions are not otherwise prohibited by law. A note to paragraph (c) of revised section 538.515 explains that the authorization contained in this paragraph permits the regional Government of Southern Sudan and its employees to import into the United States goods or services that have transited or transshipped through areas of Sudan other than the Specified Areas of Sudan without the need to obtain a specific license under § 538.417. The importation of goods and services into the United States by the regional Government of Southern Sudan not involving the transit or transshipment through areas of Sudan other than the Specified Areas of Sudan is already exempt under §§ 538.212(g) and 538.305(b) and, therefore, requires no authorization. Similarly, the provision of goods and services in the United States to the regional Government of Southern Sudan and its employees already is exempt pursuant to §§ 538.212(g) and 538.305(b) and also requires no authorization. Public Participation Because the amendment of the SSR involves a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Because no notice of PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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 the SSR are contained in 31 CFR part 501 (the ‘‘Reporting, Procedures and Penalties Regulations’’). Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of information have been approved by the Office of Management and Budget under control number 1505–0164. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. List of Subjects in 31 CFR Part 538 Administrative practice and procedure, Banks, Banking, Blocking of assets, Exports, Foreign trade, Humanitarian aid, Imports, Penalties, Reporting and recordkeeping requirements, Specially designated nationals, Sudan, Terrorism, Transportation. For the reasons set forth in the preamble, the Office of Foreign Assets Control amends 31 CFR part 538 as follows: ■ PART 538—SUDANESE SANCTIONS REGULATIONS 1. The authority citation for part 538 continues 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 E—Licenses, Authorizations, and Statements of Licensing Policy ■ 2. Revise § 538.515 to read as follows: § 538.515 Sudanese diplomatic missions in the United States. (a) The importation of goods or services into the United States by, and the provision of goods or services in the United States to, the diplomatic missions of the Government of Sudan to the United States and the United Nations are authorized, provided that: (1) The goods or services are for the conduct of the official business of the missions, or for personal use of the employees of the missions, and are not for resale; E:\FR\FM\10JNR1.SGM 10JNR1 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Rules and Regulations (2) The transaction does not involve the purchase, sale, financing, or refinancing of real property; (3) The transaction is not otherwise prohibited by law; and (4) The transaction is conducted through an account at a U.S. financial institution specifically licensed by OFAC. Dated: June 3, 2009. Adam J. Szubin, Director, Office of Foreign Assets Control. [FR Doc. E9–13523 Filed 6–9–09; 8:45 am] Note to paragraph (a)(4) of § 538.515: U.S. financial institutions are required to obtain specific licenses to operate accounts for, or extend credit to, the diplomatic missions of the Government of Sudan to the United States and the United Nations. Coast Guard mstockstill on PROD1PC66 with RULES (b) The importation of goods or services into the United States by, and the provision of goods or services in the United States to, the employees of the diplomatic missions of the Government of Sudan to the United States and the United Nations are authorized, provided that: (1) The goods or services are for personal use of the employees of the missions, and are not for resale; and (2) The transaction is not otherwise prohibited by law. (c) The importation of goods or services into the United States by the regional Government of Southern Sudan and its employees that involves the transit or transshipment of goods from the Specified Areas of Sudan through areas of Sudan other than the Specified Areas of Sudan is authorized, provided that: (1) The goods or services are for the conduct of the business of the regional Government, or for personal use of the employees of the regional Government, and are not for resale; and (2) The transaction is not otherwise prohibited by law. Note to paragraph (c) of § 538.515: The authorization contained in paragraph (c) of this section permits the regional Government of Southern Sudan and its employees to import into the United States goods or services that have transited or transshipped through areas of Sudan other than the Specified Areas of Sudan without the need to obtain a specific license under § 538.417. The importation of goods and services into the United States by the regional Government of Southern Sudan not involving transit or transshipment through areas of Sudan other than the Specified Areas of Sudan already is exempt pursuant to §§ 538.212(g) and 538.305(b) and, therefore, requires no authorization. Similarly, the provision of goods and services in the United States to the regional Government of Southern Sudan and its employees already is exempt pursuant to §§ 538.212(g) and 538.305(b) and also requires no authorization. VerDate Nov<24>2008 14:06 Jun 09, 2009 Jkt 217001 BILLING CODE 4811–45–P DEPARTMENT OF HOMELAND SECURITY 33 CFR Parts 1, 25, 66, 70, 72, 100, 110, 133, 135, 136, 137, 138, 155, 157, 161, 165, and 169 [Docket No. USCG–2009–0416] RIN 1625–ZA23 Navigation and Navigable Waters; Technical, Organizational and Conforming Amendments Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: This rule makes nonsubstantive changes throughout Title 33 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard navigation and navigable water regulations. This rule will have no substantive effect on the regulated public. These changes are provided to coincide with the annual recodification of Title 33 in July. DATES: This final rule is effective June 10, 2009. ADDRESSES: Comments and material received from the public, as well as the documents mentioned in this preamble as being available in the docket, are part of docket USCG–2009–0146 and are available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going to http://www.regulations.gov, selecting the Advanced Docket Search option on the right side of the screen, inserting USCG–2009–0416 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail LCDR Reed Kohberger, CG–5232, Coast Guard, telephone 202–372–1471, e-mail Reed.H.Kohberger@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 27435 SUPPLEMENTARY INFORMATION: Table of Contents for Preamble I. Regulatory History II. Background III. Discussion of Rule IV. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment I. Regulatory History We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard finds this rule is exempt from notice and comment rulemaking requirements because these changes involve agency organization and practices. In addition, good cause exists for not publishing an NPRM for all revisions in the rule because they are all non-substantive changes. This rule consists only of corrections and editorial, organizational, and conforming amendments. These changes will have no substantive effect on the public; therefore, it is unnecessary to publish an NPRM. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this rule effective upon publication in the Federal Register. II. Background Each year the printed edition of Title 33 of the Code of Federal Regulations is recodified on July 1. This rule, which becomes effective June 10, 2009, makes technical and editorial corrections throughout Title 33. This rule does not create any substantive requirements. III. Discussion of Rule This rule amends 33 CFR parts 1 and 100 to affirm and clarify the delegation of authority by the Commandant to Coast Guard Captains of the Port to issue special local regulations. This rule updates Coast Guard headquarters and field office designations, telephone numbers, and Web site addresses. These updates are non-substantive and are located throughout 33 CFR parts 70, 133, 135, 136, 137, and 138. Part 100 is amended to correct typographical and grammatical errors. This rule amends 33 CFR part 110 to standardize the format of latitude/ E:\FR\FM\10JNR1.SGM 10JNR1

Agencies

[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Rules and Regulations]
[Pages 27433-27435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13523]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 538


Sudanese 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 Sudanese Sanctions Regulations 
to expand the scope of an existing authorization of certain imports for 
diplomatic or official personnel to include the provision of goods or 
services in the United States to the diplomatic missions of the 
Government of Sudan to the United States and the United Nations, and to 
the employees of such missions, subject to certain conditions. The 
amended section also authorizes the importation of goods or services 
into the United States by the regional Government of Southern Sudan and 
its employees that involve the transit or transshipment of goods 
through areas of Sudan other than the Specified Areas of Sudan, subject 
to certain conditions.

DATES: Effective Date: June 10, 2009.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Compliance 
Outreach & Implementation, tel.: 202-622-2490, Assistant Director for 
Licensing, tel.: 202-622-2480, Assistant Director for Policy, tel.: 
202-622-4855, Office of Foreign Assets Control, or Chief Counsel 
(Foreign Assets Control), tel.: 202-622-2410, Office of the General 
Counsel, Department of the Treasury (not toll free numbers).

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability

    This document and additional information concerning OFAC are 
available from OFAC's Web site (http://www.treas.gov/ofac) or via 
facsimile through a 24-hour fax-on demand service, tel.: (202) 622-
0077.

Background

    The Sudanese Sanctions Regulations, 31 CFR part 538 (the ``SSR''), 
were promulgated to implement Executive Order 13067 of November 3, 1997 
(``E.O. 13067''), in which the President declared a national emergency 
with respect to the policies and actions of the Government of Sudan. To 
deal with that emergency, E.O. 13067 imposed comprehensive trade 
sanctions with respect to Sudan and blocked all property and interests 
in property of the

[[Page 27434]]

Government of Sudan in the United States or within the possession or 
control of United States persons. On October 13, 2006, the President 
issued Executive Order 13412 (``E.O. 13412''), to take additional steps 
with respect to the emergency declared in E.O. 13067, and to implement 
the Darfur Peace and Accountability Act of 2006 (Pub. L. 109-344, 120 
Stat. 1869). While it exempted specified areas of Sudan from certain 
prohibitions in E.O. 13067, E.O. 13412 continued the blocking of the 
Government of Sudan's property and interests in property and imposed a 
country-wide prohibition on transactions relating to Sudan's petroleum 
or petrochemical industries. E.O. 13412 also removed the regional 
Government of Southern Sudan from the definition of the Government of 
Sudan. On October 31, 2007, the SSR were amended to implement E.O. 
13412 (72 FR 61513, October 31, 2007).
    Today, OFAC is amending section 538.515 of the SSR. Before its 
amendment, section 538.515 authorized all transactions ordinarily 
incident to the importation of any goods or services into the United 
States destined for official or personal use by the diplomatic missions 
of the Government of Sudan to the United States and to international 
organizations located in the United States, subject to certain 
conditions. OFAC is amending this section to expand the scope of the 
authorization to include the provision of goods or services in the 
United States to the diplomatic missions of the Government of Sudan to 
the United States and the United Nations, and to the employees of the 
diplomatic missions of the Government of Sudan to the United States and 
the United Nations, subject to certain conditions.
    Paragraph (a) of the revised section 538.515 authorizes the 
importation of goods or services into the United States by, and the 
provision of goods or services in the United States to, the diplomatic 
missions of the Government of Sudan to the United States and the United 
Nations, subject to four conditions: (1) The goods or services must be 
for the conduct of the official business of the missions, or for 
personal use of the employees of the missions, and not for resale; (2) 
such transactions must not involve the purchase, sale, financing, or 
refinancing of real property; (3) such transactions are not otherwise 
prohibited by law; and (4) all such transactions must be conducted 
through an account at a U.S. financial institution specifically 
licensed by OFAC. A note to paragraph (a)(4) of the revised section 
538.515 states that U.S. financial institutions are required to obtain 
specific licenses to operate accounts for, or extend credit to, the 
diplomatic missions of the Government of Sudan to the United States and 
the United Nations.
    Paragraph (b) of the revised section 538.515 authorizes the 
importation of goods or services into the United States by, and the 
provision of goods or services in the United States to, the employees 
of the diplomatic missions of the Government of Sudan to the United 
States and the United Nations, subject to two conditions: (1) The goods 
or services must be for personal use of the employees of the missions, 
and not for resale; and (2) such transactions are not otherwise 
prohibited by law.
    Paragraph (c) of the revised section 538.515 authorizes the 
importation of goods or services into the United States by the regional 
Government of Southern Sudan and its employees that involve the transit 
or transshipment of goods from the Specified Areas of Sudan through 
areas of Sudan other than the Specified Areas of Sudan, subject to two 
conditions: (1) The goods or services must be for the conduct of the 
business of the regional Government, or for personal use of the 
employees of the regional Government, and not for resale; and (2) such 
transactions are not otherwise prohibited by law. A note to paragraph 
(c) of revised section 538.515 explains that the authorization 
contained in this paragraph permits the regional Government of Southern 
Sudan and its employees to import into the United States goods or 
services that have transited or transshipped through areas of Sudan 
other than the Specified Areas of Sudan without the need to obtain a 
specific license under Sec.  538.417. The importation of goods and 
services into the United States by the regional Government of Southern 
Sudan not involving the transit or transshipment through areas of Sudan 
other than the Specified Areas of Sudan is already exempt under 
Sec. Sec.  538.212(g) and 538.305(b) and, therefore, requires no 
authorization. Similarly, the provision of goods and services in the 
United States to the regional Government of Southern Sudan and its 
employees already is exempt pursuant to Sec. Sec.  538.212(g) and 
538.305(b) and also requires no authorization.

Public Participation

    Because the amendment of the SSR involves a foreign affairs 
function, the provisions of Executive Order 12866 and the 
Administrative Procedure Act (5 U.S.C. 553) requiring notice of 
proposed rulemaking, opportunity for public participation, and delay in 
effective date are inapplicable. Because no notice of proposed 
rulemaking is required for this rule, the Regulatory Flexibility Act (5 
U.S.C. 601-612) does not apply.

Paperwork Reduction Act

    The collections of information related to the SSR are contained in 
31 CFR part 501 (the ``Reporting, Procedures and Penalties 
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507), those collections of information have been approved by 
the Office of Management and Budget under control number 1505-0164. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection of 
information displays a valid control number.

List of Subjects in 31 CFR Part 538

    Administrative practice and procedure, Banks, Banking, Blocking of 
assets, Exports, Foreign trade, Humanitarian aid, Imports, Penalties, 
Reporting and recordkeeping requirements, Specially designated 
nationals, Sudan, Terrorism, Transportation.


0
For the reasons set forth in the preamble, the Office of Foreign Assets 
Control amends 31 CFR part 538 as follows:

PART 538--SUDANESE SANCTIONS REGULATIONS

0
1. The authority citation for part 538 continues 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 E--Licenses, Authorizations, and Statements of Licensing 
Policy

0
2. Revise Sec.  538.515 to read as follows:


Sec.  538.515  Sudanese diplomatic missions in the United States.

    (a) The importation of goods or services into the United States by, 
and the provision of goods or services in the United States to, the 
diplomatic missions of the Government of Sudan to the United States and 
the United Nations are authorized, provided that:
    (1) The goods or services are for the conduct of the official 
business of the missions, or for personal use of the employees of the 
missions, and are not for resale;

[[Page 27435]]

    (2) The transaction does not involve the purchase, sale, financing, 
or refinancing of real property;
    (3) The transaction is not otherwise prohibited by law; and
    (4) The transaction is conducted through an account at a U.S. 
financial institution specifically licensed by OFAC.

    Note to paragraph (a)(4) of Sec.  538.515: U.S. financial 
institutions are required to obtain specific licenses to operate 
accounts for, or extend credit to, the diplomatic missions of the 
Government of Sudan to the United States and the United Nations.

    (b) The importation of goods or services into the United States by, 
and the provision of goods or services in the United States to, the 
employees of the diplomatic missions of the Government of Sudan to the 
United States and the United Nations are authorized, provided that:
    (1) The goods or services are for personal use of the employees of 
the missions, and are not for resale; and
    (2) The transaction is not otherwise prohibited by law.
    (c) The importation of goods or services into the United States by 
the regional Government of Southern Sudan and its employees that 
involves the transit or transshipment of goods from the Specified Areas 
of Sudan through areas of Sudan other than the Specified Areas of Sudan 
is authorized, provided that:
    (1) The goods or services are for the conduct of the business of 
the regional Government, or for personal use of the employees of the 
regional Government, and are not for resale; and
    (2) The transaction is not otherwise prohibited by law.

    Note to paragraph (c) of Sec.  538.515:  The authorization 
contained in paragraph (c) of this section permits the regional 
Government of Southern Sudan and its employees to import into the 
United States goods or services that have transited or transshipped 
through areas of Sudan other than the Specified Areas of Sudan 
without the need to obtain a specific license under Sec.  538.417. 
The importation of goods and services into the United States by the 
regional Government of Southern Sudan not involving transit or 
transshipment through areas of Sudan other than the Specified Areas 
of Sudan already is exempt pursuant to Sec. Sec.  538.212(g) and 
538.305(b) and, therefore, requires no authorization. Similarly, the 
provision of goods and services in the United States to the regional 
Government of Southern Sudan and its employees already is exempt 
pursuant to Sec. Sec.  538.212(g) and 538.305(b) and also requires 
no authorization.


    Dated: June 3, 2009.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E9-13523 Filed 6-9-09; 8:45 am]
BILLING CODE 4811-45-P