Sudanese Sanctions Regulations, 27433-27435 [E9-13523]
Download as PDF
<![CDATA[
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
(https://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 https://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]
-----------------------------------------------------------------------
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 (https://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
