Iranian Human Rights Abuses Sanctions Regulations, 7695-7701 [2011-3040]

Agencies

• DEPARTMENT OF THE TREASURY
• Office of Foreign Assets Control

[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Rules and Regulations]
[Pages 7695-7701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3040]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 562


Iranian Human Rights Abuses Sanctions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (``OFAC'') is issuing regulations with respect to Iran to 
implement Executive Order 13553 of September 28, 2010. OFAC intends to 
supplement this part 562 with a more comprehensive set of regulations, 
which may include additional interpretive and definitional guidance and 
additional general licenses and statements of licensing policy.

DATES: Effective Date: February 11, 2011.

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). Certain 
general information pertaining to OFAC's sanctions programs also is 
available via facsimile through a 24-hour fax-on-demand service, tel.: 
202/622-0077.

Background

    On September 28, 2010, the President issued Executive Order 13553 
(75 FR 60567, October 1, 2010) (``E.O. 13553''), invoking the authority 
of, inter alia, the International Emergency Economic Powers Act (50 
U.S.C. 1701-1706) and the Comprehensive Iran Sanctions, Accountability, 
and Divestment Act of 2010 (Pub. L. 111-195), and in order to take 
additional steps with respect to the national emergency declared in 
Executive Order 12957 of March 15, 1995, with respect to Iran.
    The Department of the Treasury's Office of Foreign Assets Control 
is issuing the Iranian Human Rights Abuses Sanctions Regulations, 31 
CFR part 562 (the ``Regulations''), to implement E.O. 13553 pursuant to 
authorities delegated to the Secretary of the Treasury in E.O. 13553. A 
copy of E.O. 13553 appears in appendix A to this part.
    The Regulations are being published in abbreviated form at this 
time for the purpose of providing immediate guidance to the public. 
OFAC intends to supplement this part 562 with a more comprehensive set 
of regulations, which may include additional interpretive and 
definitional guidance and additional general licenses and statements of 
licensing policy. The appendix to the Regulations will be removed when 
OFAC supplements this part with a more comprehensive set of 
regulations.

Public Participation

    Because the Regulations involve a foreign affairs function, the 
provisions of Executive Order 12866 and the Administrative Procedure 
Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity 
for public participation, and delay in effective date are inapplicable. 
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 Regulations 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 562

    Administrative practice and procedure, Banks, Banking, Blocking of 
assets, Credit, Services, Brokers, Foreign Trade, Investments, Loans, 
Securities, Iran.

    For the reasons set forth in the preamble, the Department of the 
Treasury's Office of Foreign Assets Control adds part 562 to 31 CFR 
Chapter V to read as follows:

PART 562--IRANIAN HUMAN RIGHTS ABUSES SANCTIONS REGULATIONS

Subpart A--Relation of This Part to Other Laws and Regulations
Sec.
562.101 Relation of this part to other laws and regulations.
Subpart B--Prohibitions
562.201 Prohibited transactions.
562.202 Effect of transfers violating the provisions of this part.
562.203 Holding of funds in interest-bearing accounts; investment 
and reinvestment.
Subpart C--General Definitions
562.301 Blocked account; blocked property.
562.302 Effective date.
562.303 Entity.
562.304 Interest.
562.305 Licenses; general and specific.
562.306 Person.
562.307 Property; property interest.
562.308 Transfer.
562.309 United States.
562.310 U.S. financial institution.
562.311 United States person; U.S. person.
Subpart D--Interpretations
562.401 [Reserved]
562.402 Effect of amendment.
562.403 Termination and acquisition of an interest in blocked 
property.
562.404 Transactions ordinarily incident to a licensed transaction 
authorized.
562.405 Setoffs prohibited.

[[Page 7696]]

562.406 Entities owned by a person whose property and interests in 
property are blocked.
Subpart E--Licenses, Authorizations, and Statements of Licensing Policy
562.501 [Reserved]
562.502 [Reserved]
562.503 Exclusion from licenses.
562.504 Payments and transfers to blocked accounts in U.S. financial 
institutions.
562.505 Entries in certain accounts for normal service charges 
authorized.
562.506 Provision of certain legal services authorized.
562.507 Authorization of emergency medical services.
Subpart F--[Reserved]
Subpart G--[Reserved]
Subpart H--Procedures
562.801 [Reserved]
562.802 Delegation by the Secretary of the Treasury.
Subpart I--Paperwork Reduction Act
562.901 Paperwork Reduction Act notice.

Appendix A to Part 562--Executive Order 13553 of September 28, 2010

    Authority: 3 U.S.C. 301; 18 U.S.C. 2332d; 31 U.S.C. 321(b); 50 
U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890 (28 
U.S.C. 2461 note); Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 
note); Pub. L. 111-195, 124 Stat. 1312 (22 U.S.C. 8501-8551); E.O. 
12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 13553, 75 FR 
60567, October 1, 2010.

Subpart A--Relation of This Part to Other Laws and Regulations


Sec.  562.101   Relation of this part to other laws and regulations.

    This part is separate from, and independent of, the other parts of 
this chapter, with the exception of part 501 of this chapter, the 
recordkeeping and reporting requirements and license application and 
other procedures of which apply to this part. Actions taken pursuant to 
part 501 of this chapter with respect to the prohibitions contained in 
this part are considered actions taken pursuant to this part. Differing 
foreign policy and national security circumstances may result in 
differing interpretations of similar language among the parts of this 
chapter. No license or authorization contained in or issued pursuant to 
those other parts authorizes any transaction prohibited by this part. 
No license or authorization contained in or issued pursuant to any 
other provision of law or regulation authorizes any transaction 
prohibited by this part. No license or authorization contained in or 
issued pursuant to this part relieves the involved parties from 
complying with any other applicable laws or regulations.

    Note to Sec.  562.101: This part has been published in 
abbreviated form for the purpose of providing immediate guidance to 
the public. OFAC intends to supplement this part with a more 
comprehensive set of regulations, which may include additional 
interpretive and definitional guidance and additional general 
licenses and statements of licensing policy.

Subpart B--Prohibitions


Sec.  562.201   Prohibited transactions.

    All transactions prohibited pursuant to Executive Order 13553 are 
also prohibited pursuant to this part.

    Note 1 to Sec.  562.201: The names of persons listed in or 
designated pursuant to Executive Order 13553, whose property and 
interests in property are blocked pursuant to this section, are 
published on the Office of Foreign Assets Control's Specially 
Designated Nationals and Blocked Persons List (``SDN'' list) (which 
is accessible via the Office of Foreign Assets Control's Web site), 
published in the Federal Register, and incorporated into Appendix A 
to this chapter with the identifier ``[IRAN-HR]''. See Sec.  562.406 
concerning entities that may not be listed on the SDN list but whose 
property and interests in property are nevertheless blocked pursuant 
to this section.


    Note 2 to Sec.  562.201: The International Emergency Economic 
Powers Act (50 U.S.C. 1701-1706) (``IEEPA''), in Section 203 (50 
U.S.C. 1702), explicitly authorizes the blocking of property and 
interests in property of a person during the pendency of an 
investigation. The names of persons whose property and interests in 
property are blocked pending investigation pursuant to this part 
also are published on the SDN list, published in the Federal 
Register, and incorporated into Appendix A to this chapter with the 
identifier ``[BPI-IRAN-HR]''.


    Note 3 to Sec.  562.201:  Sections 501.806 and 501.807 of this 
chapter describe the procedures to be followed by persons seeking, 
respectively, the unblocking of funds that they believe were blocked 
due to mistaken identity, or administrative reconsideration of their 
status as persons whose property and interests in property are 
blocked pursuant to this section.

Sec.  562.202  Effect of transfers violating the provisions of this 
part.

    (a) Any transfer after the effective date that is in violation of 
any provision of this part or of any regulation, order, directive, 
ruling, instruction, or license issued pursuant to this part, and that 
involves any property or interest in property blocked pursuant to Sec.  
562.201, is null and void and shall not be the basis for the assertion 
or recognition of any interest in or right, remedy, power, or privilege 
with respect to such property or property interests.
    (b) No transfer before the effective date shall be the basis for 
the assertion or recognition of any right, remedy, power, or privilege 
with respect to, or any interest in, any property or interest in 
property blocked pursuant to Sec.  562.201, unless the person who holds 
or maintains such property, prior to that date, had written notice of 
the transfer or by any written evidence had recognized such transfer.
    (c) Unless otherwise provided, an appropriate license or other 
authorization issued by the Office of Foreign Assets Control before, 
during, or after a transfer shall validate such transfer or make it 
enforceable to the same extent that it would be valid or enforceable 
but for the provisions of IEEPA, Executive Order 13553, this part, and 
any regulation, order, directive, ruling, instruction, or license 
issued pursuant to this part.
    (d) Transfers of property that otherwise would be null and void or 
unenforceable by virtue of the provisions of this section shall not be 
deemed to be null and void or unenforceable as to any person with whom 
such property is or was held or maintained (and as to such person only) 
in cases in which such person is able to establish to the satisfaction 
of the Office of Foreign Assets Control each of the following:
    (1) Such transfer did not represent a willful violation of the 
provisions of this part by the person with whom such property is or was 
held or maintained (and as to such person only);
    (2) The person with whom such property is or was held or maintained 
did not have reasonable cause to know or suspect, in view of all the 
facts and circumstances known or available to such person, that such 
transfer required a license or authorization issued pursuant to this 
part and was not so licensed or authorized, or, if a license or 
authorization did purport to cover the transfer, that such license or 
authorization had been obtained by misrepresentation of a third party 
or withholding of material facts or was otherwise fraudulently 
obtained; and
    (3) The person with whom such property is or was held or maintained 
filed with the Office of Foreign Assets Control a report setting forth 
in full the circumstances relating to such transfer promptly upon 
discovery that:
    (i) Such transfer was in violation of the provisions of this part 
or any regulation, ruling, instruction, license, or other directive or 
authorization issued pursuant to this part;
    (ii) Such transfer was not licensed or authorized by the Office of 
Foreign Assets Control; or
    (iii) If a license did purport to cover the transfer, such license 
had been obtained by misrepresentation of a third

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party or withholding of material facts or was otherwise fraudulently 
obtained.

    Note to paragraph (d) of Sec.  562.202:  The filing of a report 
in accordance with the provisions of paragraph (d)(3) of this 
section shall not be deemed evidence that the terms of paragraphs 
(d)(1) and (d)(2) of this section have been satisfied.

    (e) Unless licensed pursuant to this part, any attachment, 
judgment, decree, lien, execution, garnishment, or other judicial 
process is null and void with respect to any property in which, on or 
since the effective date, there existed an interest of a person whose 
property and interests in property are blocked pursuant to Sec.  
562.201.


Sec.  562.203  Holding of funds in interest-bearing accounts; 
investment and reinvestment.

    (a) Except as provided in paragraphs (c) or (d) of this section, or 
as otherwise directed by the Office of Foreign Assets Control, any U.S. 
person holding funds, such as currency, bank deposits, or liquidated 
financial obligations, subject to Sec.  562.201 shall hold or place 
such funds in a blocked interest-bearing account located in the United 
States.
    (b)(1) For purposes of this section, the term blocked interest-
bearing account means a blocked account:
    (i) In a Federally-insured U.S. bank, thrift institution, or credit 
union, provided the funds are earning interest at rates that are 
commercially reasonable; or
    (ii) With a broker or dealer registered with the Securities and 
Exchange Commission under the Securities Exchange Act of 1934 (15 
U.S.C. 78a et seq.), provided the funds are invested in a money market 
fund or in U.S. Treasury bills.
    (2) For purposes of this section, a rate is commercially reasonable 
if it is the rate currently offered to other depositors on deposits or 
instruments of comparable size and maturity.
    (3) Funds held or placed in a blocked account described in 
paragraph (b) of this section may not be invested in instruments the 
maturity of which exceeds 180 days. If interest is credited to a 
separate blocked account or subaccount, the name of the account party 
on each account must be the same.
    (c) Blocked funds held in instruments the maturity of which exceeds 
180 days at the time the funds become subject to Sec.  562.201 may 
continue to be held until maturity in the original instrument, provided 
any interest, earnings, or other proceeds derived therefrom are paid 
into a blocked interest-bearing account as described in paragraphs (b) 
or (d) of this section.
    (d) Blocked funds held in accounts or instruments outside the 
United States at the time the funds become subject to Sec.  562.201 may 
continue to be held in the same type of accounts or instruments, 
provided the funds earn interest at rates that are commercially 
reasonable.
    (e) This section does not create an affirmative obligation for the 
holder of blocked tangible property, such as chattels or real estate, 
or of other blocked property, such as debt or equity securities, to 
sell or liquidate such property. However, the Office of Foreign Assets 
Control may issue licenses permitting or directing such sales or 
liquidation in appropriate cases.
    (f) Funds subject to this section may not be held, invested, or 
reinvested in a manner that provides immediate financial or economic 
benefit or access to any person whose property and interests in 
property are blocked pursuant to Sec.  562.201, nor may their holder 
cooperate in or facilitate the pledging or other attempted use as 
collateral of blocked funds or other assets.

Subpart C--General Definitions


Sec.  562.301  Blocked account; blocked property.

    The terms blocked account and blocked property shall mean any 
account or property subject to the prohibitions in Sec.  562.201 held 
in the name of a person whose property and interests in property are 
blocked pursuant to Sec.  562.201, or in which such person has an 
interest, and with respect to which payments, transfers, exportations, 
withdrawals, or other dealings may not be made or effected except 
pursuant to an authorization or license from the Office of Foreign 
Assets Control expressly authorizing such action.

    Note to Sec.  562.301:  See Sec.  562.406 concerning the blocked 
status of property and interests in property of an entity that is 50 
percent or more owned by a person whose property and interests in 
property are blocked pursuant to Sec.  562.201.

Sec.  562.302  Effective date.

    The term effective date refers to the effective date of the 
applicable prohibitions and directives contained in this part as 
follows:
    (a) With respect to a person listed in the Annex to Executive Order 
13553, 12:01 a.m. eastern daylight time, September 29, 2010; or
    (b) With respect to a person whose property and interests in 
property are otherwise blocked pursuant to Executive Order 13553, the 
earlier of the date of actual or constructive notice that such person's 
property and interests in property are blocked.


Sec.  562.303  Entity.

    The term entity means a partnership, association, trust, joint 
venture, corporation, group, subgroup, or other organization.


Sec.  562.304  Interest.

    Except as otherwise provided in this part, the term interest, when 
used with respect to property (e.g., ``an interest in property''), 
means an interest of any nature whatsoever, direct or indirect.


Sec.  562.305  Licenses; general and specific.

    (a) Except as otherwise specified, the term license means any 
license or authorization contained in or issued pursuant to this part.
    (b) The term general license means any license or authorization the 
terms of which are set forth in subpart E of this part.
    (c) The term specific license means any license or authorization 
not set forth in subpart E of this part but issued pursuant to this 
part.

    Note to Sec.  562.305:  See Sec.  501.801 of this chapter on 
licensing procedures.

Sec.  562.306  Person.

    The term person means an individual or entity.


Sec.  562.307  Property; property interest.

    The terms property and property interest include, but are not 
limited to, money, checks, drafts, bullion, bank deposits, savings 
accounts, debts, indebtedness, obligations, notes, guarantees, 
debentures, stocks, bonds, coupons, any other financial instruments, 
bankers acceptances, mortgages, pledges, liens or other rights in the 
nature of security, warehouse receipts, bills of lading, trust 
receipts, bills of sale, any other evidences of title, ownership or 
indebtedness, letters of credit and any documents relating to any 
rights or obligations thereunder, powers of attorney, goods, wares, 
merchandise, chattels, stocks on hand, ships, goods on ships, real 
estate mortgages, deeds of trust, vendors' sales agreements, land 
contracts, leaseholds, ground rents, real estate and any other interest 
therein, options, negotiable instruments, trade acceptances, royalties, 
book accounts, accounts payable, judgments, patents, trademarks or 
copyrights, insurance policies, safe deposit boxes and their contents, 
annuities, pooling agreements, services of any nature whatsoever, 
contracts of any nature whatsoever, and any other property, real, 
personal, or mixed, tangible or intangible, or interest or

[[Page 7698]]

interests therein, present, future, or contingent.


Sec.  562.308  Transfer.

    The term transfer means any actual or purported act or transaction, 
whether or not evidenced by writing, and whether or not done or 
performed within the United States, the purpose, intent, or effect of 
which is to create, surrender, release, convey, transfer, or alter, 
directly or indirectly, any right, remedy, power, privilege, or 
interest with respect to any property. Without limitation on the 
foregoing, it shall include the making, execution, or delivery of any 
assignment, power, conveyance, check, declaration, deed, deed of trust, 
power of attorney, power of appointment, bill of sale, mortgage, 
receipt, agreement, contract, certificate, gift, sale, affidavit, or 
statement; the making of any payment; the setting off of any obligation 
or credit; the appointment of any agent, trustee, or fiduciary; the 
creation or transfer of any lien; the issuance, docketing, filing, or 
levy of or under any judgment, decree, attachment, injunction, 
execution, or other judicial or administrative process or order, or the 
service of any garnishment; the acquisition of any interest of any 
nature whatsoever by reason of a judgment or decree of any foreign 
country; the fulfillment of any condition; the exercise of any power of 
appointment, power of attorney, or other power; or the acquisition, 
disposition, transportation, importation, exportation, or withdrawal of 
any security.


Sec.  562.309  United States.

    The term United States means the United States, its territories and 
possessions, and all areas under the jurisdiction or authority thereof.


Sec.  562.310  U.S. financial institution.

    The term U.S. financial institution means any U.S. entity 
(including its foreign branches) that is engaged in the business of 
accepting deposits, making, granting, transferring, holding, or 
brokering loans or credits, or purchasing or selling foreign exchange, 
securities, commodity futures or options, or procuring purchasers and 
sellers thereof, as principal or agent. It includes but is not limited 
to depository institutions, banks, savings banks, trust companies, 
securities brokers and dealers, commodity futures and options brokers 
and dealers, forward contract and foreign exchange merchants, 
securities and commodities exchanges, clearing corporations, investment 
companies, employee benefit plans, and U.S. holding companies, U.S. 
affiliates, or U.S. subsidiaries of any of the foregoing. This term 
includes those branches, offices, and agencies of foreign financial 
institutions that are located in the United States, but not such 
institutions' foreign branches, offices, or agencies.


Sec.  562.311  United States person; U.S. person.

    The term United States person or U.S. person means any United 
States citizen, permanent resident alien, entity organized under the 
laws of the United States or any jurisdiction within the United States 
(including foreign branches), or any person in the United States.

Subpart D--Interpretations


Sec.  562.401  [Reserved]


Sec.  562.402  Effect of amendment.

    Unless otherwise specifically provided, any amendment, 
modification, or revocation of any provision in this part, any 
provision in or appendix to this chapter, or any order, regulation, 
ruling, instruction, or license issued by the Office of Foreign Assets 
Control does not affect any act done or omitted, or any civil or 
criminal proceeding commenced or pending, prior to such amendment, 
modification, or revocation. All penalties, forfeitures, and 
liabilities under any such order, regulation, ruling, instruction, or 
license continue and may be enforced as if such amendment, 
modification, or revocation had not been made.


Sec.  562.403  Termination and acquisition of an interest in blocked 
property.

    (a) Whenever a transaction licensed or authorized by or pursuant to 
this part results in the transfer of property (including any property 
interest) away from a person, such property shall no longer be deemed 
to be property blocked pursuant to Sec.  562.201, unless there exists 
in the property another interest that is blocked pursuant to Sec.  
562.201 or any other part of this chapter, the transfer of which has 
not been effected pursuant to license or other authorization.
    (b) Unless otherwise specifically provided in a license or 
authorization issued pursuant to this part, if property (including any 
property interest) is transferred or attempted to be transferred to a 
person whose property and interests in property are blocked pursuant to 
Sec.  562.201, such property shall be deemed to be property in which 
that person has an interest and therefore blocked.


Sec.  562.404  Transactions ordinarily incident to a licensed 
transaction authorized.

    Any transaction ordinarily incident to a licensed transaction and 
necessary to give effect thereto is also authorized, except:
    (a) An ordinarily incident transaction, not explicitly authorized 
within the terms of the license, by or with a person whose property and 
interests in property are blocked pursuant to Sec.  562.201; or
    (b) An ordinarily incident transaction, not explicitly authorized 
within the terms of the license, involving a debit to a blocked account 
or a transfer of blocked property.


Sec.  562.405  Setoffs prohibited.

    A setoff against blocked property (including a blocked account), 
whether by a U.S. bank or other U.S. person, is a prohibited transfer 
under Sec.  562.201 if effected after the effective date.


Sec.  562.406  Entities owned by a person whose property and interests 
in property are blocked.

    A person whose property and interests in property are blocked 
pursuant to Sec.  562.201 has an interest in all property and interests 
in property of an entity in which it owns, directly or indirectly, a 50 
percent or greater interest. The property and interests in property of 
such an entity, therefore, are blocked, and such an entity is a person 
whose property and interests in property are blocked pursuant to Sec.  
562.201, regardless of whether the entity itself is listed in the Annex 
or designated pursuant to Executive Order 13553.

Subpart E--Licenses, Authorizations, and Statements of Licensing 
Policy


Sec.  562.501  [Reserved]


Sec.  562.502  [Reserved]


Sec.  562.503  Exclusion from licenses.

    The Office of Foreign Assets Control reserves the right to exclude 
any person, property, transaction, or class thereof from the operation 
of any license or from the privileges conferred by any license. The 
Office of Foreign Assets Control also reserves the right to restrict 
the applicability of any license to particular persons, property, 
transactions, or classes thereof. Such actions are binding upon actual 
or constructive notice of the exclusions or restrictions.


Sec.  562.504  Payments and transfers to blocked accounts in U.S. 
financial institutions.

    Any payment of funds or transfer of credit in which a person whose 
property

[[Page 7699]]

and interests in property are blocked pursuant to Sec.  562.201 has any 
interest that comes within the possession or control of a U.S. 
financial institution must be blocked in an account on the books of 
that financial institution. A transfer of funds or credit by a U.S. 
financial institution between blocked accounts in its branches or 
offices is authorized, provided that no transfer is made from an 
account within the United States to an account held outside the United 
States, and further provided that a transfer from a blocked account may 
be made only to another blocked account held in the same name.

    Note to Sec.  562.504:  See Sec.  501.603 of this chapter for 
mandatory reporting requirements regarding financial transfers. See 
also Sec.  562.203 concerning the obligation to hold blocked funds 
in interest-bearing accounts.

Sec.  562.505  Entries in certain accounts for normal service charges 
authorized.

    (a) A U.S. financial institution is authorized to debit any blocked 
account held at that financial institution in payment or reimbursement 
for normal service charges owed it by the owner of that blocked 
account.
    (b) As used in this section, the term normal service charges shall 
include charges in payment or reimbursement for interest due; cable, 
telegraph, Internet, or telephone charges; postage costs; custody fees; 
small adjustment charges to correct bookkeeping errors; and, but not by 
way of limitation, minimum balance charges, notary and protest fees, 
and charges for reference books, photocopies, credit reports, 
transcripts of statements, registered mail, insurance, stationery and 
supplies, and other similar items.


Sec.  562.506  Provision of certain legal services authorized.

    (a) The provision of the following legal services to or on behalf 
of persons whose property and interests in property are blocked 
pursuant to Sec.  562.201 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 the United States or 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 named as defendants in or otherwise 
made parties to domestic U.S. legal, 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; and
    (5) 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 and interests in property are blocked pursuant to Sec.  
562.201, not otherwise authorized in this part, requires the issuance 
of a specific license.
    (c) Entry into a settlement agreement 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.  562.201 is prohibited unless licensed 
pursuant to this part.


Sec.  562.507  Authorization of emergency medical services.

    The provision of nonscheduled emergency medical services in the 
United States to persons whose property and interests in property are 
blocked pursuant to Sec.  562.201 is authorized, provided that all 
receipt of payment for such services must be specifically licensed.

Subpart F--[Reserved]

Subpart G--[Reserved]

Subpart H--Procedures


Sec.  562.801  [Reserved]


Sec.  562.802  Delegation by the Secretary of the Treasury.

    Any action that the Secretary of the Treasury is authorized to take 
pursuant to Executive Order 13553 of September 28, 2010 (75 FR 60567, 
October 1, 2010), and any further Executive orders relating to the 
national emergency declared in Executive Order 12957, may be taken by 
the Director of the Office of Foreign Assets Control or by any other 
person to whom the Secretary of the Treasury has delegated authority so 
to act.

Subpart I--Paperwork Reduction Act


Sec.  562.901  Paperwork Reduction Act notice.

    For approval by the Office of Management and Budget (``OMB'') under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3507) of information 
collections relating to recordkeeping and reporting requirements, 
licensing procedures (including those pursuant to statements of 
licensing policy), and other procedures, see Sec.  501.901 of this 
chapter. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a valid control number assigned by OMB.

Appendix A to Part 562--Executive Order 13553 of September 28, 2010

EXECUTIVE ORDER

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BLOCKING PROPERTY OF CERTAIN PERSONS WITH RESPECT TO SERIOUS HUMAN 
RIGHTS ABUSES BY THE GOVERNMENT OF IRAN AND TAKING CERTAIN OTHER 
ACTIONS

    By the authority vested in me as President by the Constitution 
and the laws of the United States of America, including the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) 
(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), the 
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 
2010 (Pub. L. 111-195) (CISADA), and section 301 of title 3, United 
States Code, and in order to take additional steps with respect to 
the national emergency declared in Executive Order 12957 of March 
15, 1995,
    I, BARACK OBAMA, President of the United States of America, 
hereby order:
    Section 1. (a) All property and interests in property that are 
in the United States, that hereafter come within the United States, 
or that are or hereafter come within the possession or control of 
any United States person, including any overseas branch, of the 
following persons are blocked and may not be transferred, paid, 
exported, withdrawn, or otherwise dealt in:
    (i) the persons listed in the Annex to this order; and
    (ii) any person determined by the Secretary of the Treasury, in 
consultation with or at the recommendation of the Secretary of 
State:
    (A) to be an official of the Government of Iran or a person 
acting on behalf of the Government of Iran (including members of 
paramilitary organizations) who is responsible for or complicit in, 
or responsible for ordering, controlling, or otherwise directing, 
the commission of serious human rights abuses against persons in 
Iran or Iranian citizens or residents, or the family members of the 
foregoing, on or after June 12, 2009, regardless of whether such 
abuses occurred in Iran;
    (B) to have materially assisted, sponsored, or provided 
financial, material, or technological support for, or goods or 
services to or in support of, the activities described in subsection 
(a)(ii)(A) of this section or any person whose property and 
interests in property are blocked pursuant to this order; or
    (C) to be owned or controlled by, or to have acted or purported 
to act for or on behalf of, directly or indirectly, any person whose

[[Page 7700]]

property and interests in property are blocked pursuant to this 
order.
    (b) I hereby determine that the making of donations of the type 
of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 
1702(b)(2)) by, to, or for the benefit of any person whose property 
and interests in property are blocked pursuant to subsection (a) of 
this section would seriously impair my ability to deal with the 
national emergency declared in Executive Order 12957, and I hereby 
prohibit such donations as provided by subsection (a) of this 
section.
    (c) The prohibitions in subsection (a) of this section include 
but are not limited to:
    (i) the making of any contribution or provision of funds, goods, 
or services by, to, or for the benefit of any person whose property 
and interests in property are blocked pursuant to this order; and
    (ii) the receipt of any contribution or provision of funds, 
goods, or services from any such person.
    (d) The prohibitions in subsection (a) of this section apply 
except to the extent provided by statutes, or in regulations, 
orders, directives, or licenses that may be issued pursuant to this 
order, and notwithstanding any contract entered into or any license 
or permit granted prior to the effective date of this order.
    Sec. 2. (a) Any transaction by a United States person or within 
the United States that evades or avoids, has the purpose of evading 
or avoiding, causes a violation of, or attempts to violate any of 
the prohibitions set forth in this order is prohibited.
    (b) Any conspiracy formed to violate any of the prohibitions set 
forth in this order is prohibited.
    Sec. 3. For the purposes of this order:
    (a) the term ``person'' means an individual or entity;
    (b) the term ``entity'' means a partnership, association, trust, 
joint venture, corporation, group, subgroup, or other organization;
    (c) the term ``United States person'' means any United States 
citizen, permanent resident alien, entity organized under the laws 
of the United States or any jurisdiction within the United States 
(including foreign branches), or any person in the United States;
    (d) the term ``Government of Iran'' includes the Government of 
Iran, any political subdivision, agency, or instrumentality thereof, 
and any person owned or controlled by, or acting for or on behalf 
of, the Government of Iran; and
    (e) the term ``family member'' means, with respect to an 
individual, a spouse, child, parent, sibling, grandchild, or 
grandparent of the individual.
    Sec. 4. For those persons whose property and interests in 
property are blocked pursuant to this order who might have a 
constitutional presence in the United States, I find that because of 
the ability to transfer funds or other assets instantaneously, prior 
notice to such persons of measures to be taken pursuant to this 
order would render those measures ineffectual. I therefore determine 
that for these measures to be effective in addressing the national 
emergency declared in Executive Order 12957, there need be no prior 
notice of a listing or determination made pursuant to section 1(a) 
of this order.
    Sec. 5. The Secretary of the Treasury, in consultation with the 
Secretary of State, is hereby authorized to take such actions, 
including the promulgation of rules and regulations, and to employ 
all powers granted to the President by IEEPA and sections 105(a)-(c) 
of CISADA (22 U.S.C. 8514(a)-(c)), other than as described in 
sections 6 and 7 of this order, as may be necessary to carry out the 
purposes of this order other than the purposes of sections 6 and 7. 
The Secretary of the Treasury may redelegate any of these functions 
to other officers and agencies of the United States Government 
consistent with applicable law. The Secretary of the Treasury, in 
consultation with the Secretary of State, is hereby further 
authorized to exercise the functions and waiver authorities 
conferred upon the President by section 401(b) of CISADA (22 U.S.C. 
8551(b)) with respect to the requirement to impose or maintain 
sanctions pursuant to IEEPA under section 105(a) of CISADA (22 
U.S.C. 8514(a)) and to redelegate these functions and waiver 
authorities consistent with applicable law. All agencies of the 
United States Government are hereby directed to take all appropriate 
measures within their authority to carry out the provisions of this 
order.
    Sec. 6. The Secretary of State is hereby authorized to exercise 
the functions and authorities conferred upon the President by 
section 105(a) of CISADA (22 U.S.C. 8514(a)) with respect to 
imposition of the visa sanctions described in section 105(c) of 
CISADA (22 U.S.C. 8514(c)) and to redelegate these functions and 
authorities consistent with applicable law. The Secretary of State 
is hereby further authorized to exercise the functions and 
authorities conferred upon the President by section 105(c) of CISADA 
(22 U.S.C. 8514(c)) with respect to the promulgation of rules and 
regulations related to the visa sanctions described therein and to 
redelegate these functions and authorities consistent with 
applicable law. The Secretary of State is hereby further authorized 
to exercise the functions and waiver authorities conferred upon the 
President by section 401(b) of CISADA (22 U.S.C. 8551(b)) with 
respect to the requirement to impose or maintain visa sanctions 
under section 105(a) of CISADA (22 U.S.C. 8514(a)) and to redelegate 
these functions and waiver authorities consistent with applicable 
law. In exercising the functions and authorities in the previous 
sentence, the Secretary of State shall consult the Secretary of 
Homeland Security on matters related to admissibility or 
inadmissibility within the authority of the Secretary of Homeland 
Security.
    Sec. 7. The Secretary of State, in consultation with the 
Secretary of the Treasury, is hereby authorized to submit the 
initial and updated lists of persons who are subject to visa 
sanctions and whose property and interests in property are blocked 
pursuant to this order to the appropriate congressional committees 
as required by section 105(b) of CISADA (22 U.S.C. 8514(b)) and to 
redelegate these functions consistent with applicable law. The 
Secretary of State, in consultation with the Secretary of the 
Treasury, is hereby further authorized to exercise the functions and 
waiver authorities conferred upon the President by section 401(b) of 
CISADA (22 U.S.C. 8551(b)) with respect to the requirement to 
include a person on the list required by section 105(b) of CISADA 
(22 U.S.C. 8514(b)) and to redelegate these functions and waiver 
authorities consistent with applicable law.
    Sec. 8. The Secretary of the Treasury, in consultation with the 
Secretary of State, is hereby authorized to take such actions, 
including the promulgation of rules and regulations, and to employ 
all powers granted to the President by IEEPA, as may be necessary to 
carry out section 104 of CISADA (22 U.S.C. 8513). The Secretary of 
the Treasury may redelegate any of these functions to other officers 
and agencies of the United States Government consistent with 
applicable law.
    Sec. 9. The Secretary of the Treasury, in consultation with the 
Secretary of State, is hereby authorized to determine that 
circumstances no longer warrant the blocking of the property and 
interests in property of a person listed in the Annex to this order, 
and to take necessary action to give effect to that determination.
    Sec. 10. This order is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law or 
in equity by any party against the United States, its departments, 
agencies, or entities, its officers, employees, or agents, or any 
other person.
    Sec. 11. The measures taken pursuant to this order are in 
response to actions of the Government of Iran occurring after the 
conclusion of the 1981 Algiers Accords, and are intended solely as 
response to those later actions.
    Sec. 12. This order is effective at 12:01 a.m. eastern daylight 
time on September 29, 2010.

ANNEX

Individuals

1. Mohammad Ali JAFARI [Commander of the Islamic Revolutionary Guard 
Corps, born September 1, 1957]
2. Sadeq MAHSOULI [Minister of Welfare and Social Security, former 
Minister of the Interior and Deputy Commander-in-Chief of the Armed 
Forces for Law Enforcement, born 1959]
3. Qolam-Hossein MOHSENI-EJEI [Prosecutor-General of Iran, former 
Minister of Intelligence, born circa 1956]
4. Saeed MORTAZAVI [Head of Iranian Anti-Smuggling Task Force, 
former Prosecutor-General of Tehran, born 1967]
5. Heydar MOSLEHI [Minister of Intelligence, born 1956]
6. Mostafa Mohammad NAJJAR [Minister of the Interior and Deputy 
Commander-in-Chief of the Armed Forces for Law Enforcement, born 
1956]
7. Ahmad-Reza RADAN [Deputy Chief of the National Police, born 1963 
or 1964]
8. Hossein TAEB [Deputy Islamic Revolutionary Guard Corps Commander 
for Intelligence, former Commander of the Basij Forces, born 1963]


[[Page 7701]]


    Dated: February 1, 2011.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
    Approved: February 4, 2011.
Stuart A. Levey,
Under Secretary, Office of Terrorism and Financial Intelligence, 
Department of the Treasury.
[FR Doc. 2011-3040 Filed 2-10-11; 8:45 am]
BILLING CODE 4810-AL-P