North Korea Sanctions Regulations, 35740-35742 [2011-15166]

Download as PDF 35740 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations implement Executive Order 13570 of April 18, 2011, which prohibits the importation into the United States, directly or indirectly, of any goods, services, or technology from North Korea, unless otherwise authorized. As amended, the North Korea Sanctions Regulations will replace certain provisions of the FACR promulgated under sections 73 and 74 of the Arms Export Control Act (22 U.S.C. 2797b and 2797c), which were the only remaining effective provisions of the FACR. Accordingly, OFAC is removing the FACR and the TCR from 31 CFR chapter V. 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. List of Subjects 31 CFR Part 500 Administrative practice and procedure, Banking, Banks, Blocking of assets, Credit, Foreign trade, Imports, North Korea, Penalties, Reporting and recordkeeping requirements, Securities, Services. 31 CFR Part 505 Administrative practice and procedure, Banking, Banks, Blocking of assets, Credit, Foreign trade, North Korea, Penalties, Reporting and recordkeeping requirements, Securities, Services. PARTS 500 AND 505—[REMOVED] For the reasons set forth in the preamble, and under the authority of Proclamation 8271 of June 26, 2008, the Department of the Treasury’s Office of Foreign Assets Control removes parts 500 and 505 from 31 CFR chapter V. mstockstill on DSK4VPTVN1PROD with RULES ■ Dated: June 13, 2011. Adam J. Szubin, Director, Office of Foreign Assets Control, Department of the Treasury. [FR Doc. 2011–15168 Filed 6–17–11; 8:45 am] BILLING CODE 4810–AL–P VerDate Mar<15>2010 16:50 Jun 17, 2011 Jkt 223001 DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 510 North Korea Sanctions Regulations Office of Foreign Assets Control, Treasury. ACTION: Final rule. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (‘‘OFAC’’) is amending the North Korea Sanctions Regulations to implement Executive Order 13570 of April 18, 2011. OFAC intends to supplement these regulations 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: June 20, 2011. FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions Compliance & Evaluation, 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: SUMMARY: Assets Control published the North Korea Sanctions Regulations, 31 CFR part 510 (the ‘‘Regulations’’), to implement E.O. 13466 and E.O. 13551, pursuant to authorities delegated to the Secretary of the Treasury in those orders (75 FR 67912, November 4, 2010). On April 18, 2011, the President, invoking the authority of, inter alia, IEEPA, the NEA, and the UNPA, issued Executive Order 13570 (76 FR 22291, April 20, 2011) (‘‘E.O. 13570’’), effective at 12:01 a.m. eastern daylight time on April 19, 2011. This final rule amends the Regulations to implement E.O. 13570, pursuant to authorities delegated to the Secretary of the Treasury in E.O. 13570. A copy of E.O. 13570 appears in appendix C to this part. These amendments to 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 part 510 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 appendices to the Regulations will be removed when OFAC publishes a more comprehensive set of regulations.) Public Participation Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s Web site (http://www.treasury.gov/ofac). Certain general information pertaining to OFAC’s sanctions programs also is available via facsimile through a 24hour fax-on-demand service, tel.: 202/ 622–0077. 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. Background Paperwork Reduction Act On June 26, 2008, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) (‘‘IEEPA’’) and the National Emergencies Act (50 U.S.C. 1601–1651) (the ‘‘NEA’’), issued Executive Order 13466 (73 FR 36787, June 27, 2008) (‘‘E.O. 13466’’). On August 30, 2010, the President, invoking the authority of, inter alia, IEEPA, the NEA, and section 5 of the United Nations Participation Act (22 U.S.C. 287c) (the ‘‘UNPA’’), issued Executive Order 13551 (75 FR 53837, September 1, 2010) (‘‘E.O. 13551’’), effective at 12:01 p.m. eastern daylight time on August 30, 2010. On November 4, 2010, the Department of the Treasury’s Office of Foreign 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. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 List of Subjects in 31 CFR Part 510 Administrative practice and procedure, Imports, North Korea, Services. E:\FR\FM\20JNR1.SGM 20JNR1 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations For the reasons set forth in the preamble, the Department of the Treasury’s Office of Foreign Assets Control amends part 510 of 31 CFR chapter V as follows: this chapter. Licensing 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. PART 510—NORTH KOREA SANCTIONS REGULATIONS Subpart H—Procedures Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701–1706; 22 U.S.C. 287c; Pub. L. 101–410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 110–96, 121 Stat. 1011 (50 U.S.C. 1705 note); E.O. 13466, 73 FR 36787, June 27, 2008, 3 CFR, 2008 Comp., p. 195; E.O. 13551, 75 FR 53837, September 1, 2010; E.O. 13570, 76 FR 22291, April 20, 2011. Subpart B—Prohibitions 2. Amend § 510.201 by redesignating Note 1 to § 510.201(a) as Note to § 510.201(a), redesignating Note 1 to § 510.201 and Note 2 to § 510.201 as Note 1 to § 510.201(b) and Note 2 to § 510.201(b), respectively, redesignating Note 3 to § 510.201 as Note to § 510.201, and adding new paragraph (c) to read as follows: ■ § 510.201 Prohibited transactions. * * * * * (c) All transactions prohibited pursuant to Executive Order 13570 are also prohibited pursuant to this part. Subpart C—General Definitions 3. Amend § 510.302 by revising paragraphs (b) and (c) and adding new paragraph (d) to read as follows: ■ § 510.302 Effective date. * * * * * (b) With respect to a person listed in the Annex to E.O. 13551, 12:01 p.m. eastern daylight time, August 30, 2010; (c) With respect to a person whose property and interests in property are otherwise blocked pursuant to E.O. 13551, the earlier of the date of actual or constructive notice that such person’s property and interests in property are blocked; or (d) With respect to E.O. 13570, 12:01 a.m. eastern daylight time, April 19, 2011. mstockstill on DSK4VPTVN1PROD with RULES Subpart E—Licenses, Authorizations, and Statements of Licensing Policy 4. Add new § 510.501 to read as follows: ■ § 510.501 General and specific licensing procedures. For provisions relating to licensing procedures, see part 501, subpart E, of VerDate Mar<15>2010 16:50 Jun 17, 2011 Jkt 223001 5. Add new § 510.801 to read as follows: ■ 1. Revise the authority citation for part 510 to read as follows: ■ § 510.801 Procedures For license application procedures and procedures relating to amendments, modifications, or revocations of licenses; administrative decisions; rulemaking; and requests for documents pursuant to the Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a), see part 501, subpart E, of this chapter. ■ 6. Revise § 510.802 to read as follows: § 510.802 Delegation by the Secretary of the Treasury. Any action that the Secretary of the Treasury is authorized to take pursuant to Executive Order 13466 of June 26, 2008 (73 FR 36787, June 27, 2008), Executive Order 13551 of August 30, 2010 (75 FR 53837, September 1, 2010), Executive Order 13570 of April 18, 2011 (76 FR 22291, April 20, 2011), and any further Executive orders relating to the national emergency declared in Executive Order 13466 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. ■ 7. Add new appendix C to part 510 to read as follows: Appendix C to Part 510—Executive Order 13570 Executive Order 13570 of April 18, 2011 Prohibiting Certain Transactions With Respect to North Korea 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.), section 5 of the United Nations Participation Act of 1945 (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, and in view of United Nations Security Council Resolution (UNSCR) 1718 of October 14, 2006, and UNSCR 1874 of June 12, 2009, I, BARACK OBAMA, President of the United States of America, in order to take additional steps to address the national emergency declared in Executive Order 13466 of June 26, 2008, and expanded in Executive Order 13551 of August 30, 2010, that will ensure implementation of the import restrictions contained in UNSCRs 1718 and 1874 and complement the import restrictions provided for in the Arms Export PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 35741 Control Act (22 U.S.C. 2751 et seq.), hereby order: Section 1. Except to the extent provided in statutes or in licenses, regulations, orders, or directives that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order, the importation into the United States, directly or indirectly, of any goods, services, or technology from North Korea is prohibited. 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. The provisions of Executive Orders 13466 and 13551 remain in effect, and this order does not affect any action taken pursuant to those orders. Sec. 4. 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 ‘‘North Korea’’ includes the territory of the Democratic People’s Republic of Korea and the Government of North Korea; and (e) The term ‘‘Government of North Korea’’ means the Government of the Democratic People’s Republic of Korea, its agencies, instrumentalities, and controlled entities. 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 the UNPA as may be necessary to carry out the purposes of this order. 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. 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. 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. 7. This order is effective at 12:01 a.m. eastern daylight time on April 19, 2011. Barack Obama, THE WHITE HOUSE, April 18, 2011. E:\FR\FM\20JNR1.SGM 20JNR1 35742 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations Dated: June 13, 2011. Adam J. Szubin, Director, Office of Foreign Assets Control. Regulatory Information [FR Doc. 2011–15166 Filed 6–17–11; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 110 and 165 [Docket No. USCG–2010–1119] RIN 1625–AA01; 1625–AA11 Superfund Site, New Bedford Harbor, New Bedford, MA: Anchorage Ground and Regulated Navigation Area Coast Guard, DHS. Final rule. AGENCY: ACTION: Basis and Purpose The Coast Guard is amending an existing anchorage ground which currently overlaps a pilot underwater cap (‘‘pilot cap’’) in the U.S. Environmental Protection Agency’s (EPA) New Bedford Harbor Superfund Site in New Bedford, MA. The Coast Guard is also establishing a regulated navigation area (RNA) prohibiting activities that disturb the seabed around the site. The RNA would not affect transit or navigation of the area. DATES: This rule is effective July 20, 2011. SUMMARY: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2010–1119 and are available online by going to http:// www.regulations.gov, inserting USCG– 2010–1119 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or e-mail Lieutenant Junior Grade Isaac Slavitt, Waterways Management Branch, First Coast Guard District; telephone 617–223–8385, e-mail Isaac.M.Slavitt@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with RULES ADDRESSES: VerDate Mar<15>2010 16:50 Jun 17, 2011 On April 12, 2011, we published a notice of proposed rulemaking (NPRM) entitled ‘‘Superfund Site, New Bedford Harbor, New Bedford, MA: Anchorage Ground and Regulated Navigation Area’’ in the Federal Register (76 FR 20287). We received no comments on the proposed rule. A public meeting was not requested and none was held. The Commonwealth of Massachusetts completed a review of this regulatory action and concurred that the activity’s effects on resources and uses in Massachusetts coastal zone are consistent with the Coast Zone Management enforceable program policies. The Commonwealth had no objection to the Coast Guard implementing the action in less than 90 days from the date of initial notification as provided in 15 CFR 930.36(b)(2). Jkt 223001 The legal basis for the proposed rule is 33 U.S.C. 471, 1221–1236, 2030, 2035, and 2071; 46 U.S.C. chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04– 1, 6.04–6, and 160.5; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to define regulatory anchorage grounds and RNAs. The purpose of the rule is to minimize the potential for human exposure to contamination and to help protect the integrity of the EPA’s remedy at a portion of the New Bedford Harbor Superfund Site by reducing an existing anchorage ground so that it no longer overlaps the pilot cap, and by placing the pilot cap in a RNA that would protect the site from damage by mariners, and protect mariners and the general public from contaminants in the site. Background The New Bedford Superfund cleanup site is an urban tidal estuary with sediments contaminated by polychlorinated biphenyls (PCBs) and heavy metals. An extensive history and background of the cleanup project can be found on the EPA’s Web site, at http://www.epa.gov/nbh/. The specific cleanup project and surrounding area addressed by this regulation is the Pilot Underwater Cap (‘‘pilot cap’’), which is located south of the New Bedford Harbor hurricane barrier in the outer harbor. The pilot cap consists of sand and gravel covering approximately 20 acres of contaminated sediments. Based on data collected in 2010, the thickness of the cap is predominantly one to two feet (98% of the cap area has a thickness greater than PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 one foot; 68% greater than two feet; and in a few isolated areas, the thickness is up to 6.4 feet). A copy of the latest data for the pilot cap area can be found on EPA’s Web site for New Bedford Harbor: http://www.epa.gov/nbh. While the pilot cap is protective of human health and the environment, it remains vulnerable to human actions that tend to disturb the seabed. Several maritime practices that involve physical contact with the seabed (e.g., anchoring, dragging, trawling, and spudding) pose a specific threat to the pilot cap. It is also conceivable that PCBs or heavy metals could stick to gear penetrating the seabed; any contaminants that come up with gear could create a threat to human health and the environment. The RNA would prohibit these specific activities without in any way inhibiting surface navigation. Discussion of Comments and Changes The Coast Guard received no comments on the proposed rulemaking. No changes were made in the Final Rule. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Executive Order 12866 and Executive Order 13563 This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule would affect the following E:\FR\FM\20JNR1.SGM 20JNR1

Agencies

[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Rules and Regulations]
[Pages 35740-35742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15166]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 510


North Korea Sanctions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (``OFAC'') is amending the North Korea Sanctions Regulations to 
implement Executive Order 13570 of April 18, 2011. OFAC intends to 
supplement these regulations 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: June 20, 2011.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions 
Compliance & Evaluation, 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.treasury.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 June 26, 2008, the President, invoking the authority of, inter 
alia, the International Emergency Economic Powers Act (50 U.S.C. 1701-
1706) (``IEEPA'') and the National Emergencies Act (50 U.S.C. 1601-
1651) (the ``NEA''), issued Executive Order 13466 (73 FR 36787, June 
27, 2008) (``E.O. 13466''). On August 30, 2010, the President, invoking 
the authority of, inter alia, IEEPA, the NEA, and section 5 of the 
United Nations Participation Act (22 U.S.C. 287c) (the ``UNPA''), 
issued Executive Order 13551 (75 FR 53837, September 1, 2010) (``E.O. 
13551''), effective at 12:01 p.m. eastern daylight time on August 30, 
2010.
    On November 4, 2010, the Department of the Treasury's Office of 
Foreign Assets Control published the North Korea Sanctions Regulations, 
31 CFR part 510 (the ``Regulations''), to implement E.O. 13466 and E.O. 
13551, pursuant to authorities delegated to the Secretary of the 
Treasury in those orders (75 FR 67912, November 4, 2010).
    On April 18, 2011, the President, invoking the authority of, inter 
alia, IEEPA, the NEA, and the UNPA, issued Executive Order 13570 (76 FR 
22291, April 20, 2011) (``E.O. 13570''), effective at 12:01 a.m. 
eastern daylight time on April 19, 2011.
    This final rule amends the Regulations to implement E.O. 13570, 
pursuant to authorities delegated to the Secretary of the Treasury in 
E.O. 13570. A copy of E.O. 13570 appears in appendix C to this part.
    These amendments to 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 part 510 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 appendices to the Regulations 
will be removed when OFAC publishes 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 510

    Administrative practice and procedure, Imports, North Korea, 
Services.


[[Page 35741]]


    For the reasons set forth in the preamble, the Department of the 
Treasury's Office of Foreign Assets Control amends part 510 of 31 CFR 
chapter V as follows:

PART 510--NORTH KOREA SANCTIONS REGULATIONS

0
1. Revise the authority citation for part 510 to read as follows:

    Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651, 
1701-1706; 22 U.S.C. 287c; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 
2461 note); Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note); 
E.O. 13466, 73 FR 36787, June 27, 2008, 3 CFR, 2008 Comp., p. 195; 
E.O. 13551, 75 FR 53837, September 1, 2010; E.O. 13570, 76 FR 22291, 
April 20, 2011.

Subpart B--Prohibitions

0
2. Amend Sec.  510.201 by redesignating Note 1 to Sec.  510.201(a) as 
Note to Sec.  510.201(a), redesignating Note 1 to Sec.  510.201 and 
Note 2 to Sec.  510.201 as Note 1 to Sec.  510.201(b) and Note 2 to 
Sec.  510.201(b), respectively, redesignating Note 3 to Sec.  510.201 
as Note to Sec.  510.201, and adding new paragraph (c) to read as 
follows:


Sec.  510.201  Prohibited transactions.

* * * * *
    (c) All transactions prohibited pursuant to Executive Order 13570 
are also prohibited pursuant to this part.

Subpart C--General Definitions

0
3. Amend Sec.  510.302 by revising paragraphs (b) and (c) and adding 
new paragraph (d) to read as follows:


Sec.  510.302  Effective date.

* * * * *
    (b) With respect to a person listed in the Annex to E.O. 13551, 
12:01 p.m. eastern daylight time, August 30, 2010;
    (c) With respect to a person whose property and interests in 
property are otherwise blocked pursuant to E.O. 13551, the earlier of 
the date of actual or constructive notice that such person's property 
and interests in property are blocked; or
    (d) With respect to E.O. 13570, 12:01 a.m. eastern daylight time, 
April 19, 2011.

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

0
4. Add new Sec.  510.501 to read as follows:


Sec.  510.501  General and specific licensing procedures.

    For provisions relating to licensing procedures, see part 501, 
subpart E, of this chapter. Licensing 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.

Subpart H--Procedures

0
5. Add new Sec.  510.801 to read as follows:


Sec.  510.801  Procedures

    For license application procedures and procedures relating to 
amendments, modifications, or revocations of licenses; administrative 
decisions; rulemaking; and requests for documents pursuant to the 
Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a), see 
part 501, subpart E, of this chapter.

0
6. Revise Sec.  510.802 to read as follows:


Sec.  510.802  Delegation by the Secretary of the Treasury.

    Any action that the Secretary of the Treasury is authorized to take 
pursuant to Executive Order 13466 of June 26, 2008 (73 FR 36787, June 
27, 2008), Executive Order 13551 of August 30, 2010 (75 FR 53837, 
September 1, 2010), Executive Order 13570 of April 18, 2011 (76 FR 
22291, April 20, 2011), and any further Executive orders relating to 
the national emergency declared in Executive Order 13466 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.

0
7. Add new appendix C to part 510 to read as follows:

Appendix C to Part 510--Executive Order 13570

Executive Order 13570 of April 18, 2011

Prohibiting Certain Transactions With Respect to North Korea

    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.), 
section 5 of the United Nations Participation Act of 1945 (22 U.S.C. 
287c) (UNPA), and section 301 of title 3, United States Code, and in 
view of United Nations Security Council Resolution (UNSCR) 1718 of 
October 14, 2006, and UNSCR 1874 of June 12, 2009,
    I, BARACK OBAMA, President of the United States of America, in 
order to take additional steps to address the national emergency 
declared in Executive Order 13466 of June 26, 2008, and expanded in 
Executive Order 13551 of August 30, 2010, that will ensure 
implementation of the import restrictions contained in UNSCRs 1718 
and 1874 and complement the import restrictions provided for in the 
Arms Export Control Act (22 U.S.C. 2751 et seq.), hereby order:
    Section 1. Except to the extent provided in statutes or in 
licenses, regulations, orders, or directives that may be issued 
pursuant to this order, and notwithstanding any contract entered 
into or any license or permit granted prior to the date of this 
order, the importation into the United States, directly or 
indirectly, of any goods, services, or technology from North Korea 
is prohibited.
    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. The provisions of Executive Orders 13466 and 13551 
remain in effect, and this order does not affect any action taken 
pursuant to those orders.
    Sec. 4. 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 ``North Korea'' includes the territory of the 
Democratic People's Republic of Korea and the Government of North 
Korea; and
    (e) The term ``Government of North Korea'' means the Government 
of the Democratic People's Republic of Korea, its agencies, 
instrumentalities, and controlled entities.
    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 the UNPA as may be 
necessary to carry out the purposes of this order. 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. 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. 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. 7. This order is effective at 12:01 a.m. eastern daylight 
time on April 19, 2011.

Barack Obama,

THE WHITE HOUSE,

April 18, 2011.


[[Page 35742]]


    Dated: June 13, 2011.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2011-15166 Filed 6-17-11; 8:45 am]
BILLING CODE 4810-AL-P