North Korea Sanctions Regulations, 35740-35742 [2011-15166]
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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.
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■
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]
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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
(https://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.
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List of Subjects in 31 CFR Part 510
Administrative practice and
procedure, Imports, North Korea,
Services.
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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.
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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
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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
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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.
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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 https://
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:
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ADDRESSES:
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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).
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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
https://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
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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:
https://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
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]]>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 (https://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
