Foreign Assets Control Regulations; Transaction Control Regulations (Regulations Prohibiting Transactions Involving the Shipment of Certain Merchandise Between Foreign Countries), 35739-35740 [2011-15168]

Agencies

• DEPARTMENT OF THE TREASURY
• Office of Foreign Assets Control
• Foreign Assets Control Office

[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Rules and Regulations]
[Pages 35739-35740]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15168]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Parts 500 and 505


Foreign Assets Control Regulations; Transaction Control 
Regulations (Regulations Prohibiting Transactions Involving the 
Shipment of Certain Merchandise Between Foreign Countries)

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 removing parts 500 and 505 from 31 CFR chapter V 
pursuant to Proclamation 8271 of June 26, 2008, which terminated the 
exercise of the President's authorities under the Trading With the 
Enemy Act with respect to North Korea. Those authorities were 
implemented by 31 CFR parts 500 and 505.

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 issued Proclamation 8271, 
``Termination of the Exercise of Authorities Under the Trading With the 
Enemy Act With Respect to North Korea'' (73 FR 36785, June 27, 2008), 
effective at 12:01 a.m. eastern daylight time on June 27, 2008. In 
Proclamation 8271, the President found that the continuation of the 
exercise of authorities under the Trading With the Enemy Act (50 U.S.C. 
App. 1 et seq.) (``TWEA'') with respect to North Korea, as authorized 
in Proclamation 2914 of December 16, 1950 (15 FR 9029, December 19, 
1950), and most recently continued under Presidential Determination 
2007-32 of September 13, 2007 (72 FR 53407, September 18, 2007), was no 
longer in the national interest of the United States. Accordingly, in 
section 1 of Proclamation 8271, the President terminated the exercise 
of TWEA authorities with respect to North Korea, which were implemented 
by the Foreign Assets Control Regulations, 31 CFR part 500 (the 
``FACR''), and the Transaction Control Regulations, 31 CFR part 505 
(the ``TCR''), and rescinded Presidential Determination 2007-32 with 
respect to North Korea.
    Section 2 of Proclamation 8271 authorized and directed the 
Secretary of the Treasury to take all appropriate measures within the 
Secretary's authority to give effect to the proclamation.
    The only effective provisions in the FACR and TCR immediately prior 
to the issuance of Proclamation 8271 were those that related to North 
Korea. Since the issuance of Proclamation 8271, those regulations, to 
the extent promulgated under TWEA authorities, are no longer in force 
with respect to North Korea. In a separate final rule also being 
published today, OFAC is amending the North Korea Sanctions 
Regulations, 31 CFR part 510, to

[[Page 35740]]

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]

0
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.

    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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