Delegation by the Secretary of State to the Assistant Secretary for East Asian and Pacific Affairs of the Authority To Waive the Visa Ban Under the JADE Act, 67725-67726 [2012-27547]

Download as PDF Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Notices Notice of Rescission of Social Security Acquiescence Ruling 05–1(9)— Gillett-Netting v. Barnhart, 371 F.3d 593 (9th Cir. 2004). ACTION: In accordance with 20 CFR 402.35(b)(2), 404.985(e)(1) and 416.1485(e)(1), the Commissioner of Social Security gives notice of the rescission of Social Security Acquiescence Ruling (AR) 05–1(9). DATES: Effective Date: November 13, 2012. FOR FURTHER INFORMATION CONTACT: Karen Aviles, Office of the General Counsel, Office of Program Law, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965–3457, or TTY 410–966–5609, for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772–1213 or TTY 1– 800–325–0778, or visit our Internet site, Social Security Online, at http:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: An AR explains how we will apply a holding in a decision of a United States Court of Appeals that we determine conflicts with our interpretation of a provision of the Social Security Act (the Act) or regulations when the Government has decided not to seek further review of the case or is unsuccessful on further review. As provided by 20 CFR 404.985(e)(1) and 416.1485(e)(1), we may rescind an AR as obsolete and apply our interpretation of the Act or regulations if the Supreme Court overrules or limits a circuit court holding that was the basis of an AR. On September 22, 2005, we issued AR 05–1(9) to reflect the holding of the United States Court of Appeals for the Ninth Circuit in Gillett-Netting v. Barnhart, 371 F.3d 593 (9th Cir. 2004), reh’g denied (9th Cir. Dec. 14, 2004) (70 FR 55656). The Ninth Circuit held that an undisputed biological child of an insured individual who was conceived by artificial means after the insured’s death is the insured’s ‘‘child’’ for purposes of sections 202(d)(1) and 212(e)(1) of the Act. The Ninth Circuit rejected our longstanding interpretation of section 216(h) of the Act, as set forth in the regulations, that state intestacy law determines the child-parent relationship. On January 4, 2011, in Capato v. Commissioner of Social Security, 631 F.3d 626 (3d Cir. 2011), the United States Court of Appeals for the Third Circuit followed the decision in GillettNetting and held that under sections 202(d)(1) and 216(e)(1) of the Act, a posthumously-conceived applicant can srobinson on DSK4SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 17:08 Nov 09, 2012 Jkt 229001 satisfy the Act child-parent relationship requirement by demonstrating that he or she is the undisputed biological child of the deceased insured individual. Similar to the Ninth Circuit, the Third Circuit found that section 216(h) requirement to apply state intestacy law is triggered only in cases where parentage is disputed. The Government sought review of the Third Circuit’s decision in the Supreme Court of the United States, and on May 21, 2012, the Supreme Court reversed the Third Circuit’s decision. The Supreme Court upheld our interpretation of section 216(h) of the Act, under which we apply state intestacy law when we determine a child-parent relationship under sections 202(d)(1) and 216(e)(1) of the Act. Astrue v. Capato, llU.S. ll, 132 S. Ct. 2021 (2012). The Supreme Court stated that, ‘‘The SSA’s interpretation of the relevant provisions, adhered to without deviation for many decades, is at least reasonable; the agency’s reading is therefore entitled to this Court’s deference under Chevron. * * * Chevron deference is appropriate ‘when it appears that Congress delegated authority to the agency generally to make rules carrying the force of law, and that the agency interpretation claiming deference was promulgated in the exercise of that authority.’ * * * Here, as already noted, the SSA’s longstanding interpretation is set forth in regulations published after noticeand-comment rulemaking.’’ 132 S. Ct. at 2033–2034 (citations omitted). Because, in Capato, the Supreme Court rejected the holding in GillettNetting by upholding our policy of applying state intestacy law in all childparent determinations, we are rescinding AR 05–1(9), in accordance with 20 C.F.R. 404.985(e)(1), 416.1485(e)(1). (Catalog of Federal Domestic Assistance, Program Nos. 96.001 Social Security— Disability Insurance; 96.002 Social Security—Retirement Insurance; 96.004 Social Security—Survivors Insurance) [Public Notice 8085] Culturally Significant Object Imported for Exhibition Determinations: ‘‘Michelangelo’s David Apollo’’ Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the object to be included in the exhibition ‘‘Michelangelo’s David Apollo,’’ imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at the National Gallery of Art, Washington, DC, from on or about December 13, 2012, until on or about March 3, 2013, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these Determinations be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: For further information, including a description of the exhibit object, contact Paul W. Manning, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202– 632–6469). The mailing address is U.S. Department of State, SA–5, L/PD, Fifth Floor (Suite 5H03), Washington, DC 20522–0505. SUMMARY: Dated: November 6, 2012. J. Adam Ereli, Principal Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2012–27545 Filed 11–9–12; 8:45 am] BILLING CODE 4710–05–P [Delegation of Authority No. 346] [FR Doc. 2012–27447 Filed 11–9–12; 8:45 am] PO 00000 DEPARTMENT OF STATE DEPARTMENT OF STATE Dated: November 5, 2012. Michael J. Astrue, Commissioner of Social Security. BILLING CODE 4191–02–P 67725 Delegation by the Secretary of State to the Assistant Secretary for East Asian and Pacific Affairs of the Authority To Waive the Visa Ban Under the JADE Act By virtue of the authority vested in the Secretary by the laws of the United Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\13NON1.SGM 13NON1 67726 Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Notices States, including the State Department Basic Authorities Act, as amended (22 U.S.C. 2651a), Section 5(a) of the Tom Lantos Block Burmese Junta’s AntiDemocratic Efforts (JADE) Act of 2008 (Pub. L. 110–286), Presidential Memorandum of August 29, 2012, I hereby delegate to the Assistant Secretary for East Asian and Pacific Affairs, to the extent authorized by law, the authority under Section 5(a)(2) to waive the visa bans imposed pursuant to Section 5(a)(1) of Public Law 110– 286. Any act, executive order, regulation, or procedure subject to, or affected by, this delegation shall be deemed to be such act, executive order, regulation, or procedure as amended from time to time. Notwithstanding this delegation of authority, the Secretary, the Deputy Secretary, or the Deputy Secretary for Management and Resources may at any time exercise any authority or function delegated by this delegation of authority. This document shall be published in the Federal Register. Dated: September 29, 2012. Hillary Rodham Clinton, Secretary of State. I. Guidance on Iran Sanctions [FR Doc. 2012–27547 Filed 11–9–12; 8:45 am] BILLING CODE 4710–30–P DEPARTMENT OF STATE [Public Notice 8086] Department of State: State Department Sanctions Information and Guidance Department of State. Policy guidance. AGENCY: ACTION: The Department of State is publishing information and guidance for the public addressing the State Department’s sanctions authorities, including under the Iran Sanctions Act, as amended, certain Executive Orders related to Iran sanctions, section 106 of the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010 (CISADA) and certain related provisions of law, and certain statutes and Executive Orders related to terrorism and weapons of mass destruction. SUMMARY: The Department of State will accept comments on the Guidance on Iran Sanctions and the Guidance on Sensitive Technology until January 12, 2013. ADDRESSES: Interested parties may submit comments within 60 days of the date of the publication by any email at srobinson on DSK4SPTVN1PROD with DATES: VerDate Mar<15>2010 17:08 Nov 09, 2012 sanctions@state.gov with the subject line, ‘‘Sanctions Guidance’’. SUPPLEMENTARY INFORMATION: The Secretary of State has legal authority to make determinations regarding sanctions on individuals and entities that meet certain criteria in three areas that are important to the national security, foreign policy, and economy of the United States: certain activities related to Iran; certain activities related to weapons proliferation; and certain activities related to global terrorism. This notice includes policy guidance outlining the State Department’s authorities under the Iran Sanctions Act, as amended, and related Executive Orders (EOs); provides guidelines to further describe the technologies that may be considered ‘‘sensitive technology’’ for purposes of section 106 of CISADA, as required under section 412 of the Iran Threat Reduction and Syria Human Rights Act of 2012, and other related provisions of law; and provides information on the State Department’s authorities under certain other EOs and statutory provisions related to terrorism and weapons of mass destruction. Jkt 229001 Iran Sanctions Act. Section 5(a) of the Iran Sanctions Act of 1996 (ISA) (Pub. L. 104–172) (50 U.S.C. 1701 note), as amended, including by the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA) (Pub. L. 111–195) (22 U.S.C. 8501 et seq.), and most recently by the Iran Threat Reduction and Syria Human Rights Act of 2012 (TRA) (Pub. L. 112–158), requires that the President impose or waive sanctions on persons, and certain affiliated persons, that are determined to have knowingly engaged in specified activities. The President has delegated the responsibility to make these determinations to the Secretary of State. As such, the Secretary of State is required to impose or waive sanctions on persons, including certain affiliated persons, that the Secretary of State determines have: (1) Made certain investments in Iran’s energy sector; (2) provided to Iran certain goods, services, or technology for Iran’s refined petroleum sector; (3) provided certain refined petroleum products to Iran or provided goods, services, technology, information, or support for refined petroleum imports into Iran; (4) entered into certain types of joint ventures involving the development of petroleum resources outside of Iran; (5) contributed to the maintenance or enhancement of Iran’s development of petroleum resources and refined petroleum PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 products; (6) contributed to the maintenance or expansion of Iran’s production of petrochemical products; (7) been connected in certain ways with a vessel used to transport crude oil from Iran (with certain exceptions made for transactions related to the transportation of crude oil from Iran to countries that the Secretary of State has determined qualified for an exception to sanctions under section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012, Public Law 112–81, as amended); or (8) been connected in certain ways with a vessel that conceals the Iranian origin of the crude oil or refined petroleum products. There is an exception, outlined in section 5(a)(9) of ISA, as amended, to sanctions applicable to categories (7) and (8) above for persons that provide underwriting services or insurance or reinsurance if the Secretary of State determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not provide underwriting services or insurance or reinsurance for the transportation of crude oil or refined petroleum products from Iran in a manner for which sanctions may be imposed under either of those sections. In addition to this exception, all persons involved in activities in high-risk sectors should consider implementing enhanced due diligence in order to minimize the risks of inadvertently becoming engaged in a sanctionable transaction. This could include, but is not limited to, confirming that transactions in these sectors do not involve an entity owned or controlled by Iran or that Iran is not otherwise connected to any entities in the commercial transactions, including by reviewing the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons (SDN) List; searching commercial databases and verifying ownership structures of unknown companies; and, in the case of transportation or insurance of crude oil and petroleum products, verifying that Iran is not the origin of the cargo. Persons with questions on sections 5(a)(7)–(9) of ISA, as amended, should contact the State Department’s Office of Sanctions Policy and Implementation in the Bureau of Economic and Business Affairs at eb-iransanctions@state.gov or at: (202) 647–7489. Section 5(b) of ISA, as amended, requires the Secretary of State to impose or waive sanctions on persons, and certain affiliated persons, that are determined to have: (1) Exported or transferred goods, services, technology, or other items that would contribute E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Pages 67725-67726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27547]


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DEPARTMENT OF STATE

[Delegation of Authority No. 346]


Delegation by the Secretary of State to the Assistant Secretary 
for East Asian and Pacific Affairs of the Authority To Waive the Visa 
Ban Under the JADE Act

    By virtue of the authority vested in the Secretary by the laws of 
the United

[[Page 67726]]

States, including the State Department Basic Authorities Act, as 
amended (22 U.S.C. 2651a), Section 5(a) of the Tom Lantos Block Burmese 
Junta's Anti-Democratic Efforts (JADE) Act of 2008 (Pub. L. 110-286), 
Presidential Memorandum of August 29, 2012, I hereby delegate to the 
Assistant Secretary for East Asian and Pacific Affairs, to the extent 
authorized by law, the authority under Section 5(a)(2) to waive the 
visa bans imposed pursuant to Section 5(a)(1) of Public Law 110-286.
    Any act, executive order, regulation, or procedure subject to, or 
affected by, this delegation shall be deemed to be such act, executive 
order, regulation, or procedure as amended from time to time.
    Notwithstanding this delegation of authority, the Secretary, the 
Deputy Secretary, or the Deputy Secretary for Management and Resources 
may at any time exercise any authority or function delegated by this 
delegation of authority.
    This document shall be published in the Federal Register.

    Dated: September 29, 2012.
Hillary Rodham Clinton,
Secretary of State.
[FR Doc. 2012-27547 Filed 11-9-12; 8:45 am]
BILLING CODE 4710-30-P