Highly Enriched Uranium (HEU) Agreement Assets Control Regulations, 17384-17385 [2016-06874]

Agencies

• DEPARTMENT OF THE TREASURY
• Office of Foreign Assets Control

[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Rules and Regulations]
[Pages 17384-17385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06874]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 540


Highly Enriched Uranium (HEU) Agreement Assets Control 
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 removing from the Code of Federal Regulations the 
Highly Enriched Uranium (HEU) Agreement Assets Control Regulations as a 
result of the termination of the national emergency on which the 
regulations were based.

DATES: Effective: March 29, 2016.

FOR FURTHER INFORMATION CONTACT: The Department of the Treasury's 
Office of Foreign Assets Control: Assistant Director for Licensing, 
tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 
202/622-4855, Assistant Director for Sanctions Compliance & Evaluation, 
tel.: 202/622-2490, or the Department of the Treasury's Office of the 
Chief Counsel (Foreign Assets Control), Office of the General Counsel, 
tel.: 202/622-2410.

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability

    This document and additional information concerning OFAC are 
available from OFAC's Web site (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 21, 2000, the President signed Executive Order 13159, 
``Blocking Property of the Government of the Russian Federation 
Relating to the Disposition of Highly Enriched Uranium Extracted from 
Nuclear Weapons'' (E.O. 13159), finding that the risk of nuclear 
proliferation created by the accumulation of a large volume of weapons-
usable fissile material in the territory of the Russian Federation 
constituted an unusual and extraordinary threat to the national 
security and foreign policy of the United States, and declaring a 
national emergency to deal with that threat. In E.O. 13159, the 
President ordered blocked the property and interests in property of the 
Russian Federation directly related to the implementation of the 
Agreement Between the Government of the United States of America and 
the Government of the Russian Federation Concerning the Disposition of 
Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 
18, 1993, and related contracts and agreements (collectively, the ``HEU 
Agreements'').
    On July 25, 2001, OFAC issued the Highly Enriched Uranium (HEU) 
Agreement Assets Control Regulations, 31 CFR part 540 (the 
``Regulations''), as a final rule to implement Executive Order 13159.
    On June 21, 2012, the national emergency declared in E.O. 13159 
automatically terminated pursuant to section 202(d) of the National 
Emergencies Act, 50 U.S.C. 1622(d) (NEA).
    On June 25, 2012, President Obama signed Executive Order 13617, 
``Blocking Property of the Government of the Russian Federation 
Relating to the Disposition of Highly Enriched Uranium

[[Page 17385]]

Extracted From Nuclear Weapons'' (E.O. 13617). In E.O. 13617, the 
President found that the risk of nuclear proliferation created by the 
accumulation of a large volume of weapons-usable fissile material in 
the territory of the Russian Federation constituted an unusual and 
extraordinary threat to the national security and foreign policy of the 
United States, and declared a new national emergency to deal with that 
threat. The President issued E.O. 13617 to continue to protect the same 
property and interests in property that had been blocked pursuant to 
the national emergency declared in E.O. 13159.
    On May 26, 2015, the President issued Executive Order 13695, 
``Termination of Emergency With Respect to the Risk of Nuclear 
Proliferation Created by the Accumulation of a Large Volume of Weapons-
Usable Fissile Material in the Territory of the Russian Federation'' 
(E.O. 13695). In E.O. 13695, the President found that the situation 
that gave rise to the declaration of a national emergency in E.O. 13617 
had been significantly altered by the successful implementation of the 
HEU Agreements. As a result, he terminated the national emergency 
declared in E.O. 13617 and revoked that order, noting that, pursuant to 
section 202 of the NEA (50 U.S.C. 1622), termination of the national 
emergency shall not affect any action taken or proceeding pending that 
was not fully concluded or determined as of the date of E.O. 13695, any 
action or proceeding based on any act committed prior to such date, or 
any rights or duties that matured or penalties that were incurred prior 
to such date.
    Accordingly, OFAC is removing the Regulations from the Code of 
Federal Regulations. Removal of this part does not affect ongoing 
enforcement proceedings or prevent the initiation of enforcement 
proceedings with respect to violations of the Regulations or of E.O. 
13617 when they were in effect.

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 Paperwork Reduction Act does not apply because this rule does 
not impose information collection requirements that would require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.

List of Subjects in 31 CFR Part 540

    Administrative practice and procedure, Blocking of assets, 
Government of the Russian Federation, HEU Agreement, Nuclear materials, 
Penalties, Reporting and recordkeeping requirements, Uranium.
    For the reasons set forth in the preamble, and under the authority 
of 3 U.S.C. 301; 50 U.S.C. 1601-1651; E.O. 13159, 66 FR 39279, 3 CFR, 
2001 Comp., p. 277; E.O. 13617, 77 FR 38459, 3 CFR, 2013 Comp., p. 217; 
E.O. 13695, 80 FR 30331, OFAC amends 31 CFR chapter V as follows:

PART 540--[REMOVED]

0
1. Remove part 540.

    Dated: March 22, 2016.
John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2016-06874 Filed 3-28-16; 8:45 am]
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