Removal of the Sudanese Sanctions Regulations and Amendment of the Terrorism List Government Sanctions Regulations, 30539-30541 [2018-14084]

Download as PDF Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 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 General Counsel: Office of the Chief Counsel (Foreign Assets Control); tel.: 202–622–2410. DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1910 Occupational Safety and Health Standards CFR Correction In Title 29 of the Code of Federal Regulations, Parts 1910 to § 1910.999, revised as of July 1, 2017, on page 247, in § 1910.106, paragraph (d)(2)(iii) introductory text is revised to read as follows: § 1910.106 Flammable liquids. * * * * * (d) * * * (1) * * * (2) * * * (iii) Size. Flammable liquid containers shall be in accordance with Table H–12, except that glass or plastic containers of no more than 1-gallon capacity may be used for a Category 1 or 2 flammable liquid if: * * * * * [FR Doc. 2018–14144 Filed 6–28–18; 8:45 am] BILLING CODE 1301–00–D DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Parts 538 and 596 Removal of the Sudanese Sanctions Regulations and Amendment of the Terrorism List Government 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 removing from the Code of Federal Regulations the Sudanese Sanctions Regulations as a result of the revocation of certain provisions of one Executive Order and the entirety of another Executive Order on which the regulations were based. OFAC is also amending the Terrorism List Government Sanctions Regulations to incorporate a general license authorizing certain transactions related to exports of agricultural commodities, medicines, and medical devices, which has, until now, appeared only on OFAC’s website. DATES: Effective: June 29, 2018. FOR FURTHER INFORMATION CONTACT: The Department of the Treasury’s Office of sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:30 Jun 28, 2018 Jkt 244001 SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability This document and additional information concerning OFAC are available from OFAC’s website (www.treasury.gov/ofac). Background Removal of the Sudanese Sanctions Regulations On November 3, 1997, the President issued Executive Order 13067, ‘‘Blocking Sudanese Government Property and Prohibiting Transactions With Sudan’’ (E.O. 13067), declaring a national emergency to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the policies and actions of the Government of Sudan. E.O. 13067 blocked all property and interests in property of the Government of Sudan that were in the United States, that thereafter came within the United States, or that thereafter came within the possession or control of United States persons. E.O. 13067 also prohibited: (a) The importation into the United States of any goods or services of Sudanese origin; (b) the exportation or reexportation, directly or indirectly, to Sudan of goods, technology, or services from the United States or by a United States person, wherever located, or requiring the issuance of a license by a Federal agency; (c) the facilitation by a United States person of the exportation or reexportation of goods, technology, or services to or from Sudan; (d) the performance by any United States person of any contract, including a financing contract, in support of an industrial, commercial, public utility, or governmental project in Sudan; (e) the grant or extension of credits or loans by any United States person to the Government of Sudan; (f) any transaction by a United States person relating to transportation of cargo to or from Sudan; and (g) any transaction by any United States person, or within the United States that evaded or avoided, or had the purpose of evading or avoiding, or attempted to violate any of the prohibitions set forth in E.O. 13067. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 30539 On July 1, 1998, OFAC issued the Sudanese Sanctions Regulations, 31 CFR part 538 (SSR), as a final rule to implement E.O. 13067. The SSR were amended on various occasions to, among other things, implement further Executive orders and add additional authorizations. On April 26, 2006, in Executive Order 13400 (E.O. 13400), the President determined that the conflict in Sudan’s Darfur region posed an unusual and extraordinary threat to the national security and foreign policy of the United States, expanded the scope of the national emergency declared in E.O. 13067 to deal with that threat, and ordered the blocking of property of certain persons connected to the conflict. On May 28, 2009, OFAC issued the Darfur Sanctions Regulations, 31 CFR part 546 (DSR), as a final rule to implement E.O. 13400. On October 13, 2006, the President issued Executive Order 13412 (E.O. 13412) to take additional steps with respect to the national emergency and to implement the Darfur Peace and Accountability Act of 2006, Public Law 109–344, 120 Stat. 1869. On January 13, 2017, President Obama issued Executive Order 13761, ‘‘Recognizing Positive Actions by the Government of Sudan and Providing for the Revocation of Certain Sudan-Related Sanctions’’ (E.O. 13761). In E.O. 13761, President Obama found that the situation that gave rise to the actions taken in E.O.s 13067 and 13412 related to the policies and actions of the Government of Sudan had been altered by Sudan’s positive actions over the prior six months. These actions included a marked reduction in offensive military activity, culminating in a pledge to maintain a cessation of hostilities in conflict areas in Sudan, and steps toward the improvement of humanitarian access throughout Sudan, as well as cooperation with the United States on addressing regional conflicts and the threat of terrorism. Given these developments, and in order to see these efforts sustained and enhanced by the Government of Sudan, President Obama ordered that, effective July 12, 2017, sections 1 and 2 of E.O. 13067 be revoked, and E.O. 13412 be revoked in its entirety, provided that a review before that date determined certain criteria were met. On July 11, 2017, President Trump issued Executive Order 13804, ‘‘Allowing Additional Time for Recognizing Positive Actions by the Government of Sudan and Amending Executive Order 13761’’ (E.O. 13804). In E.O. 13804, President Trump amended E.O. 13761, extending until October 12, E:\FR\FM\29JNR1.SGM 29JNR1 30540 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES 2017, the review period established by E.O. 13761. This review period provided for the revocation of certain sanctions if the Government of Sudan sustained the positive actions that gave rise to E.O. 13761, including carrying out a pledge to maintain a cessation of hostilities in conflict areas in Sudan; continuing improvement of humanitarian access throughout Sudan; and maintaining its cooperation with the United States on addressing regional conflicts and the threat of terrorism. On October 11, 2017, the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the U.S. Agency for International Development, published notice in the Federal Register stating that the Government of Sudan had sustained the positive actions that gave rise to E.O. 13761. That notice also stated that the Secretary of State had provided to the President the report described in section 10 of E.O. 13761, fulfilling the requirement set forth in E.O. 13761, as amended by E.O. 13804, that make effective the revocation of certain economic sanctions related to Sudan. As such, effective October 12, 2017, pursuant to E.O. 13761, as amended by E.O. 13804, sections 1 and 2 of E.O. 13067 were revoked and E.O. 13412 was revoked in its entirety. As a result of the revocation of these sanctions provisions, U.S. persons are no longer prohibited from engaging in transactions that were previously prohibited solely under the SSR. Consistent with the revocation of these sanctions provisions, OFAC is removing the SSR from the Code of Federal Regulations. The emergency declared by the President with respect to Sudan in E.O. 13067, and expanded in E.O. 13400, has not been terminated. These authorities remain the basis for the DSR, which remain in effect with respect to Darfur and continues to block the property and interests in property of certain persons connected with the conflict in Darfur. Pursuant to section 1 of E.O. 13761, as amended by E.O. 13804, the revocation of sections 1 and 2 of E.O. 13067 and the entirety of E.O. 13412 shall not affect any violation of any rules, regulations, orders, licenses, or other forms of administrative action under those orders during the period that those provisions were in effect. Authorization for Certain Exports of Agricultural Commodities, Medicine, and Medical Devices Pursuant to Section 906 of the Trade Sanctions Reform and Export Enhancement Act of 2000, 22 U.S.C. 7205 (TSRA), an OFAC license is still VerDate Sep<11>2014 16:30 Jun 28, 2018 Jkt 244001 required for certain exports and reexports to Sudan of agricultural commodities, medicine, and medical devices as a result of Sudan’s inclusion on the State Sponsors of Terrorism List. Effective October 12, 2017, OFAC issued and made available on its website General License A. This general license authorized exports and reexports of these items to Sudan. Today, OFAC is incorporating General License A into the Terrorism List Government Sanctions Regulations, 31 CFR part 596, as new § 596.506. No OFAC license is required for financing of these exports and reexports. U.S. persons and non-U.S. persons will still need to obtain any licenses required by the Department of Commerce’s Bureau of Industry and Security (BIS) to export or reexport to Sudan certain items (commodities, software, and technology) that are on the Commerce Control List (CCL), Supp. No. 1 to part 774 of the Export Administration Regulations, 15 CFR parts 730 through 774 (EAR). In limited circumstances, U.S. persons and nonU.S. persons may also need to obtain licenses from BIS to export or reexport to Sudan items that are subject to the EAR but not specifically listed on the CCL (‘‘EAR99’’ items) if such transactions implicate certain end-use or end-user concerns (see 15 CFR part 744). 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, as well as the provisions of Executive Order 13771, 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 31 CFR Part 538 Administrative practice and procedure, Banks, Banking, Blocking of assets, Sudan, Credit, Foreign Trade, Penalties, Reporting and recordkeeping requirements, Securities, Services. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 31 CFR Part 596 Administrative practice and procedure, Banks, Banking, Blocking of assets, Foreign Trade, Penalties, Reporting and recordkeeping requirements, Terrorism. 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. 13067, 62 FR 59989, 3 CFR, 1997 Comp., p. 230; E.O. 13412, 71 FR 61369, 3 CFR, 2006 Comp., p. 244; E.O. 13761, 82 FR 5331, as amended by E.O. 13804, 82 FR 23611, OFAC amends 31 CFR parts 538 and 596 as follows: PART 538—[REMOVED] ■ 1. Remove part 538. PART 596—TERRORISM LIST GOVERNMENTS SANCTIONS REGULATIONS 2. The authority citation for part 596 is revised to read as follows: ■ Authority: 18 U.S.C. 2332d; 22 U.S.C. 7201–7211; 31 U.S.C. 321(b). Subpart E—Licenses, Authorizations and Statements of Licensing Policy ■ 3. Add § 596.506 to read as follows: § 596.506 Authorizing Certain Transactions Pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000. (a) Effective October 12, 2017, pursuant to section 906(a)(l) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7205) (TSRA), all exports and reexports of agricultural commodities, medicine, or medical devices to the Government of Sudan or to any entity in Sudan or to any person in a third country purchasing specifically for resale to any of the foregoing are authorized, provided that the exports and reexports are shipped within the 12-month period beginning on the date of the signing of the contract for export or reexport. (b) Consistent with section 906(a)(l) of TSRA, each year the Office of Foreign Assets Control will determine whether to revoke this general license. Unless revoked, the general license will remain in effect. Note 1 to § 596.506: This authorization does not eliminate the need to comply with other provisions of 31 CFR chapter V, including 31 CFR part 596, or other applicable provisions of law, including any requirements of agencies other than the Department of the Treasury’s Office of Foreign Assets Control. Such requirements include the Export Administration Regulations (15 CFR parts 730 through 774) administered by the Bureau of Industry and E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations Security of the Department of Commerce and the International Traffic in Arms Regulations (22 CFR parts 120 through 130) administered by the Department of State. Andrea Gacki, Acting Director, Office of Foreign Assets Control. [FR Doc. 2018–14084 Filed 6–28–18; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 583 Global Magnitsky 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 adding regulations to implement the Global Magnitsky Human Rights Accountability Act and Executive Order 13818 of December 20, 2017 (‘‘Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption’’). OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and statements of licensing policy. DATES: Effective Date: June 29, 2018. FOR FURTHER INFORMATION CONTACT: OFAC: 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: SUMMARY: sradovich on DSK3GMQ082PROD with RULES Electronic Availability This document and additional information concerning OFAC are available from OFAC’s website (www.treasury.gov/ofac). Background On December 23, 2016, the President signed the Global Magnitsky Human Rights Accountability Act (Pub. L. 114– 328, Title XII, Subtitle F) (the ‘‘Act’’) into law. The Act authorized the President to impose targeted sanctions on any foreign person the President determines is, among other things, responsible for extrajudicial killings, torture, or other gross violations of VerDate Sep<11>2014 16:30 Jun 28, 2018 Jkt 244001 internationally recognized human rights, or a government official, or a senior associate of such an official, responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption. On December 20, 2017, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701–1706) (IEEPA), issued Executive Order 13818 (82 FR 60839, December 26, 2017) (E.O. 13818), effective at 12:01 a.m. eastern standard time on December 21, 2017. In E.O. 13818, the President determined that serious human rights abuse and corruption around the world constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States and declared a national emergency to deal with that threat. OFAC is issuing the Global Magnitsky Sanctions Regulations, 31 CFR part 583 (the ‘‘Regulations’’), to implement the Act and E.O. 13818, pursuant to authorities delegated to the Secretary of the Treasury in E.O. 13818. A copy of E.O. 13818 appears in appendix A to this part. 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 this part 583 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and statements of licensing policy. The appendix to the Regulations will be removed when OFAC supplements this part with 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, as well as the provisions of Executive Order 13771, 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– PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 30541 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 583 Administrative practice and procedure, Banks, Banking, Blocking of assets, Global Magnitsky, Penalties, Reporting and recordkeeping requirements, Sanctions. For the reasons set forth in the preamble, the Department of the Treasury’s Office of Foreign Assets Control adds part 583 to 31 CFR chapter V to read as follows: ■ PART 583—GLOBAL MAGNITSKY SANCTIONS REGULATIONS Subpart A—Relation of This Part to Other Laws and Regulations Sec. 583.101 Relation of this part to other laws and regulations. Subpart B—Prohibitions 583.201 Prohibited transactions involving blocked property. 583.202 Effect of transfers violating the provisions of this part. 583.203 Holding of funds in interestbearing accounts; investment and reinvestment. 583.204 Expenses of maintaining blocked physical property; liquidation of blocked property. 583.205 Exempt transactions. Subpart C—General Definitions 583.300 Applicability of definitions. 583.301 Blocked account; blocked property. 583.302 Effective date. 583.303 Entity. 583.304 Financial, material, or technological support. 583.305 Foreign person. 583.306 Information or informational materials. 583.307 Interest. 583.308 Licenses; general and specific. 583.309 OFAC. 583.310 Person. 583.311 Property; property interest. 583.312 Transfer. 583.313 United States. 583.314 United States person; U.S. person. 583.315 U.S. financial institution. Subpart D—Interpretations 583.401 [Reserved] 583.402 Effect of amendment. 583.403 Termination and acquisition of an interest in blocked property. 583.404 Transactions ordinarily incident to a licensed transaction. 583.405 Setoffs prohibited. 583.406 Entities owned by one or more persons whose property and interests in property are blocked. E:\FR\FM\29JNR1.SGM 29JNR1

Agencies

[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30539-30541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14084]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Parts 538 and 596


Removal of the Sudanese Sanctions Regulations and Amendment of 
the Terrorism List Government 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 removing from the Code of Federal Regulations the 
Sudanese Sanctions Regulations as a result of the revocation of certain 
provisions of one Executive Order and the entirety of another Executive 
Order on which the regulations were based. OFAC is also amending the 
Terrorism List Government Sanctions Regulations to incorporate a 
general license authorizing certain transactions related to exports of 
agricultural commodities, medicines, and medical devices, which has, 
until now, appeared only on OFAC's website.

DATES: Effective: June 29, 2018.

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 
General Counsel: Office of the Chief Counsel (Foreign Assets Control); 
tel.: 202-622-2410.

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

    This document and additional information concerning OFAC are 
available from OFAC's website (www.treasury.gov/ofac).

Background

Removal of the Sudanese Sanctions Regulations

    On November 3, 1997, the President issued Executive Order 13067, 
``Blocking Sudanese Government Property and Prohibiting Transactions 
With Sudan'' (E.O. 13067), declaring a national emergency to deal with 
the unusual and extraordinary threat to the national security and 
foreign policy of the United States posed by the policies and actions 
of the Government of Sudan. E.O. 13067 blocked all property and 
interests in property of the Government of Sudan that were in the 
United States, that thereafter came within the United States, or that 
thereafter came within the possession or control of United States 
persons. E.O. 13067 also prohibited: (a) The importation into the 
United States of any goods or services of Sudanese origin; (b) the 
exportation or reexportation, directly or indirectly, to Sudan of 
goods, technology, or services from the United States or by a United 
States person, wherever located, or requiring the issuance of a license 
by a Federal agency; (c) the facilitation by a United States person of 
the exportation or reexportation of goods, technology, or services to 
or from Sudan; (d) the performance by any United States person of any 
contract, including a financing contract, in support of an industrial, 
commercial, public utility, or governmental project in Sudan; (e) the 
grant or extension of credits or loans by any United States person to 
the Government of Sudan; (f) any transaction by a United States person 
relating to transportation of cargo to or from Sudan; and (g) any 
transaction by any United States person, or within the United States 
that evaded or avoided, or had the purpose of evading or avoiding, or 
attempted to violate any of the prohibitions set forth in E.O. 13067.
    On July 1, 1998, OFAC issued the Sudanese Sanctions Regulations, 31 
CFR part 538 (SSR), as a final rule to implement E.O. 13067. The SSR 
were amended on various occasions to, among other things, implement 
further Executive orders and add additional authorizations.
    On April 26, 2006, in Executive Order 13400 (E.O. 13400), the 
President determined that the conflict in Sudan's Darfur region posed 
an unusual and extraordinary threat to the national security and 
foreign policy of the United States, expanded the scope of the national 
emergency declared in E.O. 13067 to deal with that threat, and ordered 
the blocking of property of certain persons connected to the conflict. 
On May 28, 2009, OFAC issued the Darfur Sanctions Regulations, 31 CFR 
part 546 (DSR), as a final rule to implement E.O. 13400. On October 13, 
2006, the President issued Executive Order 13412 (E.O. 13412) to take 
additional steps with respect to the national emergency and to 
implement the Darfur Peace and Accountability Act of 2006, Public Law 
109-344, 120 Stat. 1869.
    On January 13, 2017, President Obama issued Executive Order 13761, 
``Recognizing Positive Actions by the Government of Sudan and Providing 
for the Revocation of Certain Sudan-Related Sanctions'' (E.O. 13761). 
In E.O. 13761, President Obama found that the situation that gave rise 
to the actions taken in E.O.s 13067 and 13412 related to the policies 
and actions of the Government of Sudan had been altered by Sudan's 
positive actions over the prior six months. These actions included a 
marked reduction in offensive military activity, culminating in a 
pledge to maintain a cessation of hostilities in conflict areas in 
Sudan, and steps toward the improvement of humanitarian access 
throughout Sudan, as well as cooperation with the United States on 
addressing regional conflicts and the threat of terrorism. Given these 
developments, and in order to see these efforts sustained and enhanced 
by the Government of Sudan, President Obama ordered that, effective 
July 12, 2017, sections 1 and 2 of E.O. 13067 be revoked, and E.O. 
13412 be revoked in its entirety, provided that a review before that 
date determined certain criteria were met.
    On July 11, 2017, President Trump issued Executive Order 13804, 
``Allowing Additional Time for Recognizing Positive Actions by the 
Government of Sudan and Amending Executive Order 13761'' (E.O. 13804). 
In E.O. 13804, President Trump amended E.O. 13761, extending until 
October 12,

[[Page 30540]]

2017, the review period established by E.O. 13761. This review period 
provided for the revocation of certain sanctions if the Government of 
Sudan sustained the positive actions that gave rise to E.O. 13761, 
including carrying out a pledge to maintain a cessation of hostilities 
in conflict areas in Sudan; continuing improvement of humanitarian 
access throughout Sudan; and maintaining its cooperation with the 
United States on addressing regional conflicts and the threat of 
terrorism.
    On October 11, 2017, the Secretary of State, in consultation with 
the Secretary of the Treasury, the Director of National Intelligence, 
and the Administrator of the U.S. Agency for International Development, 
published notice in the Federal Register stating that the Government of 
Sudan had sustained the positive actions that gave rise to E.O. 13761. 
That notice also stated that the Secretary of State had provided to the 
President the report described in section 10 of E.O. 13761, fulfilling 
the requirement set forth in E.O. 13761, as amended by E.O. 13804, that 
make effective the revocation of certain economic sanctions related to 
Sudan. As such, effective October 12, 2017, pursuant to E.O. 13761, as 
amended by E.O. 13804, sections 1 and 2 of E.O. 13067 were revoked and 
E.O. 13412 was revoked in its entirety. As a result of the revocation 
of these sanctions provisions, U.S. persons are no longer prohibited 
from engaging in transactions that were previously prohibited solely 
under the SSR. Consistent with the revocation of these sanctions 
provisions, OFAC is removing the SSR from the Code of Federal 
Regulations.
    The emergency declared by the President with respect to Sudan in 
E.O. 13067, and expanded in E.O. 13400, has not been terminated. These 
authorities remain the basis for the DSR, which remain in effect with 
respect to Darfur and continues to block the property and interests in 
property of certain persons connected with the conflict in Darfur.
    Pursuant to section 1 of E.O. 13761, as amended by E.O. 13804, the 
revocation of sections 1 and 2 of E.O. 13067 and the entirety of E.O. 
13412 shall not affect any violation of any rules, regulations, orders, 
licenses, or other forms of administrative action under those orders 
during the period that those provisions were in effect.

Authorization for Certain Exports of Agricultural Commodities, 
Medicine, and Medical Devices

    Pursuant to Section 906 of the Trade Sanctions Reform and Export 
Enhancement Act of 2000, 22 U.S.C. 7205 (TSRA), an OFAC license is 
still required for certain exports and reexports to Sudan of 
agricultural commodities, medicine, and medical devices as a result of 
Sudan's inclusion on the State Sponsors of Terrorism List. Effective 
October 12, 2017, OFAC issued and made available on its website General 
License A. This general license authorized exports and reexports of 
these items to Sudan. Today, OFAC is incorporating General License A 
into the Terrorism List Government Sanctions Regulations, 31 CFR part 
596, as new Sec.  596.506. No OFAC license is required for financing of 
these exports and reexports.
    U.S. persons and non-U.S. persons will still need to obtain any 
licenses required by the Department of Commerce's Bureau of Industry 
and Security (BIS) to export or reexport to Sudan certain items 
(commodities, software, and technology) that are on the Commerce 
Control List (CCL), Supp. No. 1 to part 774 of the Export 
Administration Regulations, 15 CFR parts 730 through 774 (EAR). In 
limited circumstances, U.S. persons and non-U.S. persons may also need 
to obtain licenses from BIS to export or reexport to Sudan items that 
are subject to the EAR but not specifically listed on the CCL 
(``EAR99'' items) if such transactions implicate certain end-use or 
end-user concerns (see 15 CFR part 744).

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, as well as the 
provisions of Executive Order 13771, 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

31 CFR Part 538

    Administrative practice and procedure, Banks, Banking, Blocking of 
assets, Sudan, Credit, Foreign Trade, Penalties, Reporting and 
recordkeeping requirements, Securities, Services.

31 CFR Part 596

    Administrative practice and procedure, Banks, Banking, Blocking of 
assets, Foreign Trade, Penalties, Reporting and recordkeeping 
requirements, Terrorism.

    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. 13067, 62 FR 59989, 3 CFR, 
1997 Comp., p. 230; E.O. 13412, 71 FR 61369, 3 CFR, 2006 Comp., p. 244; 
E.O. 13761, 82 FR 5331, as amended by E.O. 13804, 82 FR 23611, OFAC 
amends 31 CFR parts 538 and 596 as follows:

PART 538--[REMOVED]

0
1. Remove part 538.

PART 596--TERRORISM LIST GOVERNMENTS SANCTIONS REGULATIONS

0
2. The authority citation for part 596 is revised to read as follows:

    Authority: 18 U.S.C. 2332d; 22 U.S.C. 7201-7211; 31 U.S.C. 
321(b).

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

0
3. Add Sec.  596.506 to read as follows:


Sec.  596.506  Authorizing Certain Transactions Pursuant to the Trade 
Sanctions Reform and Export Enhancement Act of 2000.

    (a) Effective October 12, 2017, pursuant to section 906(a)(l) of 
the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 
U.S.C. 7205) (TSRA), all exports and reexports of agricultural 
commodities, medicine, or medical devices to the Government of Sudan or 
to any entity in Sudan or to any person in a third country purchasing 
specifically for resale to any of the foregoing are authorized, 
provided that the exports and reexports are shipped within the 12-month 
period beginning on the date of the signing of the contract for export 
or reexport.
    (b) Consistent with section 906(a)(l) of TSRA, each year the Office 
of Foreign Assets Control will determine whether to revoke this general 
license. Unless revoked, the general license will remain in effect.

    Note 1 to Sec.  596.506: This authorization does not eliminate 
the need to comply with other provisions of 31 CFR chapter V, 
including 31 CFR part 596, or other applicable provisions of law, 
including any requirements of agencies other than the Department of 
the Treasury's Office of Foreign Assets Control. Such requirements 
include the Export Administration Regulations (15 CFR parts 730 
through 774) administered by the Bureau of Industry and

[[Page 30541]]

Security of the Department of Commerce and the International Traffic 
in Arms Regulations (22 CFR parts 120 through 130) administered by 
the Department of State.


Andrea Gacki,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2018-14084 Filed 6-28-18; 8:45 am]
BILLING CODE 4810-AL-P