List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions (CAPTA List), 9456-9458 [2019-04842]
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Federal Register / Vol. 84, No. 51 / Friday, March 15, 2019 / Rules and Regulations
The values of it are:
For valuation dates occurring in the month—
it
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April–June 2019 ................................................................
Issued in Washington, DC, by
Hilary Duke,
Assistant General Counsel, Pension Benefit
Guaranty Corporation.
[FR Doc. 2019–04740 Filed 3–14–19; 8:45 am]
BILLING CODE 7709–02–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 561 and 566
List of Foreign Financial Institutions
Subject to Correspondent Account or
Payable-Through Account Sanctions
(CAPTA List)
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule; technical
amendments.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is amending the Iranian
Financial Sanctions Regulations (IFSR)
and the Hizballah Financial Sanctions
Regulations (HFSR) to incorporate
references to the new List of Foreign
Financial Institutions Subject to
Correspondent Account or PayableThrough Account Sanctions (CAPTA
List).
DATES: Effective: March 15, 2019.
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:
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Electronic Availability
This document and additional
information concerning OFAC are
available from OFAC’s website
(www.treasury.gov/ofac).
Background
Pursuant to a number of sanctions
authorities, the Secretary of the
Treasury may impose strict conditions
or prohibitions on the opening or
maintaining of correspondent or
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payable-through accounts in the United
States (collectively, ‘‘correspondent or
payable-through account sanctions’’) for
a foreign financial institution (FFI) that
the Secretary determines knowingly
engages in specified transactions. As a
general matter, the Secretary of the
Treasury further delegates these
authorities to the Director of OFAC.
With respect to the first two such
authorities established, OFAC created
separate sanctions lists to identify FFIs
subject to correspondent or payablethrough account sanctions. Specifically,
§§ 561.201 and 561.203 of the IFSR (31
CFR part 561) provide that, upon a
finding by the Secretary of the Treasury
that an FFI knowingly engages in one or
more of the activities described in
§ 561.201(a) or § 561.203(a), the
Secretary of the Treasury will impose
correspondent or payable-through
account sanctions on the FFI. Notes to
§§ 561.201(b) and 561.203(a) further
clarify that the name of the FFI and the
relevant prohibition or strict
condition(s) will be added to the List of
Foreign Financial Institutions Subject to
Part 561 List (Part 561 List) on the Iran
sanctions page on OFAC’s website
(www.treasury.gov/ofac) and published
in the Federal Register. As of March 14,
2019, there was one FFI on the Part 561
List.
Similarly, § 566.201 of the HFSR
provides that, upon a finding by the
Secretary of the Treasury that an FFI
knowingly engages in one or more of the
activities described in § 566.201(a), the
Secretary of the Treasury will impose
correspondent or payable-through
account sanctions on the FFI. A note to
§ 566.201(c) further explains that the
name of the FFI and the relevant
prohibition or strict condition(s) will be
added to the HFSR List on the Counter
Terrorism Sanctions web page on
OFAC’s website (www.treasury.gov/
ofac) and published in the Federal
Register. As of March 14, 2019, there
was no HFSR List on the OFAC website
because no FFI has been listed pursuant
to the HFSR.
Additional sanctions authorities
provide for correspondent or payablethrough account sanctions, including
the Ukraine Freedom Support Act of
2014, as amended (UFSA), and
Executive Order 13810 of September 20,
2017 (‘‘Imposing Additional Sanctions
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With Respect to North Korea’’) (82 FR
44705, September 25, 2017), as
implemented in the North Korea
Sanctions Regulations, 31 CFR part 510
(NKSR). In order to avoid potential
confusion resulting from multiple OFAC
lists addressing similar sanctions, on
March 1, 2018, OFAC announced on its
website the creation of a consolidated
list, the List of Foreign Financial
Institutions Subject to Correspondent
Account or Payable-Through Account
Sanctions (CAPTA List), which would
list any FFI subject to correspondent or
payable-through account sanctions
pursuant to UFSA or the NKSR, as well
as the relevant prohibition or strict
condition(s). Also on March 1, 2018,
OFAC stated that the CAPTA List
eventually would be expanded to
include FFIs subject to correspondent or
payable-through account sanctions
pursuant to additional authorities,
including the IFSR and the HFSR. As of
March 14, 2019, the CAPTA List did not
include any FFIs subject to
correspondent or payable-through
account sanctions under UFSA or the
NKSR because OFAC has not identified
any such FFIs.
This rule amends the IFSR and the
HFSR to replace 14 references to the
Part 561 List and seven references to the
HFSR List, respectively, with references
to the CAPTA List. OFAC also is making
a conforming change in the IFSR and
the HFSR to the location on OFAC’s
website for the CAPTA List.
On March 15, 2019, by separate
action, OFAC is expanding the CAPTA
List on the OFAC website to include
FFIs subject to correspondent or
payable-through account sanctions
pursuant to the IFSR and the HFSR. As
part of this change, OFAC will move the
name of the FFI on the Part 561 List,
along with the relevant prohibition or
strict condition(s) to which the FFI is
subject, to the CAPTA List. The CAPTA
List will thus supersede the Part 561
List in its entirety, and the Part 561 List
will be removed from OFAC’s website.
Following the publication of this rule,
unless otherwise specified, the names of
any FFIs that are determined by the
Secretary of the Treasury to be subject
to correspondent or payable-through
account sanctions will be placed on the
CAPTA List. The CAPTA List will be
accessible via OFAC’s website and
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Federal Register / Vol. 84, No. 51 / Friday, March 15, 2019 / Rules and Regulations
updates to the list will be published on
OFAC’s website and in the Federal
Register.
Public Participation
Because the amendment of the IFSR
and HFSR involves 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
With respect to section 2 (44 U.S.C.
3507) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3507), the collection
of information in § 561.601 of the IFSR
is made pursuant to OFAC’s Reporting,
Procedures and Penalties Regulations,
31 CFR part 501 (RPPR), and has been
approved by the Office of Management
and Budget (OMB) under control
number 1505–0164. The collection of
information in § 561.504 of the IFSR has
been approved by OMB under control
number 1505–0243.
The collection of information in
§ 566.601 of the HFSR is made pursuant
to the RPPR and has been approved by
OMB under control number 1505–0164.
The collection of information in
§ 566.504(b) of the HFSR has been
approved by OMB under control
number 1505–0255. With respect to all
of the foregoing collections of
information, 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
31 CFR Part 561
Administrative practice and
procedure, Banks, Banking, Blocking of
assets, Correspondent account
sanctions, Credit, Foreign financial
institutions, Foreign Trade, Iran,
Penalties, Reporting and recordkeeping
requirements, Securities, Services.
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31 CFR Part 566
Administrative practice and
procedure, Banks, Banking, Blocking of
assets, Correspondent account
sanctions, Credit, Foreign financial
institutions, Foreign Trade, Hizballah,
Penalties, Reporting and recordkeeping
requirements, Securities, Services.
VerDate Sep<11>2014
16:03 Mar 14, 2019
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Authority and Issuance
For the reasons set forth in the
preamble, the Department of the
Treasury’s Office of Foreign Assets
Control amends 31 CFR parts 561 and
566 as follows:
PART 561—IRANIAN FINANCIAL
SANCTIONS REGULATIONS
1. The authority citation for part 561
is revised to read as follows:
■
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; 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); Pub. L. 111–195, 124 Stat. 1312
(22 U.S.C. 8501–8551); Pub. L. 112–81, 125
Stat. 1298 (22 U.S.C. 8513a); Pub. L. 112–158,
126 Stat. 1214 (22 U.S.C. 8701–8795); E.O.
12957, 60 FR 14615, 3 CFR, 1995 Comp., p.
332; E.O. 13553, 75 FR 60567, 3 CFR, 2010
Comp., p. 253; E.O. 13599, 77 FR 6659, 3
CFR, 2012 Comp., p. 215; E.O. 13622, 77 FR
45897, 3 CFR, 2012 Comp., p. 290; E.O.
13628, 77 FR 62139, 3 CFR, 2012 Comp., p.
314.
Subpart B—Prohibitions
§ 561.201
[Amended]
2. Amend § 561.201 as follows:
a. In the last sentence of the
introductory text, remove ‘‘List of
Foreign Financial Institutions Subject to
Part 561 (the ‘‘Part 561 List’’)’’ and add
in its place ‘‘List of Foreign Financial
Institutions Subject to Correspondent
Account or Payable-Through Account
Sanctions (CAPTA List)’’, and remove
‘‘on the Iran Sanctions page’’;
■ b. In the note to paragraph (b), remove
‘‘Part 561 List’’ and add in its place
‘‘CAPTA List’’, and remove ‘‘on the Iran
Sanctions page’’;
■ c. In the note to paragraph (c), remove
‘‘Part 561 List’’ and add in its place
‘‘CAPTA List’’, and remove ‘‘on the Iran
Sanctions page’’; and
■ d. In the note to § 561.201, in the
introductory text and paragraph (4),
remove ‘‘Part 561 List’’ and add in its
place in both locations ‘‘CAPTA List’’.
■
■
§ 561.203
[Amended]
3. Amend § 561.203 as follows:
a. In note 2 to paragraph (a), remove
‘‘List of Foreign Financial Institutions
Subject to Part 561 (the ‘‘Part 561
List’’)’’ and add in its place ‘‘List of
Foreign Financial Institutions Subject to
Correspondent Account or PayableThrough Account Sanctions (CAPTA
List)’’, and remove ‘‘on the Iran
Sanctions page’’;
■ b. In paragraph (j)(4), remove ‘‘List of
Foreign Financial Institutions Subject to
Part 561 (the ‘‘Part 561 List’’)’’ and add
in its place ‘‘List of Foreign Financial
Institutions Subject to Correspondent
■
■
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9457
Account or Payable-Through Account
Sanctions (CAPTA List)’’, and remove
‘‘on the Iran Sanctions page’’; and
■ c. In paragraph (k)(6), remove ‘‘Part
561 List’’ and add in its place ‘‘CAPTA
List’’.
§ 561.204
[Amended]
4. In note 1 to paragraph (a), remove
‘‘List of Foreign Financial Institutions
Subject to Part 561 (the ‘‘Part 561
List’’)’’ and add in its place ‘‘List of
Foreign Financial Institutions Subject to
Correspondent Account or PayableThrough Account Sanctions (CAPTA
List)’’, and remove ‘‘on the Iran
Sanctions page’’.
■
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
§ 561.504
[Amended]
5. Amend § 561.504 as follows:
a. In paragraph (a) introductory text,
remove ‘‘Part 561 List’’ and add in its
place ‘‘List of Foreign Financial
Institutions Subject to Correspondent
Account or Payable-Through Account
Sanctions (CAPTA List)’’, and remove
‘‘on the Iran Sanctions page’’;
■ b. In paragraph (b), remove ‘‘Part 561
List’’ and add in its place ‘‘CAPTA
List’’, and remove ‘‘on the Iran
Sanctions page’’;
■ c. In paragraph (c), remove ‘‘Part 561
List’’ and add in its place ‘‘CAPTA
List’’;
■ d. In paragraph (d), remove ‘‘Part 561
List’’ and add in its place ‘‘CAPTA
List’’; and
■ e. In the note to § 561.504, remove
‘‘Part 561 List’’ and add in its place
‘‘CAPTA List’’, and remove ‘‘on the Iran
Sanctions page’’.
■
■
PART 566—HIZBALLAH FINANCIAL
SANCTIONS REGULATIONS
6. The authority citation for part 566
is revised to read as follows:
■
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; 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); Pub. L. 114–102, 129 Stat. 2205
(50 U.S.C. 1701 note).
Subpart B—Prohibitions
§ 566.201
[Amended]
7. Amend § 566.201 as follows:
a. In the note to paragraph (b), remove
‘‘HFSR List’’ and add in its place ‘‘List
of Foreign Financial Institutions Subject
to Correspondent Account or PayableThrough Account Sanctions (CAPTA
List)’’, and remove ‘‘on the Counter
Terrorism Sanctions page’’; and
■ b. In the note to paragraph (c), remove
‘‘HFSR List’’ and add in its place
■
■
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Federal Register / Vol. 84, No. 51 / Friday, March 15, 2019 / Rules and Regulations
‘‘CAPTA List’’, and remove ‘‘on the
Counter Terrorism Sanctions page’’.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
§ 566.504
[Amended]
8. Amend § 566.504 as follows:
a. In paragraph (a) introductory text,
remove ‘‘in the HFSR List’’ and add in
its place ‘‘on the List of Foreign
Financial Institutions Subject to
Correspondent Account or PayableThrough Account Sanctions (CAPTA
List)’’;
■ b. In paragraph (b), remove ‘‘HFSR
List’’ and add in its place ‘‘CAPTA
List’’, and remove ‘‘on the Hizballah
Sanctions page’’;
■ c. In paragraph (c), remove ‘‘HFSR
List’’ and add in its place ‘‘CAPTA
List’’;
■ d. In paragraph (d), remove ‘‘HFSR
List’’ and add in its place ‘‘CAPTA
List’’; and
■ e. In the note to § 566.504, remove
‘‘HFSR List’’ and add in its place
‘‘CAPTA List’’, and remove ‘‘on the
Counter Terrorism Sanctions page’’.
■
■
Dated: March 12, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019–04842 Filed 3–14–19; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2018–0388]
RIN 1625–AA01
Anchorage Ground; Sabine Pass, TX
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is amending
the anchorage regulations for the Sabine
Pass Channel, Sabine Pass, TX
anchorage ground for the navigational
safety of vessels entering and exiting a
new liquefied natural gas terminal
mooring basin being constructed on the
eastern waterfront of the Sabine Pass
Channel. This amendment will reduce
the overall size of the existing
anchorage.
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SUMMARY:
DATES:
This rule is effective April 15,
2019.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
ADDRESSES:
VerDate Sep<11>2014
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LNG Liquefied natural gas
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On June 15, 2018, we published a
notice of inquiry requesting public
comments in response to Sabine Pass
LNG’s request to disestablish the
anchorage ground titled Anchorage
Ground, Sabine Pass, TX (83 FR 27932).
The Coast Guard received three
comments in response to that notice of
inquiry.
On December 21, 2018, we published
a notice of proposed rulemaking
(NPRM) entitled Anchorage Ground;
Sabine Pass, TX in the Federal Register
(83 FR 65609). No public meeting was
requested and none was held.
Additionally, no comments concerning
the proposed rule were received.
III. Legal Authority and Need for Rule
33 CFR Part 110
ACTION:
0388 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Scott K. Whalen, Marine
Safety Unit Port Arthur, U.S. Coast
Guard; telephone (409) 719–5086, email:
Scott.K.Whalen@uscg.mil.
SUPPLEMENTARY INFORMATION:
16:03 Mar 14, 2019
Jkt 247001
The Coast Guard is amending 33 CFR
110.196 under the authority in 33 U.S.C.
471. This amendment reduces the
overall dimensions of the Sabine Pass
Channel anchorage ground. This action
will provide for the safe navigation of
vessels entering and exiting Cheniere
Energy’s new vessel berth while
retaining a portion of the anchorage for
use by those vessels that continue to use
the anchorage grounds.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
December 21, 2018. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
As discussed in the NPRM, this
amendment reduces the overall
dimensions of Sabine Pass anchorage
ground. Coordinates identifying the
anchorage ground’s new boundaries
appear in the regulatory text at the end
of this document.
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V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on current information, which
indicates that the anchorage ground is
rarely used, and that the overall
reduction in anchorage area will not
significantly impact those vessels
desiring to use the anchorage.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. 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 received no comments
from the Small Business Administration
on this rulemaking. 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.
While some owners or operations of
vessels intending to use the anchorage
may be small entities, for the reasons
state in section V.A above, this rule will
not have a significant economic impact
on any vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
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Agencies
[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Rules and Regulations]
[Pages 9456-9458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04842]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 561 and 566
List of Foreign Financial Institutions Subject to Correspondent
Account or Payable-Through Account Sanctions (CAPTA List)
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is amending the Iranian Financial Sanctions Regulations
(IFSR) and the Hizballah Financial Sanctions Regulations (HFSR) to
incorporate references to the new List of Foreign Financial
Institutions Subject to Correspondent Account or Payable-Through
Account Sanctions (CAPTA List).
DATES: Effective: March 15, 2019.
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:
Electronic Availability
This document and additional information concerning OFAC are
available from OFAC's website (www.treasury.gov/ofac).
Background
Pursuant to a number of sanctions authorities, the Secretary of the
Treasury may impose strict conditions or prohibitions on the opening or
maintaining of correspondent or payable-through accounts in the United
States (collectively, ``correspondent or payable-through account
sanctions'') for a foreign financial institution (FFI) that the
Secretary determines knowingly engages in specified transactions. As a
general matter, the Secretary of the Treasury further delegates these
authorities to the Director of OFAC.
With respect to the first two such authorities established, OFAC
created separate sanctions lists to identify FFIs subject to
correspondent or payable-through account sanctions. Specifically,
Sec. Sec. 561.201 and 561.203 of the IFSR (31 CFR part 561) provide
that, upon a finding by the Secretary of the Treasury that an FFI
knowingly engages in one or more of the activities described in Sec.
561.201(a) or Sec. 561.203(a), the Secretary of the Treasury will
impose correspondent or payable-through account sanctions on the FFI.
Notes to Sec. Sec. 561.201(b) and 561.203(a) further clarify that the
name of the FFI and the relevant prohibition or strict condition(s)
will be added to the List of Foreign Financial Institutions Subject to
Part 561 List (Part 561 List) on the Iran sanctions page on OFAC's
website (www.treasury.gov/ofac) and published in the Federal Register.
As of March 14, 2019, there was one FFI on the Part 561 List.
Similarly, Sec. 566.201 of the HFSR provides that, upon a finding
by the Secretary of the Treasury that an FFI knowingly engages in one
or more of the activities described in Sec. 566.201(a), the Secretary
of the Treasury will impose correspondent or payable-through account
sanctions on the FFI. A note to Sec. 566.201(c) further explains that
the name of the FFI and the relevant prohibition or strict condition(s)
will be added to the HFSR List on the Counter Terrorism Sanctions web
page on OFAC's website (www.treasury.gov/ofac) and published in the
Federal Register. As of March 14, 2019, there was no HFSR List on the
OFAC website because no FFI has been listed pursuant to the HFSR.
Additional sanctions authorities provide for correspondent or
payable-through account sanctions, including the Ukraine Freedom
Support Act of 2014, as amended (UFSA), and Executive Order 13810 of
September 20, 2017 (``Imposing Additional Sanctions With Respect to
North Korea'') (82 FR 44705, September 25, 2017), as implemented in the
North Korea Sanctions Regulations, 31 CFR part 510 (NKSR). In order to
avoid potential confusion resulting from multiple OFAC lists addressing
similar sanctions, on March 1, 2018, OFAC announced on its website the
creation of a consolidated list, the List of Foreign Financial
Institutions Subject to Correspondent Account or Payable-Through
Account Sanctions (CAPTA List), which would list any FFI subject to
correspondent or payable-through account sanctions pursuant to UFSA or
the NKSR, as well as the relevant prohibition or strict condition(s).
Also on March 1, 2018, OFAC stated that the CAPTA List eventually would
be expanded to include FFIs subject to correspondent or payable-through
account sanctions pursuant to additional authorities, including the
IFSR and the HFSR. As of March 14, 2019, the CAPTA List did not include
any FFIs subject to correspondent or payable-through account sanctions
under UFSA or the NKSR because OFAC has not identified any such FFIs.
This rule amends the IFSR and the HFSR to replace 14 references to
the Part 561 List and seven references to the HFSR List, respectively,
with references to the CAPTA List. OFAC also is making a conforming
change in the IFSR and the HFSR to the location on OFAC's website for
the CAPTA List.
On March 15, 2019, by separate action, OFAC is expanding the CAPTA
List on the OFAC website to include FFIs subject to correspondent or
payable-through account sanctions pursuant to the IFSR and the HFSR. As
part of this change, OFAC will move the name of the FFI on the Part 561
List, along with the relevant prohibition or strict condition(s) to
which the FFI is subject, to the CAPTA List. The CAPTA List will thus
supersede the Part 561 List in its entirety, and the Part 561 List will
be removed from OFAC's website. Following the publication of this rule,
unless otherwise specified, the names of any FFIs that are determined
by the Secretary of the Treasury to be subject to correspondent or
payable-through account sanctions will be placed on the CAPTA List. The
CAPTA List will be accessible via OFAC's website and
[[Page 9457]]
updates to the list will be published on OFAC's website and in the
Federal Register.
Public Participation
Because the amendment of the IFSR and HFSR involves 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
With respect to section 2 (44 U.S.C. 3507) of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507), the collection of information
in Sec. 561.601 of the IFSR is made pursuant to OFAC's Reporting,
Procedures and Penalties Regulations, 31 CFR part 501 (RPPR), and has
been approved by the Office of Management and Budget (OMB) under
control number 1505-0164. The collection of information in Sec.
561.504 of the IFSR has been approved by OMB under control number 1505-
0243.
The collection of information in Sec. 566.601 of the HFSR is made
pursuant to the RPPR and has been approved by OMB under control number
1505-0164. The collection of information in Sec. 566.504(b) of the
HFSR has been approved by OMB under control number 1505-0255. With
respect to all of the foregoing collections of information, 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
31 CFR Part 561
Administrative practice and procedure, Banks, Banking, Blocking of
assets, Correspondent account sanctions, Credit, Foreign financial
institutions, Foreign Trade, Iran, Penalties, Reporting and
recordkeeping requirements, Securities, Services.
31 CFR Part 566
Administrative practice and procedure, Banks, Banking, Blocking of
assets, Correspondent account sanctions, Credit, Foreign financial
institutions, Foreign Trade, Hizballah, Penalties, Reporting and
recordkeeping requirements, Securities, Services.
Authority and Issuance
For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control amends 31 CFR parts 561 and
566 as follows:
PART 561--IRANIAN FINANCIAL SANCTIONS REGULATIONS
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1. The authority citation for part 561 is revised to read as follows:
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651,
1701-1706; 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); Pub. L. 111-
195, 124 Stat. 1312 (22 U.S.C. 8501-8551); Pub. L. 112-81, 125 Stat.
1298 (22 U.S.C. 8513a); Pub. L. 112-158, 126 Stat. 1214 (22 U.S.C.
8701-8795); E.O. 12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O.
13553, 75 FR 60567, 3 CFR, 2010 Comp., p. 253; E.O. 13599, 77 FR
6659, 3 CFR, 2012 Comp., p. 215; E.O. 13622, 77 FR 45897, 3 CFR,
2012 Comp., p. 290; E.O. 13628, 77 FR 62139, 3 CFR, 2012 Comp., p.
314.
Subpart B--Prohibitions
Sec. 561.201 [Amended]
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2. Amend Sec. 561.201 as follows:
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a. In the last sentence of the introductory text, remove ``List of
Foreign Financial Institutions Subject to Part 561 (the ``Part 561
List'')'' and add in its place ``List of Foreign Financial Institutions
Subject to Correspondent Account or Payable-Through Account Sanctions
(CAPTA List)'', and remove ``on the Iran Sanctions page'';
0
b. In the note to paragraph (b), remove ``Part 561 List'' and add in
its place ``CAPTA List'', and remove ``on the Iran Sanctions page'';
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c. In the note to paragraph (c), remove ``Part 561 List'' and add in
its place ``CAPTA List'', and remove ``on the Iran Sanctions page'';
and
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d. In the note to Sec. 561.201, in the introductory text and paragraph
(4), remove ``Part 561 List'' and add in its place in both locations
``CAPTA List''.
Sec. 561.203 [Amended]
0
3. Amend Sec. 561.203 as follows:
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a. In note 2 to paragraph (a), remove ``List of Foreign Financial
Institutions Subject to Part 561 (the ``Part 561 List'')'' and add in
its place ``List of Foreign Financial Institutions Subject to
Correspondent Account or Payable-Through Account Sanctions (CAPTA
List)'', and remove ``on the Iran Sanctions page'';
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b. In paragraph (j)(4), remove ``List of Foreign Financial Institutions
Subject to Part 561 (the ``Part 561 List'')'' and add in its place
``List of Foreign Financial Institutions Subject to Correspondent
Account or Payable-Through Account Sanctions (CAPTA List)'', and remove
``on the Iran Sanctions page''; and
0
c. In paragraph (k)(6), remove ``Part 561 List'' and add in its place
``CAPTA List''.
Sec. 561.204 [Amended]
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4. In note 1 to paragraph (a), remove ``List of Foreign Financial
Institutions Subject to Part 561 (the ``Part 561 List'')'' and add in
its place ``List of Foreign Financial Institutions Subject to
Correspondent Account or Payable-Through Account Sanctions (CAPTA
List)'', and remove ``on the Iran Sanctions page''.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
Sec. 561.504 [Amended]
0
5. Amend Sec. 561.504 as follows:
0
a. In paragraph (a) introductory text, remove ``Part 561 List'' and add
in its place ``List of Foreign Financial Institutions Subject to
Correspondent Account or Payable-Through Account Sanctions (CAPTA
List)'', and remove ``on the Iran Sanctions page'';
0
b. In paragraph (b), remove ``Part 561 List'' and add in its place
``CAPTA List'', and remove ``on the Iran Sanctions page'';
0
c. In paragraph (c), remove ``Part 561 List'' and add in its place
``CAPTA List'';
0
d. In paragraph (d), remove ``Part 561 List'' and add in its place
``CAPTA List''; and
0
e. In the note to Sec. 561.504, remove ``Part 561 List'' and add in
its place ``CAPTA List'', and remove ``on the Iran Sanctions page''.
PART 566--HIZBALLAH FINANCIAL SANCTIONS REGULATIONS
0
6. The authority citation for part 566 is revised to read as follows:
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651,
1701-1706; 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); Pub. L. 114-
102, 129 Stat. 2205 (50 U.S.C. 1701 note).
Subpart B--Prohibitions
Sec. 566.201 [Amended]
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7. Amend Sec. 566.201 as follows:
0
a. In the note to paragraph (b), remove ``HFSR List'' and add in its
place ``List of Foreign Financial Institutions Subject to Correspondent
Account or Payable-Through Account Sanctions (CAPTA List)'', and remove
``on the Counter Terrorism Sanctions page''; and
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b. In the note to paragraph (c), remove ``HFSR List'' and add in its
place
[[Page 9458]]
``CAPTA List'', and remove ``on the Counter Terrorism Sanctions page''.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
Sec. 566.504 [Amended]
0
8. Amend Sec. 566.504 as follows:
0
a. In paragraph (a) introductory text, remove ``in the HFSR List'' and
add in its place ``on the List of Foreign Financial Institutions
Subject to Correspondent Account or Payable-Through Account Sanctions
(CAPTA List)'';
0
b. In paragraph (b), remove ``HFSR List'' and add in its place ``CAPTA
List'', and remove ``on the Hizballah Sanctions page'';
0
c. In paragraph (c), remove ``HFSR List'' and add in its place ``CAPTA
List'';
0
d. In paragraph (d), remove ``HFSR List'' and add in its place ``CAPTA
List''; and
0
e. In the note to Sec. 566.504, remove ``HFSR List'' and add in its
place ``CAPTA List'', and remove ``on the Counter Terrorism Sanctions
page''.
Dated: March 12, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019-04842 Filed 3-14-19; 8:45 am]
BILLING CODE 4810-AL-P