International Criminal Court-Related Sanctions Regulations, 35399 [2021-14337]

Agencies

• DEPARTMENT OF THE TREASURY
• Office of Foreign Assets Control

[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Rules and Regulations]
[Page 35399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14337]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 520


International Criminal Court-Related Sanctions 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 
International Criminal Court-Related Sanctions Regulations as a result 
of the termination of the national emergency on which the regulations 
were based.

DATES: This rule is effective July 6, 2021.

FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for 
Licensing, 202-622-2480; Assistant Director for Regulatory Affairs, 
202-622-4855; or Assistant Director for Sanctions Compliance & 
Evaluation, 202-622-2490.

SUPPLEMENTARY INFORMATION:

Electronic Availability

    This document and additional information concerning OFAC are 
available on OFAC's website: www.treasury.gov/ofac.

Background

    On June 11, 2020, the President, invoking the authority of, inter 
alia, the International Emergency Economic Powers Act (50 U.S.C. 1701-
1706) (IEEPA), issued Executive Order (E.O.) 13928 (85 FR 36139, June 
15, 2020), ``Blocking Property of Certain Persons Associated With the 
International Criminal Court.'' In E.O. 13928, the President found that 
the International Criminal Court's (ICC) assertions of jurisdiction 
over personnel of the United States and certain of its allies 
threatened to subject current and former United States Government and 
allied officials to harassment, abuse, and possible arrest, and that 
these actions on the part of the ICC, in turn, threatened to infringe 
upon the sovereignty of the United States. The President therefore 
determined that any attempt by the ICC to investigate, arrest, detain, 
or prosecute any United States personnel without the consent of the 
United States, or of personnel of countries that are United States 
allies and who are not parties to the Rome Statute or have not 
otherwise consented to ICC jurisdiction, constituted an unusual and 
extraordinary threat to the national security and foreign policy of the 
United States and declared a national emergency to deal with that 
threat.
    On October 1, 2020, OFAC issued the International Criminal Court-
Related Sanctions Regulations, 31 CFR part 520 (85 FR 61816, October 1, 
2020) (the ``Regulations''), as a final rule to implement E.O. 13928. 
The Regulations were issued in abbreviated form for the purpose of 
providing immediate guidance to the public.
    On April 1, 2021, the President issued E.O. 14022, ``Termination of 
Emergency With Respect to the International Criminal Court'' (86 FR 
17895, April 7, 2021). In E.O. 14022, the President found that, 
although the United States continues to object to the ICC's assertions 
of jurisdiction over personnel of such non-States Parties as the United 
States and its allies absent their consent or referral by the United 
Nations Security Council, the threat and imposition of financial 
sanctions against the ICC, its personnel, and those who assist it are 
not an effective or appropriate strategy for addressing the United 
States' concerns with the ICC. Accordingly, the President terminated 
the national emergency declared in E.O. 13928 and revoked that order.
    As a result, OFAC is removing the Regulations from the Code of 
Federal Regulations. Pursuant to section 202(a) of the National 
Emergencies Act (50 U.S.C. 1622(a)) and section 2 of E.O. 14022, 
termination of the national emergency declared in E.O. 13928 shall not 
affect any action taken or proceeding pending not finally concluded or 
determined as of April 1, 2021 (the date of E.O. 14022), any action or 
proceeding based on any act committed prior to the date of E.O. 14022, 
or any rights or duties that matured or penalties that were incurred 
prior to the date of E.O. 14022.

Public Participation

    Because the Regulations involve a foreign affairs function, the 
provisions of E.O. 12866 of September 30, 1993, ``Regulatory Planning 
and Review'' (58 FR 51735, October 4, 1993), 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 520

    Administrative practice and procedure, Banks, Banking, Blocking of 
assets, International criminal court, Penalties, Reporting and 
recordkeeping requirements, Sanctions.

PART 520--[REMOVED]

0
 For the reasons set forth in the preamble, and pursuant to 50 U.S.C. 
1601-1651 and E.O. 14022 (86 FR 17895, April 7, 2021), OFAC amends 31 
CFR chapter V by removing part 520.

    Dated: June 30, 2021.
Bradley T. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2021-14337 Filed 7-2-21; 8:45 am]
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