Publication of Russian Harmful Foreign Activities Sanctions Regulations Web General Licenses 39, 40, 41, 42, and 43, 47344-47347 [2022-16538]
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Federal Register / Vol. 87, No. 148 / Wednesday, August 3, 2022 / Rules and Regulations
§ 571.1(h), we will delete from the
documents any materials that are not
available for public disclosure.
IV. Analysis of Environmental Impact
We have determined under 21 CFR
25.32(r) that this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
V. Objections and Hearing Requests
Any person who will be adversely
affected by this regulation may file with
the Dockets Management Staff (see
ADDRESSES) either electronic or written
objections. Each objection shall be
separately numbered, and each
numbered objection shall specify with
particularity the provision of the
regulation to which objection is made
and the grounds for the objection. Each
numbered objection on which a hearing
is requested shall specifically so state.
Failure to request a hearing for any
particular objection shall constitute a
waiver of the right to a hearing on that
objection. Each numbered objection for
which a hearing is requested shall
include a detailed description and
analysis of the specific factual
information intended to be presented in
support of the objection in the event
that a hearing is held. Failure to include
such a description and analysis for any
particular objection shall constitute a
waiver of the right to a hearing on the
objection.
List of Subjects in 21 CFR Part 573
Animal feeds, Food additives.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 573 is
amended as follows:
PART 573—FOOD ADDITIVES
PERMITTED IN FEED AND DRINKING
WATER OF ANIMALS
1. The authority citation for part 573
continues to read as follows:
■
Authority: 21 U.S.C. 321, 342, 348.
2. Add § 573.485 to subpart B to read
as follows:
■
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§ 573.485
Fumonisin esterase.
The food additive fumonisin esterase
may be safely used to degrade
fumonisins in swine feed in accordance
with the following prescribed
conditions:
(a) Fumonisin esterase, a
carboxylesterase, is produced by a
nontoxigenic and nonpathogenic yeast,
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Komagataella phaffii, genetically
engineered to express the fumonisin
esterase gene from the bacterium
Sphingopyxis sp. Hydrolyzed fumonisin
and two tricarballylic acid molecules
are the reaction products of fumonisin
hydrolysis by this 493 amino acid
fumonisin esterase enzyme.
(b) The additive shall meet the
following specifications:
(1) The fermentation media for the
Komagataella phaffii shall not contain
methanol.
(2) Viable genetically engineered
Komagataella phaffii shall not be
present.
(3) One unit of fumonisin esterase
activity is defined as the amount of
enzymatic activity required to release
one micromole of tricarballylic acid
(CAS 99–14–9) per minute from 100
micromolar fumonisin B1 in 20
millimolar Tris-hydrochloride buffer
(pH 8.0) containing 0.1 milligram per
milliliter of bovine serum albumin at 30
°C.
(c) The additive is incorporated at a
minimum of 15 units of fumonisin
esterase activity per kilogram of
complete swine feed that cannot contain
more than 10 parts per million of total
fumonisins.
(d) To assure safe use of the additive,
in addition to the other information
required by the Federal Food, Drug, and
Cosmetic Act:
(1) The label and labeling of the
additive, any feed premix, and complete
feed shall contain the common or usual
name of the additive’s source, dried
Komagataella phaffii fermentation
product.
(2) The label and labeling of the
additive and any feed premix shall also
contain:
(i) Adequate directions for use
including a statement that the additive
must be uniformly applied and
thoroughly mixed into complete feeds;
(ii) A guarantee for the minimum
amount of fumonisin esterase activity,
expressed in accordance with paragraph
(b)(3) of this section, and the unit of
weight being consistent with the
inclusion rate stated in the directions
for use;
(iii) Appropriate warning and safety
precaution statements concerning the
additive as a respiratory sensitizer;
(iv) A cautionary statement
concerning the maximum fumonisin
content as established in paragraph (c)
of this section.
Dated: July 29, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 587
Publication of Russian Harmful
Foreign Activities Sanctions
Regulations Web General Licenses 39,
40, 41, 42, and 43
Office of Foreign Assets
Control, Treasury.
AGENCY:
Publication of web general
licenses.
ACTION:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing five
general licenses (GLs) issued pursuant
to the Russian Harmful Foreign
Activities Sanctions Regulations: GL 39,
GL 40, GL 41, GL 42, and GL 43, each
of which was previously issued on
OFAC’s website.
SUMMARY:
GL 39, GL 40, GL 41, GL 42, and
GL 43 were each issued on June 28,
2022. See SUPPLEMENTARY INFORMATION
of this document for additional relevant
dates.
DATES:
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.treas.gov/ofac.
Background
On June 28, 2022, OFAC issued GL
39, GL 40, GL 41, GL 42, and GL 43 on
its website to authorize certain
transactions otherwise prohibited by the
Russian Harmful Foreign Activities
Sanctions Regulations, 31 CFR part 587.
GL 39 expires at 12:01 a.m. eastern
daylight time, August 11, 2022. GL 41
expires at 12:01 a.m. eastern standard
time, December 22, 2022. GL 43 expires
at 12:01 a.m. eastern daylight time,
August 31, 2022. GL 40 and GL 42 do
not contain expiration dates. The texts
of GLs 39, 40, 41, 42, and 43 are
provided below.
[FR Doc. 2022–16566 Filed 8–2–22; 8:45 am]
BILLING CODE 4164–01–P
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Federal Register / Vol. 87, No. 148 / Wednesday, August 3, 2022 / Rules and Regulations
OFFICE OF FOREIGN ASSETS
CONTROL
Russian Harmful Foreign Activities
Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 39
Authorizing the Wind Down of
Transactions Involving State
Corporation Rostec
(a) Except as provided in paragraph
(b) of this general license, all
transactions ordinarily incident and
necessary to the wind down of any
transaction involving State Corporation
Rostec, or any entity blocked not earlier
than June 28, 2022 in which State
Corporation Rostec owns, directly or
indirectly, a 50 percent or greater
interest, that are prohibited by
Executive Order (E.O.) 14024 are
authorized through 12:01 a.m. eastern
daylight time, August 11, 2022,
provided that any payment to a blocked
person must be made into a blocked
account in accordance with the Russian
Harmful Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR).
(b) This general license does not
authorize:
(1) Any transactions prohibited by
Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent
or Payable-Through Accounts and
Processing of Transactions Involving
Certain Foreign Financial Institutions;
(2) Any transactions prohibited by
Directive 4 under E.O. 14024,
Prohibitions Related to Transactions
Involving the Central Bank of the
Russian Federation, the National
Wealth Fund of the Russian Federation,
and the Ministry of Finance of the
Russian Federation; or
(3) Any transactions otherwise
prohibited by the RuHSR, including
transactions involving any person
blocked pursuant to the RuHSR other
than the blocked persons described in
paragraph (a) of this general license,
unless separately authorized.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
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Russian Harmful Foreign Activities
Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 40
Civil Aviation Safety
(a) Except as provided in paragraph
(b), all transactions ordinarily incident
and necessary to the provision,
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Note to General License 40. Nothing in this
general license relieves any person from
compliance with any other Federal laws or
requirements of other Federal agencies,
including export, reexport, and transfer (incountry) licensing requirements maintained
by the Department of Commerce’s Bureau of
Industry and Security under the Export
Administration Regulations, 15 CFR parts
730–774.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
Annex—Blocked Entities Described in
Paragraph (a) of General License 40
OFFICE OF FOREIGN ASSETS
CONTROL
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exportation, or reexportation of goods,
technology, or services to ensure the
safety of civil aviation involving one or
more of the blocked entities listed in the
Annex to this general license and that
are prohibited by Executive Order (E.O.)
14024 are authorized, provided that:
(1) The aircraft is registered in a
jurisdiction solely outside of the
Russian Federation; and
(2) The goods, technology, or services
that are provided, exported, or
reexported are for use on aircraft
operated solely for civil aviation
purposes.
(b) This general license does not
authorize:
(1) Any transactions prohibited by
Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent
or Payable-Through Accounts and
Processing of Transactions Involving
Certain Foreign Financial Institutions;
(2) Any transactions prohibited by
Directive 4 under E.O. 14024,
Prohibitions Related to Transactions
Involving the Central Bank of the
Russian Federation, the National
Wealth Fund of the Russian Federation,
and the Ministry of Finance of the
Russian Federation; or
(3) Any transactions otherwise
prohibited by the Russian Harmful
Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any
person blocked pursuant to the RuHSR
other than the blocked entities listed in
the Annex to this general license, unless
separately authorized.
List of blocked entities described in
paragraph (a) of General License 40:
(a) Public Joint Stock Company
United Aircraft Corporation;
(b) Irkut Corporation Joint Stock
Company;
(c) Energotsentr Irkut;
(d) Irkut-Avtotrans;
(e) Irkut-Remstroi;
(f) Irkut-Stanko Service;
(g) Rapart Servisez;
(h) Sportivno-Ozdorovitelnyi Tsentr
Irkut-Zenit;
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47345
(i) Tipografiya Irkut;
(j) Joint Stock Company Ilyushin
Finance Company;
(k) Open Joint Stock Company
Ilyushin Aviation Complex;
(l) Public Joint Stock Company
Taganrog Aviation Scientific-Technical
Complex N.A. G.M. Beriev;
(m) Joint Stock Company Flight
Research Institute N.A. M.M. Gromov;
(n) Tupolev Public Joint Stock
Company;
(o) Limited Liability Company KapoAvtotrans;
(p) Limited Liability Company KapoZhilbitservis;
(q) Limited Liability Company
Networking Company Irkut; or
(r) Any entity in which one or more
of the above persons own, directly or
indirectly, individually or in the
aggregate, a 50 percent or greater
interest.
OFFICE OF FOREIGN ASSETS
CONTROL
Russian Harmful Foreign Activities
Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 41
Authorizing Certain Transactions
Related to Agricultural Equipment
(a) Except as provided in paragraph
(b) of this general license, all
transactions ordinarily incident and
necessary to the manufacture, sale, and
maintenance, including the provision
and receipt of warranty and
maintenance services, of agricultural
equipment, components, and spare parts
produced by Nefaz Publicly Traded
Company (‘‘Nefaz’’) or Public Joint
Stock Company Tutaev Motor Plant
(‘‘Tutaev Motor Plant’’), or any entity in
which Nefaz or Tutaev Motor Plant
owns, directly or indirectly,
individually or in the aggregate, a 50
percent or greater interest, that are
prohibited by the Russian Harmful
Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR),
are authorized through 12:01 a.m.
eastern standard time, December 22,
2022, provided that any payment to a
blocked person must be made into a
blocked account in accordance with the
RuHSR.
(b) This general license does not
authorize:
(1) The opening or maintaining of a
correspondent account or payablethrough account for or on behalf of any
entity subject to Directive 2 under
Executive Order (E.O.) 14024,
Prohibitions Related to Correspondent
or Payable-Through Accounts and
Processing of Transactions Involving
Certain Foreign Financial Institutions;
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Federal Register / Vol. 87, No. 148 / Wednesday, August 3, 2022 / Rules and Regulations
(2) Any debit to an account on the
books of a U.S. financial institution of
the Central Bank of the Russian
Federation, the National Wealth Fund of
the Russian Federation, or the Ministry
of Finance of the Russian Federation; or
(3) Any transaction prohibited by E.O.
14066, E.O. 14068, or E.O. 14071.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
OFFICE OF FOREIGN ASSETS
CONTROL
Russian Harmful Foreign Activities
Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 42
Authorizing Certain Transactions With
the Federal Security Service
(a) Except as provided in paragraph
(b) of this general license, all
transactions involving the Federal
Security Service (a.k.a. Federalnaya
Sluzhba Bezopasnosti) (a.k.a. FSB)
prohibited by Executive Order (E.O.)
14024 are authorized, provided that
such transactions and activities are
ordinarily incident and necessary to:
(1) Requesting, receiving, utilizing,
paying for, or dealing in licenses,
permits, certifications, or notifications
issued or registered by the Federal
Security Service for the importation,
distribution, or use of information
technology products in the Russian
Federation, provided that (i) the
exportation, reexportation, or provision
of any goods or technology that are
subject to the Export Administration
Regulations, 15 CFR parts 730 through
774, is licensed or otherwise authorized
by the Department of Commerce; and
(ii) the payment of any fees to the
Federal Security Service for such
licenses, permits, certifications, or
notifications does not exceed $5,000 in
any calendar year;
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Note to paragraph (a)(1). Except for the
limited purposes described in paragraph
(a)(1), this paragraph does not authorize the
exportation, reexportation, or provision of
goods or technology to or on behalf of the
Federal Security Service.
(2) Complying with law enforcement
or administrative actions or
investigations involving the Federal
Security Service; and
(3) Complying with rules and
regulations administered by the Federal
Security Service.
(b) This general license does not
authorize:
(1) Any transactions prohibited by
Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent
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17:44 Aug 02, 2022
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or Payable-Through Accounts and
Processing of Transactions Involving
Certain Foreign Financial Institutions;
(2) Any transactions prohibited by
Directive 4 under E.O. 14024,
Prohibitions Related to Transactions
Involving the Central Bank of the
Russian Federation, the National
Wealth Fund of the Russian Federation,
and the Ministry of Finance of the
Russian Federation; or
(3) Any transactions otherwise
prohibited by the Russian Harmful
Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any
person blocked pursuant to the RuHSR
other than the blocked person described
in paragraph (a) of this general license,
unless separately authorized.
Note 1 to General License No. 42. See
Cyber General License 1B for an
authorization for certain transactions with
the Federal Security Service prohibited by
E.O. 13694, as amended by E.O. 13757, the
Cyber-Related Sanctions Regulations, 31 CFR
part 578, the Weapons of Mass Destruction
Proliferators Sanctions Regulations, 31 CFR
part 544, and Section 224 of the Countering
America’s Adversaries Through Sanctions
Act (22 U.S.C. 9524).
Note 2 to General License No. 42. The
exportation, reexportation, sale, or supply,
directly or indirectly, from the United States,
or by a United States person, wherever
located, of any goods, services, or technology
to the so-called ‘‘Donetsk People’s Republic’’
or ‘‘Luhansk People’s Republic’’ (DNR/LNR)
regions of Ukraine, or such other regions of
Ukraine as may be determined by the
Secretary of the Treasury, in consultation
with the Secretary of State, pursuant to E.O.
14065, or to the Crimea region of Ukraine
remain prohibited pursuant to authorities
implemented by the Ukraine-/Russia-Related
Sanctions Regulations, 31 CFR part 589.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
OFFICE OF FOREIGN ASSETS
CONTROL
Russian Harmful Foreign Activities
Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 43
Divestment or Transfer of Debt or
Equity of, and Wind Down of Derivative
Contracts Involving, Public Joint Stock
Company Severstal or Nord Gold PLC
(a) Except as provided in paragraphs
(c) and (d) of this general license, all
transactions prohibited by Executive
Order (E.O.) 14024 that are ordinarily
incident and necessary to the
divestment or transfer of debt or equity
of Public Joint Stock Company Severstal
(‘‘Severstal’’) or Nord Gold PLC (‘‘Nord
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Gold’’), or any entity in which Severstal
or Nord Gold owns, directly or
indirectly, individually or in the
aggregate, a 50 percent or greater
interest, purchased prior to June 2, 2022
(‘‘covered debt or equity’’) are
authorized through 12:01 a.m. eastern
daylight time, August 31, 2022,
provided that any divestment or
transfer, or facilitation of divestment or
transfer, of covered debt or equity must
be to a non-U.S. person.
(b) Except as provided in paragraph
(d) of this general license, all
transactions prohibited by E.O. 14024
that are ordinarily incident and
necessary to the wind down of
derivative contracts entered into prior to
June 2, 2022 that (i) include a blocked
person described in paragraph (a) of this
general license as a counterparty or (ii)
are linked to covered debt or equity are
authorized through 12:01 a.m. eastern
daylight time, August 31, 2022,
provided that any payments to a
blocked person are made into a blocked
account in accordance with the Russian
Harmful Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR).
(c) Paragraph (a) of this general
license does not authorize:
(1) U.S. persons to sell, or to facilitate
the sale of, covered debt or equity to,
directly or indirectly, any person whose
property and interests in property are
blocked; or
(2) U.S. persons to purchase or invest
in, or to facilitate the purchase of or
investment in, directly or indirectly,
covered debt or equity, other than
purchases of or investments in covered
debt or equity that are ordinarily
incident and necessary to the
divestment or transfer of covered debt or
equity, as described in paragraph (a) of
this general license.
(d) This general license does not
authorize:
(1) Any transactions prohibited by
Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent
or Payable-Through Accounts and
Processing of Transactions Involving
Certain Foreign Financial Institutions;
(2) Any transactions prohibited by
Directive 4 under E.O. 14024,
Prohibitions Related to Transactions
Involving the Central Bank of the
Russian Federation, the National
Wealth Fund of the Russian Federation,
and the Ministry of Finance of the
Russian Federation; or
(3) Any transactions otherwise
prohibited by the RuHSR, including
transactions involving any person
blocked pursuant to the RuHSR other
than the persons described in paragraph
(a) of this general license, unless
separately authorized.
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Federal Register / Vol. 87, No. 148 / Wednesday, August 3, 2022 / Rules and Regulations
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022–16538 Filed 8–2–22; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 587
Publication of Russian Harmful
Foreign Activities Sanctions
Regulations Web General Licenses 45
and 46
Office of Foreign Assets
Control, Treasury.
AGENCY:
Publication of Web General
Licenses.
ACTION:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing two
general licenses (GLs) issued pursuant
to the Russian Harmful Foreign
Activities Sanctions Regulations: GL 45
and GL 46, each of which was
previously issued on OFAC’s website.
SUMMARY:
GL 45 and GL 46 were each
issued on July 22, 2022. See
SUPPLEMENTARY INFORMATION for
additional relevant dates.
DATES:
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:
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
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Background
On July 22, 2022, OFAC issued
pursuant to the Russian Harmful
Foreign Activities Sanctions
Regulations, 31 CFR part 587 (the
‘‘Regulations’’), GL 45 and GL 46, each
of which authorize certain transactions
prohibited by the Regulations. GL 45
expires at 12:01 a.m. eastern daylight
time, October 20, 2022. GL 46 does not
contain an expiration date.
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OFFICE OF FOREIGN ASSETS
CONTROL
OFFICE OF FOREIGN ASSETS
CONTROL
Russian Harmful Foreign Activities
Sanctions Regulations
Russian Harmful Foreign Activities
Sanctions Regulations
31 CFR Part 587
31 CFR Part 587
GENERAL LICENSE NO. 45
GENERAL LICENSE NO. 46
Authorizing Transactions Related to the
Wind Down of Certain Financial
Contracts Prohibited by Executive
Order 14071
Authorizing Transactions in Support of
an Auction Process To Settle Certain
Credit Derivative Transactions
Prohibited by Executive Order 14071
(a) Except as provided in paragraph
(b) of this general license, all
transactions prohibited by section
(1)(a)(i) of Executive Order (E.O.) 14071
that are ordinarily incident and
necessary to the wind down of financial
contracts or other agreements that were
entered into on or before June 6, 2022
and involve, or are linked to, debt or
equity issued by an entity in the Russian
Federation (‘‘covered contracts’’), are
authorized through 12:01 a.m. eastern
daylight time, October 20, 2022.
(a) Except as provided in paragraph
(d) of this general license, all
transactions related to the
establishment, administration,
participation in, and execution of an
auction process as announced by the
EMEA Credit Derivatives Determination
Committee (‘‘the auction’’) to settle
credit derivative transactions with a
reference entity of ‘‘the Russian
Federation’’ and prohibited by section
1(a)(i) of Executive Order (E.O.) 14071
are authorized.
(b) Except as provided in paragraph
(d) of this general license, the purchase
or receipt of debt obligations of the
Russian Federation by U.S. persons
prohibited by section 1(a)(i) of E.O.
14071 is authorized for the period
beginning two business days prior to the
announced date of the auction and
ending eight business days after the
conclusion of the auction.
(c) Except as provided in paragraph
(d) of this general license, all
transactions ordinarily incident and
necessary to facilitating, clearing, and
settling transactions authorized by
paragraph (a) or (b) of this general
license that are prohibited by section
1(a)(i) of E.O. 14071 are authorized.
(d) This general license does not
authorize any transactions otherwise
prohibited by the Russian Harmful
Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any
person blocked pursuant to the RuHSR,
unless separately authorized.
Note to paragraph (a). The transactions
authorized in paragraph (a) of this general
license include: (1) the purchase by U.S.
persons of debt or equity issued by an entity
in the Russian Federation where that
purchase is ordinarily incident and necessary
to the wind down of covered contracts; and
(2) the facilitating, clearing, and settling of a
purchase by U.S. persons of debt or equity
issued by an entity in the Russian Federation,
where that purchase is ordinarily incident
and necessary to the wind down of covered
contracts.
(b) This general license does not
authorize any transactions otherwise
prohibited by the Russian Harmful
Foreign Activities Sanctions
Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any
person blocked pursuant to the RuHSR,
unless separately authorized.
Note to General License No. 45. See
RuHSR General License No. 46 for an
authorization for certain transactions in
support of an auction process to settle credit
derivatives transactions prohibited by E.O.
14071.
Electronic Availability
47347
Bradley T. Smith,
Deputy Director, Office of Foreign Assets
Control.
Dated: July 22, 2022.
PO 00000
Bradley T. Smith,
Deputy Director, Office of Foreign Assets
Control.
Dated: July 22, 2022.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022–16537 Filed 8–2–22; 8:45 am]
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]]>Agencies
[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Rules and Regulations]
[Pages 47344-47347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16538]
=======================================================================
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 587
Publication of Russian Harmful Foreign Activities Sanctions
Regulations Web General Licenses 39, 40, 41, 42, and 43
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Publication of web general licenses.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is publishing five general licenses (GLs) issued
pursuant to the Russian Harmful Foreign Activities Sanctions
Regulations: GL 39, GL 40, GL 41, GL 42, and GL 43, each of which was
previously issued on OFAC's website.
DATES: GL 39, GL 40, GL 41, GL 42, and GL 43 were each issued on June
28, 2022. See SUPPLEMENTARY INFORMATION of this document for additional
relevant dates.
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.treas.gov/ofac.
Background
On June 28, 2022, OFAC issued GL 39, GL 40, GL 41, GL 42, and GL 43
on its website to authorize certain transactions otherwise prohibited
by the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR
part 587. GL 39 expires at 12:01 a.m. eastern daylight time, August 11,
2022. GL 41 expires at 12:01 a.m. eastern standard time, December 22,
2022. GL 43 expires at 12:01 a.m. eastern daylight time, August 31,
2022. GL 40 and GL 42 do not contain expiration dates. The texts of GLs
39, 40, 41, 42, and 43 are provided below.
[[Page 47345]]
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 39
Authorizing the Wind Down of Transactions Involving State Corporation
Rostec
(a) Except as provided in paragraph (b) of this general license,
all transactions ordinarily incident and necessary to the wind down of
any transaction involving State Corporation Rostec, or any entity
blocked not earlier than June 28, 2022 in which State Corporation
Rostec owns, directly or indirectly, a 50 percent or greater interest,
that are prohibited by Executive Order (E.O.) 14024 are authorized
through 12:01 a.m. eastern daylight time, August 11, 2022, provided
that any payment to a blocked person must be made into a blocked
account in accordance with the Russian Harmful Foreign Activities
Sanctions Regulations, 31 CFR part 587 (RuHSR).
(b) This general license does not authorize:
(1) Any transactions prohibited by Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent or Payable-Through Accounts and
Processing of Transactions Involving Certain Foreign Financial
Institutions;
(2) Any transactions prohibited by Directive 4 under E.O. 14024,
Prohibitions Related to Transactions Involving the Central Bank of the
Russian Federation, the National Wealth Fund of the Russian Federation,
and the Ministry of Finance of the Russian Federation; or
(3) Any transactions otherwise prohibited by the RuHSR, including
transactions involving any person blocked pursuant to the RuHSR other
than the blocked persons described in paragraph (a) of this general
license, unless separately authorized.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 40
Civil Aviation Safety
(a) Except as provided in paragraph (b), all transactions
ordinarily incident and necessary to the provision, exportation, or
reexportation of goods, technology, or services to ensure the safety of
civil aviation involving one or more of the blocked entities listed in
the Annex to this general license and that are prohibited by Executive
Order (E.O.) 14024 are authorized, provided that:
(1) The aircraft is registered in a jurisdiction solely outside of
the Russian Federation; and
(2) The goods, technology, or services that are provided, exported,
or reexported are for use on aircraft operated solely for civil
aviation purposes.
(b) This general license does not authorize:
(1) Any transactions prohibited by Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent or Payable-Through Accounts and
Processing of Transactions Involving Certain Foreign Financial
Institutions;
(2) Any transactions prohibited by Directive 4 under E.O. 14024,
Prohibitions Related to Transactions Involving the Central Bank of the
Russian Federation, the National Wealth Fund of the Russian Federation,
and the Ministry of Finance of the Russian Federation; or
(3) Any transactions otherwise prohibited by the Russian Harmful
Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any person blocked pursuant to the
RuHSR other than the blocked entities listed in the Annex to this
general license, unless separately authorized.
Note to General License 40. Nothing in this general license
relieves any person from compliance with any other Federal laws or
requirements of other Federal agencies, including export, reexport,
and transfer (in-country) licensing requirements maintained by the
Department of Commerce's Bureau of Industry and Security under the
Export Administration Regulations, 15 CFR parts 730-774.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
Annex--Blocked Entities Described in Paragraph (a) of General License
40
List of blocked entities described in paragraph (a) of General
License 40:
(a) Public Joint Stock Company United Aircraft Corporation;
(b) Irkut Corporation Joint Stock Company;
(c) Energotsentr Irkut;
(d) Irkut-Avtotrans;
(e) Irkut-Remstroi;
(f) Irkut-Stanko Service;
(g) Rapart Servisez;
(h) Sportivno-Ozdorovitelnyi Tsentr Irkut-Zenit;
(i) Tipografiya Irkut;
(j) Joint Stock Company Ilyushin Finance Company;
(k) Open Joint Stock Company Ilyushin Aviation Complex;
(l) Public Joint Stock Company Taganrog Aviation Scientific-
Technical Complex N.A. G.M. Beriev;
(m) Joint Stock Company Flight Research Institute N.A. M.M. Gromov;
(n) Tupolev Public Joint Stock Company;
(o) Limited Liability Company Kapo-Avtotrans;
(p) Limited Liability Company Kapo-Zhilbitservis;
(q) Limited Liability Company Networking Company Irkut; or
(r) Any entity in which one or more of the above persons own,
directly or indirectly, individually or in the aggregate, a 50 percent
or greater interest.
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 41
Authorizing Certain Transactions Related to Agricultural Equipment
(a) Except as provided in paragraph (b) of this general license,
all transactions ordinarily incident and necessary to the manufacture,
sale, and maintenance, including the provision and receipt of warranty
and maintenance services, of agricultural equipment, components, and
spare parts produced by Nefaz Publicly Traded Company (``Nefaz'') or
Public Joint Stock Company Tutaev Motor Plant (``Tutaev Motor Plant''),
or any entity in which Nefaz or Tutaev Motor Plant owns, directly or
indirectly, individually or in the aggregate, a 50 percent or greater
interest, that are prohibited by the Russian Harmful Foreign Activities
Sanctions Regulations, 31 CFR part 587 (RuHSR), are authorized through
12:01 a.m. eastern standard time, December 22, 2022, provided that any
payment to a blocked person must be made into a blocked account in
accordance with the RuHSR.
(b) This general license does not authorize:
(1) The opening or maintaining of a correspondent account or
payable-through account for or on behalf of any entity subject to
Directive 2 under Executive Order (E.O.) 14024, Prohibitions Related to
Correspondent or Payable-Through Accounts and Processing of
Transactions Involving Certain Foreign Financial Institutions;
[[Page 47346]]
(2) Any debit to an account on the books of a U.S. financial
institution of the Central Bank of the Russian Federation, the National
Wealth Fund of the Russian Federation, or the Ministry of Finance of
the Russian Federation; or
(3) Any transaction prohibited by E.O. 14066, E.O. 14068, or E.O.
14071.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 42
Authorizing Certain Transactions With the Federal Security Service
(a) Except as provided in paragraph (b) of this general license,
all transactions involving the Federal Security Service (a.k.a.
Federalnaya Sluzhba Bezopasnosti) (a.k.a. FSB) prohibited by Executive
Order (E.O.) 14024 are authorized, provided that such transactions and
activities are ordinarily incident and necessary to:
(1) Requesting, receiving, utilizing, paying for, or dealing in
licenses, permits, certifications, or notifications issued or
registered by the Federal Security Service for the importation,
distribution, or use of information technology products in the Russian
Federation, provided that (i) the exportation, reexportation, or
provision of any goods or technology that are subject to the Export
Administration Regulations, 15 CFR parts 730 through 774, is licensed
or otherwise authorized by the Department of Commerce; and (ii) the
payment of any fees to the Federal Security Service for such licenses,
permits, certifications, or notifications does not exceed $5,000 in any
calendar year;
Note to paragraph (a)(1). Except for the limited purposes
described in paragraph (a)(1), this paragraph does not authorize the
exportation, reexportation, or provision of goods or technology to
or on behalf of the Federal Security Service.
(2) Complying with law enforcement or administrative actions or
investigations involving the Federal Security Service; and
(3) Complying with rules and regulations administered by the
Federal Security Service.
(b) This general license does not authorize:
(1) Any transactions prohibited by Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent or Payable-Through Accounts and
Processing of Transactions Involving Certain Foreign Financial
Institutions;
(2) Any transactions prohibited by Directive 4 under E.O. 14024,
Prohibitions Related to Transactions Involving the Central Bank of the
Russian Federation, the National Wealth Fund of the Russian Federation,
and the Ministry of Finance of the Russian Federation; or
(3) Any transactions otherwise prohibited by the Russian Harmful
Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any person blocked pursuant to the
RuHSR other than the blocked person described in paragraph (a) of this
general license, unless separately authorized.
Note 1 to General License No. 42. See Cyber General License 1B
for an authorization for certain transactions with the Federal
Security Service prohibited by E.O. 13694, as amended by E.O. 13757,
the Cyber-Related Sanctions Regulations, 31 CFR part 578, the
Weapons of Mass Destruction Proliferators Sanctions Regulations, 31
CFR part 544, and Section 224 of the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9524).
Note 2 to General License No. 42. The exportation,
reexportation, sale, or supply, directly or indirectly, from the
United States, or by a United States person, wherever located, of
any goods, services, or technology to the so-called ``Donetsk
People's Republic'' or ``Luhansk People's Republic'' (DNR/LNR)
regions of Ukraine, or such other regions of Ukraine as may be
determined by the Secretary of the Treasury, in consultation with
the Secretary of State, pursuant to E.O. 14065, or to the Crimea
region of Ukraine remain prohibited pursuant to authorities
implemented by the Ukraine-/Russia-Related Sanctions Regulations, 31
CFR part 589.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 43
Divestment or Transfer of Debt or Equity of, and Wind Down of
Derivative Contracts Involving, Public Joint Stock Company Severstal or
Nord Gold PLC
(a) Except as provided in paragraphs (c) and (d) of this general
license, all transactions prohibited by Executive Order (E.O.) 14024
that are ordinarily incident and necessary to the divestment or
transfer of debt or equity of Public Joint Stock Company Severstal
(``Severstal'') or Nord Gold PLC (``Nord Gold''), or any entity in
which Severstal or Nord Gold owns, directly or indirectly, individually
or in the aggregate, a 50 percent or greater interest, purchased prior
to June 2, 2022 (``covered debt or equity'') are authorized through
12:01 a.m. eastern daylight time, August 31, 2022, provided that any
divestment or transfer, or facilitation of divestment or transfer, of
covered debt or equity must be to a non-U.S. person.
(b) Except as provided in paragraph (d) of this general license,
all transactions prohibited by E.O. 14024 that are ordinarily incident
and necessary to the wind down of derivative contracts entered into
prior to June 2, 2022 that (i) include a blocked person described in
paragraph (a) of this general license as a counterparty or (ii) are
linked to covered debt or equity are authorized through 12:01 a.m.
eastern daylight time, August 31, 2022, provided that any payments to a
blocked person are made into a blocked account in accordance with the
Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part
587 (RuHSR).
(c) Paragraph (a) of this general license does not authorize:
(1) U.S. persons to sell, or to facilitate the sale of, covered
debt or equity to, directly or indirectly, any person whose property
and interests in property are blocked; or
(2) U.S. persons to purchase or invest in, or to facilitate the
purchase of or investment in, directly or indirectly, covered debt or
equity, other than purchases of or investments in covered debt or
equity that are ordinarily incident and necessary to the divestment or
transfer of covered debt or equity, as described in paragraph (a) of
this general license.
(d) This general license does not authorize:
(1) Any transactions prohibited by Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent or Payable-Through Accounts and
Processing of Transactions Involving Certain Foreign Financial
Institutions;
(2) Any transactions prohibited by Directive 4 under E.O. 14024,
Prohibitions Related to Transactions Involving the Central Bank of the
Russian Federation, the National Wealth Fund of the Russian Federation,
and the Ministry of Finance of the Russian Federation; or
(3) Any transactions otherwise prohibited by the RuHSR, including
transactions involving any person blocked pursuant to the RuHSR other
than the persons described in paragraph (a) of this general license,
unless separately authorized.
[[Page 47347]]
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022-16538 Filed 8-2-22; 8:45 am]
BILLING CODE 4810-AL-P
