Corrections in the Iranian Transactions and Sanctions Regulations and Western Balkans Stabilization Regulations, 25491-25492 [2023-08870]

Download as PDF Federal Register / Vol. 88, No. 81 / Thursday, April 27, 2023 / Rules and Regulations incorporation or integration into an item not described on the USML, unless otherwise provided in the ITAR. The Department assesses that continuing to subject these capacitors (which are used in a wide swath of everyday commercial items, including commercial aircraft and Wi-Fi equipment) to the ITAR is unnecessary and would have significant negative consequences for global commerce, including the grounding of civil aircraft and the disruption of supply chains. In implementing this rule, the Department is also revising USML Category XI(c)(5) to clarify its structure and explain certain terms used therein to minimize the potential for uncertainty. The Department assesses that the benefits of this rulemaking outweigh any costs, that modifying the USML in this manner is the most cost-effective method to achieve the Department’s regulatory objectives on this matter, and that doing so will result in a net reduction of the burden on the regulated community. Executive Order 12988 The Department of State has reviewed this rulemaking in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Executive Order 13175 The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. Accordingly, the requirements of Executive Order 13175 do not apply to this rulemaking. Paperwork Reduction Act This rulemaking does not impose or revise any information collections subject to 44 U.S.C. Chapter 35. 2. In § 121.1, under Category XI, revise paragraph (c)(5) as follows: ■ § 121.1 The United States Munitions List. * * * * * Category XI—Military Electronics * * * * * (c) * * * (5) High-energy storage capacitors that: (i) Are capable of operating at greater than one hundred twenty-five volts (125 V); (ii) Have a repetition rate greater than or equal to six (6) discharges per minute; (iii) Have a full energy life greater than or equal to 10,000 discharges at greater than 0.2 Amps per Joule peak current; and (iv) Have any of the following: (A) Volumetric energy density greater than or equal to 1.5 J/cc; or (B) Mass energy density greater than or equal to 1.3 kJ/kg; Note to paragraph (c)(5): Volumetric energy density is Energy per unit Volume. Mass energy density is Energy per unit Mass, sometimes referred to as Gravimetric energy density or Specific energy. Energy (E = 1⁄2CV2, where C is Capacitance and V is the Voltage rating) in these calculations must not be confused with useful energy or extractable energy. * * * * * The Under Secretary of State for Arms Control and International Security, Bonnie Jenkins, having reviewed and approved this document, is delegating the authority to electronically sign this document to Jae E. Shin, who is the Director of the Office of Defense Trade Controls Compliance within the Directorate of Defense Trade Controls, for purposes of publication in the Federal Register. Jae E. Shin, Director, Office of Defense Trade Controls Compliance, Department of State. [FR Doc. 2023–08825 Filed 4–26–23; 8:45 am] BILLING CODE 4710–25–P List of Subjects in 22 CFR Part 121 Arms and munitions, Classified information, Exports. Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 121 is amended as follows: lotter on DSK11XQN23PROD with RULES1 PART 121—THE UNITED STATES MUNITIONS LIST 1. The authority citation for part 121 continues to read as follows: Authority: 22 U.S.C. 2752, 2778, 2797; 22 U.S.C. 2651a; Sec. 1514, Pub. L. 105–261, 112 Stat. 2175; E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223. VerDate Sep<11>2014 16:18 Apr 26, 2023 Jkt 259001 The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is adopting a final rule to correct a typographical error in the Iranian Transactions and Sanctions Regulations and to correct two typographical errors and incorporate one general license in the Western Balkans Stabilization Regulations. SUMMARY: DATES: This rule is effective April 27, 2023. 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 OFAC is amending the Iranian Transactions and Sanctions Regulations, 31 CFR part 560 (ITSR), to replace the word ‘‘insure’’ with the word ‘‘ensure’’ in § 560.528. OFAC is amending the Western Balkans Stabilization Regulations, 31 CFR part 588 (WBSR), to correct cross references in §§ 588.307 and 588.405. On December 21, 2022, OFAC issued an amendment to the WBSR (87 FR 78484). This amendment added a general license for activities of nongovernmental organizations to the WBSR, but because the amendment contained an error in the amendatory instructions, the general license could not be incorporated. OFAC is now amending the WBSR to redesignate a second general license currently in § 588.512 as § 588.513, and to properly add the nongovernmental organizations general license in § 588.512. Public Participation DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Parts 560 and 588 Corrections in the Iranian Transactions and Sanctions Regulations and Western Balkans Stabilization Regulations ■ 25491 Office of Foreign Assets Control, Treasury. ACTION: Final rule. AGENCY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 Because the amendment of the ITSR and the WBSR involves 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. E:\FR\FM\27APR1.SGM 27APR1 25492 Federal Register / Vol. 88, No. 81 / Thursday, April 27, 2023 / Rules and Regulations Paperwork Reduction Act Subpart B—General Definitions The collections of information related to the ITSR and the WBSR 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– 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. § 588.307 List of Subjects in 31 CFR Parts 560 and 588 § 588.512 Administrative practice and procedure, Banks, banking, Blocking of assets, Credit, Foreign trade, Penalties, Reporting and recordkeeping requirements, Sanctions, Securities, Services. For the reasons set forth in the preamble, OFAC amends 31 CFR parts 560 and 588 as follows: PART 560—IRANIAN TRANSACTIONS AND SANCTIONS REGULATIONS 1. The authority citation for part 560 continues to read as follows: ■ Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C. 2349aa–9, 7201–7211, 8501–8551, 8701–8795; 31 U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701–1706; Pub. L. 101– 410, 104 Stat. 890, as amended (28 U.S.C. 2461 note); E.O. 12613, 52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O. 12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 12959, 60 FR 24757, 3 CFR, 1995 Comp., p. 356; E.O. 13059, 62 FR 44531, 3 CFR, 1997 Comp., p. 217; E.O. 13599, 77 FR 6659, 3 CFR, 2012 Comp., p. 215; E.O. 13846, 83 FR 38939, 3 CFR, 2018 Comp., p. 854. Subpart E—Licenses, Authorizations, and Statements of Licensing Policy § 560.528 [Amended] 2. In § 560.528, remove ‘‘insure’’ and add in its place ‘‘ensure’’. ■ PART 588—WESTERN BALKANS STABILIZATION REGULATIONS 3. The authority citation for part 588 is revised to read as follows: lotter on DSK11XQN23PROD with RULES1 ■ Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701–1706; 22 U.S.C. 287c; Pub. L. 101–410, 104 Stat. 890, as amended (28 U.S.C. 2461 note); E.O. 13219, 66 FR 34777, 3 CFR, 2001 Comp., p. 778; E.O. 13304, 68 FR 32315, 3 CFR, 2004 Comp., p. 229; E.O. 14033, 86 FR 43905, 3 CFR, 2022 Comp., p. 591. VerDate Sep<11>2014 16:18 Apr 26, 2023 Jkt 259001 [Amended] 4. In § 588.307, in the heading for Note 1 to § 588.306, remove ‘‘§ 588.306’’ and add in its place ‘‘§ 588.307’’. ■ Subpart D—Interpretations § 588.405 [Amended] 5. In § 588.405, in Note 1 to § 588.405, remove ‘‘§ 588.5507’’ and add in its place ‘‘§ 588.507’’. ■ Subpart E—Licenses, Authorizations, and Statements of Licensing Policy [Redesignated as § 588.513] 6. Redesignate § 588.512 as § 588.513. ■ 7. Add new § 588.512 to read as follows: ■ § 588.512 Authorizing certain transactions in support of nongovernmental organizations’ activities. (a) Except as provided in paragraph (c) of this section, all transactions prohibited by this part that are ordinarily incident and necessary to the activities described in paragraph (b) of this section by a nongovernmental organization are authorized, provided that the nongovernmental organization is not a person whose property or interests in property are blocked pursuant to this part. (b) The activities referenced in paragraph (a) of this section are noncommercial activities designed to directly benefit the civilian population that fall into one of the following categories: (1) Activities to support humanitarian projects to meet basic human needs, including disaster, drought, or flood relief; food, nutrition, or medicine distribution; the provision of health services; assistance for vulnerable or displaced populations, including individuals with disabilities and the elderly; and environmental programs; (2) Activities to support democracy building, including activities to support rule of law, citizen participation, government accountability and transparency, human rights and fundamental freedoms, access to information, and civil society development projects; (3) Activities to support education, including combating illiteracy, increasing access to education, international exchanges, and assisting education reform projects; (4) Activities to support noncommercial development projects directly benefiting civilians, including those related to health, food security, and water and sanitation; PO 00000 Frm 00014 Fmt 4700 Sfmt 9990 (5) Activities to support environmental and natural resource protection, including the preservation and protection of threatened or endangered species, responsible and transparent management of natural resources, and the remediation of pollution or other environmental damage; and (6) Activities to support disarmament, demobilization, and reintegration (DDR) programs and peacebuilding, conflict prevention, and conflict resolution programs. (c) This section does not authorize funds transfers initiated or processed with knowledge or reason to know that the intended beneficiary of such transfers is a person blocked pursuant to this part, other than for the purpose of effecting the payment of taxes, fees, or import duties, or the purchase or receipt of permits, licenses, or public utility services. (d) Specific licenses may be issued on a case-by-case basis to authorize nongovernmental or other entities to engage in other activities designed to directly benefit the civilian population, including support for the removal of landmines and economic development projects directly benefiting the civilian population. Note 1 to § 588.512. This section does not relieve any person authorized thereunder from complying with any other applicable laws or regulations. Andrea M. Gacki, Director, Office of Foreign Assets Control. [FR Doc. 2023–08870 Filed 4–26–23; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 199 [Docket ID: DOD–2019–HA–0056] RIN 0720–AB73 TRICARE; Reimbursement of Ambulatory Surgery Centers and Outpatient Services Provided in Cancer and Children’s Hospitals Correction In rule document 2023–06452, appearing on pages 19844–19856 in the issue of Tuesday, April 4, 2023, make the following correction: On page 19844 in the third column, in the DATES section, ‘‘180 October 1, 2023’’ should read ‘‘October 1, 2023’’. [FR Doc. C1–2023–06452 Filed 4–26–23; 8:45 am] BILLING CODE 0099–10–P E:\FR\FM\27APR1.SGM 27APR1

Agencies

[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Unknown Section]
[Pages 25491-25492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08870]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Parts 560 and 588


Corrections in the Iranian Transactions and Sanctions Regulations 
and Western Balkans Stabilization 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 adopting a final rule to correct a typographical 
error in the Iranian Transactions and Sanctions Regulations and to 
correct two typographical errors and incorporate one general license in 
the Western Balkans Stabilization Regulations.

DATES: This rule is effective April 27, 2023.

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

    OFAC is amending the Iranian Transactions and Sanctions 
Regulations, 31 CFR part 560 (ITSR), to replace the word ``insure'' 
with the word ``ensure'' in Sec.  560.528.
    OFAC is amending the Western Balkans Stabilization Regulations, 31 
CFR part 588 (WBSR), to correct cross references in Sec. Sec.  588.307 
and 588.405. On December 21, 2022, OFAC issued an amendment to the WBSR 
(87 FR 78484). This amendment added a general license for activities of 
nongovernmental organizations to the WBSR, but because the amendment 
contained an error in the amendatory instructions, the general license 
could not be incorporated. OFAC is now amending the WBSR to redesignate 
a second general license currently in Sec.  588.512 as Sec.  588.513, 
and to properly add the nongovernmental organizations general license 
in Sec.  588.512.

Public Participation

    Because the amendment of the ITSR and the WBSR involves 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.

[[Page 25492]]

Paperwork Reduction Act

    The collections of information related to the ITSR and the WBSR 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 1505-0164. 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 Parts 560 and 588

    Administrative practice and procedure, Banks, banking, Blocking of 
assets, Credit, Foreign trade, Penalties, Reporting and recordkeeping 
requirements, Sanctions, Securities, Services.

    For the reasons set forth in the preamble, OFAC amends 31 CFR parts 
560 and 588 as follows:

PART 560--IRANIAN TRANSACTIONS AND SANCTIONS REGULATIONS

0
1. The authority citation for part 560 continues to read as follows:

    Authority:  3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C. 
2349aa-9, 7201-7211, 8501-8551, 8701-8795; 31 U.S.C. 321(b); 50 
U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890, as 
amended (28 U.S.C. 2461 note); E.O. 12613, 52 FR 41940, 3 CFR, 1987 
Comp., p. 256; E.O. 12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; 
E.O. 12959, 60 FR 24757, 3 CFR, 1995 Comp., p. 356; E.O. 13059, 62 
FR 44531, 3 CFR, 1997 Comp., p. 217; E.O. 13599, 77 FR 6659, 3 CFR, 
2012 Comp., p. 215; E.O. 13846, 83 FR 38939, 3 CFR, 2018 Comp., p. 
854.

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


Sec.  560.528  [Amended]

0
2. In Sec.  560.528, remove ``insure'' and add in its place ``ensure''.

PART 588--WESTERN BALKANS STABILIZATION REGULATIONS

0
3. The authority citation for part 588 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; 22 U.S.C. 287c; Pub. L. 101-410, 104 Stat. 890, as 
amended (28 U.S.C. 2461 note); E.O. 13219, 66 FR 34777, 3 CFR, 2001 
Comp., p. 778; E.O. 13304, 68 FR 32315, 3 CFR, 2004 Comp., p. 229; 
E.O. 14033, 86 FR 43905, 3 CFR, 2022 Comp., p. 591.

Subpart B--General Definitions


Sec.  588.307  [Amended]

0
4. In Sec.  588.307, in the heading for Note 1 to Sec.  588.306, remove 
``Sec.  588.306'' and add in its place ``Sec.  588.307''.

Subpart D--Interpretations


Sec.  588.405  [Amended]

0
5. In Sec.  588.405, in Note 1 to Sec.  588.405, remove ``Sec.  
588.5507'' and add in its place ``Sec.  588.507''.

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


Sec.  588.512  [Redesignated as Sec.  588.513]

0
6. Redesignate Sec.  588.512 as Sec.  588.513.


0
7. Add new Sec.  588.512 to read as follows:


Sec.  588.512  Authorizing certain transactions in support of 
nongovernmental organizations' activities.

    (a) Except as provided in paragraph (c) of this section, all 
transactions prohibited by this part that are ordinarily incident and 
necessary to the activities described in paragraph (b) of this section 
by a nongovernmental organization are authorized, provided that the 
nongovernmental organization is not a person whose property or 
interests in property are blocked pursuant to this part.
    (b) The activities referenced in paragraph (a) of this section are 
non-commercial activities designed to directly benefit the civilian 
population that fall into one of the following categories:
    (1) Activities to support humanitarian projects to meet basic human 
needs, including disaster, drought, or flood relief; food, nutrition, 
or medicine distribution; the provision of health services; assistance 
for vulnerable or displaced populations, including individuals with 
disabilities and the elderly; and environmental programs;
    (2) Activities to support democracy building, including activities 
to support rule of law, citizen participation, government 
accountability and transparency, human rights and fundamental freedoms, 
access to information, and civil society development projects;
    (3) Activities to support education, including combating 
illiteracy, increasing access to education, international exchanges, 
and assisting education reform projects;
    (4) Activities to support non-commercial development projects 
directly benefiting civilians, including those related to health, food 
security, and water and sanitation;
    (5) Activities to support environmental and natural resource 
protection, including the preservation and protection of threatened or 
endangered species, responsible and transparent management of natural 
resources, and the remediation of pollution or other environmental 
damage; and
    (6) Activities to support disarmament, demobilization, and 
reintegration (DDR) programs and peacebuilding, conflict prevention, 
and conflict resolution programs.
    (c) This section does not authorize funds transfers initiated or 
processed with knowledge or reason to know that the intended 
beneficiary of such transfers is a person blocked pursuant to this 
part, other than for the purpose of effecting the payment of taxes, 
fees, or import duties, or the purchase or receipt of permits, 
licenses, or public utility services.
    (d) Specific licenses may be issued on a case-by-case basis to 
authorize nongovernmental or other entities to engage in other 
activities designed to directly benefit the civilian population, 
including support for the removal of landmines and economic development 
projects directly benefiting the civilian population.

    Note 1 to Sec.  588.512. This section does not relieve any 
person authorized thereunder from complying with any other 
applicable laws or regulations.


Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2023-08870 Filed 4-26-23; 8:45 am]
BILLING CODE 4810-AL-P
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