South Sudan Sanctions Regulations, 31610-31622 [2023-10427]

Agencies

• DEPARTMENT OF THE TREASURY
• Office of Foreign Assets Control

[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Rules and Regulations]
[Pages 31610-31622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10427]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 558


South Sudan 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 adopting a final rule amending the South Sudan 
Sanctions Regulations to further implement an April 3, 2014 South 
Sudan-related Executive order and replacing the South Sudan Regulations 
that were published in abbreviated form on July 1, 2014 with a more 
comprehensive set of regulations that includes additional interpretive 
and definitional guidance, general licenses, and other regulatory 
provisions that will provide further guidance to the public.

DATES: This rule is effective May 18, 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

    On July 1, 2014, OFAC issued the South Sudan Sanctions Regulations, 
31 CFR part 558 (79 FR 37190, July 1, 2014) (the ``Regulations''), to 
implement Executive Order (E.O.) 13664 of April 3, 2014, ``Blocking 
Property of Certain Persons With Respect to South Sudan'' (79 FR 19283, 
April 7, 2014), pursuant to authorities delegated to the Secretary of 
the Treasury in E.O. 13664. The Regulations were initially issued in 
abbreviated form for the purpose of providing immediate guidance to the 
public. OFAC is revising the Regulations to further implement E.O. 
13664. OFAC is amending and reissuing the Regulations as a more 
comprehensive set of regulations that includes additional interpretive 
guidance and definitions, general licenses, and other regulatory 
provisions that will provide further guidance to the public. Due to the 
number of regulatory sections being updated or added, OFAC is reissuing 
the Regulations in their entirety.
    On April 3, 2014, the President, invoking the authority of, inter 
alia, the International Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.) (IEEPA), issued E.O. 13664. In E.O. 13664, the President found 
that the situation in and in relation to South Sudan, which has been 
marked by activities that threaten the peace, security, or stability of 
South Sudan and the surrounding region, including widespread violence 
and atrocities, human rights abuses, recruitment and use of child 
soldiers, attacks on peacekeepers, and obstruction of humanitarian 
operations, poses 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.
    Section 1(a) of E.O. 13664 blocks, with certain exceptions, all 
property and interests in property that are in the United States, that 
come within the United States, or that are or come within the 
possession or control of any U.S. person of: any person determined by 
the Secretary of the Treasury, in

[[Page 31611]]

consultation with the Secretary of State: (i) to be responsible for or 
complicit in, or to have engaged in, directly or indirectly, any of the 
following in or in relation to South Sudan: (A) actions or policies 
that threaten the peace, security, or stability of South Sudan; (B) 
actions or policies that threaten transitional agreements or undermine 
democratic processes or institutions in South Sudan; (C) actions or 
policies that have the purpose or effect of expanding or extending the 
conflict in South Sudan or obstructing reconciliation or peace talks or 
processes; (D) the commission of human rights abuses against persons in 
South Sudan; (E) the targeting of women, children, or any civilians 
through the commission of acts of violence (including killing, maiming, 
torture, or rape or other sexual violence), abduction, forced 
displacement, or attacks on schools, hospitals, religious sites, or 
locations where civilians are seeking refuge, or through conduct that 
would constitute a serious abuse or violation of human rights or a 
violation of international humanitarian law; (F) the use or recruitment 
of children by armed groups or armed forces in the context of the 
conflict in South Sudan; (G) the obstruction of the activities of 
international peacekeeping, diplomatic, or humanitarian missions in 
South Sudan, or of the delivery or distribution of, or access to, 
humanitarian assistance; or (H) attacks against United Nations 
missions, international security presences, or other peacekeeping 
operations; (ii) to be a leader of (A) an entity, including any 
government, rebel militia, or other group, that has, or whose members 
have, engaged in any of the activities described in subsection 1(a)(i) 
of E.O. 13664 or (B) an entity whose property and interests in property 
are blocked pursuant to E.O. 13664; (iii) to have materially assisted, 
sponsored, or provided financial, material, logistical, or 
technological support for, or goods or services in support of (A) any 
of the activities described in subsection 1(a)(i) of E.O. 13664 or (B) 
any person whose property and interests in property are blocked 
pursuant to E.O. 13664; or (iv) to be owned or controlled by, or to 
have acted or purported to act for or on behalf of, directly or 
indirectly, any person whose property and interests in property are 
blocked pursuant to E.O. 13664. The property and interests in property 
of the persons described above may not be transferred, paid, exported, 
withdrawn, or otherwise dealt in.
    In Section 2 of E.O. 13664, the President determined that the 
making of donations of the type of articles specified in section 
203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)), by, to, or for the benefit 
of any person whose property and interests in property are blocked 
pursuant to E.O. 13664 would seriously impair the President's ability 
to deal with the national emergency declared in E.O. 13664. The 
President therefore prohibited the donation of such items.
    Section 3 of E.O. 13664 provides that the prohibition on any 
transaction or dealing in blocked property or interests in property 
includes the making of any contribution or provision of funds, goods, 
or services by, to, or for the benefit of any person whose property and 
interests in property are blocked pursuant to E.O. 13664, and the 
receipt of any contribution or provision of funds, goods, or services 
from any such person.
    Section 5 of E.O. 13664 prohibits any transaction that evades or 
avoids, has the purpose of evading or avoiding, causes a violation of, 
or attempts to violate any of the prohibitions set forth in E.O. 13664, 
as well as any conspiracy formed to violate such prohibitions.
    Section 8 of E.O. 13664 authorizes the Secretary of the Treasury, 
in consultation with the Secretary of State, to take such actions, 
including the promulgation of rules and regulations, and to employ all 
powers granted to the President by IEEPA as may be necessary to carry 
out the purposes of E.O. 13664. Section 8 of E.O. 13664 also provides 
that the Secretary of the Treasury may redelegate any of these 
functions to other officers and agencies of the U.S. government. In 
furtherance of the purposes of E.O. 13664, OFAC is revising 31 CFR part 
558.
    The Regulations implement targeted sanctions that are directed at 
persons determined to meet the criteria set forth in Sec.  558.201 of 
the Regulations, as well as sanctions that may be set forth in any 
future Executive orders issued pursuant to the national emergency 
declared in E.O. 13664. The sanctions in E.O. 13664 do not generally 
prohibit trade or the provision of banking or other financial services 
to the country of South Sudan. Instead, the sanctions in E.O. 13664 
apply where the transaction or service in question involves property or 
interests in property that are blocked pursuant to these sanctions.
    Subpart A of the Regulations clarifies the relation of this part to 
other laws and regulations. Subpart B of the Regulations implements the 
prohibitions contained in sections 1, 2, 3, and 5 of E.O. 13664, as 
well as the prohibitions contained in any further Executive orders 
issued pursuant to the national emergency declared in E.O. 13664. See, 
e.g., Sec. Sec.  558.201 and 558.205. Persons designated by or under 
the authority of the Secretary of the Treasury pursuant to E.O. 13664, 
or otherwise blocked pursuant to E.O. 13664, as well as persons who are 
blocked pursuant to any further Executive orders issued pursuant to the 
national emergency declared in E.O. 13664, are referred to throughout 
the Regulations as ``persons whose property and interests in property 
are blocked pursuant to Sec.  558.201.'' The names of persons 
designated or identified as blocked pursuant to E.O. 13664, or any 
further Executive orders issued pursuant to the national emergency 
declared therein, are published on OFAC's Specially Designated 
Nationals and Blocked Persons List (SDN List), which is accessible via 
OFAC's website. Those names also are published in the Federal Register 
as they are added to the SDN List.
    Sections 558.202 and 558.203 of subpart B detail the effect of 
transfers of blocked property in violation of the Regulations and set 
forth the requirement to hold blocked funds, such as currency, bank 
deposits, or liquidated financial obligations, in interest-bearing 
blocked accounts. Section 558.204 of subpart B provides that all 
expenses incident to the maintenance of blocked tangible property shall 
be the responsibility of the owners and operators of such property, and 
that such expenses shall not be met from blocked funds, unless 
otherwise authorized. The section further provides that blocked 
property may, in OFAC's discretion, be sold or liquidated and the net 
proceeds placed in a blocked interest-bearing account in the name of 
the owner of the property.
    Section 558.205 of subpart B prohibits any transaction that evades 
or avoids, has the purpose of evading or avoiding, causes a violation 
of, or attempts to violate any of the prohibitions set forth in Sec.  
558.201 of the Regulations, and any conspiracy formed to violate such 
prohibitions.
    Section 558.206 of subpart B details transactions that are exempt 
from the prohibitions of the Regulations pursuant to section 203(b) of 
IEEPA (50 U.S.C. 1702(b)).
    In subpart C of the Regulations, new definitions are being added to 
other key terms used throughout the Regulations. Because these new 
definitions were inserted in alphabetical order, the definitions that 
were in the prior abbreviated set of regulations have been renumbered. 
Similarly, in subpart D, which contains interpretive sections regarding 
the Regulations, certain provisions have been renumbered and

[[Page 31612]]

others added to those in the prior abbreviated set of regulations. 
Section 558.411 of subpart D explains that the property and interests 
in property of an entity are blocked if the entity is directly or 
indirectly owned, whether individually or in the aggregate, 50 percent 
or more by one or more persons whose property and interests in property 
are blocked, whether or not the entity itself is incorporated into 
OFAC's SDN List.
    Transactions otherwise prohibited by the Regulations but found to 
be consistent with U.S. policy may be authorized by one of the general 
licenses contained in subpart E of the Regulations or by a specific 
license issued pursuant to the procedures described in subpart E of 31 
CFR part 501. General licenses and statements of licensing policy 
relating to this part also may be available through the South Sudan-
related sanctions page on OFAC's website: www.treas.gov/ofac.
    OFAC is adding a new general license to the Regulations, 
renumbering existing general licenses, and making technical edits to 
certain existing general licenses. The new general license, which 
authorizes U.S. financial institutions to invest and reinvest certain 
blocked assets, is being added at Sec.  558.506. Existing Sec.  
558.506, regarding the provision of legal services, is being renumbered 
as Sec.  558.507, and existing Sec.  558.507, regarding payments for 
legal services from funds originating outside the United States, is 
being renumbered as Sec.  558.508. The authorization for emergency 
medical services is being renumbered from existing Sec.  558.508 to 
Sec.  558.509, and OFAC is removing the requirement that the receipt of 
payment for emergency medical services be specifically licensed. 
Sections 558.509, 558.510, 558.511, and 558.512, authorizing official 
business of the U.S. government; official business of certain 
international organizations and entities; transactions in support of 
nongovernmental organizations; and transactions related to the 
provision of agricultural commodities, medicine, medical devices, and 
other items, respectively, are being renumbered as Sec. Sec.  588.510, 
558.511, 558.512, and 558.513, respectively.
    Subpart F of the Regulations refers to subpart C of part 501 for 
recordkeeping and reporting requirements. Subpart G of the Regulations 
describes the civil and criminal penalties applicable to violations of 
the Regulations, as well as the procedures governing the potential 
imposition of a civil monetary penalty or issuance of a Finding of 
Violation. Subpart G also refers to appendix A of part 501 for a more 
complete description of these procedures.
    Subpart H of the Regulations refers to subpart E of part 501 for 
applicable provisions relating to administrative procedures and 
contains a delegation of certain authorities of the Secretary of the 
Treasury. Subpart I of the Regulations sets forth a Paperwork Reduction 
Act notice.

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 collections of information related to the Regulations are 
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties 
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507), those collections of information have been approved by 
the Office of Management and Budget under control number 1505-0164. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection of 
information displays a valid control number.

List of Subjects in 31 CFR Part 558

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

    For the reasons set forth in the preamble, OFAC revises 31 CFR part 
558 to read as follows:

PART 558--SOUTH SUDAN SANCTIONS REGULATIONS

Subpart A--Relation of This Part to Other Laws and Regulations
Sec.
558.101 Relation of this part to other laws and regulations.
Subpart B--Prohibitions
558.201 Prohibited transactions.
558.202 Effect of transfers violating the provisions of this part.
558.203 Holding of funds in interest-bearing accounts; investment 
and reinvestment.
558.204 Expenses of maintaining blocked tangible property; 
liquidation of blocked property.
558.205 Evasions; attempts; causing violations; conspiracies.
558.206 Exempt transactions.
Subpart C--General Definitions
558.300 Applicability of definitions.
558.301 Blocked account; blocked property.
558.302 Effective date.
558.303 Entity.
558.304 Financial, material, logistical, or technological support.
558.305 [Reserved]
558.306 Interest.
558.307 Licenses; general and specific.
558.308 OFAC.
558.309 Person.
558.310 Property; property interest.
558.311 Transfer.
558.312 United States.
558.313 United States person; U.S. person.
558.314 U.S. financial institution.
Subpart D--Interpretations
558.401 Reference to amended sections.
558.402 Effect of amendment.
558.403 Termination and acquisition of an interest in blocked 
property.
558.404 Transactions ordinarily incident to a licensed transaction.
558.405 Provision and receipt of services.
558.406 Offshore transactions involving blocked property.
558.407 Payments from blocked accounts to satisfy obligations 
prohibited.
558.408 Charitable contributions.
558.409 Credit extended and cards issued by financial institutions 
to a person whose property and interests in property are blocked.
558.410 Setoffs prohibited.
558.411 Entities owned by one or more persons whose property and 
interests in property are blocked.
Subpart E--Licenses, Authorizations, and Statements of Licensing Policy
558.501 General and specific licensing procedures.
558.502 Effect of license or other authorization.
558.503 Exclusion from licenses.
558.504 Payments and transfers to blocked accounts in U.S. financial 
institutions.
558.505 Entries in certain accounts for normal service charges.
558.506 Investment and reinvestment of certain funds.
558.507 Provision of certain legal services.
558.508 Payments for legal services from funds originating outside 
the United States.
558.509 Emergency medical services.
558.510 Official business of the United States government.
558.511 Official business of certain international organizations and 
entities.
558.512 Certain transactions in support of nongovernmental 
organizations' activities.
558.513 Transactions related to the provision of agricultural 
commodities, medicine, medical devices, replacement parts and 
components, or software

[[Page 31613]]

updates for personal, non-commercial use.
Subpart F--Reports
558.601 Records and reports.
Subpart G--Penalties and Findings of Violation
558.701 Penalties.
558.702 Pre-Penalty Notice; settlement.
558.703 Penalty imposition.
558.704 Administrative collection; referral to United States 
Department of Justice.
558.705 Findings of Violation.
Subpart H--Procedures
558.801 Procedures.
558.802 Delegation of certain authorities of the Secretary of the 
Treasury.
Subpart I--Paperwork Reduction Act
558.901 Paperwork Reduction Act notice.

    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, as amended (28 U.S.C. 
2461 note); E.O. 13664, 79 FR 19283, 3 CFR, 2014 Comp., p. 238.

Subpart A--Relation of This Part to Other Laws and Regulations


Sec.  558.101  Relation of this part to other laws and regulations.

    This part is separate from, and independent of, the other parts of 
this chapter, with the exception of part 501 of this chapter, the 
recordkeeping and reporting requirements and license application and 
other procedures of which apply to this part. Actions taken pursuant to 
part 501 of this chapter with respect to the prohibitions contained in 
this part are considered actions taken pursuant to this part. Differing 
foreign policy and national security circumstances may result in 
differing interpretations of similar language among the parts of this 
chapter. No license or authorization contained in or issued pursuant to 
those other parts authorizes any transaction prohibited by this part. 
No license or authorization contained in or issued pursuant to any 
other provision of law or regulation authorizes any transaction 
prohibited by this part. No license or authorization contained in or 
issued pursuant to this part relieves the involved parties from 
complying with any other applicable laws or regulations.

Subpart B--Prohibitions


Sec.  558.201  Prohibited transactions.

    (a) All property and interests in property that are in the United 
States, that come within the United States, or that are or come within 
the possession or control of any U.S. person of the following persons 
are blocked and may not be transferred, paid, exported, withdrawn, or 
otherwise dealt in:
    (1) Any person determined by the Secretary of the Treasury, in 
consultation with the Secretary of State:
    (i) To be responsible for or complicit in, or to have engaged in, 
directly or indirectly, any of the following in or in relation to South 
Sudan:
    (A) Actions or policies that threaten the peace, security, or 
stability of South Sudan;
    (B) Actions or policies that threaten transitional agreements or 
undermine democratic processes or institutions in South Sudan;
    (C) Actions or policies that have the purpose or effect of 
expanding or extending the conflict in South Sudan or obstructing 
reconciliation or peace talks or processes;
    (D) The commission of human rights abuses against persons in South 
Sudan;
    (E) The targeting of women, children, or any civilians through the 
commission of acts of violence (including killing, maiming, torture, or 
rape or other sexual violence), abduction, forced displacement, or 
attacks on schools, hospitals, religious sites, or locations where 
civilians are seeking refuge, or through conduct that would constitute 
a serious abuse or violation of human rights or a violation of 
international humanitarian law;
    (F) The use or recruitment of children by armed groups or armed 
forces in the context of the conflict in South Sudan;
    (G) The obstruction of the activities of international 
peacekeeping, diplomatic, or humanitarian missions in South Sudan, or 
of the delivery or distribution of, or access to, humanitarian 
assistance; or
    (H) Attacks against United Nations missions, international security 
presences, or other peacekeeping operations;
    (ii) To be a leader of:
    (A) An entity, including any government, rebel militia, or other 
group, that has, or whose members have, engaged in any of the 
activities described in paragraph (a)(1)(i) of this section; or
    (B) An entity whose property and interests in property are blocked 
pursuant to E.O. 13664;
    (iii) To have materially assisted, sponsored, or provided 
financial, material, logistical, or technological support for, or goods 
or services in support of:
    (A) Any of the activities described in paragraph (a)(1)(i) of this 
section; or
    (B) Any person whose property and interests in property are blocked 
pursuant to E.O. 13664; or
    (iv) To be owned or controlled by, or to have acted or purported to 
act for or on behalf of, directly or indirectly, any person whose 
property and interests in property are blocked pursuant to E.O. 13664.
    (b) The prohibitions in paragraph (a) of this section include 
prohibitions on the following transactions:
    (1) The making of any contribution or provision of funds, goods, or 
services by, to, or for the benefit of any person whose property and 
interests in property are blocked pursuant to paragraph (a) of this 
section; and
    (2) The receipt of any contribution or provision of funds, goods, 
or services from any person whose property and interests in property 
are blocked pursuant to paragraph (a) of this section.
    (c) Unless authorized by this part or by a specific license 
expressly referring to this part, any dealing in securities (or 
evidence thereof) held within the possession or control of a U.S. 
person and either registered or inscribed in the name of, or known to 
be held for the benefit of, or issued by, any person whose property and 
interests in property are blocked pursuant to paragraph (a) of this 
section is prohibited. This prohibition includes the transfer 
(including the transfer on the books of any issuer or agent thereof), 
disposition, transportation, importation, exportation, or withdrawal 
of, or the endorsement or guaranty of signatures on, any securities on 
or after the effective date. This prohibition applies irrespective of 
the fact that at any time (whether prior to, on, or subsequent to the 
effective date) the registered or inscribed owner of any such 
securities may have or might appear to have assigned, transferred, or 
otherwise disposed of the securities.
    (d) The prohibitions in paragraph (a) of this section apply except 
to the extent provided by statutes, or in regulations, rulings, 
instructions, orders, directives, or licenses that may be issued 
pursuant to this part, and notwithstanding any contract entered into or 
any license or permit granted prior to the effective date.
    (e) All transactions prohibited pursuant to any Executive order 
issued after April 3, 2014 pursuant to the national emergency declared 
in E.O. 13664 of April 3, 2014 are prohibited pursuant to this part.

    Note 1 to Sec.  558.201. The names of persons designated or 
identified as blocked pursuant to E.O. 13664, or any further 
Executive orders issued pursuant to the national emergency declared 
therein, whose property and interests in property therefore are 
blocked pursuant to this section, are published in the Federal 
Register and incorporated into OFAC's Specially Designated Nationals 
and Blocked Persons List (SDN List) using the following identifiers: 
for E.O. 13664:

[[Page 31614]]

``[SOUTH SUDAN]''; and for any further Executive orders issued 
pursuant to the national emergency declared in E.O. 13664: using the 
identifier formulation ``[SOUTH SUDAN-E.O.[E.O. number pursuant to 
which the person's property and interests in property are 
blocked]].'' The SDN List is accessible through the following page 
on OFAC's website: www.treas.gov/sdn. Additional information 
pertaining to the SDN List can be found in appendix A to this 
chapter. See Sec.  558.411 concerning entities that may not be 
listed on the SDN List but whose property and interests in property 
are nevertheless blocked pursuant to this section.


    Note 2 to Sec.  558.201. The International Emergency Economic 
Powers Act (50 U.S.C. 1701 et seq.), in section 203 (50 U.S.C. 
1702), authorizes the blocking of property and interests in property 
of a person during the pendency of an investigation. The names of 
persons whose property and interests in property are blocked pending 
investigation pursuant to this section also are published in the 
Federal Register and incorporated into the SDN List using the 
following identifiers: for E.O. 13664: ``[BPI-SOUTH SUDAN]''; for 
any further Executive orders issued pursuant to the national 
emergency declared in E.O. 13664: using the identifier formulation 
``[BPI-SOUTH SUDAN-E.O.[E.O. number pursuant to which the person's 
property and interests in property are blocked pending 
investigation]].''


    Note 3 to Sec.  558.201. Sections 501.806 and 501.807 of this 
chapter describe the procedures to be followed by persons seeking, 
respectively, the unblocking of funds that they believe were blocked 
due to mistaken identity, or administrative reconsideration of their 
status as persons whose property and interests in property are 
blocked pursuant to this section.

Sec.  558.202  Effect of transfers violating the provisions of this 
part.

    (a) Any transfer after the effective date that is in violation of 
any provision of this part or of any regulation, ruling, instruction, 
order, directive, or license issued pursuant to this part, and that 
involves any property or interest in property blocked pursuant to Sec.  
558.201, is null and void and shall not be the basis for the assertion 
or recognition of any interest in or right, remedy, power, or privilege 
with respect to such property or interest in property.
    (b) No transfer before the effective date shall be the basis for 
the assertion or recognition of any right, remedy, power, or privilege 
with respect to, or any interest in, any property or interest in 
property blocked pursuant to Sec.  558.201, unless the person who holds 
or maintains such property, prior to that date, had written notice of 
the transfer or by any written evidence had recognized such transfer.
    (c) Unless otherwise provided, a license or other authorization 
issued by OFAC before, during, or after a transfer shall validate such 
transfer or make it enforceable to the same extent that it would be 
valid or enforceable but for the provisions of this part and any 
regulation, ruling, instruction, order, directive, or license issued 
pursuant to this part.
    (d) Transfers of property that otherwise would be null and void or 
unenforceable by virtue of the provisions of this section shall not be 
deemed to be null and void or unenforceable as to any person with whom 
such property is or was held or maintained (and as to such person only) 
in cases in which such person is able to establish to the satisfaction 
of OFAC each of the following:
    (1) Such transfer did not represent a willful violation of the 
provisions of this part by the person with whom such property is or was 
held or maintained (and as to such person only);
    (2) The person with whom such property is or was held or maintained 
did not have reasonable cause to know or suspect, in view of all the 
facts and circumstances known or available to such person, that such 
transfer required a license or authorization issued pursuant to this 
part and was not so licensed or authorized, or, if a license or 
authorization did purport to cover the transfer, that such license or 
authorization had been obtained by misrepresentation of a third party 
or withholding of material facts or was otherwise fraudulently 
obtained; and
    (3) The person with whom such property is or was held or maintained 
filed with OFAC a report setting forth in full the circumstances 
relating to such transfer promptly upon discovery that:
    (i) Such transfer was in violation of the provisions of this part 
or any regulation, ruling, instruction, order, directive, license, or 
other directive or authorization issued pursuant to this part;
    (ii) Such transfer was not licensed or authorized by OFAC; or
    (iii) If a license did purport to cover the transfer, such license 
had been obtained by misrepresentation of a third party or withholding 
of material facts or was otherwise fraudulently obtained.
    (e) The filing of a report in accordance with the provisions of 
paragraph (d)(3) of this section shall not be deemed evidence that the 
terms of paragraphs (d)(1) and (2) of this section have been satisfied.
    (f) Unless licensed pursuant to this part, any attachment, 
judgment, decree, lien, execution, garnishment, or other judicial 
process is null and void with respect to any property or interest in 
property blocked pursuant to Sec.  558.201.


Sec.  558.203  Holding of funds in interest-bearing accounts; 
investment and reinvestment.

    (a) Except as provided in paragraph (e) or (f) of this section, or 
as otherwise directed or authorized by OFAC, any U.S. person holding 
funds, such as currency, bank deposits, or liquidated financial 
obligations, subject to Sec.  558.201 shall hold or place such funds in 
a blocked interest-bearing account located in the United States.
    (b)(1) For the purposes of this section, the term blocked interest-
bearing account means a blocked account:
    (i) In a federally insured U.S. bank, thrift institution, or credit 
union, provided the funds are earning interest at rates that are 
commercially reasonable; or
    (ii) With a broker or dealer registered with the Securities and 
Exchange Commission under the Securities Exchange Act of 1934 (15 
U.S.C. 78a et seq.), provided the funds are invested in a money market 
fund or in U.S. Treasury bills.
    (2) Funds held or placed in a blocked account pursuant to paragraph 
(a) of this section may not be invested in instruments the maturity of 
which exceeds 180 days.
    (c) For the purposes of this section, a rate is commercially 
reasonable if it is the rate currently offered to other depositors on 
deposits or instruments of comparable size and maturity.
    (d) For the purposes of this section, if interest is credited to a 
separate blocked account or subaccount, the name of the account party 
on each account must be the same.
    (e) Blocked funds held in instruments the maturity of which exceeds 
180 days at the time the funds become subject to Sec.  558.201 may 
continue to be held until maturity in the original instrument, provided 
any interest, earnings, or other proceeds derived therefrom are paid 
into a blocked interest-bearing account in accordance with paragraph 
(a) or (f) of this section.
    (f) Blocked funds held in accounts or instruments outside the 
United States at the time the funds become subject to Sec.  558.201 may 
continue to be held in the same type of accounts or instruments, 
provided the funds earn interest at rates that are commercially 
reasonable.
    (g) This section does not create an affirmative obligation for the 
holder of blocked tangible property, such as real or personal property, 
or of other blocked property, such as debt or equity securities, to 
sell or liquidate such property. However, OFAC may issue licenses 
permitting or directing such sales or liquidation in appropriate cases.

[[Page 31615]]

    (h) Funds blocked pursuant to Sec.  558.201 may not be held, 
invested, or reinvested in a manner that provides financial or economic 
benefit or access to any person whose property and interests in 
property are blocked pursuant to Sec.  558.201, nor may their holder 
cooperate in or facilitate the pledging or other attempted use as 
collateral of blocked funds or other assets.


Sec.  558.204  Expenses of maintaining blocked tangible property; 
liquidation of blocked property.

    (a) Except as otherwise authorized, and notwithstanding the 
existence of any rights or obligations conferred or imposed by any 
international agreement or contract entered into or any license or 
permit granted prior to the effective date, all expenses incident to 
the maintenance of tangible property blocked pursuant to Sec.  558.201 
shall be the responsibility of the owners or operators of such 
property, which expenses shall not be met from blocked funds.
    (b) Property blocked pursuant to Sec.  558.201 may, in the 
discretion of OFAC, be sold or liquidated and the net proceeds placed 
in a blocked interest-bearing account in the name of the owner of the 
property.


Sec.  558.205  Evasions; attempts; causing violations; conspiracies.

    (a) Any transaction on or after the effective date that evades or 
avoids, has the purpose of evading or avoiding, causes a violation of, 
or attempts to violate any of the prohibitions set forth in this part 
is prohibited.
    (b) Any conspiracy formed to violate the prohibitions set forth in 
this part is prohibited.


Sec.  558.206  Exempt transactions.

    The prohibitions contained in this part do not apply to any 
transactions that are exempt pursuant to section 203(b) of the 
International Emergency Economic Powers Act (50 U.S.C. 1702(b)).

Subpart C--General Definitions


Sec.  558.300  Applicability of definitions.

    The definitions in this subpart apply throughout the entire part.


Sec.  558.301  Blocked account; blocked property.

    The terms blocked account and blocked property mean any account or 
property subject to the prohibitions in Sec.  558.201 held in the name 
of a person whose property and interests in property are blocked 
pursuant to Sec.  558.201, or in which such person has an interest, and 
with respect to which payments, transfers, exportations, withdrawals, 
or other dealings may not be made or effected except pursuant to a 
license or other authorization from OFAC expressly authorizing such 
action.

    Note 1 to Sec.  558.301. See Sec.  558.411 concerning the 
blocked status of property and interests in property of an entity 
that is directly or indirectly owned, whether individually or in the 
aggregate, 50 percent or more by one or more persons whose property 
and interests in property are blocked pursuant to Sec.  558.201.

Sec.  558.302  Effective date.

    (a) The term effective date refers to the effective date of the 
applicable prohibitions and directives contained in this part, and, 
with respect to a person whose property and interests in property are 
blocked pursuant to Sec.  558.201, the earlier of the date of actual or 
constructive notice that such person's property and interests in 
property are blocked.
    (b) For the purposes of this section, constructive notice is the 
date that a notice of the blocking of the relevant person's property 
and interests in property is published in the Federal Register.


Sec.  558.303  Entity.

    The term entity means a partnership, association, trust, joint 
venture, corporation, group, subgroup, or other organization.


Sec.  558.304  Financial, material, logistical, or technological 
support.

    The term financial, material, logistical, or technological support 
means any property, tangible or intangible, including currency, 
financial instruments, securities, or any other transmission of value; 
weapons or related materiel; chemical or biological agents; explosives; 
false documentation or identification; communications equipment; 
computers; electronic or other devices or equipment; technologies; 
lodging; safe houses; facilities; vehicles or other means of 
transportation; or goods. ``Technologies'' as used in this section 
means specific information necessary for the development, production, 
or use of a product, including related technical data such as 
blueprints, plans, diagrams, models, formulae, tables, engineering 
designs and specifications, manuals, or other recorded instructions.


Sec.  558.305  [Reserved]


Sec.  558.306  Interest.

    Except as otherwise provided in this part, the term interest, when 
used with respect to property (e.g., ``an interest in property''), 
means an interest of any nature whatsoever, direct or indirect.


Sec.  558.307  Licenses; general and specific.

    (a) Except as otherwise provided in this part, the term license 
means any license or authorization contained in or issued pursuant to 
this part.
    (b) The term general license means any license or authorization the 
terms of which are set forth in subpart E of this part or made 
available on OFAC's website: www.treas.gov/ofac.
    (c) The term specific license means any license or authorization 
issued pursuant to this part but not set forth in subpart E of this 
part or made available on OFAC's website: www.treas.gov/ofac.

    Note 1 to Sec.  558.307. See Sec.  501.801 of this chapter on 
licensing procedures.

Sec.  558.308  OFAC.

    The term OFAC means the Department of the Treasury's Office of 
Foreign Assets Control.


Sec.  558.309  Person.

    The term person means an individual or entity.


Sec.  558.310  Property; property interest.

    The terms property and property interest include money, checks, 
drafts, bullion, bank deposits, savings accounts, debts, indebtedness, 
obligations, notes, guarantees, debentures, stocks, bonds, coupons, any 
other financial instruments, bankers acceptances, mortgages, pledges, 
liens or other rights in the nature of security, warehouse receipts, 
bills of lading, trust receipts, bills of sale, any other evidences of 
title, ownership, or indebtedness, letters of credit and any documents 
relating to any rights or obligations thereunder, powers of attorney, 
goods, wares, merchandise, chattels, stocks on hand, ships, goods on 
ships, real estate mortgages, deeds of trust, vendors' sales 
agreements, land contracts, leaseholds, ground rents, real estate and 
any other interest therein, options, negotiable instruments, trade 
acceptances, royalties, book accounts, accounts payable, judgments, 
patents, trademarks or copyrights, insurance policies, safe deposit 
boxes and their contents, annuities, pooling agreements, services of 
any nature whatsoever, contracts of any nature whatsoever, and any 
other property, real, personal, or mixed, tangible or intangible, or 
interest or interests therein, present, future, or contingent.


Sec.  558.311  Transfer.

    The term transfer means any actual or purported act or transaction, 
whether or

[[Page 31616]]

not evidenced by writing, and whether or not done or performed within 
the United States, the purpose, intent, or effect of which is to 
create, surrender, release, convey, transfer, or alter, directly or 
indirectly, any right, remedy, power, privilege, or interest with 
respect to any property. Without limitation on the foregoing, it shall 
include the making, execution, or delivery of any assignment, power, 
conveyance, check, declaration, deed, deed of trust, power of attorney, 
power of appointment, bill of sale, mortgage, receipt, agreement, 
contract, certificate, gift, sale, affidavit, or statement; the making 
of any payment; the setting off of any obligation or credit; the 
appointment of any agent, trustee, or fiduciary; the creation or 
transfer of any lien; the issuance, docketing, filing, or levy of or 
under any judgment, decree, attachment, injunction, execution, or other 
judicial or administrative process or order, or the service of any 
garnishment; the acquisition of any interest of any nature whatsoever 
by reason of a judgment or decree of any foreign country; the 
fulfillment of any condition; the exercise of any power of appointment, 
power of attorney, or other power; or the acquisition, disposition, 
transportation, importation, exportation, or withdrawal of any 
security.


Sec.  558.312  United States.

    The term United States means the United States, its territories and 
possessions, and all areas under the jurisdiction or authority thereof.


Sec.  558.313  United States person; U.S. person.

    The term United States person or U.S. person means any United 
States citizen, permanent resident alien, entity organized under the 
laws of the United States or any jurisdiction within the United States 
(including foreign branches), or any person in the United States.


Sec.  558.314  U.S. financial institution.

    The term U.S. financial institution means any U.S. entity 
(including its foreign branches) that is engaged in the business of 
accepting deposits, making, granting, transferring, holding, or 
brokering loans or credits, purchasing or selling foreign exchange, 
securities, futures or options, or procuring purchasers and sellers 
thereof, as principal or agent. It includes depository institutions, 
banks, savings banks, money services businesses, operators of credit 
card systems, trust companies, insurance companies, securities brokers 
and dealers, futures and options brokers and dealers, forward contract 
and foreign exchange merchants, securities and commodities exchanges, 
clearing corporations, investment companies, employee benefit plans, 
dealers in precious metals, stones, or jewels, and U.S. holding 
companies, U.S. affiliates, or U.S. subsidiaries of any of the 
foregoing. This term includes those branches, offices, and agencies of 
foreign financial institutions that are located in the United States, 
but not such institutions' foreign branches, offices, or agencies.

Subpart D--Interpretations


Sec.  558.401  Reference to amended sections.

    (a) Reference to any section in this part is a reference to the 
same as currently amended, unless the reference includes a specific 
date. See 44 U.S.C. 1510.
    (b) Reference to any regulation, ruling, instruction, order, 
directive, or license issued pursuant to this part is a reference to 
the same as currently amended unless otherwise specified.


Sec.  558.402  Effect of amendment.

    Unless otherwise specifically provided, any amendment, 
modification, or revocation of any provision in or appendix to this 
part or chapter or of any regulation, ruling, instruction, order, 
directive, or license issued by OFAC does not affect any act done or 
omitted, or any civil or criminal proceeding commenced or pending, 
prior to such amendment, modification, or revocation. All penalties, 
forfeitures, and liabilities under any such regulation, ruling, 
instruction, order, directive, or license continue and may be enforced 
as if such amendment, modification, or revocation had not been made.


Sec.  558.403  Termination and acquisition of an interest in blocked 
property.

    (a) Whenever a transaction licensed or authorized by or pursuant to 
this part results in the transfer of property (including any property 
interest) away from a person whose property and interests in property 
are blocked pursuant to Sec.  558.201, such property shall no longer be 
deemed to be property blocked pursuant to Sec.  558.201, unless there 
exists in the property another interest that is blocked pursuant to 
Sec.  558.201, the transfer of which has not been effected pursuant to 
license or other authorization.
    (b) Unless otherwise specifically provided in a license or 
authorization issued pursuant to this part, if property (including any 
property interest) is transferred or attempted to be transferred to a 
person whose property and interests in property are blocked pursuant to 
Sec.  558.201, such property shall be deemed to be property in which 
such person has an interest and therefore blocked.


Sec.  558.404  Transactions ordinarily incident to a licensed 
transaction.

    (a) Any transaction ordinarily incident to a licensed transaction 
and necessary to give effect thereto is also authorized, except:
    (1) An ordinarily incident transaction, not explicitly authorized 
within the terms of the license, by or with a person whose property and 
interests in property are blocked pursuant to Sec.  558.201; or
    (2) An ordinarily incident transaction, not explicitly authorized 
within the terms of the license, involving a debit to a blocked account 
or a transfer of blocked property.
    (b) For example, a license authorizing a person to complete a 
securities sale involving Company A, whose property and interests in 
property are blocked pursuant to Sec.  558.201, also authorizes other 
persons to engage in activities that are ordinarily incident and 
necessary to complete the sale, including transactions by the buyer, 
broker, transfer agents, and banks, provided that such other persons 
are not themselves persons whose property and interests in property are 
blocked pursuant to Sec.  558.201.


Sec.  558.405  Provision and receipt of services.

    (a) The prohibitions contained in Sec.  558.201 apply to services 
performed in the United States or by U.S. persons, wherever located:
    (1) On behalf of or for the benefit of any person whose property 
and interests in property are blocked pursuant to Sec.  558.201; or
    (2) With respect to property interests of any person whose property 
and interests in property are blocked pursuant to Sec.  558.201.
    (b) The prohibitions on transactions contained in Sec.  558.201 
apply to services received in the United States or by U.S. persons, 
wherever located, where the service is performed by, or at the 
direction of, a person whose property and interests in property are 
blocked pursuant to Sec.  558.201.
    (c) For example, U.S. persons may not, except as authorized by or 
pursuant to this part, provide legal, accounting, financial, brokering, 
freight forwarding, transportation, public relations, or other services 
to any person whose property and interests in property are blocked 
pursuant to Sec.  558.201, or negotiate with or enter into contracts 
signed by a

[[Page 31617]]

person whose property and interests in property are blocked pursuant to 
Sec.  558.201.

    Note 1 to Sec.  558.405. See Sec. Sec.  558.507 and 558.509 for 
general licenses authorizing the provision of certain legal and 
emergency medical services.

Sec.  558.406  Offshore transactions involving blocked property.

    The prohibitions in Sec.  558.201 on transactions or dealings 
involving blocked property, as defined in Sec.  558.301, apply to 
transactions by any U.S. person in a location outside the United 
States.


Sec.  558.407  Payments from blocked accounts to satisfy obligations 
prohibited.

    Pursuant to Sec.  558.201, no debits may be made to a blocked 
account to pay obligations to U.S. persons or other persons, except as 
authorized by or pursuant to this part.

    Note 1 to Sec.  558.407. See also Sec.  558.502(e), which 
provides that no license or other authorization contained in or 
issued pursuant to this part authorizes transfers of or payments 
from blocked property or debits to blocked accounts unless the 
license or other authorization explicitly authorizes the transfer of 
or payment from blocked property or the debit to a blocked account.

Sec.  558.408  Charitable contributions.

    Unless specifically authorized by OFAC pursuant to this part, no 
charitable contribution of funds, goods, services, or technology, 
including contributions to relieve human suffering, such as food, 
clothing, or medicine, may be made by, to, or for the benefit of, or 
received from, a person whose property and interests in property are 
blocked pursuant to Sec.  558.201. For the purposes of this part, a 
contribution is made by, to, or for the benefit of, or received from, a 
person whose property and interests in property are blocked pursuant to 
Sec.  558.201 if made by, to, or in the name of, or received from or in 
the name of, such a person; if made by, to, or in the name of, or 
received from or in the name of, an entity or individual acting for or 
on behalf of, or owned or controlled by, such a person; or if made in 
an attempt to violate, to evade, or to avoid the bar on the provision 
of contributions by, to, or for the benefit of such a person, or the 
receipt of contributions from such a person.


Sec.  558.409  Credit extended and cards issued by financial 
institutions to a person whose property and interests in property are 
blocked.

    The prohibition in Sec.  558.201 on dealing in property subject to 
that section prohibits U.S. financial institutions from performing 
under any existing credit agreements, including charge cards, debit 
cards, or other credit facilities issued by a financial institution to 
a person whose property and interests in property are blocked pursuant 
to Sec.  558.201.


Sec.  558.410  Setoffs prohibited.

    A setoff against blocked property (including a blocked account), 
whether by a U.S. financial institution or other U.S. person, is a 
prohibited transfer under Sec.  558.201 if effected after the effective 
date.


Sec.  558.411  Entities owned by one or more persons whose property and 
interests in property are blocked.

    Persons whose property and interests in property are blocked 
pursuant to Sec.  558.201 have an interest in all property and 
interests in property of an entity in which such persons directly or 
indirectly own, whether individually or in the aggregate, a 50 percent 
or greater interest. The property and interests in property of such an 
entity, therefore, are blocked, and such an entity is a person whose 
property and interests in property are blocked pursuant to Sec.  
558.201, regardless of whether the name of the entity is incorporated 
into OFAC's Specially Designated Nationals and Blocked Persons List 
(SDN List).

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


Sec.  558.501  General and specific licensing procedures.

    For provisions relating to licensing procedures, see part 501, 
subpart E, of this chapter. Licensing actions taken pursuant to part 
501 of this chapter with respect to the prohibitions contained in this 
part are considered actions taken pursuant to this part. General 
licenses and statements of licensing policy relating to this part also 
may be available through the South Sudan-related sanctions page on 
OFAC's website: www.treas.gov/ofac.


Sec.  558.502  Effect of license or other authorization.

    (a) No license or other authorization contained in this part, or 
otherwise issued by OFAC, authorizes or validates any transaction 
effected prior to the issuance of such license or other authorization, 
unless specifically provided in such license or authorization.
    (b) No regulation, ruling, instruction, order, directive, or 
license authorizes any transaction prohibited under this part unless 
the regulation, ruling, instruction, order, directive, or license is 
issued by OFAC and specifically refers to this part. No regulation, 
ruling, instruction, order, directive, or license referring to this 
part shall be deemed to authorize any transaction prohibited by any 
other part of this chapter unless the regulation, ruling, instruction, 
order, directive, or license specifically refers to such part.
    (c) Any regulation, ruling, instruction, order, directive, or 
license authorizing any transaction prohibited under this part has the 
effect of removing a prohibition contained in this part from the 
transaction, but only to the extent specifically stated by its terms. 
Unless the regulation, ruling, instruction, order, directive, or 
license otherwise specifies, such an authorization does not create any 
right, duty, obligation, claim, or interest in, or with respect to, any 
property that would not otherwise exist under ordinary principles of 
law.
    (d) Nothing contained in this part shall be construed to supersede 
the requirements established under any other provision of law or to 
relieve a person from any requirement to obtain a license or other 
authorization from another department or agency of the U.S. government 
in compliance with applicable laws and regulations subject to the 
jurisdiction of that department or agency. For example, exports of 
goods, services, or technical data that are not prohibited by this part 
or that do not require a license by OFAC nevertheless may require 
authorization by the U.S. Department of Commerce, the U.S. Department 
of State, or other agencies of the U.S. government.
    (e) No license or other authorization contained in or issued 
pursuant to this part authorizes transfers of or payments from blocked 
property or debits to blocked accounts unless the license or other 
authorization explicitly authorizes the transfer of or payment from 
blocked property or the debit to a blocked account.
    (f) Any payment relating to a transaction authorized in or pursuant 
to this part that is routed through the U.S. financial system should 
reference the relevant OFAC general or specific license authorizing the 
payment to avoid the blocking or rejection of the transfer.


Sec.  558.503  Exclusion from licenses.

    OFAC reserves the right to exclude any person, property, 
transaction, or class thereof from the operation of any license or from 
the privileges conferred by any license. OFAC also reserves the right 
to restrict the applicability of any license to particular persons, 
property, transactions, or classes thereof. Such actions are binding 
upon actual or

[[Page 31618]]

constructive notice of the exclusions or restrictions.


Sec.  558.504  Payments and transfers to blocked accounts in U.S. 
financial institutions.

    Any payment of funds or transfer of credit in which a person whose 
property and interests in property are blocked pursuant to Sec.  
558.201 has any interest that comes within the possession or control of 
a U.S. financial institution must be blocked in an account on the books 
of that financial institution. A transfer of funds or credit by a U.S. 
financial institution between blocked accounts in its branches or 
offices is authorized, provided that no transfer is made from an 
account within the United States to an account held outside the United 
States, and further provided that a transfer from a blocked account may 
be made only to another blocked account held in the same name.

    Note 1 to Sec.  558.504.  See Sec.  501.603 of this chapter for 
mandatory reporting requirements regarding financial transfers. See 
also Sec.  558.203 concerning the obligation to hold blocked funds 
in interest-bearing accounts.

Sec.  558.505  Entries in certain accounts for normal service charges.

    (a) A U.S. financial institution is authorized to debit any blocked 
account held at that financial institution in payment or reimbursement 
for normal service charges owed it by the owner of that blocked 
account.
    (b) As used in this section, the term normal service charges shall 
include charges in payment or reimbursement for interest due; cable, 
telegraph, internet, or telephone charges; postage costs; custody fees; 
small adjustment charges to correct bookkeeping errors; and, but not by 
way of limitation, minimum balance charges, notary and protest fees, 
and charges for reference books, photocopies, credit reports, 
transcripts of statements, registered mail, insurance, stationery and 
supplies, and other similar items.


Sec.  558.506  Investment and reinvestment of certain funds.

    Subject to the requirements of Sec.  558.203, U.S. financial 
institutions are authorized to invest and reinvest assets blocked 
pursuant to Sec.  558.201, subject to the following conditions:
    (a) The assets representing such investments and reinvestments are 
credited to a blocked account or subaccount that is held in the same 
name at the same U.S. financial institution, or within the possession 
or control of a U.S. person, but funds shall not be transferred outside 
the United States for this purpose;
    (b) The proceeds of such investments and reinvestments shall not be 
credited to a blocked account or subaccount under any name or 
designation that differs from the name or designation of the specific 
blocked account or subaccount in which such funds or securities were 
held; and
    (c) No immediate financial or economic benefit accrues (e.g., 
through pledging or other use) to a person whose property and interests 
in property are blocked pursuant to Sec.  558.201.


Sec.  558.507  Provision of certain legal services.

    (a) The provision of the following legal services to or on behalf 
of persons whose property and interests in property are blocked 
pursuant to Sec.  558.201 is authorized, provided that any receipt of 
payment of professional fees and reimbursement of incurred expenses 
must be authorized pursuant to Sec.  558.508, which authorizes certain 
payments for legal services from funds originating outside the United 
States; via specific license; or otherwise pursuant to this part:
    (1) Provision of legal advice and counseling on the requirements of 
and compliance with the laws of the United States or any jurisdiction 
within the United States, provided that such advice and counseling are 
not provided to facilitate transactions in violation of this part;
    (2) Representation of persons named as defendants in or otherwise 
made parties to legal, arbitration, or administrative proceedings 
before any U.S. federal, state, or local court or agency;
    (3) Initiation and conduct of legal, arbitration, or administrative 
proceedings before any U.S. federal, state, or local court or agency;
    (4) Representation of persons before any U.S. federal, state, or 
local court or agency with respect to the imposition, administration, 
or enforcement of U.S. sanctions against such persons; and
    (5) Provision of legal services in any other context in which 
prevailing U.S. law requires access to legal counsel at public expense.
    (b) The provision of any other legal services to or on behalf of 
persons whose property and interests in property are blocked pursuant 
to Sec.  558.201, not otherwise authorized in this part, requires the 
issuance of a specific license.
    (c) U.S. persons do not need to obtain specific authorization to 
provide related services, such as making filings and providing other 
administrative services, that are ordinarily incident to the provision 
of services authorized by paragraph (a) of this section. Additionally, 
U.S. persons who provide services authorized by paragraph (a) of this 
section do not need to obtain specific authorization to contract for 
related services that are ordinarily incident to the provision of those 
legal services, such as those provided by private investigators or 
expert witnesses, or to pay for such services. See Sec.  558.404.
    (d) Entry into a settlement agreement or the enforcement of any 
lien, judgment, arbitral award, decree, or other order through 
execution, garnishment, or other judicial process purporting to 
transfer or otherwise alter or affect property or interests in property 
blocked pursuant to Sec.  558.201 is prohibited unless licensed 
pursuant to this part.

    Note 1 to Sec.  558.507.  Pursuant to part 501, subpart E, of 
this chapter, U.S. persons seeking administrative reconsideration or 
judicial review of their designation or the blocking of their 
property and interests in property may apply for a specific license 
from OFAC to authorize the release of certain blocked funds for the 
payment of professional fees and reimbursement of incurred expenses 
for the provision of such legal services where alternative funding 
sources are not available.

Sec.  558.508  Payments for legal services from funds originating 
outside the United States.

    (a) Professional fees and incurred expenses. (1) Receipt of payment 
of professional fees and reimbursement of incurred expenses for the 
provision of legal services authorized pursuant to Sec.  558.507(a) to 
or on behalf of any person whose property and interests in property are 
blocked pursuant to Sec.  558.201, is authorized from funds originating 
outside the United States, provided that the funds do not originate 
from:
    (i) A source within the United States;
    (ii) Any source, wherever located, within the possession or control 
of a U.S. person; or
    (iii) Any individual or entity, other than the person on whose 
behalf the legal services authorized pursuant to Sec.  558.507(a) are 
to be provided, whose property and interests in property are blocked 
pursuant to any part of this chapter or any Executive order or statute.
    (2) Nothing in this paragraph (a) authorizes payments for legal 
services using funds in which any other person whose property and 
interests in property are blocked pursuant to Sec.  558.201, any other 
part of this chapter, or any Executive order or statute has an 
interest.
    (b) Reports. (1) U.S. persons who receive payments pursuant to 
paragraph

[[Page 31619]]

(a) of this section must submit annual reports no later than 30 days 
following the end of the calendar year during which the payments were 
received providing information on the funds received. Such reports 
shall specify:
    (i) The individual or entity from whom the funds originated and the 
amount of funds received; and
    (ii) If applicable:
    (A) The names of any individuals or entities providing related 
services to the U.S. person receiving payment in connection with 
authorized legal services, such as private investigators or expert 
witnesses;
    (B) A general description of the services provided; and
    (C) The amount of funds paid in connection with such services.
    (2) The reports, which must reference this section, are to be 
submitted to OFAC using one of the following methods:
    (i) Email (preferred method): [email protected]; or
    (ii) U.S. mail: OFAC Regulations Reports, Office of Foreign Assets 
Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, 
Freedman's Bank Building, Washington, DC 20220.


Sec.  558.509  Emergency medical services.

    The provision and receipt of nonscheduled emergency medical 
services that are prohibited by this part are authorized.


Sec.  558.510  Official business of the United States government.

    All transactions prohibited by this part that are for the conduct 
of the official business of the United States government by employees, 
grantees, or contractors thereof are authorized.


Sec.  558.511  Official business of certain international organizations 
and entities.

    All transactions prohibited by this part that are for the conduct 
of the official business of the following entities by employees, 
grantees, or contractors thereof are authorized:
    (a) The United Nations, including its Programmes, Funds, and Other 
Entities and Bodies, as well as its Specialized Agencies and Related 
Organizations;
    (b) The International Centre for Settlement of Investment Disputes 
(ICSID) and the Multilateral Investment Guarantee Agency (MIGA);
    (c) The African Development Bank Group, the Asian Development Bank, 
the European Bank for Reconstruction and Development, and the Inter-
American Development Bank Group (IDB Group), including any fund entity 
administered or established by any of the foregoing;
    (d) The International Committee of the Red Cross and the 
International Federation of Red Cross and Red Crescent Societies; and
    (e) The Global Fund to Fight AIDS, Tuberculosis, and Malaria and 
Gavi, the Vaccine Alliance.


Sec.  558.512  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.  558.512. This section does not relieve any 
person authorized thereunder from complying with any other 
applicable laws or regulations.

Sec.  558.513  Transactions related to the provision of agricultural 
commodities, medicine, medical devices, replacement parts and 
components, or software updates for personal, non-commercial use.

    (a) All transactions prohibited by this part that are related to 
the provision, directly or indirectly, of agricultural commodities, 
medicine, medical devices, replacement parts and components for medical 
devices, or software updates for medical devices to an individual whose 
property and interests in property are blocked pursuant to this part 
are authorized are authorized, provided the items are in quantities 
consistent with personal, non-commercial use.
    (b) For the purposes of this section, agricultural commodities, 
medicine, and medical devices are defined as follows:
    (1) Agricultural commodities. For the purposes of this section, 
agricultural commodities are:
    (i) Products that fall within the term ``agricultural commodity'' 
as defined in section 102 of the Agricultural Trade Act of 1978 (7 
U.S.C. 5602); and
    (ii) That are intended for ultimate use as:
    (A) Food for humans (including raw, processed, and packaged foods; 
live animals; vitamins and minerals; food additives or supplements; and 
bottled drinking water) or animals (including animal feeds);
    (B) Seeds for food crops;
    (C) Fertilizers or organic fertilizers; or
    (D) Reproductive materials (such as live animals, fertilized eggs, 
embryos, and semen) for the production of food animals.
    (2) Medicine. For the purposes of this section, medicine is an item 
that falls within the definition of the term ``drug''

[[Page 31620]]

in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321).
    (3) Medical devices. For the purposes of this section, a medical 
device is an item that falls within the definition of ``device'' in 
section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
321).

    Note 1 to Sec.  558.513. This section does not relieve any 
person authorized thereunder from complying with any other 
applicable laws or regulations.

Subpart F--Reports


Sec.  558.601  Records and reports.

    For provisions relating to required records and reports, see part 
501, subpart C, of this chapter. Recordkeeping and reporting 
requirements imposed by part 501 of this chapter with respect to the 
prohibitions contained in this part are considered requirements arising 
pursuant to this part.

Subpart G--Penalties and Findings of Violation


Sec.  558.701  Penalties.

    (a) Section 206 of the International Emergency Economic Powers Act 
(50 U.S.C. 1705) (IEEPA) is applicable to violations of the provisions 
of any regulation, ruling, instruction, order, directive, or license 
issued by or pursuant to the direction or authorization of the 
Secretary of the Treasury pursuant to this part or otherwise under 
IEEPA.
    (1) A civil penalty not to exceed the amount set forth in section 
206 of IEEPA may be imposed on any person who violates, attempts to 
violate, conspires to violate, or causes a violation of any regulation, 
ruling, instruction, order, directive, license, or prohibition issued 
under IEEPA.
    (2) IEEPA provides for a maximum civil penalty not to exceed the 
greater of $356,579 or an amount that is twice the amount of the 
transaction that is the basis of the violation with respect to which 
the penalty is imposed.
    (3) A person who willfully commits, willfully attempts to commit, 
willfully conspires to commit, or aids or abets in the commission of a 
violation of any regulation, ruling, instruction, order, directive, 
license, or prohibition may, upon conviction, be fined not more than 
$1,000,000, or if a natural person, be imprisoned for not more than 20 
years, or both.
    (b)(1) The civil penalties provided in IEEPA are subject to 
adjustment pursuant to the Federal Civil Penalties Inflation Adjustment 
Act of 1990 (Pub. L. 101-410, as amended, 28 U.S.C. 2461 note).
    (2) The criminal penalties provided in IEEPA are subject to 
adjustment pursuant to 18 U.S.C. 3571.
    (c) Pursuant to 18 U.S.C. 1001, whoever, in any matter within the 
jurisdiction of the executive, legislative, or judicial branch of the 
government of the United States, knowingly and willfully falsifies, 
conceals, or covers up by any trick, scheme, or device a material fact; 
or makes any materially false, fictitious, or fraudulent statement or 
representation; or makes or uses any false writing or document knowing 
the same to contain any materially false, fictitious, or fraudulent 
statement or entry shall be fined under title 18, United States Code, 
imprisoned, or both.
    (d) Violations of this part may also be subject to other applicable 
laws.


Sec.  558.702  Pre-Penalty Notice; settlement.

    (a) When required. If OFAC has reason to believe that there has 
occurred a violation of any provision of this part or a violation of 
the provisions of any regulation, ruling, instruction, order, 
directive, or license issued by or pursuant to the direction or 
authorization of the Secretary of the Treasury pursuant to this part or 
otherwise under the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) and determines that a civil monetary penalty is 
warranted, OFAC will issue a Pre-Penalty Notice informing the alleged 
violator of the agency's intent to impose a monetary penalty. A Pre-
Penalty Notice shall be in writing. The Pre-Penalty Notice may be 
issued whether or not another agency has taken any action with respect 
to the matter. For a description of the contents of a Pre-Penalty 
Notice, see appendix A to part 501 of this chapter.
    (b) Response--(1) Right to respond. An alleged violator has the 
right to respond to a Pre-Penalty Notice by making a written 
presentation to OFAC. For a description of the information that should 
be included in such a response, see appendix A to part 501 of this 
chapter.
    (2) Deadline for response. A response to a Pre-Penalty Notice must 
be made within 30 days as set forth in paragraphs (b)(2)(i) and (ii) of 
this section. The failure to submit a response within 30 days shall be 
deemed to be a waiver of the right to respond.
    (i) Computation of time for response. A response to a Pre-Penalty 
Notice must be postmarked or date-stamped by the U.S. Postal Service 
(or foreign postal service, if mailed abroad) or courier service 
provider (if transmitted to OFAC by courier), or dated if sent by 
email, on or before the 30th day after the postmark date on the 
envelope in which the Pre-Penalty Notice was mailed or date the Pre-
Penalty Notice was emailed. If the Pre-Penalty Notice was personally 
delivered by a non-U.S. Postal Service agent authorized by OFAC, a 
response must be postmarked or date-stamped on or before the 30th day 
after the date of delivery.
    (ii) Extensions of time for response. If a due date falls on a 
federal holiday or weekend, that due date is extended to include the 
following business day. Any other extensions of time will be granted, 
at the discretion of OFAC, only upon specific request to OFAC.
    (3) Form and method of response. A response to a Pre-Penalty Notice 
need not be in any particular form, but it must be typewritten and 
signed by the alleged violator or a representative thereof (electronic 
signature is acceptable), contain information sufficient to indicate 
that it is in response to the Pre-Penalty Notice, and include the OFAC 
identification number listed on the Pre-Penalty Notice. The response 
must be sent to OFAC's Office of Compliance and Enforcement by mail or 
courier or email and must be postmarked or date-stamped in accordance 
with paragraph (b)(2) of this section.
    (c) Settlement. Settlement discussion may be initiated by OFAC, the 
alleged violator, or the alleged violator's authorized representative. 
For a description of practices with respect to settlement, see appendix 
A to part 501 of this chapter.
    (d) Guidelines. Guidelines for the imposition or settlement of 
civil penalties by OFAC are contained in appendix A to part 501 of this 
chapter.
    (e) Representation. A representative of the alleged violator may 
act on behalf of the alleged violator, but any oral communication with 
OFAC prior to a written submission regarding the specific allegations 
contained in the Pre-Penalty Notice must be preceded by a written 
letter of representation, unless the Pre-Penalty Notice was served upon 
the alleged violator in care of the representative.


Sec.  558.703  Penalty imposition.

    If, after considering any written response to the Pre-Penalty 
Notice and any relevant facts, OFAC determines that there was a 
violation by the alleged violator named in the Pre-Penalty Notice and 
that a civil monetary penalty is appropriate, OFAC may issue a Penalty 
Notice to the violator containing a determination of the violation and 
the imposition of the monetary penalty. For

[[Page 31621]]

additional details concerning issuance of a Penalty Notice, see 
appendix A to part 501 of this chapter. The issuance of the Penalty 
Notice shall constitute final agency action. The violator has the right 
to seek judicial review of that final agency action in federal district 
court.


Sec.  558.704  Administrative collection; referral to United States 
Department of Justice.

    In the event that the violator does not pay the penalty imposed 
pursuant to this part or make payment arrangements acceptable to OFAC, 
the matter may be referred for administrative collection measures by 
the Department of the Treasury or to the United States Department of 
Justice for appropriate action to recover the penalty in a civil suit 
in a federal district court.


Sec.  558.705  Findings of Violation.

    (a) When issued. (1) OFAC may issue an initial Finding of Violation 
that identifies a violation if OFAC:
    (i) Determines that there has occurred a violation of any provision 
of this part, or a violation of the provisions of any regulation, 
ruling, instruction, order, directive, or license issued by or pursuant 
to the direction or authorization of the Secretary of the Treasury 
pursuant to this part or otherwise under the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq);
    (ii) Considers it important to document the occurrence of a 
violation; and
    (iii) Based on the Guidelines contained in appendix A to part 501 
of this chapter, concludes that an administrative response is warranted 
but that a civil monetary penalty is not the most appropriate response.
    (2) An initial Finding of Violation shall be in writing and may be 
issued whether or not another agency has taken any action with respect 
to the matter. For additional details concerning issuance of a Finding 
of Violation, see appendix A to part 501 of this chapter.
    (b) Response--(1) Right to respond. An alleged violator has the 
right to contest an initial Finding of Violation by providing a written 
response to OFAC.
    (2) Deadline for response; default determination. A response to an 
initial Finding of Violation must be made within 30 days as set forth 
in paragraphs (b)(2)(i) and (ii) of this section. The failure to submit 
a response within 30 days shall be deemed to be a waiver of the right 
to respond, and the initial Finding of Violation will become final and 
will constitute final agency action. The violator has the right to seek 
judicial review of that final agency action in federal district court.
    (i) Computation of time for response. A response to an initial 
Finding of Violation must be postmarked or date-stamped by the U.S. 
Postal Service (or foreign postal service, if mailed abroad) or courier 
service provider (if transmitted to OFAC by courier), or dated if sent 
by email, on or before the 30th day after the postmark date on the 
envelope in which the initial Finding of Violation was served or date 
the Finding of Violation was sent by email. If the initial Finding of 
Violation was personally delivered by a non-U.S. Postal Service agent 
authorized by OFAC, a response must be postmarked or date-stamped on or 
before the 30th day after the date of delivery.
    (ii) Extensions of time for response. If a due date falls on a 
federal holiday or weekend, that due date is extended to include the 
following business day. Any other extensions of time will be granted, 
at the discretion of OFAC, only upon specific request to OFAC.
    (3) Form and method of response. A response to an initial Finding 
of Violation need not be in any particular form, but it must be 
typewritten and signed by the alleged violator or a representative 
thereof (electronic signature is acceptable), contain information 
sufficient to indicate that it is in response to the initial Finding of 
Violation, and include the OFAC identification number listed on the 
initial Finding of Violation. The response must be sent to OFAC's 
Office of Compliance and Enforcement by mail or courier or email and 
must be postmarked or date-stamped in accordance with paragraph (b)(2) 
of this section.
    (4) Information that should be included in response. Any response 
should set forth in detail why the alleged violator either believes 
that a violation of the regulations did not occur and/or why a Finding 
of Violation is otherwise unwarranted under the circumstances, with 
reference to the General Factors Affecting Administrative Action set 
forth in the Guidelines contained in appendix A to part 501 of this 
chapter. The response should include all documentary or other evidence 
available to the alleged violator that supports the arguments set forth 
in the response. OFAC will consider all relevant materials submitted in 
the response.
    (c) Determination--(1) Determination that a Finding of Violation is 
warranted. If, after considering the response, OFAC determines that a 
final Finding of Violation should be issued, OFAC will issue a final 
Finding of Violation that will inform the violator of its decision. A 
final Finding of Violation shall constitute final agency action. The 
violator has the right to seek judicial review of that final agency 
action in federal district court.
    (2) Determination that a Finding of Violation is not warranted. If, 
after considering the response, OFAC determines a Finding of Violation 
is not warranted, then OFAC will inform the alleged violator of its 
decision not to issue a final Finding of Violation.

    Note 1 to paragraph (c)(2). A determination by OFAC that a final 
Finding of Violation is not warranted does not preclude OFAC from 
pursuing other enforcement actions consistent with the Guidelines 
contained in appendix A to part 501 of this chapter.

    (d) Representation. A representative of the alleged violator may 
act on behalf of the alleged violator, but any oral communication with 
OFAC prior to a written submission regarding the specific alleged 
violations contained in the initial Finding of Violation must be 
preceded by a written letter of representation, unless the initial 
Finding of Violation was served upon the alleged violator in care of 
the representative.

Subpart H--Procedures


Sec.  558.801  Procedures.

    For license application procedures and procedures relating to 
amendments, modifications, or revocations of licenses; administrative 
decisions; rulemaking; and requests for documents pursuant to the 
Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a), see 
part 501, subpart E, of this chapter.


Sec.  558.802  Delegation of certain authorities of the Secretary of 
the Treasury.

    Any action that the Secretary of the Treasury is authorized to take 
pursuant to E.O. 13664 of April 3, 2014, and any further Executive 
orders relating to the national emergency declared therein, may be 
taken by the Director of OFAC or by any other person to whom the 
Secretary of the Treasury has delegated authority so to act.

Subpart I--Paperwork Reduction Act


Sec.  558.901  Paperwork Reduction Act notice.

    For approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507) of information 
collections relating to recordkeeping and reporting requirements, 
licensing procedures, and other procedures, see Sec.  501.901 of this 
chapter. An agency may not conduct or sponsor, and a

[[Page 31622]]

person is not required to respond to, a collection of information 
unless it displays a valid control number assigned by OMB.

Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2023-10427 Filed 5-17-23; 8:45 am]
BILLING CODE 4810-AL-P