Hostages and Wrongful Detention Sanctions Regulations, 44052-44063 [2023-14265]

Download as PDF 44052 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations elect to withdraw any accumulated mandatory employee contributions, PBGC will not allow the individual to withdraw any portion of the benefit derived from accumulated mandatory employee contributions as a lump sum. * * * * * ■ 3. In § 4022.8, amend paragraph (a) introductory text by removing the phrase ‘‘This section applies where benefits are not already in pay status.’’ and by revising paragraph (d) to read as follows: § 4022.8 Form of payment. * * * * * (d) Change in benefit form. Subject to benefit changes that PBGC may prescribe under § 4022.9(d), once payment of a benefit starts, the benefit form cannot be changed, regardless of whether the participant or beneficiary was put into pay status by the plan before the date PBGC becomes trustee of the plan. * * * * * ■ 4. Amend § 4022.9 by: ■ a. Revising the section heading; ■ b. Redesignating paragraph (d) as paragraph (e); and ■ c. Adding new paragraph (d). The revision and addition read as follows: § 4022.9 Time of payment; benefit applications and corrections. * * * * * (d) Benefit corrections. PBGC may prescribe the time and manner for corrections of errors that affect benefit form and benefit starting dates and for changes in benefit form to mitigate the consequences of a Presidentially declared disaster. * * * * * § 4022.21 [Amended] 5. Amend paragraph (c)(1) by removing the words ‘‘single installment’’ and adding in their place the words ‘‘lump sum’’. ■ 6. Amend § 4022.93 by revising the section heading, paragraph (a) introductory text, and adding paragraph (d) to read as follows: ■ ddrumheller on DSK120RN23PROD with RULES1 § 4022.93. Who will get benefits PBGC may owe me at the time of my death? (a) In general. Except as provided in paragraphs (b), (c), and (d) of this section, we will pay any benefits we owe you at the time of your death to the person(s) surviving you in the following order— * * * * * (d) Lump-sum payments to surviving spouses. For a deceased participant whose benefit under § 4022.7(b) has a VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 lump-sum value not exceeding the dollar amount specified in section 203(e)(1) of ERISA, payment will be made to the surviving spouse (if any) if such spouse would otherwise be entitled to receive a qualified preretirement survivor annuity under section 205(a)(2) of ERISA, and the surviving spouse will receive highest priority under paragraph (a) of this section. PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS 7. The authority citation for part 4044 continues to read as follows: ■ Authority: 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362. 8. Amend § 4044.41 by revising paragraph (b) to read as follows: ■ § 4044.41 General valuation rules. * * * * * (b) Valuation of assets. Plan assets generally will be valued at their fair market value as defined in § 4001.2 of this chapter. As appropriate, plan assets will be valued at their fair value in accordance with accounting principles generally accepted in the United States of America (U.S. GAAP). PART 4062—LIABILITY FOR TERMINATION OF SINGLE-EMPLOYER PLANS 9. The authority citation for part 4062 continues to read as follows: ■ Authority: 29 U.S.C. 1302(b)(3), 1362– 1364, 1367, 1368. 10. Amend § 4062.4 by revising paragraph (c) introductory text to read as follows: ■ § 4062.4 Determinations of net worth and collective net worth. * * * * * (c) Factors for determining net worth. A person’s net worth is to be determined on the basis of the factors set forth below in this section, to the extent relevant; different factors may be considered with respect to different portions of the person’s operations. Generally, fair market value, as defined in § 4001.2 of this chapter, is to be used. As appropriate, fair value in accordance with accounting principles generally accepted in the United States of America (U.S. GAAP) is to be used. Issued in Washington, DC. Gordon Hartogensis, Director, Pension Benefit Guaranty Corporation. [FR Doc. 2023–14349 Filed 7–10–23; 8:45 am] BILLING CODE 7709–02–P PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 526 Hostages and Wrongful Detention Sanctions Regulations Office of Foreign Assets Control, Treasury. ACTION: Final rule. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is adopting a final rule adding regulations to implement a July 19, 2022, Executive order related to hostage-taking and wrongful detention of a United States national. DATES: This rule is effective July 11, 2023. SUMMARY: FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for Licensing, 202–622–2480; Assistant Director for Regulatory Affairs, 202–622–4855; or Assistant Director for Compliance, 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 19, 2022, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), issued Executive Order (E.O.) 14078, ‘‘Bolstering Efforts To Bring Hostages and Wrongfully Detained United States Nationals Home’’ (87 FR 43389, July 21, 2022). OFAC is issuing the Hostages and Wrongful Detention Sanctions Regulations, 31 CFR part 526 (the ‘‘Regulations’’), to implement the portions of E.O. 14078 administered by the Department of the Treasury, pursuant to authorities delegated to the Secretary of the Treasury in E.O. 14078. In E.O. 14078, the President found that terrorist organizations, criminal groups, and other malicious actors who take hostages for financial, political, or other gain—as well as foreign states that engage in the practice of wrongful detention, including for political leverage or to seek concessions from the United States—threaten the integrity of the international political system and the safety of United States nationals and other persons abroad and constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. The E:\FR\FM\11JYR1.SGM 11JYR1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations President therefore declared a national emergency to deal with this threat. Section 6(a) of E.O. 14078 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: (i) any foreign person determined by the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General: (A) to be responsible for or complicit in, to have directly or indirectly engaged in, or to be responsible for ordering, controlling, or otherwise directing, the hostage-taking of a United States national or the wrongful detention of a United States national abroad; (B) to have attempted to engage in any activity described in subsection (6)(a)(i)(A) of E.O. 14078; or (C) to be or have been a leader or official of an entity that has engaged in, or whose members have engaged in, any of the activities described in subsections (6)(a)(i)(A) or (a)(i)(B) of E.O. 14078 relating to the leader’s or official’s tenure; (ii) any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General to: (A) have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of: (1) any activity described in subsection (6)(a)(i)(A) of E.O. 14078; or (2) any person whose property and interests in property are blocked pursuant to E.O. 14078; (B) be owned, controlled, or directed 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. 14078; or (C) have attempted to engage in any activity described in subsection (6)(a)(ii)(A) of E.O. 14078. The property and interests in property of the persons described above may not be transferred, paid, exported, withdrawn, or otherwise dealt in. In section 8 of E.O. 14078, 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. 14078 would seriously impair the President’s ability to deal with the national emergency declared in E.O. 14078. The President therefore prohibited the donation of such items except to the extent provided by statutes, or in regulations, rulings, instructions, orders, directives, or VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 licenses that may be issued pursuant to E.O. 14078. Section 9 of E.O. 14078 prohibits any transaction by a U.S. person or within the United States 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. 14078, as well as any conspiracy formed to violate such prohibitions. Section 11 of E.O. 14078 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. 14078. Section 11 of E.O. 14078 also provides that the Secretary of the Treasury may redelegate any of these functions within the Department of the Treasury. Section 12 of E.O. 14078 provides that nothing in E.O. 14078 shall prohibit transactions for the conduct of the official business of the United States government by employees, grantees, or contractors. Section 14 of E.O. 14078 sets forth definitions used in the order. In furtherance of the purposes of E.O. 14078, OFAC is promulgating 31 CFR part 526. The Regulations implement targeted sanctions that are directed at persons determined to meet the criteria set forth in § 526.201 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. 14078. 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 6, 8, and 9 of E.O. 14078, as well as the prohibitions contained in any further Executive orders issued pursuant to the national emergency declared in E.O. 14078. See, e.g., §§ 526.201 and 526.205. Persons designated by or under the authority of the Secretary of State in consultation with the Secretary of the Treasury and the Attorney General pursuant to E.O. 14078, or otherwise blocked pursuant to E.O. 14078, as well as persons who are blocked pursuant to any further Executive orders issued pursuant to the national emergency declared in E.O. 14078, are referred to throughout the Regulations as ‘‘persons whose property and interests in property are blocked pursuant to § 526.201.’’ The names of persons designated or identified as blocked pursuant to E.O. 14078, or any further Executive orders issued pursuant to the national emergency declared therein, PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 44053 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 526.202 and 526.203 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 526.204 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 526.205 of subpart B prohibits any transaction by a U.S. person or within the United States 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 § 526.201 of the Regulations, and any conspiracy formed to violate such prohibitions. Section 526.206 of subpart B details transactions that are exempt from the prohibitions of the Regulations pursuant to E.O. 14078 and section 203(b) of IEEPA (50 U.S.C. 1702(b)). Subpart C of the Regulations contains definitions used throughout the Regulations. Subpart D contains interpretive sections regarding the Regulations. Section 526.411 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 Hostages and Wrongfully Detained Sanctions E:\FR\FM\11JYR1.SGM 11JYR1 44054 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations page on OFAC’s website: www.treas.gov/ofac. 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), as amended, 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. ddrumheller on DSK120RN23PROD with RULES1 List of Subjects in 31 CFR Part 526 Administrative practice and procedure, Banking, Banks, Blocking of assets, Credit, Foreign trade, Hostagetaking, Hostages, Penalties, Reporting and recordkeeping requirements, Sanctions, Securities, Services, Wrongful detention. For the reasons set forth in the preamble, OFAC adds part 526 to 31 CFR chapter V to read as follows: VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 PART 526—HOSTAGES AND WRONGFUL DETENTION SANCTIONS REGULATIONS Subpart A—Relation of This Part to Other Laws and Regulations Sec. 526.101 Relation of this part to other laws and regulations. Subpart B—Prohibitions 526.201 Prohibited transactions. 526.202 Effect of transfers violating the provisions of this part. 526.203 Holding of funds in interestbearing accounts; investment and reinvestment. 526.204 Expenses of maintaining blocked tangible property; liquidation of blocked property. 526.205 Evasions; attempts; causing violations; conspiracies. 526.206 Exempt transactions. Subpart C—General Definitions Sec. 526.300 Applicability of definitions. 526.301 Blocked account; blocked property. 526.302 Effective date. 526.303 Entity. 526.304 Financial, material, or technological support. 526.305 Foreign person. 526.306 Hostage-taking. 526.307 [Reserved] 526.308 Interest. 526.309 Licenses; general and specific. 526.310 Noncitizen. 526.311 OFAC. 526.312 Person. 526.313 Property; property interest. 526.314 Transfer. 526.315 United States. 526.316 United States national. 526.317 United States person; U.S. person. 526.318 U.S. financial institution. 526.319 Wrongful detention. Subpart D—Interpretations 526.401 Reference to amended sections. 526.402 Effect of amendment. 526.403 Termination and acquisition of an interest in blocked property. 526.404 Transactions ordinarily incident to a licensed transaction. 526.405 Provision and receipt of services. 526.406 Offshore transactions involving blocked property. 526.407 Payments from blocked accounts to satisfy obligations prohibited. 526.408 Charitable contributions. 526.409 Credit extended and cards issued by financial institutions to a person whose property and interests in property are blocked. 526.410 Setoffs prohibited. 526.411 Entities owned by one or more persons whose property and interests in property are blocked. Subpart E—Licenses, Authorizations, and Statements of Licensing Policy 526.501 General and specific licensing procedures. 526.502 Effect of license or other authorization. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 526.503 Exclusion from licenses. 526.504 Payments and transfers to blocked accounts in U.S. financial institutions. 526.505 Entries in certain accounts for normal service charges. 526.506 Investment and reinvestment of certain funds. 526.507 Provision of certain legal services. 526.508 Payments for legal services from funds originating outside the United States. 526.509 Emergency medical services. 526.510 Official business of the United States Government. 526.511 Official business of certain international organizations and entities. 526.512 Certain transactions in support of nongovernmental organizations’ activities. 526.513 Transactions related to the provision of agricultural commodities, medicine, medical devices, replacement parts and components, or software updates for personal, non-commercial use. Subpart F—Reports 526.601 Records and reports. Subpart G—Penalties and Findings of Violation 526.701 Penalties. 526.702 Pre-Penalty Notice; settlement. 526.703 Penalty imposition. 526.704 Administrative collection; referral to United States Department of Justice. 526.705 Findings of Violation. Subpart H—Procedures 526.801 Procedures. 526.802 Delegation of certain authorities of the Secretary of the Treasury. Subpart I—Paperwork Reduction Act 526.901 Paperwork Reduction Act notice. Authority: 3 U.S.C. 301; 22 U.S.C. 1741 et seq.; 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. 14078, 87 FR 43389. Subpart A—Relation of This Part to Other Laws and Regulations § 526.101 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 E:\FR\FM\11JYR1.SGM 11JYR1 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations 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 ddrumheller on DSK120RN23PROD with RULES1 § 526.201 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 foreign person determined by the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General: (i) To be responsible for or complicit in, to have directly or indirectly engaged in, or to be responsible for ordering, controlling, or otherwise directing, the hostage-taking of a United States national or the wrongful detention of a United States national abroad; (ii) To have attempted to engage in any activity described in paragraph (a)(1)(i) of this section; or (iii) To be or have been a leader or official of an entity that has engaged in, or whose members have engaged in, any of the activities described in paragraph (a)(1)(i) or (ii) of this section relating to the leader’s or official’s tenure; (2) Any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General: (i) To have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of: (A) Any activity described in paragraph (a)(1)(i) of this section; or (B) Any person whose property and interests in property are blocked pursuant to paragraph (a)(1) or (2) of this section; (ii) To be owned, controlled, or directed 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 paragraph (a)(1) or (2) of this section; or (iii) To have attempted to engage in any activity described in paragraph (a)(2)(i) of this section. (b) 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 VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 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. (c) 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. (d) All transactions prohibited pursuant to any Executive order issued after July 19, 2022, pursuant to the national emergency declared in E.O. 14078 are prohibited pursuant to this part. Note 1 to § 526.201. The names of persons designated or identified as blocked pursuant to E.O. 14078, 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. 14078 ‘‘[HOSTAGES–EO14078]’’; and for any further Executive orders issued pursuant to the national emergency declared in E.O. 14078: using the identifier formulation ‘‘[HOSTAGES–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 part 501 of this chapter. See § 526.411 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 § 526.201. 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 44055 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. 14078 ‘‘[BPI–HOSTAGES– EO14078]’’; for any further Executive orders issued pursuant to the national emergency declared in E.O. 14078: ‘‘[BPI–HOSTAGES– E.O.[E.O. number pursuant to which the person’s property and interests in property are blocked pending investigation]].’’ Note 3 to § 526.201. 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. § 526.202 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 § 526.201, 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 § 526.201, 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 E:\FR\FM\11JYR1.SGM 11JYR1 44056 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations 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 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 § 526.201. ddrumheller on DSK120RN23PROD with RULES1 § 526.203 Holding of funds in interestbearing 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 § 526.201 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 VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 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 § 526.201 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 § 526.201 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. (h) Funds blocked pursuant to § 526.201 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 § 526.201, nor may their holder cooperate in or facilitate the pledging or other attempted use as collateral of blocked funds or other assets. § 526.204 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 blocked pursuant to § 526.201 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 § 526.201 may, in the discretion of OFAC, be sold or liquidated and the net proceeds placed in a blocked interestbearing account in the name of the owner of the property. § 526.205 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. § 526.206 Exempt transactions. (a) International Emergency Economic Powers Act. 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)). (b) Official business. The prohibitions contained in § 526.201(a) do not apply to transactions for the conduct of the official business of the United States Government by employees, grantees, or contractors thereof. Subpart C—General Definitions § 526.300 Applicability of definitions. The definitions in this subpart apply throughout the entire part. § 526.301 property. Blocked account; blocked The terms blocked account and blocked property mean any account or property subject to the prohibitions in § 526.201 held in the name of a person whose property and interests in property are blocked pursuant to § 526.201, 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 § 526.301. See § 526.411 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 § 526.201. E:\FR\FM\11JYR1.SGM 11JYR1 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations § 526.302 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 § 526.201, 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. § 526.303 Entity. The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. § 526.304 Financial, material, or technological support. The term financial, material, 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. § 526.305 Foreign person. The term foreign person means any citizen or national of a foreign state (including any such individual who is also a citizen or national of the United States, provided such individual does not reside in the United States) or any entity not organized solely under the laws of the United States or existing solely in the United States. ddrumheller on DSK120RN23PROD with RULES1 § 526.306 Hostage-taking. The term hostage-taking has the same meaning as provided in Presidential Policy Directive 30 of June 24, 2015 (‘‘U.S. Nationals Taken Hostage Abroad and Personnel Recovery Efforts’’), which is the unlawful abduction or holding of a person or persons against their will in order to compel a third person or VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 governmental organization to do or to abstain from doing any act as a condition for the release of the person detained. § 526.307 [Reserved] § 526.308 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. § 526.309 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 § 526.309. See § 501.801 of this chapter on licensing procedures. § 526.310 Noncitizen. The term noncitizen means any person who is not a citizen or noncitizen national of the United States. § 526.311 OFAC. The term OFAC means the Department of the Treasury’s Office of Foreign Assets Control. § 526.312 Person. The term person means an individual or entity. § 526.313 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, PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 44057 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. § 526.314 Transfer. The term transfer means any actual or purported act or transaction, whether or 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. § 526.315 United States. The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority thereof. § 526.316 United States national. The term United States national means a ‘‘national of the United States’’ as defined in 8 U.S.C. 1101(a)(22) or 8 U.S.C. 1408, or a lawful permanent resident with significant ties to the United States. § 526.317 person. United States person; U.S. The term United States person or U.S. person means any United States citizen, lawful permanent resident, entity organized under the laws of the United E:\FR\FM\11JYR1.SGM 11JYR1 44058 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations States or any jurisdiction within the United States (including foreign branches), or any person in the United States. § 526.318 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. § 526.319 Wrongful detention. The term wrongful detention means a detention that the Secretary of State has determined to be wrongful consistent with section 302(a) of the Robert Levinson Hostage Recovery and Hostage-taking Accountability Act (22 U.S.C. 1741 et seq.). Subpart D—Interpretations § 526.401 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 so specified. ddrumheller on DSK120RN23PROD with RULES1 § 526.402 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, VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 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. § 526.403 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 § 526.201, such property shall no longer be deemed to be property blocked pursuant to § 526.201, unless there exists in the property another interest that is blocked pursuant to § 526.201, 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 § 526.201, such property shall be deemed to be property in which such person has an interest and therefore blocked. § 526.404 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 § 526.201; 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 § 526.201, 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 § 526.201. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 § 526.405 services. Provision and receipt of (a) The prohibitions contained in § 526.201 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 § 526.201; or (2) With respect to property interests of any person whose property and interests in property are blocked pursuant to § 526.201. (b) The prohibitions on transactions contained in § 526.201 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 § 526.201. (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 § 526.201, or negotiate with or enter into contracts signed by a person whose property and interests in property are blocked pursuant to § 526.201. Note 1 to § 526.405. See §§ 526.507 and 526.509 for general licenses authorizing the provision of certain legal and emergency medical services. § 526.406 Offshore transactions involving blocked property. The prohibitions in § 526.201 on transactions or dealings involving blocked property, as defined in § 526.301, apply to transactions by any U.S. person in a location outside the United States. § 526.407 Payments from blocked accounts to satisfy obligations prohibited. Pursuant to § 526.201, 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 § 526.407. See also § 526.502(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. § 526.408 Charitable contributions. Unless specifically authorized by OFAC pursuant to this part, no charitable contribution of funds, goods, E:\FR\FM\11JYR1.SGM 11JYR1 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations 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 § 526.201. 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 § 526.201 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. § 526.409 Credit extended and cards issued by financial institutions to a person whose property and interests in property are blocked. The prohibition in § 526.201 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 § 526.201. § 526.410 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 § 526.201 if effected after the effective date. ddrumheller on DSK120RN23PROD with RULES1 § 526.411 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 § 526.201 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 § 526.201, regardless of whether the name of the entity is incorporated into OFAC’s Specially Designated Nationals and Blocked Persons List (SDN List). VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 Subpart E—Licenses, Authorizations, and Statements of Licensing Policy § 526.501 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 Hostages and Wrongfully Detained U.S. Nationals Sanctions page on OFAC’s website: www.treas.gov/ofac. § 526.502 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 44059 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. § 526.503 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 constructive notice of the exclusions or restrictions. § 526.504 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 § 526.201 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 § 526.504. See § 501.603 of this chapter for mandatory reporting requirements regarding financial transfers. See also § 526.203 concerning the obligation to hold blocked funds in interest-bearing accounts. § 526.505 Entries in certain accounts for normal service charges. (a) A U.S. financial institution is authorized to debit any blocked account E:\FR\FM\11JYR1.SGM 11JYR1 44060 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations 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. § 526.506 Investment and reinvestment of certain funds. Subject to the requirements of § 526.203, U.S. financial institutions are authorized to invest and reinvest assets blocked pursuant to § 526.201, 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 § 526.201. ddrumheller on DSK120RN23PROD with RULES1 § 526.507 services. Provision of certain legal (a) The provision of the following legal services to or on behalf of persons whose property and interests in property are blocked pursuant to § 526.201 is authorized, provided that any receipt of payment of professional fees and reimbursement of incurred expenses must be authorized pursuant to § 526.508, 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 VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 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 § 526.201, 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 § 526.404. (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 § 526.201 is prohibited unless licensed pursuant to this part. Note 1 to § 526.507. 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. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 § 526.508 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 § 526.507(a) to or on behalf of any person whose property and interests in property are blocked pursuant to § 526.201, 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 § 526.506(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 § 526.201, 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 (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): OFACReport@treasury.gov; or (ii) U.S. mail: OFAC Licensing Division, Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, Freedman’s Bank Building, Washington, DC 20220. E:\FR\FM\11JYR1.SGM 11JYR1 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations § 526.509 Emergency medical services. The provision and receipt of nonscheduled emergency medical services that are prohibited by this part are authorized. § 526.510 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. § 526.511 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 InterAmerican 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. ddrumheller on DSK120RN23PROD with RULES1 § 526.512 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 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 VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 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; (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. § 526.513 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 44061 interests in property are blocked pursuant to this part are authorized, provided the items are in quantities consistent with personal, noncommercial 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’’ 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). Subpart F—Reports § 526.601 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 § 526.701 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 E:\FR\FM\11JYR1.SGM 11JYR1 44062 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations may be imposed on any person who violates, attempts to violate, conspires to violate, or causes a violation of any regulation in this part, 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 in this part, ruling, instruction, order, directive, or 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. ddrumheller on DSK120RN23PROD with RULES1 § 526.702 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 VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 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 PrePenalty 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 Enforcement Division 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 PrePenalty 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. § 526.703 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 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. § 526.704 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. § 526.705 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 E:\FR\FM\11JYR1.SGM 11JYR1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations 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 datestamped 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 Enforcement Division by mail or courier or email and must be postmarked or date-stamped in accordance with paragraph (b)(2) of this section. VerDate Sep<11>2014 16:17 Jul 10, 2023 Jkt 259001 (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 in this part 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 § 526.801 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. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 44063 § 526.802 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. 14078 of July 19, 2022, 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 § 526.901 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 § 501.901 of this chapter. An agency may not conduct or sponsor, and a 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. 2023–14265 Filed 7–10–23; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 221223–0282] RTID 0648–XD123 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NC to RI National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of quota transfer. AGENCY: NMFS announces that the State of North Carolina is transferring a portion of its 2023 commercial summer flounder quota to the State of Rhode Island. This adjustment to the 2023 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2023 commercial quotas for North Carolina and Rhode Island. DATES: Effective July 10, 2023 through December 31, 2023. SUMMARY: E:\FR\FM\11JYR1.SGM 11JYR1

Agencies

[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Rules and Regulations]
[Pages 44052-44063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14265]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 526


Hostages and Wrongful Detention 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 adding regulations to implement 
a July 19, 2022, Executive order related to hostage-taking and wrongful 
detention of a United States national.

DATES: This rule is effective July 11, 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 Compliance, 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 19, 2022, the President, invoking the authority of, inter 
alia, the International Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.) (IEEPA), issued Executive Order (E.O.) 14078, ``Bolstering 
Efforts To Bring Hostages and Wrongfully Detained United States 
Nationals Home'' (87 FR 43389, July 21, 2022). OFAC is issuing the 
Hostages and Wrongful Detention Sanctions Regulations, 31 CFR part 526 
(the ``Regulations''), to implement the portions of E.O. 14078 
administered by the Department of the Treasury, pursuant to authorities 
delegated to the Secretary of the Treasury in E.O. 14078.
    In E.O. 14078, the President found that terrorist organizations, 
criminal groups, and other malicious actors who take hostages for 
financial, political, or other gain--as well as foreign states that 
engage in the practice of wrongful detention, including for political 
leverage or to seek concessions from the United States--threaten the 
integrity of the international political system and the safety of 
United States nationals and other persons abroad and constitute an 
unusual and extraordinary threat to the national security, foreign 
policy, and economy of the United States. The

[[Page 44053]]

President therefore declared a national emergency to deal with this 
threat.
    Section 6(a) of E.O. 14078 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: (i) any foreign person 
determined by the Secretary of State, in consultation with the 
Secretary of the Treasury and the Attorney General: (A) to be 
responsible for or complicit in, to have directly or indirectly engaged 
in, or to be responsible for ordering, controlling, or otherwise 
directing, the hostage-taking of a United States national or the 
wrongful detention of a United States national abroad; (B) to have 
attempted to engage in any activity described in subsection 
(6)(a)(i)(A) of E.O. 14078; or (C) to be or have been a leader or 
official of an entity that has engaged in, or whose members have 
engaged in, any of the activities described in subsections (6)(a)(i)(A) 
or (a)(i)(B) of E.O. 14078 relating to the leader's or official's 
tenure; (ii) any foreign person determined by the Secretary of the 
Treasury, in consultation with the Secretary of State and the Attorney 
General to: (A) have materially assisted, sponsored, or provided 
financial, material, or technological support for, or goods or services 
to or in support of: (1) any activity described in subsection 
(6)(a)(i)(A) of E.O. 14078; or (2) any person whose property and 
interests in property are blocked pursuant to E.O. 14078; (B) be owned, 
controlled, or directed 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. 14078; or (C) have 
attempted to engage in any activity described in subsection 
(6)(a)(ii)(A) of E.O. 14078. The property and interests in property of 
the persons described above may not be transferred, paid, exported, 
withdrawn, or otherwise dealt in.
    In section 8 of E.O. 14078, 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. 14078 would seriously impair the President's ability 
to deal with the national emergency declared in E.O. 14078. The 
President therefore prohibited the donation of such items except to the 
extent provided by statutes, or in regulations, rulings, instructions, 
orders, directives, or licenses that may be issued pursuant to E.O. 
14078.
    Section 9 of E.O. 14078 prohibits any transaction by a U.S. person 
or within the United States 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. 14078, as well as any conspiracy 
formed to violate such prohibitions.
    Section 11 of E.O. 14078 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. 14078. Section 11 of E.O. 14078 also provides 
that the Secretary of the Treasury may redelegate any of these 
functions within the Department of the Treasury.
    Section 12 of E.O. 14078 provides that nothing in E.O. 14078 shall 
prohibit transactions for the conduct of the official business of the 
United States government by employees, grantees, or contractors.
    Section 14 of E.O. 14078 sets forth definitions used in the order.
    In furtherance of the purposes of E.O. 14078, OFAC is promulgating 
31 CFR part 526. The Regulations implement targeted sanctions that are 
directed at persons determined to meet the criteria set forth in Sec.  
526.201 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. 14078.
    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 6, 8, and 9 of E.O. 14078, as well 
as the prohibitions contained in any further Executive orders issued 
pursuant to the national emergency declared in E.O. 14078. See, e.g., 
Sec. Sec.  526.201 and 526.205. Persons designated by or under the 
authority of the Secretary of State in consultation with the Secretary 
of the Treasury and the Attorney General pursuant to E.O. 14078, or 
otherwise blocked pursuant to E.O. 14078, as well as persons who are 
blocked pursuant to any further Executive orders issued pursuant to the 
national emergency declared in E.O. 14078, are referred to throughout 
the Regulations as ``persons whose property and interests in property 
are blocked pursuant to Sec.  526.201.'' The names of persons 
designated or identified as blocked pursuant to E.O. 14078, 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 526.202 and 526.203 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 526.204 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 526.205 of subpart B prohibits any transaction by a U.S. 
person or within the United States 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.  526.201 of the 
Regulations, and any conspiracy formed to violate such prohibitions.
    Section 526.206 of subpart B details transactions that are exempt 
from the prohibitions of the Regulations pursuant to E.O. 14078 and 
section 203(b) of IEEPA (50 U.S.C. 1702(b)).
    Subpart C of the Regulations contains definitions used throughout 
the Regulations. Subpart D contains interpretive sections regarding the 
Regulations. Section 526.411 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 Hostages and 
Wrongfully Detained Sanctions

[[Page 44054]]

page on OFAC's website: www.treas.gov/ofac.
    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), as amended, 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 526

    Administrative practice and procedure, Banking, Banks, Blocking of 
assets, Credit, Foreign trade, Hostage-taking, Hostages, Penalties, 
Reporting and recordkeeping requirements, Sanctions, Securities, 
Services, Wrongful detention.

    For the reasons set forth in the preamble, OFAC adds part 526 to 31 
CFR chapter V to read as follows:

PART 526--HOSTAGES AND WRONGFUL DETENTION SANCTIONS REGULATIONS

Subpart A--Relation of This Part to Other Laws and Regulations
Sec.
526.101 Relation of this part to other laws and regulations.
Subpart B--Prohibitions
526.201 Prohibited transactions.
526.202 Effect of transfers violating the provisions of this part.
526.203 Holding of funds in interest-bearing accounts; investment 
and reinvestment.
526.204 Expenses of maintaining blocked tangible property; 
liquidation of blocked property.
526.205 Evasions; attempts; causing violations; conspiracies.
526.206 Exempt transactions.
Subpart C--General Definitions
Sec.
526.300 Applicability of definitions.
526.301 Blocked account; blocked property.
526.302 Effective date.
526.303 Entity.
526.304 Financial, material, or technological support.
526.305 Foreign person.
526.306 Hostage-taking.
526.307 [Reserved]
526.308 Interest.
526.309 Licenses; general and specific.
526.310 Noncitizen.
526.311 OFAC.
526.312 Person.
526.313 Property; property interest.
526.314 Transfer.
526.315 United States.
526.316 United States national.
526.317 United States person; U.S. person.
526.318 U.S. financial institution.
526.319 Wrongful detention.
Subpart D--Interpretations
526.401 Reference to amended sections.
526.402 Effect of amendment.
526.403 Termination and acquisition of an interest in blocked 
property.
526.404 Transactions ordinarily incident to a licensed transaction.
526.405 Provision and receipt of services.
526.406 Offshore transactions involving blocked property.
526.407 Payments from blocked accounts to satisfy obligations 
prohibited.
526.408 Charitable contributions.
526.409 Credit extended and cards issued by financial institutions 
to a person whose property and interests in property are blocked.
526.410 Setoffs prohibited.
526.411 Entities owned by one or more persons whose property and 
interests in property are blocked.
Subpart E--Licenses, Authorizations, and Statements of Licensing Policy
526.501 General and specific licensing procedures.
526.502 Effect of license or other authorization.
526.503 Exclusion from licenses.
526.504 Payments and transfers to blocked accounts in U.S. financial 
institutions.
526.505 Entries in certain accounts for normal service charges.
526.506 Investment and reinvestment of certain funds.
526.507 Provision of certain legal services.
526.508 Payments for legal services from funds originating outside 
the United States.
526.509 Emergency medical services.
526.510 Official business of the United States Government.
526.511 Official business of certain international organizations and 
entities.
526.512 Certain transactions in support of nongovernmental 
organizations' activities.
526.513 Transactions related to the provision of agricultural 
commodities, medicine, medical devices, replacement parts and 
components, or software updates for personal, non-commercial use.
Subpart F--Reports
526.601 Records and reports.
Subpart G--Penalties and Findings of Violation
526.701 Penalties.
526.702 Pre-Penalty Notice; settlement.
526.703 Penalty imposition.
526.704 Administrative collection; referral to United States 
Department of Justice.
526.705 Findings of Violation.
Subpart H--Procedures
526.801 Procedures.
526.802 Delegation of certain authorities of the Secretary of the 
Treasury.
Subpart I--Paperwork Reduction Act
526.901 Paperwork Reduction Act notice.

    Authority: 3 U.S.C. 301; 22 U.S.C. 1741 et seq.; 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. 14078, 87 FR 43389.

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


Sec.  526.101  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

[[Page 44055]]

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.  526.201  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 foreign person determined by the Secretary of State, in 
consultation with the Secretary of the Treasury and the Attorney 
General:
    (i) To be responsible for or complicit in, to have directly or 
indirectly engaged in, or to be responsible for ordering, controlling, 
or otherwise directing, the hostage-taking of a United States national 
or the wrongful detention of a United States national abroad;
    (ii) To have attempted to engage in any activity described in 
paragraph (a)(1)(i) of this section; or
    (iii) To be or have been a leader or official of an entity that has 
engaged in, or whose members have engaged in, any of the activities 
described in paragraph (a)(1)(i) or (ii) of this section relating to 
the leader's or official's tenure;
    (2) Any foreign person determined by the Secretary of the Treasury, 
in consultation with the Secretary of State and the Attorney General:
    (i) To have materially assisted, sponsored, or provided financial, 
material, or technological support for, or goods or services to or in 
support of:
    (A) Any activity described in paragraph (a)(1)(i) of this section; 
or
    (B) Any person whose property and interests in property are blocked 
pursuant to paragraph (a)(1) or (2) of this section;
    (ii) To be owned, controlled, or directed 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 
paragraph (a)(1) or (2) of this section; or
    (iii) To have attempted to engage in any activity described in 
paragraph (a)(2)(i) of this section.
    (b) 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.
    (c) 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.
    (d) All transactions prohibited pursuant to any Executive order 
issued after July 19, 2022, pursuant to the national emergency declared 
in E.O. 14078 are prohibited pursuant to this part.

    Note 1 to Sec.  526.201. The names of persons designated or 
identified as blocked pursuant to E.O. 14078, 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. 14078 ``[HOSTAGES-EO14078]''; and for any further Executive 
orders issued pursuant to the national emergency declared in E.O. 
14078: using the identifier formulation ``[HOSTAGES-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 part 501 of 
this chapter. See Sec.  526.411 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.  526.201. 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. 14078 ``[BPI-HOSTAGES-EO14078]''; 
for any further Executive orders issued pursuant to the national 
emergency declared in E.O. 14078: ``[BPI-HOSTAGES-E.O.[E.O. number 
pursuant to which the person's property and interests in property 
are blocked pending investigation]].''


    Note 3 to Sec.  526.201. 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.  526.202  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.  
526.201, 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.  526.201, 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

[[Page 44056]]

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 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.  526.201.


Sec.  526.203  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.  526.201 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.  526.201 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.  526.201 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.
    (h) Funds blocked pursuant to Sec.  526.201 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.  526.201, nor may their holder 
cooperate in or facilitate the pledging or other attempted use as 
collateral of blocked funds or other assets.


Sec.  526.204  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.  526.201 
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.  526.201 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.  526.205  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.  526.206  Exempt transactions.

    (a) International Emergency Economic Powers Act. 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)).
    (b) Official business. The prohibitions contained in Sec.  
526.201(a) do not apply to transactions for the conduct of the official 
business of the United States Government by employees, grantees, or 
contractors thereof.

Subpart C--General Definitions


Sec.  526.300  Applicability of definitions.

    The definitions in this subpart apply throughout the entire part.


Sec.  526.301  Blocked account; blocked property.

    The terms blocked account and blocked property mean any account or 
property subject to the prohibitions in Sec.  526.201 held in the name 
of a person whose property and interests in property are blocked 
pursuant to Sec.  526.201, 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.  526.301. See Sec.  526.411 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.  526.201.


[[Page 44057]]




Sec.  526.302  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.  526.201, 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.  526.303  Entity.

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


Sec.  526.304  Financial, material, or technological support.

    The term financial, material, 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.  526.305  Foreign person.

    The term foreign person means any citizen or national of a foreign 
state (including any such individual who is also a citizen or national 
of the United States, provided such individual does not reside in the 
United States) or any entity not organized solely under the laws of the 
United States or existing solely in the United States.


Sec.  526.306  Hostage-taking.

    The term hostage-taking has the same meaning as provided in 
Presidential Policy Directive 30 of June 24, 2015 (``U.S. Nationals 
Taken Hostage Abroad and Personnel Recovery Efforts''), which is the 
unlawful abduction or holding of a person or persons against their will 
in order to compel a third person or governmental organization to do or 
to abstain from doing any act as a condition for the release of the 
person detained.


Sec.  526.307  [Reserved]


Sec.  526.308  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.  526.309  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.  526.309. See Sec.  501.801 of this chapter on 
licensing procedures.

Sec.  526.310  Noncitizen.

    The term noncitizen means any person who is not a citizen or 
noncitizen national of the United States.


Sec.  526.311  OFAC.

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


Sec.  526.312  Person.

    The term person means an individual or entity.


Sec.  526.313  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.  526.314  Transfer.

    The term transfer means any actual or purported act or transaction, 
whether or 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.  526.315  United States.

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


Sec.  526.316  United States national.

    The term United States national means a ``national of the United 
States'' as defined in 8 U.S.C. 1101(a)(22) or 8 U.S.C. 1408, or a 
lawful permanent resident with significant ties to the United States.


Sec.  526.317  United States person; U.S. person.

    The term United States person or U.S. person means any United 
States citizen, lawful permanent resident, entity organized under the 
laws of the United

[[Page 44058]]

States or any jurisdiction within the United States (including foreign 
branches), or any person in the United States.


Sec.  526.318  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.


Sec.  526.319  Wrongful detention.

    The term wrongful detention means a detention that the Secretary of 
State has determined to be wrongful consistent with section 302(a) of 
the Robert Levinson Hostage Recovery and Hostage-taking Accountability 
Act (22 U.S.C. 1741 et seq.).

Subpart D--Interpretations


Sec.  526.401  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 so specified.


Sec.  526.402  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.  526.403  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.  526.201, such property shall no longer be 
deemed to be property blocked pursuant to Sec.  526.201, unless there 
exists in the property another interest that is blocked pursuant to 
Sec.  526.201, 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.  526.201, such property shall be deemed to be property in which 
such person has an interest and therefore blocked.


Sec.  526.404  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.  526.201; 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.  526.201, 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.  526.201.


Sec.  526.405  Provision and receipt of services.

    (a) The prohibitions contained in Sec.  526.201 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.  526.201; or
    (2) With respect to property interests of any person whose property 
and interests in property are blocked pursuant to Sec.  526.201.
    (b) The prohibitions on transactions contained in Sec.  526.201 
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.  526.201.
    (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.  526.201, or negotiate with or enter into contracts 
signed by a person whose property and interests in property are blocked 
pursuant to Sec.  526.201.

    Note 1 to Sec.  526.405. See Sec. Sec.  526.507 and 526.509 for 
general licenses authorizing the provision of certain legal and 
emergency medical services.

Sec.  526.406  Offshore transactions involving blocked property.

    The prohibitions in Sec.  526.201 on transactions or dealings 
involving blocked property, as defined in Sec.  526.301, apply to 
transactions by any U.S. person in a location outside the United 
States.


Sec.  526.407  Payments from blocked accounts to satisfy obligations 
prohibited.

    Pursuant to Sec.  526.201, 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.  526.407. See also Sec.  526.502(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.  526.408  Charitable contributions.

    Unless specifically authorized by OFAC pursuant to this part, no 
charitable contribution of funds, goods,

[[Page 44059]]

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.  526.201. 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.  526.201 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.  526.409  Credit extended and cards issued by financial 
institutions to a person whose property and interests in property are 
blocked.

    The prohibition in Sec.  526.201 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.  526.201.


Sec.  526.410  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.  526.201 if effected after the effective 
date.


Sec.  526.411  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.  526.201 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.  
526.201, 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.  526.501  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 Hostages and Wrongfully Detained U.S. 
Nationals Sanctions page on OFAC's website: www.treas.gov/ofac.


Sec.  526.502  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.  526.503  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 constructive notice of the exclusions or restrictions.


Sec.  526.504  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.  
526.201 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.  526.504. See Sec.  501.603 of this chapter for 
mandatory reporting requirements regarding financial transfers. See 
also Sec.  526.203 concerning the obligation to hold blocked funds 
in interest-bearing accounts.

Sec.  526.505  Entries in certain accounts for normal service charges.

    (a) A U.S. financial institution is authorized to debit any blocked 
account

[[Page 44060]]

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.  526.506  Investment and reinvestment of certain funds.

    Subject to the requirements of Sec.  526.203, U.S. financial 
institutions are authorized to invest and reinvest assets blocked 
pursuant to Sec.  526.201, 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.  526.201.


Sec.  526.507  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.  526.201 is authorized, provided that any receipt of 
payment of professional fees and reimbursement of incurred expenses 
must be authorized pursuant to Sec.  526.508, 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.  526.201, 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.  526.404.
    (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.  526.201 is prohibited unless licensed 
pursuant to this part.

    Note 1 to Sec.  526.507. 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.  526.508  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.  526.507(a) to 
or on behalf of any person whose property and interests in property are 
blocked pursuant to Sec.  526.201, 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.  526.506(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.  526.201, 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 (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 Licensing Division, Office of Foreign Assets 
Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, 
Freedman's Bank Building, Washington, DC 20220.

[[Page 44061]]

Sec.  526.509  Emergency medical services.

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


Sec.  526.510  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.  526.511  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.  526.512  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.


Sec.  526.513  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, 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'' 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).

Subpart F--Reports


Sec.  526.601  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.  526.701  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

[[Page 44062]]

may be imposed on any person who violates, attempts to violate, 
conspires to violate, or causes a violation of any regulation in this 
part, 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 in this part, ruling, instruction, order, 
directive, or 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.  526.702  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 Enforcement Division 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.  526.703  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 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.  526.704  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.  526.705  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

[[Page 44063]]

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 
Enforcement Division 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 in this part 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.  526.801  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.  526.802  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. 14078 of July 19, 2022, 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.  526.901  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 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. 2023-14265 Filed 7-10-23; 8:45 am]
BILLING CODE P

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