North Korea Sanctions Regulations, 12233-12236 [2024-03255]
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations
by informal methods of conciliation,
conference and persuasion. Upon failure
of such conciliation the Commission
will notify the charging party. Such
notification enables the charging party
or any person aggrieved by the subject
matter of the charge to commence action
to enforce their rights without waiting
for the lapse of 60 days. Notification
under this section is not a Notice of
Dismissal or Termination under
§ 1626.17.
■ 5. Amend § 1626.15 by revising
paragraph (d) to read as follows:
§ 1626.15
Commission enforcement.
*
*
*
*
*
(d) Upon the failure of informal
conciliation, conference and persuasion
under section 7(b) of the Act, the
Commission may initiate and conduct
litigation.
*
*
*
*
*
Charlotte A. Burrows,
Chair, Equal Employment Opportunity
Commission.
[FR Doc. 2024–03176 Filed 2–15–24; 8:45 am]
BILLING CODE 6570–01–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 510
North Korea 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 amending the North
Korea Sanctions Regulations to modify
a general license that authorizes certain
transactions in support of specified
humanitarian activities of
nongovernmental organizations.
Additionally, OFAC is adding general
licenses to authorize the following:
transactions related to the exportation
and reexportation of items authorized
by the U.S. Department of Commerce;
the provision of certain agricultural
commodities, medicine, and medical
devices; and certain journalistic
activities in North Korea.
DATES: This rule is effective February
16, 2024.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing,
tel.: 202–622–2480; Assistant Director
for Regulatory Affairs, tel.: 202–622–
4855; or Assistant Director for
Compliance, tel.: 202–622–2490.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treas.gov/ofac.
Background
On November 4, 2010, OFAC issued
the North Korea Sanctions Regulations,
31 CFR part 510 (75 FR 67912,
November 4, 2010) (the ‘‘Regulations’’).
Since then, OFAC has amended the
Regulations several times. OFAC is now
amending the general license at
§ 510.512 of the Regulations, which
authorizes certain transactions in
support of specified humanitarian
activities of nongovernmental
organizations (NGOs) in North Korea, to
broaden the activities and transactions
authorized, including transactions with
certain Government of North Korea
entities that are necessary for the
provision of services authorized by
§ 510.512, and make other changes. As
a condition of the general license, NGOs
relying on the authorization must
submit a report to the U.S. Department
of State no fewer than 30 days before the
commencement of their activity
indicating that the NGO’s activities have
been approved by or notified to the
Security Council Committee established
pursuant to United Nations Security
Council resolution 1718 (2006), or that
the NGO’s activities do not require such
an approval or notification. The U.S.
Department of State may notify NGOs
within the two-week period following
submission of the report to inform them
that their activities are not authorized
by the NGO general license.
Additionally, this rule adds three new
general licenses to the Regulations.
Section 510.520 authorizes transactions
incident to the exportation or
reexportation to North Korea of items
(commodities, software, or technology)
subject to the Export Administration
Regulations, 15 CFR parts 730 through
774 (EAR), that have been licensed or
otherwise authorized by the U.S.
Department of Commerce under the
EAR, including on a ‘‘No License
Required’’ (NLR) basis due to the
availability of an EAR license exception.
Section 510.521 authorizes the
provision of certain agricultural
commodities, medicine, and medical
devices (excluding ‘‘luxury goods’’ as
described in 15 CFR 746.4(b)(1)) that are
not subject to the EAR to North Korea.
Section 510.522 authorizes U.S. news
reporting organizations and their
employees to engage in certain
journalistic activities in North Korea,
which OFAC authorizes via specific
license. Finally, this rule corrects a
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12233
typographic error in the authority
citation.
Public Participation
Because this amendment of the
Regulations involves a foreign affairs
function, the provisions of Executive
Order 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 510
Administrative practice and
procedure, Agricultural commodities,
Aircraft, Banks, Banking, Blocking of
assets, CAPTA List, Diplomatic
missions, Foreign financial institutions,
Foreign trade, Imports, Journalistic
activities, Medical devices, Medicine,
Nongovernmental organizations, North
Korea, Patents, Secondary sanctions,
Services, Telecommunications, United
Nations, Vessels, Workers’ Party of
Korea.
For the reasons set forth in the
preamble, OFAC amends 31 CFR part
510 as follows:
PART 510—NORTH KOREA
SANCTIONS REGULATIONS
1. The authority citation is revised to
read as follows:
■
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; 22 U.S.C.
287c, 9201–9255; Pub. L. 101–410, 104 Stat.
890, as amended (28 U.S.C. 2461 note); Pub.
L. 115–44, 131 Stat. 886 (codified in scattered
sections of 22 U.S.C.); E.O. 13466, 73 FR
36787, 3 CFR, 2008 Comp., p. 195; E.O.
13551, 75 FR 53837, 3 CFR, 2010 Comp., p.
242; E.O. 13570, 76 FR 22291, 3 CFR, 2011
Comp., p. 233; E.O. 13687, 80 FR 819, 3 CFR,
2015 Comp., p. 259; E.O. 13722, 81 FR 14943,
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations
3 CFR, 2016 Comp., p. 446; E.O. 13810, 82
FR 44705, 3 CFR, 2017 Comp., p. 379.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
■
2. Revise § 510.512 to read as follows:
§ 510.512 Certain transactions in support
of nongovernmental organizations’
activities.
(a) Except as provided in paragraph
(d) of this section, and subject to the
reporting requirements set forth in
paragraph (e) of this section, all
transactions, including the payment of
reasonable and customary taxes, fees,
and import duties to, and purchase or
receipt of permits, licenses, or public
utility services from, the Government of
North Korea that are ordinarily incident
and necessary to the activities described
in paragraph (b) of this section by a
nongovernmental organization (NGO)
are authorized, provided that the NGO
is not a person whose property and
interests in property are blocked
pursuant to this part.
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Note 1 to paragraph (a). The authorization
in paragraph (a) of this section includes the
exportation or reexportation of items
(commodities, software, or technology) not
subject to the Export Administration
Regulations (15 CFR parts 730 through 774)
(EAR) that are ordinarily incident and
necessary to activities described in paragraph
(b) of this section, except for items described
in paragraph (d)(3) of this section. Pursuant
to 15 CFR 746.4(a), a license from the
Department of Commerce is required to
export or reexport any item subject to the
EAR to North Korea, except food and
medicine designated as EAR99, unless a
license exception applies.
(b) The activities referenced in
paragraph (a) of this section are noncommercial activities designed to
directly benefit the civilian population
that fall into one of the following
categories:
(1) Activities to support humanitarian
projects to meet basic human needs,
including disaster, drought, or flood
relief; food, nutrition, or medicine
distribution; the provision of health
services; assistance for vulnerable or
displaced populations, including
individuals with disabilities and the
elderly; and environmental programs;
(2) Activities to support democracy
building, including activities to support
rule of law, citizen participation,
government accountability and
transparency, human rights and
fundamental freedoms, access to
information, and civil society
development projects;
(3) Activities to support education at
or below a secondary school level,
including combating illiteracy,
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increasing access to education at the
primary or secondary school level, and
assisting education reform projects,
provided that such education excludes
the subjects of math, sciences,
technology, engineering, and computer
programming;
(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) U.S. depository institutions, U.S.registered brokers or dealers in
securities, and U.S.-registered money
transmitters are authorized to process
transfers of funds on behalf of U.S. or
third-country NGOs, including transfers
of funds to or from North Korea, in
support of the activities authorized by
paragraph (a) of this section.
(d) This section does not authorize the
following transactions:
(1) The exportation or reexportation of
services to, charitable donations to or
for the benefit of, or any other
transactions involving the Government
of North Korea, the Workers’ Party of
Korea, or any other person whose
property and interests in property are
blocked pursuant to § 510.201, except as
ordinarily incident and necessary to an
activity authorized in paragraph (a) of
this section;
(2) Partnerships or partnership
agreements with any military,
intelligence, or law enforcement entity
owned or controlled by the Government
of North Korea, except as necessary to
export or import items to or from North
Korea that are licensed or otherwise
authorized pursuant to this part or
pursuant to the EAR; or
(3) Exportation or reexportation of any
item that would not be designated as
EAR99 if it were located in the United
States, unless exempt or authorized.
(e) NGOs relying on the authorization
in paragraph (a) of this section must
submit a report to the U.S. Department
of State via email at DPRK-NGO-GLNotification-DL@state.gov no fewer than
30 days before commencement of the
authorized activity with the following:
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(1) UN Security Council 1718
Committee (‘‘1718 Committee’’) report.
(i) If the NGO has received 1718
Committee approval with respect to its
activities to be conducted pursuant to
this section, a copy of such approval
along with the exemption request
submitted to the 1718 Committee; or
(ii) If the NGO has not received 1718
Committee approval with respect to its
activities to be conducted pursuant to
this section, either:
(A) A copy of any 1718 Committee
exemption request or notification that
has been or will be submitted to the
1718 Committee with respect to the
NGO’s activities; or
(B) A detailed explanation of why the
NGO’s proposed activities do not
require such an exemption or
notification, including:
(1) Items the NGO plans to transport
to North Korea related to activities
described in paragraph (b) of this
section, including items for personal use
by persons regularly employed by the
NGO;
(2) Estimated or actual dollar value of
the transaction(s), as determined by the
value of goods, services, or contracts;
(3) The parties involved, including
any persons owned, controlled, or
acting on behalf of the Government of
North Korea or the Workers Party of
Korea, as well as financial institutions
that may be involved in processing such
transactions;
(4) The type and scope of activities
conducted; and
(5) The dates or duration of the
activities.
(2) U.S. Department of State
confirmation. The U.S. Department of
State may notify an NGO within the 2week period following submission of
the report described in this paragraph
(e) to inform the NGO that it may not
rely upon this section.
(f) Specific licenses may be issued on
a case-by-case basis to authorize NGOs
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 to
directly benefit the civilian population
of North Korea.
Note 2 to § 510.512. This section does not
relieve any person authorized thereunder
from complying with any other applicable
laws or regulations.
■
3. Add § 510.520 to read as follows:
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§ 510.520 Transactions ordinarily incident
to the exportation or reexportation to North
Korea of items licensed or otherwise
authorized by the Department of
Commerce, and related services.
All transactions ordinarily incident to
the exportation or reexportation of items
(commodities, software, or technology)
to North Korea, including transactions
with the Government of North Korea or
any other person whose property and
interests in property are blocked
pursuant to § 510.201, and services
provided outside North Korea to install,
repair, or replace such items, are
authorized, provided that the
exportation or reexportation of such
items to North Korea is licensed or
otherwise authorized by the Department
of Commerce.
■ 4. Add § 510.521 to read as follows:
§ 510.521 Exportation or reexportation to
North Korea of certain agricultural
commodities, medicine, medical devices,
and replacement parts and components.
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(a) All transactions prohibited by
§ 510.206 that are related to the
exportation or reexportation to North
Korea of agricultural commodities,
medicine, medical devices, or
replacement parts or components for
medical devices, in each case that are
not subject to the Export Administration
Regulations (15 CFR parts 730 through
774) (EAR), are authorized, provided
that the agricultural commodities,
medicine, medical devices, or
replacement parts or components:
(1) Would be designated as EAR99 if
they were located in the United States;
(2) Are not luxury goods as set forth
in 15 CFR 746.4(b)(1), including
identified as examples of luxury goods
in 17 CFR part 746, supplement no. 1;
(3) Are approved for exportation or
reexportation to North Korea by the
Security Council Committee established
pursuant to United Nations Security
Council resolution 1718 (2006), to the
extent such approval is required;
(4) Are not exported or reexported to
any military, intelligence, or law
enforcement purchaser or importer; and
(5) Replacement parts are limited to a
one-for-one export or reexport basis (i.e.,
only one replacement part can be
exported or reexported to replace a
broken or non-operational part).
Note 1 to paragraph (a). Separate
authorization from OFAC is required for
export or reexport by a U.S. person to North
Korea of items that are not subject to the
EAR, other than agricultural commodities,
medicine, medical devices, or replacement
parts or components for medical devices as
described in this paragraph. See § 510.512 for
a general license authorizing certain
transactions by nongovernmental
organizations, including exports and
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reexports of certain items that are not subject
to the EAR.
(b) For the purposes of this section,
agricultural commodities, medicine, and
medical devices are defined as follows:
(1) Agricultural commodities. The
term agricultural commodities means
products:
(i) 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 for the purposes of food
production; or
(D) Reproductive materials (such as
live animals, fertilized eggs, embryos,
and semen) for the production of food
animals.
(2) Medicine. The term medicine
means 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 device. The term medical
device means an item that:
(i) Falls within the definition of
‘‘device’’ in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C.
321); and
(ii) Is not on the List of Medical
Devices Requiring Specific
Authorization, which is maintained on
OFAC’s website (www.treasury.gov/
ofac) on the North Korea Sanctions
page.
Note 2 to § 510.521. Pursuant to 17 CFR
746.4(a), a license from the Department of
Commerce is required to export or reexport
any item subject to the EAR to North Korea,
except food and medicine designated as
EAR99, unless a license exception applies.
■
5. Add § 510.522 to read as follows:
§ 510.522 Journalistic activities and
establishment of news bureaus in North
Korea.
(a) Subject to the conditions set forth
in paragraph (b) of this section, news
reporting organizations that are United
States persons, and individuals who are
United States persons regularly
employed by news reporting
organizations either as journalists
(including photojournalists) or as
supporting broadcast or technical
personnel, are authorized to engage in
the following transactions in North
Korea, provided that such transactions
are ordinarily incident and necessary to
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their journalistic activities or the
establishment or operation of a news
bureau in North Korea:
(1) Hiring and compensating support
staff in North Korea (e.g., stringers,
translators, interpreters, camera
operators, technical experts, freelance
producers, or drivers), persons to handle
logistics, or other office personnel as
needed;
(2) Leasing or renting office space;
(3) Purchasing, leasing, or renting
North Korean-origin goods and services
(e.g., mobile phones and related
airtime), selling such goods when no
longer needed to persons other than the
Government of North Korea or Worker’s
Party of Korea, or importing them into
the United States;
(4) Renting and using
telecommunications facilities in North
Korea and paying fees or taxes related
to the dissemination of information and
transmission of news feeds (e.g., fees for
satellite uplink facilities, or live news
feeds);
(5) Exporting and reexporting to North
Korea, and subsequently reexporting
from North Korea, equipment that is not
subject to the Export Administration
Regulations (15 CFR parts 730 through
774) (EAR), and that is ordinarily
incident and necessary to journalistic
activities, provided that:
(i) Such equipment would be
designated as EAR99 if it were located
in the United States;
(ii) The exportation or reexportation is
approved by the Security Council
Committee established pursuant to
United Nations Security Council
resolution 1718 (2006), to the extent
such approval is required; and
(iii) Such equipment remains under
the effective control and in the physical
possession of the news reporting
organization or journalist exporting
such equipment while it is in North
Korea and is reexported from North
Korea to the United States or a third
country when no longer needed for
journalistic activities in North Korea;
and
(6) Paying for all expenses ordinarily
incident and necessary to journalistic
activities, including sales or
employment taxes to the Government of
North Korea.
Note 1 to paragraph (a). This section does
not relieve any person authorized thereunder
from complying with any other applicable
laws or regulations. Pursuant to 15 CFR
746.4(a), a license from the Department of
Commerce is required to export or reexport
any item (commodities, software, or
technology) subject to the EAR to North
Korea, except food and medicine designated
as EAR99, unless a license exception applies.
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Federal Register / Vol. 89, No. 33 / Friday, February 16, 2024 / Rules and Regulations
Note 2 to paragraph (a). See § 510.520 for
a general license authorizing transactions
ordinarily incident to the exportation or
reexportation to North Korea of items that are
licensed or otherwise authorized by the
Department of Commerce.
(b) For the purposes of this section,
the term ‘‘news reporting organization’’
means an entity whose primary purpose
is the gathering and dissemination of
news to the general public.
Note 3 to § 510.522. As of September 1,
2017, the U.S. Department of State has
restricted the use of U.S. passports to travel
into, in, or through North Korea. See 22 CFR
51.63. U.S. nationals who wish to travel to
or within North Korea for the extremely
limited purposes that are set forth in Federal
regulations must apply for a passport with a
special validation from the Department of
State. See travel.state.gov for additional
details.
Bradley T. Smith,
Director, Office of Foreign Assets Control.
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
II. Background Information and
Regulatory History
The Captain of the Port Sector Ohio
Valley (COTP) is establishing,
amending, and updating its current list
of recurring special local regulations
codified under 33 CFR 100.801 in Table
no. 1, for the COTP Ohio Valley zone.
On December 13, 2023, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled Sector Ohio
Valley Annual and Recurring Special
Local Regulations Update (86 FR
69602). There we stated why we issued
the NPRM, and invited comments on
our proposed regulatory action related
to those recurring regulated areas.
During the comment period that ended
January 12, 2024, no comments were
received. A detailed description of the
changes is provided in the proposed
rule.
The Coast Guard is amending
and updating its special local
regulations for recurring marine
parades, regattas, and other events that
take place in the Coast Guard Sector
Ohio Valley area of responsibility
(AOR). This rule informs the public of
regularly scheduled events that require
additional safety measures through the
establishing of a special local regulation.
Through this rulemaking, the current
list of recurring special local regulations
is updated with revisions, additional
events, and removal of events that no
longer take place in Sector Ohio Valley’s
AOR. When these special local
regulations are enforced, certain
restrictions are placed on marine traffic
in specified areas.
DATES: This rule is effective on March
18, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Coast Guard is amending and updating
the special local regulations under 33
CFR part 100 to include the most up to
date list of recurring special local
regulations for events held on or around
navigable waters within the Sector Ohio
Valley AOR. These events include
marine parades, boat races, swim
events, and others. The current list
under 33 CFR 100.801 requires
amending to provide new information
on existing special local regulations,
include new special local regulations
expected to recur annually or
biannually, and to remove special local
regulations that are no longer required.
Issuing individual regulations for each
new special local regulation,
amendment, or removal of an existing
special local regulation creates
[FR Doc. 2024–03255 Filed 2–15–24; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0903]
RIN 1625–AA08
Special Local Regulations; Sector Ohio
Valley Annual and Recurring Special
Local Regulations
AGENCY:
SUMMARY:
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available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0903 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Petty Officer Kostas
Papakonstantinou, Sector Ohio Valley,
U.S. Coast Guard, U.S. Coast Guard;
telephone (502) 779–5348, email
SECOHV-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
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unnecessary administrative costs and
burdens. This rulemaking reduces
administrative overhead and provides
the public with notice through
publication in the Federal Register of
the upcoming recurring special local
regulations.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
December 13th, 2023. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM. This rule amends and updates
part 100 of 33 CFR by revising the
current table for Sector Ohio Valley, and
by adding four new recurring special
local regulations, removing two special
local regulations, and amending twentyseven special local regulations as
described in the NPRM. Vessels
intending to transit the designated
waterway through the safety zone will
only be allowed to transit the area when
the COTP, or designated representative,
has deemed it safe to do so or at the
completion of the event.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
The Coast Guard expects the
economic impact of this rule to be
minimal, and therefore a full regulatory
evaluation is unnecessary. This rule
establishes special local regulations
limiting access to certain areas under 33
CFR 100 within Sector Ohio Valley’s
AOR. The effect of this rulemaking will
not be significant because these special
local regulations are limited in scope
and duration. Deviation from the special
local regulations established through
this rulemaking may be requested from
the appropriate COTP and requests will
be considered on a case-by-case basis.
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]]>Agencies
[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12233-12236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03255]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 510
North Korea 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 amending the North Korea Sanctions Regulations to
modify a general license that authorizes certain transactions in
support of specified humanitarian activities of nongovernmental
organizations. Additionally, OFAC is adding general licenses to
authorize the following: transactions related to the exportation and
reexportation of items authorized by the U.S. Department of Commerce;
the provision of certain agricultural commodities, medicine, and
medical devices; and certain journalistic activities in North Korea.
DATES: This rule is effective February 16, 2024.
FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for
Licensing, tel.: 202-622-2480; Assistant Director for Regulatory
Affairs, tel.: 202-622-4855; or Assistant Director for Compliance,
tel.: 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 November 4, 2010, OFAC issued the North Korea Sanctions
Regulations, 31 CFR part 510 (75 FR 67912, November 4, 2010) (the
``Regulations''). Since then, OFAC has amended the Regulations several
times. OFAC is now amending the general license at Sec. 510.512 of the
Regulations, which authorizes certain transactions in support of
specified humanitarian activities of nongovernmental organizations
(NGOs) in North Korea, to broaden the activities and transactions
authorized, including transactions with certain Government of North
Korea entities that are necessary for the provision of services
authorized by Sec. 510.512, and make other changes. As a condition of
the general license, NGOs relying on the authorization must submit a
report to the U.S. Department of State no fewer than 30 days before the
commencement of their activity indicating that the NGO's activities
have been approved by or notified to the Security Council Committee
established pursuant to United Nations Security Council resolution 1718
(2006), or that the NGO's activities do not require such an approval or
notification. The U.S. Department of State may notify NGOs within the
two-week period following submission of the report to inform them that
their activities are not authorized by the NGO general license.
Additionally, this rule adds three new general licenses to the
Regulations. Section 510.520 authorizes transactions incident to the
exportation or reexportation to North Korea of items (commodities,
software, or technology) subject to the Export Administration
Regulations, 15 CFR parts 730 through 774 (EAR), that have been
licensed or otherwise authorized by the U.S. Department of Commerce
under the EAR, including on a ``No License Required'' (NLR) basis due
to the availability of an EAR license exception. Section 510.521
authorizes the provision of certain agricultural commodities, medicine,
and medical devices (excluding ``luxury goods'' as described in 15 CFR
746.4(b)(1)) that are not subject to the EAR to North Korea. Section
510.522 authorizes U.S. news reporting organizations and their
employees to engage in certain journalistic activities in North Korea,
which OFAC authorizes via specific license. Finally, this rule corrects
a typographic error in the authority citation.
Public Participation
Because this amendment of the Regulations involves a foreign
affairs function, the provisions of Executive Order 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 510
Administrative practice and procedure, Agricultural commodities,
Aircraft, Banks, Banking, Blocking of assets, CAPTA List, Diplomatic
missions, Foreign financial institutions, Foreign trade, Imports,
Journalistic activities, Medical devices, Medicine, Nongovernmental
organizations, North Korea, Patents, Secondary sanctions, Services,
Telecommunications, United Nations, Vessels, Workers' Party of Korea.
For the reasons set forth in the preamble, OFAC amends 31 CFR part
510 as follows:
PART 510--NORTH KOREA SANCTIONS REGULATIONS
0
1. The authority citation is revised to read as follows:
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651,
1701-1706; 22 U.S.C. 287c, 9201-9255; Pub. L. 101-410, 104 Stat.
890, as amended (28 U.S.C. 2461 note); Pub. L. 115-44, 131 Stat. 886
(codified in scattered sections of 22 U.S.C.); E.O. 13466, 73 FR
36787, 3 CFR, 2008 Comp., p. 195; E.O. 13551, 75 FR 53837, 3 CFR,
2010 Comp., p. 242; E.O. 13570, 76 FR 22291, 3 CFR, 2011 Comp., p.
233; E.O. 13687, 80 FR 819, 3 CFR, 2015 Comp., p. 259; E.O. 13722,
81 FR 14943,
[[Page 12234]]
3 CFR, 2016 Comp., p. 446; E.O. 13810, 82 FR 44705, 3 CFR, 2017
Comp., p. 379.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Revise Sec. 510.512 to read as follows:
Sec. 510.512 Certain transactions in support of nongovernmental
organizations' activities.
(a) Except as provided in paragraph (d) of this section, and
subject to the reporting requirements set forth in paragraph (e) of
this section, all transactions, including the payment of reasonable and
customary taxes, fees, and import duties to, and purchase or receipt of
permits, licenses, or public utility services from, the Government of
North Korea that are ordinarily incident and necessary to the
activities described in paragraph (b) of this section by a
nongovernmental organization (NGO) are authorized, provided that the
NGO is not a person whose property and interests in property are
blocked pursuant to this part.
Note 1 to paragraph (a). The authorization in paragraph (a) of
this section includes the exportation or reexportation of items
(commodities, software, or technology) not subject to the Export
Administration Regulations (15 CFR parts 730 through 774) (EAR) that
are ordinarily incident and necessary to activities described in
paragraph (b) of this section, except for items described in
paragraph (d)(3) of this section. Pursuant to 15 CFR 746.4(a), a
license from the Department of Commerce is required to export or
reexport any item subject to the EAR to North Korea, except food and
medicine designated as EAR99, unless a license exception applies.
(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 at or below a secondary school
level, including combating illiteracy, increasing access to education
at the primary or secondary school level, and assisting education
reform projects, provided that such education excludes the subjects of
math, sciences, technology, engineering, and computer programming;
(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) U.S. depository institutions, U.S.-registered brokers or
dealers in securities, and U.S.-registered money transmitters are
authorized to process transfers of funds on behalf of U.S. or third-
country NGOs, including transfers of funds to or from North Korea, in
support of the activities authorized by paragraph (a) of this section.
(d) This section does not authorize the following transactions:
(1) The exportation or reexportation of services to, charitable
donations to or for the benefit of, or any other transactions involving
the Government of North Korea, the Workers' Party of Korea, or any
other person whose property and interests in property are blocked
pursuant to Sec. 510.201, except as ordinarily incident and necessary
to an activity authorized in paragraph (a) of this section;
(2) Partnerships or partnership agreements with any military,
intelligence, or law enforcement entity owned or controlled by the
Government of North Korea, except as necessary to export or import
items to or from North Korea that are licensed or otherwise authorized
pursuant to this part or pursuant to the EAR; or
(3) Exportation or reexportation of any item that would not be
designated as EAR99 if it were located in the United States, unless
exempt or authorized.
(e) NGOs relying on the authorization in paragraph (a) of this
section must submit a report to the U.S. Department of State via email
at [email protected] no fewer than 30 days before
commencement of the authorized activity with the following:
(1) UN Security Council 1718 Committee (``1718 Committee'') report.
(i) If the NGO has received 1718 Committee approval with respect to its
activities to be conducted pursuant to this section, a copy of such
approval along with the exemption request submitted to the 1718
Committee; or
(ii) If the NGO has not received 1718 Committee approval with
respect to its activities to be conducted pursuant to this section,
either:
(A) A copy of any 1718 Committee exemption request or notification
that has been or will be submitted to the 1718 Committee with respect
to the NGO's activities; or
(B) A detailed explanation of why the NGO's proposed activities do
not require such an exemption or notification, including:
(1) Items the NGO plans to transport to North Korea related to
activities described in paragraph (b) of this section, including items
for personal use by persons regularly employed by the NGO;
(2) Estimated or actual dollar value of the transaction(s), as
determined by the value of goods, services, or contracts;
(3) The parties involved, including any persons owned, controlled,
or acting on behalf of the Government of North Korea or the Workers
Party of Korea, as well as financial institutions that may be involved
in processing such transactions;
(4) The type and scope of activities conducted; and
(5) The dates or duration of the activities.
(2) U.S. Department of State confirmation. The U.S. Department of
State may notify an NGO within the 2-week period following submission
of the report described in this paragraph (e) to inform the NGO that it
may not rely upon this section.
(f) Specific licenses may be issued on a case-by-case basis to
authorize NGOs 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 to directly
benefit the civilian population of North Korea.
Note 2 to Sec. 510.512. This section does not relieve any
person authorized thereunder from complying with any other
applicable laws or regulations.
0
3. Add Sec. 510.520 to read as follows:
[[Page 12235]]
Sec. 510.520 Transactions ordinarily incident to the exportation or
reexportation to North Korea of items licensed or otherwise authorized
by the Department of Commerce, and related services.
All transactions ordinarily incident to the exportation or
reexportation of items (commodities, software, or technology) to North
Korea, including transactions with the Government of North Korea or any
other person whose property and interests in property are blocked
pursuant to Sec. 510.201, and services provided outside North Korea to
install, repair, or replace such items, are authorized, provided that
the exportation or reexportation of such items to North Korea is
licensed or otherwise authorized by the Department of Commerce.
0
4. Add Sec. 510.521 to read as follows:
Sec. 510.521 Exportation or reexportation to North Korea of certain
agricultural commodities, medicine, medical devices, and replacement
parts and components.
(a) All transactions prohibited by Sec. 510.206 that are related
to the exportation or reexportation to North Korea of agricultural
commodities, medicine, medical devices, or replacement parts or
components for medical devices, in each case that are not subject to
the Export Administration Regulations (15 CFR parts 730 through 774)
(EAR), are authorized, provided that the agricultural commodities,
medicine, medical devices, or replacement parts or components:
(1) Would be designated as EAR99 if they were located in the United
States;
(2) Are not luxury goods as set forth in 15 CFR 746.4(b)(1),
including identified as examples of luxury goods in 17 CFR part 746,
supplement no. 1;
(3) Are approved for exportation or reexportation to North Korea by
the Security Council Committee established pursuant to United Nations
Security Council resolution 1718 (2006), to the extent such approval is
required;
(4) Are not exported or reexported to any military, intelligence,
or law enforcement purchaser or importer; and
(5) Replacement parts are limited to a one-for-one export or
reexport basis (i.e., only one replacement part can be exported or
reexported to replace a broken or non-operational part).
Note 1 to paragraph (a). Separate authorization from OFAC is
required for export or reexport by a U.S. person to North Korea of
items that are not subject to the EAR, other than agricultural
commodities, medicine, medical devices, or replacement parts or
components for medical devices as described in this paragraph. See
Sec. 510.512 for a general license authorizing certain transactions
by nongovernmental organizations, including exports and reexports of
certain items that are not subject to the EAR.
(b) For the purposes of this section, agricultural commodities,
medicine, and medical devices are defined as follows:
(1) Agricultural commodities. The term agricultural commodities
means products:
(i) 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 for the purposes of food production; or
(D) Reproductive materials (such as live animals, fertilized eggs,
embryos, and semen) for the production of food animals.
(2) Medicine. The term medicine means 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 device. The term medical device means an item that:
(i) Falls within the definition of ``device'' in section 201 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); and
(ii) Is not on the List of Medical Devices Requiring Specific
Authorization, which is maintained on OFAC's website (www.treasury.gov/ofac) on the North Korea Sanctions page.
Note 2 to Sec. 510.521. Pursuant to 17 CFR 746.4(a), a license
from the Department of Commerce is required to export or reexport
any item subject to the EAR to North Korea, except food and medicine
designated as EAR99, unless a license exception applies.
0
5. Add Sec. 510.522 to read as follows:
Sec. 510.522 Journalistic activities and establishment of news
bureaus in North Korea.
(a) Subject to the conditions set forth in paragraph (b) of this
section, news reporting organizations that are United States persons,
and individuals who are United States persons regularly employed by
news reporting organizations either as journalists (including
photojournalists) or as supporting broadcast or technical personnel,
are authorized to engage in the following transactions in North Korea,
provided that such transactions are ordinarily incident and necessary
to their journalistic activities or the establishment or operation of a
news bureau in North Korea:
(1) Hiring and compensating support staff in North Korea (e.g.,
stringers, translators, interpreters, camera operators, technical
experts, freelance producers, or drivers), persons to handle logistics,
or other office personnel as needed;
(2) Leasing or renting office space;
(3) Purchasing, leasing, or renting North Korean-origin goods and
services (e.g., mobile phones and related airtime), selling such goods
when no longer needed to persons other than the Government of North
Korea or Worker's Party of Korea, or importing them into the United
States;
(4) Renting and using telecommunications facilities in North Korea
and paying fees or taxes related to the dissemination of information
and transmission of news feeds (e.g., fees for satellite uplink
facilities, or live news feeds);
(5) Exporting and reexporting to North Korea, and subsequently
reexporting from North Korea, equipment that is not subject to the
Export Administration Regulations (15 CFR parts 730 through 774) (EAR),
and that is ordinarily incident and necessary to journalistic
activities, provided that:
(i) Such equipment would be designated as EAR99 if it were located
in the United States;
(ii) The exportation or reexportation is approved by the Security
Council Committee established pursuant to United Nations Security
Council resolution 1718 (2006), to the extent such approval is
required; and
(iii) Such equipment remains under the effective control and in the
physical possession of the news reporting organization or journalist
exporting such equipment while it is in North Korea and is reexported
from North Korea to the United States or a third country when no longer
needed for journalistic activities in North Korea; and
(6) Paying for all expenses ordinarily incident and necessary to
journalistic activities, including sales or employment taxes to the
Government of North Korea.
Note 1 to paragraph (a). This section does not relieve any
person authorized thereunder from complying with any other
applicable laws or regulations. Pursuant to 15 CFR 746.4(a), a
license from the Department of Commerce is required to export or
reexport any item (commodities, software, or technology) subject to
the EAR to North Korea, except food and medicine designated as
EAR99, unless a license exception applies.
[[Page 12236]]
Note 2 to paragraph (a). See Sec. 510.520 for a general
license authorizing transactions ordinarily incident to the
exportation or reexportation to North Korea of items that are
licensed or otherwise authorized by the Department of Commerce.
(b) For the purposes of this section, the term ``news reporting
organization'' means an entity whose primary purpose is the gathering
and dissemination of news to the general public.
Note 3 to Sec. 510.522. As of September 1, 2017, the U.S.
Department of State has restricted the use of U.S. passports to
travel into, in, or through North Korea. See 22 CFR 51.63. U.S.
nationals who wish to travel to or within North Korea for the
extremely limited purposes that are set forth in Federal regulations
must apply for a passport with a special validation from the
Department of State. See travel.state.gov for additional details.
Bradley T. Smith,
Director, Office of Foreign Assets Control.
[FR Doc. 2024-03255 Filed 2-15-24; 8:45 am]
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