Reporting, Procedures and Penalties Regulations, 13286-13287 [2025-04864]

Agencies

• DEPARTMENT OF THE TREASURY
• Office of Foreign Assets Control

[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Rules and Regulations]
[Pages 13286-13287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04864]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Parts 501 and 515


Reporting, Procedures and Penalties 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 issuing this final rule to adopt, without change, an 
interim final rule to amend the Reporting, Procedures and Penalties 
Regulations (the ``Regulations''), extending certain recordkeeping 
requirements from five to 10 years, consistent with the statute of 
limitations for violations of certain sanctions administered by OFAC.

DATES: Effective March 21, 2025.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing, 202-
622-4570; Assistant Director for Regulatory Affairs, 202-622-4855; 
Assistant Director for Compliance, 202-622-2490 or https://ofac.treasury.gov/contact-ofac.

SUPPLEMENTARY INFORMATION:

Background

    On April 24, 2024, the President signed into law the 21st Century 
Peace through Strength Act, Public Law 118-50, div. D (the ``Act''). 
Section 3111 of the Act extended from five years to 10 years the 
statute of limitations for civil and criminal violations of the 
International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq. 
(IEEPA), and the Trading with the Enemy Act, 50 U.S.C. 4301 et seq. 
(TWEA).
    On September 13, 2024, OFAC published an interim final rule (89 FR 
74832, September 13, 2024) with a 30-day public comment period to 
solicit public comments on amending the Regulations to extend from five 
to 10 years the recordkeeping requirements codified at 31 CFR 501.601, 
paragraph IV.B of appendix A to part 501, and 515.572, consistent with 
the statute of limitations for violations of certain sanctions 
prohibitions administered by OFAC. OFAC received three relevant written 
submissions on the proposed rule, which are available on the public 
rulemaking docket at https://www.regulations.gov. OFAC considered each 
submission but made no revisions in this rule in response to the 
comments.
    The first comment was general in nature, for example, supporting 
OFAC's efforts to extend recordkeeping requirements for certain 
transactions from five to 10 years, consistent with the statute of 
limitations for violations of certain sanctions administered by OFAC. 
That comment also stated that the rule has a broad scope and sought 
additional guidance on the applicability of the rule.
    The second comment suggested that OFAC postpone enacting the new 
recordkeeping requirements to give stakeholders more time to acquire 
additional resources and storage capacity and to adjust their current 
recordkeeping practices to conform to the new recordkeeping 
requirements of OFAC. However, OFAC believes that it has provided 
sufficient time for recordkeepers to adjust because the relevant 
statute was signed into law in April 2024, and OFAC published the 
interim final rule with a six-month delay in effective date (March 12, 
2025).
    Finally, the third comment noted that financial institutions 
subject to European Union (EU) regulations on anti-money laundering and 
counter-terrorism financing may face difficulties in complying with 
this new 10-year recordkeeping requirement. Specifically, the comment 
states that article 40 of EU Directive 2015/849, on the prevention of 
the use of the financial system for the purposes of money laundering or 
terrorist financing, mandates that records of transactions must be 
deleted five years after the end of a business relationship with 
regular clients, or after the transaction for occasional clients, 
because this data is considered ``personal'' by EU authorities. OFAC is 
mindful that this may create instances in which there is potential 
tension between EU and U.S. retention requirements and has accounted 
for potential conflict of laws issues in assessing apparent violations 
in General Factor K of OFAC's Enforcement Guidelines. See 74 FR 57593.
    Based on the rationale set forth in the interim final rule and this 
final rule, OFAC is adopting the interim final rule with no changes.

Electronic Availability

    This document and additional information concerning OFAC are 
available on OFAC's website: https://ofac.treasury.gov.

Public Participation

    Because the amendment of the Regulations is a rule of agency 
procedure and 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

[[Page 13287]]

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

    Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), 
the collections of information related to 31 CFR 501.601, paragraph 
IV.B of appendix A to part 501, and Sec.  515.572 have been previously 
approved by the Office of Management and Budget (OMB) under control 
number 1505-0164. This final rule modifies the requirements for 
recordkeeping under these sections by increasing the period for 
recordkeeping to 10 years from five years to align with a statutory 
amendment. On September 12, 2024, OFAC issued a Federal Register notice 
and requests for comments on this information collection, as well as an 
unrelated consolidation of certain OFAC information collections under 
OMB control number 1505-0164, and received no public comments. The 
request has been submitted to OMB for review. 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

31 CFR Part 501

    Administrative practice and procedure, Banks, Banking, Exports, 
Foreign trade, Licensing and registration, Penalties, Reporting and 
recordkeeping requirements.

31 CFR Part 515

    Administrative practice and procedure, Banks, Banking, Cuba, 
Exports, Foreign trade, Imports, Licensing and registration, Penalties, 
Reporting and recordkeeping requirements.

PART 501--REPORTING, PROCEDURES AND PENALTIES REGULATIONS

PART 515--CUBAN ASSETS CONTROL REGULATIONS

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Accordingly, the interim final rule amending 31 CFR parts 501 and 515 
published at 89 FR 74832 on September 13, 2024, is adopted as final 
without change.

Lisa M. Palluconi,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2025-04864 Filed 3-19-25; 8:45 am]
BILLING CODE 4810-AL-P