-
Start Preamble
AGENCY:
Office of Foreign Assets Control, Treasury.
ACTION:
Final rule.
SUMMARY:
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is issuing this final rule to adjust certain civil monetary penalties for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
DATES:
This rule is effective April 9, 2020.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing, 202-622-2480; Assistant Director for Regulatory Affairs, 202-622-4855; Assistant Director for Sanctions Compliance & Evaluation, 202-622-2490.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are available from OFAC's website (www.treasury.gov/ofac).
Background
Section 4 of the Federal Civil Penalties Inflation Adjustment Act (1990 Pub. L. 101-410, 104 Stat. 890; 28 U.S.C. 2461 note), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134, 110 Stat. 1321-373) and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74, 129 Stat. 599, 28 U.S.C. 2461 note) (collectively, the FCPIA Act), requires each federal agency with statutory authority to assess civil monetary penalties (CMPs) to adjust CMPs annually for inflation according to a formula described in section 5 of the FCPIA Act. One purpose of the FCPIA Act is to ensure that CMPs continue to maintain their deterrent effect through periodic cost-of-living based adjustments.
OFAC has adjusted its CMPs four times since the Federal Civil Penalties Inflation Adjustment Act Improvements Act went into effect on November 2, 2015: An initial catch-up adjustment on August 1, 2016 (81 FR 43070, July 1, 2016), and annual adjustments on February 10, 2017 (82 FR 10434, February 10, 2017), March 19, 2018 (83 FR 11876, March 19, 2018), and June 14, 2019 (84 FR 27714, June 14, 2019).
Method of Calculation
The method of calculating CMP adjustments applied in this final rule is required by the FCPIA Act. Under the FCPIA Act and the Office of Management and Budget guidance required by the FCPIA Act, annual inflation adjustments subsequent to the initial catch-up adjustment are to be based on the percent change between the Consumer Price Index for all Urban Consumers (“CPI-U”) for the October preceding the date of the adjustment and the prior year's October CPI-U. As set forth in Office of Management and Budget Memorandum M-20-05 of December 16, 2019, the adjustment multiplier for 2020 is 1.01764. In order to complete the 2020 annual adjustment, each current CMP is multiplied by the 2020 adjustment multiplier. Under the FCPIA Act, any increase in CMP must be rounded to the nearest multiple of $1.
New Penalty Amounts
OFAC imposes CMPs pursuant to the penalty authority in five statutes: the Trading With the Enemy Act (50 U.S.C. 4301-4341, at 4315) (TWEA); the International Emergency Economic Powers Act (50 U.S.C. 1701-1706, at 1705) (IEEPA); the Antiterrorism and Effective Death Penalty Act of 1996 (Pub. L. 104-132, 110 Stat. 1212-1319, at 1250; 18 U.S.C. 2339B) (AEDPA); the Foreign Narcotics Kingpin Designation Act (Pub. L. 106-120, 113 Stat. 1626-1636, at 1632; 21 U.S.C. 1901-1908, at 1906) (FNKDA); and the Clean Diamond Trade Act (Pub. L. 108-19, 117 Stat. 631-637, at 634; 19 U.S.C. 3901-3913, at 3907) (CDTA).
The table below summarizes the existing and new maximum CMP amounts.
Statute Existing maximum CMP amount Maximum CMP amount effective April 9, 2020 TWEA $89,170 $90,743 IEEPA 302,584 307,922 AEDPA 79,874 81,283 Start Printed Page 19885 FNKDA 1,503,470 1,529,991 CDTA 13,669 13,910 In addition to updating these maximum CMP amounts, OFAC is also updating two references to one-half the IEEPA maximum CMP from $151,292 to $153,961.
Finally, OFAC is making the following technical changes in the authorities sections of the parts of 31 CFR chapter V that are being amended by this rule: (i) In the authorities sections of 31 CFR parts 501 and 542, OFAC is correcting a typographic error and is changing certain hyphens to en dashes; (ii) in the authorities sections of 31 CFR parts 510, 560, 561, and 583, OFAC is adding CFR Compilation citations for more recently issued Presidential documents listed in those authorities sections and is changing certain hyphens to en dashes; and (iii) in the authorities sections of 31 CFR parts 535, 536, 539, 541, 544, 546, 547, 548, 549, 566, 576, 584, 588, 592, 594, and 598, OFAC is changing certain hyphens to en dashes.
Public Participation
The FCPIA Act expressly exempts this final rule from the notice and comment requirements of the Administrative Procedure Act, by directing agencies to adjust CMPs for inflation “notwithstanding section 553 of title 5, United States Code” (Pub. L. 114-74, 129 Stat. 599; 28 U.S.C. 2461 note). As such, this final rule is being issued without prior public notice or opportunity for public comment, with an effective date of April 9, 2020. Because the amended regulations involve a foreign affairs function, the provisions of Executive Order 13771 are inapplicable.
Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does not impose information collection requirements that would require the approval of the Office of Management and Budget under 44 U.S.C. 3501 et seq.
Start List of SubjectsList of Subjects in 31 CFR Parts 501, 510, 535, 536, 539, 541, 542, 544, 546, 547, 548, 549, 560, 561, 566, 576, 583, 584, 588, 592, 594, 597, and 598
- Administrative practice and procedure
- Banks
- Banking
- Blocking of assets
- Exports
- Foreign trade
- Licensing
- Penalties
- Sanctions
For the reasons set forth in the preamble, the Department of the Treasury's Office of Foreign Assets Control amends 31 CFR chapter V as follows:
Start PartPART 501—REPORTING, PROCEDURES AND PENALTIES REGULATIONS
End Part Start Amendment Part1. The authority citation for part 501 is revised to read as follows:
End Amendment PartSubpart D—Trading With the Enemy Act (TWEA) Penalties
[Amended]2. In § 501.701(a)(3), remove “$89,170” and add in its place “$90,743”.
End Amendment Part Start Amendment Part3. Amend appendix A to part 501 as follows:
End Amendment Part Start Amendment Parta. In paragraph V.B.2.a.i., remove “$151,292” and add in its place “$153,961” and remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start Amendment Partb. In paragraph V.B.2.a.ii., remove “$302,584” in all three locations where it appears and add in its place in all three locations “$307,922”.
End Amendment Part Start Amendment Partc. In paragraph V.B.2.a.v., remove “$302,584” and add in its place “$307,922”, remove “$89,170” and add in its place “$90,743”, remove “$1,503,470” and add in its place “$1,529,991”, remove “$79,874” and add in its place “$81,283”, and remove “$13,669” and add in its place “$13,910”.
End Amendment Part Start Amendment Partd. Revise paragraph V.B.2.a.vi.
End Amendment PartThe revision reads as follows:
Appendix A to Part 501—Economic Sanctions Enforcement Guidelines
* * * * *V. * * *
B. * * *
2. * * *
a. * * *
vi. The following matrix represents the base amount of the proposed civil penalty for each category of violation:
Start Printed Page 19886* * * * *Start PartPART 510—NORTH KOREA SANCTIONS REGULATIONS
End Part Start Amendment Part4. The authority citation for part 510 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]5. In § 510.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 535—IRANIAN ASSETS CONTROL REGULATIONS
End Part Start Amendment Part6. The authority citation for part 535 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]7. In § 535.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 536—NARCOTICS TRAFFICKING SANCTIONS REGULATIONS
End Part Start Amendment Part8. The authority citation for part 536 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]9. In § 536.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 539—WEAPONS OF MASS DESTRUCTION TRADE CONTROL REGULATIONS
End Part Start Amendment Part10. The authority citation for part 539 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]11. In § 539.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 541—ZIMBABWE SANCTIONS REGULATIONS
End Part Start Amendment Part12. The authority citation for part 541 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]13. In § 541.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 542—SYRIAN SANCTIONS REGULATIONS
End Part Start Amendment Part14. The authority citation for part 542 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]15. In § 542.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 544—WEAPONS OF MASS DESTRUCTION PROLIFERATORS SANCTIONS REGULATIONS
End Part Start Amendment Part16. The authority citation for part 544 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]17. In § 544.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 546—DARFUR SANCTIONS REGULATIONS
End Part Start Amendment Part18. The authority citation for part 546 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]19. In § 546.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 547—DEMOCRATIC REPUBLIC OF THE CONGO SANCTIONS REGULATIONS
End Part Start Amendment Part20. The authority citation for part 547 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]21. In § 547.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 548—BELARUS SANCTIONS REGULATIONS
End Part Start Amendment Part22. The authority citation for part 548 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]23. In § 548.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 549—LEBANON SANCTIONS REGULATIONS
End Part Start Amendment Part24. The authority citation for part 549 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]25. In § 549.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 560—IRANIAN TRANSACTIONS AND SANCTIONS REGULATIONS
End Part Start Amendment Part26. The authority citation for part 560 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]27. In § 560.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 561—IRANIAN FINANCIAL SANCTIONS REGULATIONS
End Part Start Amendment Part28. The authority citation for part 561 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]29. In § 561.701(a)(4), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 566—HIZBALLAH FINANCIAL SANCTIONS REGULATIONS
End Part Start Amendment Part30. The authority citation for part 566 is revised to read as follows:
End Amendment Part Start Printed Page 19888Subpart G—Penalties
[Amended]31. In § 566.701(b), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 576—IRAQ STABILIZATION AND INSURGENCY SANCTIONS REGULATIONS
End Part Start Amendment Part32. The authority citation for part 576 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]33. In § 576.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 583—GLOBAL MAGNITSKY SANCTIONS REGULATIONS
End Part Start Amendment Part34. The authority citation for part 583 is revised to read as follows:
End Amendment Part[Amended]35. In § 583.701(c), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 584—MAGNITSKY ACT SANCTIONS REGULATIONS
End Part Start Amendment Part36. The authority citation for part 584 is revised to read as follows:
End Amendment Part[Amended]37. In § 584.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 588—WESTERN BALKANS STABILIZATION REGULATIONS
End Part Start Amendment Part38. The authority citation for part 588 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]39. In § 588.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 592—ROUGH DIAMONDS CONTROL REGULATIONS
End Part Start Amendment Part40. The authority citation for part 592 is revised to read as follows:
End Amendment PartSubpart F—Penalties
[Amended]41. In § 592.601(a)(2), remove “$13,669” and add in its place “$13,910”.
End Amendment Part Start PartPART 594—GLOBAL TERRORISM SANCTIONS REGULATIONS
End Part Start Amendment Part42. The authority citation for part 594 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]43. In § 594.701(a)(2), remove “$302,584” and add in its place “$307,922”.
End Amendment Part Start PartPART 597—FOREIGN TERRORIST ORGANIZATIONS SANCTIONS REGULATIONS
End Part Start Amendment Part44. The authority citation for part 597 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]45. In § 597.701(b)(3), remove “$79,874” and add in its place “$81,283”.
End Amendment Part Start PartPART 598—FOREIGN NARCOTICS KINGPIN SANCTIONS REGULATIONS
End Part Start Amendment Part46. The authority citation for part 598 is revised to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]47. In § 598.701(a)(4), remove “$1,503,470” and add in its place “$1,529,991”.
End Amendment Part Start SignatureAndrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2020-07509 Filed 4-8-20; 8:45 am]
BILLING CODE 4810-AL-P
Document Information
- Effective Date:
- 4/9/2020
- Published:
- 04/09/2020
- Department:
- Foreign Assets Control Office
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2020-07509
- Dates:
- This rule is effective April 9, 2020.
- Pages:
- 19884-19888 (5 pages)
- Topics:
- Administrative practice and procedure, Banks, banking, Banks, banking, Banks, banking, Banks, banking, Blocking of assets, Exports, Foreign trade, Penalties
- PDF File:
- 2020-07509.pdf
- Supporting Documents:
- » Hong Kong-Related Sanctions Regulations
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- CFR: (23)
- 31 CFR 501.701
- 31 CFR 510.701
- 31 CFR 535.701
- 31 CFR 536.701
- 31 CFR 539.701
- More ...