-
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 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
DATES:
This rule is effective January 13, 2023.
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.treas.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 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74, 129 Stat. 599, 28 U.S.C. 2461 note) (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 eight 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); an additional initial catch-up adjustment related to CMPs for failure to comply with a requirement to furnish information, the late filing of a required report, and failure to maintain records (“recordkeeping CMPs”) that were inadvertently omitted from the August 1, 2016 initial catch-up adjustment on October 5, 2020 (85 FR 54911, September 3, 2020); and annual adjustments on February 10, 2017 (82 FR 10434, February 10, 2017); March 19, 2018 (83 FR 11876, March 19, 2018); June 14, 2019 (84 FR 27714, June 14, 2019); April 9, 2020 (85 FR 19884, April 9, 2020); March 17, 2021 (86 FR 14534, March 17, 2021); and February 9, 2022 (87 FR 7369, February 9, 2022). Start Printed Page 2230
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-23-05 of December 15, 2022, the adjustment multiplier for 2023 is 1.07745. In order to complete the 2023 annual adjustment, each current CMP is multiplied by the 2023 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 (18 U.S.C. 2339B) (AEDPA); the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901-1908, at 1906) (FNKDA); and the Clean Diamond Trade Act (19 U.S.C. 3901-3913, at 3907) (CDTA).
The table below summarizes the existing and new maximum CMP amounts for each statute.
Table 1—Maximum CMP Amounts for Relevant Statutes
Statute Existing maximum CMP amount Maximum CMP amount effective January 13, 2023 TWEA $97,529 $105,083 IEEPA 330,947 356,579 AEDPA 87,361 94,127 FNKDA 1,644,396 1,771,754 CDTA 14,950 16,108 In addition to updating these maximum CMP amounts, OFAC is also updating two references to one-half the IEEPA maximum CMP from $165,474 to $178,290, and is adjusting the recordkeeping CMP amounts found in OFAC's Economic Sanctions Enforcement Guidelines in appendix A to 31 CFR part 501. The table below summarizes the existing and new maximum CMP amounts for OFAC's recordkeeping CMPs.
Table 2—Maximum CMP Amounts for Recordkeeping CMPs
Violation Existing maximum CMP amount Maximum CMP amount effective January 13, 2023 Failure to furnish information pursuant to 31 CFR 501.602 irrespective of whether any other violation is alleged $25,542 $27,520 Failure to furnish information pursuant to 31 CFR 501.602 where OFAC has reason to believe that the apparent violation(s) involves a transaction(s) valued at greater than $500,000, irrespective of whether any other violation is alleged 63,855 68,801 Late filing of a required report, whether set forth in regulations or in a specific license, if filed within the first 30 days after the report is due 3,192 3,439 Late filing of a required report, whether set forth in regulations or in a specific license, if filed more than 30 days after the report is due 6,386 6,881 Late filing of a required report, whether set forth in regulations or in a specific license, if the report relates to blocked assets, an additional CMP for every 30 days that the report is overdue, up to five years 1,278 1,377 Failure to maintain records in conformance with the requirements of OFAC's regulations or of a specific license 63,973 68,928 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 January 13, 2023.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.
Executive Order 12866
This rule is not a significant action as defined in section 3.f. of Executive Order 12866 of September 30, 1993, “Regulatory Planning and Review” (58 FR 51735, October 4, 1993).
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, 551, 552, 553, 560, 561, 566, 570, 576, 578, 583, 584, 588, 589, 590, 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, OFAC amends 31 CFR chapter V as follows:
Start Part Start Printed Page 2231PART 501—REPORTING, PROCEDURES AND PENALTIES REGULATIONS
End Part Start Amendment Part1. The authority citation for part 501 continues to read as follows:
End Amendment PartSubpart D—Trading With the Enemy Act (TWEA) Penalties
[Amended]2. In § 501.701, in paragraph (a)(3) introductory text, remove “$97,529” and add in its place “$105,083”.
End Amendment Part Start Amendment Part3. Amend appendix A to part 501 as follows:
End Amendment Part Start Amendment Parta. In paragraph IV.A., remove “$25,542” and add in its place “$27,520” and remove “$63,855” and add in in its place “$68,801”.
End Amendment Part Start Amendment Partb. In paragraph IV.B., remove “$3,192” and add in its place “$3,439”, remove “$6,386” and add in its place “$6,881”, and remove “$1,278” and add in its place “$1,377”.
End Amendment Part Start Amendment Partc. In paragraph IV.C., remove “$63,973” and add in its place “$68,928”.
End Amendment Part Start Amendment Partd. In paragraph V.B.2.a.i., remove “$165,474” and add in its place “$178,290” and remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start Amendment Parte. In paragraph V.B.2.a.ii., remove “$330,947” in all three locations where it appears and add in its place in all three locations “$356,579”.
End Amendment Part Start Amendment Partf. In paragraph V.B.2.a.v., remove “$330,947” and add in its place “$356,579”, remove “$97,529” and add in its place “$105,083”, remove “$1,644,396” and add in its place “$1,771,754 ”, remove “$87,361” and add in its place “$94,127”, and remove “$14,950” and add in its place “$16,108”.
End Amendment Part Start Amendment Partg. 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. * * *
v. The following matrix represents the base amount of the proposed civil penalty for each category of violation:
Start PartPART 510—NORTH KOREA SANCTIONS REGULATIONS
End Part Start Amendment Part4. The authority citation for part 510 continues to read as follows:
End Amendment PartSubpart G—Penalties and Finding of Violation
[Amended]5. In § 510.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start Part Start Printed Page 2232PART 535—IRANIAN ASSETS CONTROL REGULATIONS
End Part Start Amendment Part6. The authority citation for part 535 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]7. In § 535.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 536—NARCOTICS TRAFFICKING SANCTIONS REGULATIONS
End Part Start Amendment Part8. The authority citation for part 536 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]9. In § 536.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 539—WEAPONS OF MASS DESTRUCTION TRADE CONTROL REGULATIONS
End Part Start Amendment Part10. The authority citation for part 539 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]11. In § 539.701, in paragraph (a)(2), remove “$330.947” and add in its place “$356,579”.
End Amendment Part Start PartPART 541—ZIMBABWE SANCTIONS REGULATIONS
End Part Start Amendment Part12. The authority citation for part 541 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]13. In § 541.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 542—SYRIAN SANCTIONS REGULATIONS
End Part Start Amendment Part14. The authority citation for part 542 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]15. In § 542.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 544—WEAPONS OF MASS DESTRUCTION PROLIFERATORS SANCTIONS REGULATIONS
End Part Start Amendment Part16. The authority citation for part 544 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]17. In § 544.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 546—DARFUR SANCTIONS REGULATIONS
End Part Start Amendment Part18. The authority citation for part 546 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]19. In § 546.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 547—DEMOCRATIC REPUBLIC OF THE CONGO SANCTIONS REGULATIONS
End Part Start Amendment Part20. The authority citation for part 547 continues to read as follows:
End Amendment PartSubpart G—Penalties and Finding of Violation
[Amended]21. In § 547.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 548—BELARUS SANCTIONS REGULATIONS
End Part Start Amendment Part22. The authority citation for part 548 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]23. In § 548.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 549—LEBANON SANCTIONS REGULATIONS
End Part Start Amendment Part24. The authority citation for part 549 continues to read as follows:
End Amendment Part Start Printed Page 2233Subpart G—Penalties
[Amended]25. In § 549.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 551—SOMALIA SANCTIONS REGULATIONS
End Part Start Amendment Part26. The authority citation for part 551 continues to read as follows:
End Amendment PartSubpart G—Penalties and Findings of Violation
[Amended]27. In § 551.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 552—YEMEN SANCTIONS REGULATIONS
End Part Start Amendment Part28. The authority citation for part 552 continues to read as follows:
End Amendment PartSubpart G—Penalties and Findings of Violation
[Amended]29. In § 552.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 553—CENTRAL AFRICAN REPUBLIC SANCTIONS REGULATIONS
End Part Start Amendment Part30. The authority citation for part 553 continues to read as follows:
End Amendment PartSubpart G—Penalties and Findings of Violation
[Amended]31. In § 553.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 560—IRANIAN TRANSACTIONS AND SANCTIONS REGULATIONS
End Part Start Amendment Part32. The authority citation for part 560 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]33. In § 560.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 561—IRANIAN FINANCIAL SANCTIONS REGULATIONS
End Part Start Amendment Part34. The authority citation for part 561 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]35. In § 561.701, in paragraph (a)(4), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 566—HIZBALLAH FINANCIAL SANCTIONS REGULATIONS
End Part Start Amendment Part36. The authority citation for part 566 continues to read as follows:
End Amendment PartSubpart G—Penalties and Finding of Violation
[Amended]37. In § 566.701, in paragraph (b), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 570—LIBYAN SANCTIONS REGULATIONS
End Part Start Amendment Part38. The authority citation for part 570 continues to read as follows:
End Amendment PartSubpart G—Penalties and Findings of Violation
[Amended]39. In § 570.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 576—IRAQ STABILIZATION AND INSURGENCY SANCTIONS REGULATIONS
End Part Start Amendment Part40. The authority citation for part 576 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]41. In § 576.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 578—CYBER-RELATED SANCTIONS REGULATIONS
End Part Start Amendment Part42. The authority citation for part 587 continues to read as follows:
End Amendment PartSubpart G—Penalties and Findings of Violation
[Amended]43. In § 578.701, in paragraph (a)(2), remove “$311,562” and add in its place “$356,579”.
End Amendment Part Start PartPART 583—GLOBAL MAGNITSKY SANCTIONS REGULATIONS
End Part Start Amendment Part44. The authority citation for part 583 continues to read as follows:
End Amendment PartSubpart G—Penalties and Findings of Violation
[Amended]45. In § 583.701, in paragraph (c), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 584—MAGNITSKY ACT SANCTIONS REGULATIONS
End Part Start Amendment Part46. The authority citation for part 584 continues to read as follows:
End Amendment PartSubpart G—Penalties and Finding of Violation
[Amended]47. In § 584.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 588—WESTERN BALKANS STABILIZATION REGULATIONS
End Part Start Amendment Part48. The authority citation for part 588 continues to read as follows:
End Amendment PartSubpart G—Penalties and Findings of Violation
[Amended]49. In § 588.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 589—UKRAINE-/RUSSIA—RELATED SANCTIONS REGULATIONS
End Part Start Amendment Part50. The authority citation for part 589 continues to read as follows:
End Amendment PartSubpart G—Penalties and Findings of Violation
[Amended]51. In § 589.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 590—TRANSNATIONAL CRIMINAL ORGANIZATIONS SANCTIONS REGULATIONS
End Part Start Amendment Part52. The authority citation for part 590 continues to read as follows:
End Amendment PartSubpart G—Penalties and Findings of Violation
[Amended]53. In § 590.701, in paragraph (a)(2), remove “$330,947” and add in its place “$356,579”.
End Amendment Part Start PartPART 592—ROUGH DIAMONDS CONTROL REGULATIONS
End Part Start Amendment Part54. The authority citation for part 592 continues to read as follows:
End Amendment PartSubpart F—Penalties
[Amended]55. In § 592.601, in paragraph (a)(2), remove “$14,950” and add in its place “$16,108”.
End Amendment Part Start PartPART 594—GLOBAL TERRORISM SANCTIONS REGULATIONS
End Part Start Amendment Part56. The authority citation for part 594 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]57. In § 594.701, in paragraph (a)(2), remove “$330,947”and add in its place “$356,579”.
End Amendment Part Start PartPART 597—FOREIGN TERRORIST ORGANIZATIONS SANCTIONS REGULATIONS
End Part Start Amendment Part58. The authority citation for part 597 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]59. In § 597.701, in paragraph (b)(3), remove “$87,361” and add in its place “$94,127”.
End Amendment Part Start PartPART 598—FOREIGN NARCOTICS KINGPIN SANCTIONS REGULATIONS
End Part Start Amendment Part60. The authority citation for part 598 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]61. In § 598.701, in paragraph (a)(4), remove “$1,644,396” and add in its place “$1,771,754”.
End Amendment Part Start SignatureAndrea M. Gacki,
Director, Office of Foreign Assets Control.
Document Information
- Effective Date:
- 1/13/2023
- Published:
- 01/13/2023
- Department:
- Foreign Assets Control Office
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2023-00593
- Dates:
- This rule is effective January 13, 2023.
- Pages:
- 2229-2234 (6 pages)
- Topics:
- Administrative practice and procedure, Banks, banking, Banks, banking, Banks, banking, Banks, banking, Blocking of assets, Exports, Foreign trade, Penalties
- PDF File:
- 2023-00593.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: (30)
- 31 CFR 501.701
- 31 CFR 510.701
- 31 CFR 535.701
- 31 CFR 536.701
- 31 CFR 539.701
- More ...