96-21705. Terrorism List Governments Sanctions Regulations; Implementation of Section 321 of the Antiterrorism and Effective Death Penalty Act of 1996  

  • [Federal Register Volume 61, Number 165 (Friday, August 23, 1996)]
    [Rules and Regulations]
    [Pages 43462-43466]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-21705]
    
    
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    DEPARTMENT OF THE TREASURY
    31 CFR Part 596
    
    
    Terrorism List Governments Sanctions Regulations; Implementation 
    of Section 321 of the Antiterrorism and Effective Death Penalty Act of 
    1996
    
    AGENCY: Office of Foreign Assets Control, Treasury.
    
    ACTION: Final rule.
    
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    SUMMARY:The Office of Foreign Assets Control of the U.S. Department of 
    the Treasury is issuing the Terrorism List Governments Sanctions 
    Regulations to implement section 321 of the Antiterrorism and Effective 
    Death Penalty Act of 1996.
    
    EFFECTIVE DATE: 12:01 a.m. EDT, August 22, 1996.
    
    FOR FURTHER INFORMATION CONTACT: Office of Foreign Assets Control, 
    Department of the Treasury, Washington, DC 20220; tel.: 202/622-2520.
    
    SUPPLEMENTARY INFORMATION:
    
    Electronic and Facsimile Availability
    
        This document is available as an electronic file on The Federal 
    Bulletin Board the day of publication in the Federal Register. By 
    modem, dial 202/512-1387 and type ``/GO FAC,'' or call 202/512-1530 for 
    disk or paper copies. This file is available for downloading without 
    charge in WordPerfect 5.1, ASCII, and Adobe AcrobatTM readable 
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    in ASCII format without charge from Treasury's Electronic Library 
    (``TEL'') in the ``Business, Trade and Labor Mall'' of the FedWorld 
    bulletin board. By modem, dial 703/321-3339, and select the appropriate 
    self-expanding file in TEL. For Internet access, use one of the 
    following protocols: Telnet = fedworld.gov (192.239.93.3); World Wide 
    Web (Home Page) = http://www.fedworld.gov; FTP = ftp.fedworld.gov 
    (192.239.92.205). Additional information concerning the programs of the 
    Office of Foreign Assets Control is available for downloading from the 
    Office's Internet Home Page: http://www.ustreas.gov/treasury/services/
    fac/fac.html, or in fax form through the Office's 24-hour fax-on-demand 
    service: call 202/622-0077 using a fax machine, fax modem, or touch 
    tone telephone.
    
    Background
    
        On April 24, 1996, President Clinton signed into law the 
    Antiterrorism and Effective Death Penalty Act of 1996, Public Law 104-
    132, 110 Stat. 1214-1319 (the ``Act''). Section 321 of the Act makes it 
    a criminal offense for United States persons, except as provided in 
    regulations issued by the Secretary of the Treasury in consultation 
    with the Secretary of State, to engage in financial transactions with 
    the governments of countries designated under section 6(j) of the 
    Export Administration Act of 1979, 50 U.S.C. App. 2405, as supporting 
    international terrorism. United States persons who engage in such 
    transactions are subject to criminal penalties under title 18, United 
    States Code. In implementation of section 321, the Treasury Department 
    is issuing the Terrorism List Governments Sanctions Regulations (the 
    ``Regulations'').
        The countries currently designated under section 6(j) of the Export 
    Administration Act are Cuba, Iran, Iraq, Libya, North Korea, Sudan, and 
    Syria. The provisions of existing regulations governing Cuba, Iran, 
    Iraq, Libya and North Korea are continued in effect with the added 
    authority of section 321. A separate rule amending 31 CFR chapter V 
    with respect to these countries is being published simultaneously in 
    the Federal Register. Accordingly, Sec. 596.503 of the Regulations 
    provides that financial transactions of United States persons with the 
    governments of these five countries are governed by the separate parts 
    in 31 CFR chapter V imposing economic sanctions on these countries. No 
    substantive regulatory change is made to those parts.
        Regarding the governments of countries designated under section 
    6(j) (``Terrorism List Governments'') that were not already subject to 
    economic sanctions administered by the Office of Foreign Assets Control 
    (at present, the governments of Sudan and Syria), the Regulations 
    prohibit United States persons from receiving unlicensed donations and 
    from engaging in financial transactions with respect to which the 
    United States person knows or has reasonable cause to believe that the 
    financial transaction poses a risk of furthering terrorist acts in the 
    United States.
        Transactions otherwise prohibited under this part but found to be 
    consistent with U.S. policy are authorized by general licenses 
    contained in subpart E or may be authorized by a specific license 
    issued pursuant to the procedures described in Sec. 596.801 of subpart 
    H. Criminal penalties for violations of the Regulations are described 
    in subpart G.
        The Regulations are subject to possible modification in light of 
    the law enforcement and administrative experience in their 
    implementation.
        Since the Regulations involve a foreign affairs function, the 
    provisions of Executive Order 12866 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 Regulations are being issued without prior notice and public 
    procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553). 
    Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the 
    collections of information contained in the Regulations have been 
    submitted to and approved by the Office of Management and Budget 
    (``OMB'') pending public comment, and have been assigned control number 
    1505-0161. 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.
        The collections of information in the Regulations are contained in 
    subpart F, and Sec. 596.801. This information is required by the Office 
    of Foreign Assets Control for licensing, compliance, and enforcement 
    purposes. This information will be used to determine the eligibility of 
    applicants for the benefits provided through specific licenses, to 
    determine whether persons subject to the Regulations are in compliance 
    with applicable requirements, and to determine whether and to what 
    extent enforcement action is appropriate. The likely respondents and 
    record keepers are individuals and business organizations.
        No assurances of confidentiality are given to persons who furnish 
    information to OFAC unless specifically indicated in advance. It is the 
    policy of OFAC to protect the confidentiality of information in 
    appropriate cases pursuant to the exemptions from disclosure provided 
    under the Freedom
    
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    of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a).
        Estimated total annual reporting and/or recordkeeping burden: 100 
    hours.
        The estimated annual burden per respondent/record keeper varies 
    from 30 minutes to 1 hour and 30 minutes, depending on individual 
    circumstances, with an estimated average of 1 hour.
        Estimated number of respondents and/or record keepers: 100.
        Estimated annual frequency of responses: 100.
        Comments are invited on: (a) whether these collections of 
    information are necessary for the proper performance of the functions 
    of the agency, including whether the information has practical utility; 
    (b) the accuracy of the agency's estimate of the burden of the 
    collections of information; (c) ways to enhance the quality, utility, 
    and clarity of the information to be collected; and (d) ways to 
    minimize the burden of the collection of information on respondents, 
    including through the use of automated collection techniques or other 
    forms of information technology.
        Comments concerning the above information, the accuracy of 
    estimated average annual burden, and suggestions for reducing this 
    burden should be directed to OMB, Paperwork Reduction Project, control 
    number 1505-0161, Washington, DC 20503, with a copy to the Office of 
    Foreign Assets Control, Department of the Treasury, 1500 Pennsylvania 
    Ave., NW--Annex, Washington, DC 20220. Any such comments should be 
    submitted not later than October 22, 1996. Comments on aspects of the 
    Regulations other than those involving collections of information 
    should not be sent to OMB.
    
    List of Subjects in 31 CFR Part 596
    
        Administrative practice and procedure, Banking and finance, Cuba, 
    Fines and penalties, Iran, Iraq, Libya, North Korea, Reporting and 
    recordkeeping requirements, Syria, Sudan, Terrorism, Transfer of 
    assets.
        For the reasons set forth in the preamble, 31 CFR part 596 is added 
    to read as follows:
    
    PART 596--TERRORISM LIST GOVERNMENTS SANCTIONS REGULATIONS
    
    Subpart A--Relation of This Part to Other Laws and Regulations
    
    Sec.
    596.101 Relation of this part to other laws and regulations.
    
    Subpart B--Prohibitions
    
    596.201 Prohibited financial transactions.
    596.202 Evasions; attempts; conspiracies.
    
    Subpart C--General Definitions
    
    596.301 Donation.
    596.302 Effective date.
    596.303 Financial institution.
    596.304 Financial transaction.
    596.305 General license.
    596.306 License.
    596.307 Monetary instrument.
    596.308 Person; entity.
    596.309 Specific license.
    596.310 Terrorism List Government.
    596.311 Transaction.
    596.312 United States.
    596.313 United States person.
    
    Subpart D--Interpretations
    
    596.401 Reference to amended sections.
    596.402 Effect of amendment.
    596.403 Transactions incidental to a licensed transaction.
    596.404 Financial transactions transferred through a bank of a 
    Terrorism List Government.
    
    Subpart E--Licenses, Authorizations and Statements of Licensing Policy
    
    596.501 Effect of license or authorization.
    596.502 Exclusion from licenses and authorizations.
    596.503 Financial transactions with a Terrorism List Government 
    otherwise subject to 31 CFR Chapter V.
    596.504 Certain financial transactions with Terrorism List 
    Governments authorized.
    
    Subpart F--Reports
    
    596.601 Required records.
    596.602 Reports to be furnished on demand.
    596.603 Notification by financial institutions rejecting financial 
    transactions.
    
    Subpart G--Penalties
    
    596.701 Penalties.
    
    Subpart H--Procedures
    
    596.801 Licensing.
    596.802 Decisions.
    596.803 Amendment, modification, or revocation.
    596.804 Rulemaking.
    596.805 Delegation by the Secretary of the Treasury.
    596.806 Rules governing availability of information.
    
    Subpart I--Paperwork Reduction Act
    
    596.901 Paperwork Reduction Act notice.
    
        Authority: Pub. L. 104-132, 110 Stat. 1214, 1254 (18 U.S.C. 
    2332d).
    
    Subpart A--Relation of This Part to Other Laws and Regulations
    
    
    Sec. 596.101  Relation of this part to other laws and regulations.
    
        (a) This part is separate from, and independent of, the other parts 
    of this chapter. Differing foreign policy and national security 
    contexts may result in differing interpretations of similar language 
    among the parts of this chapter. Except as otherwise authorized in this 
    part, no license or authorization contained in or issued pursuant to 
    those other parts authorizes any transaction prohibited by this part. 
    Except as otherwise authorized in this part, no license or 
    authorization contained in or issued pursuant to any other provision of 
    law or regulation authorizes any transaction prohibited by this part. 
    See Sec. 596.503.
        (b) No license or authorization contained in or issued pursuant to 
    this part relieves the involved parties from complying with any other 
    applicable laws or regulations.
    
    Subpart B--Prohibitions
    
    
    Sec. 596.201  Prohibited financial transactions.
    
        Except as authorized by regulations, orders, directives, rulings, 
    instructions, licenses, or otherwise, no United States person, knowing 
    or having reasonable cause to know that a country is designated under 
    section 6(j) of the Export Administration Act, 50 U.S.C. App. 2405, as 
    a country supporting international terrorism, shall engage in a 
    financial transaction with the government of that country. Countries 
    designated under section 6(j) of the Export Administration Act as of 
    the effective date of this part are listed in the following schedule.
    
    SCHEDULE:
    
         Cuba.
         Iran.
         Iraq.
         Libya.
         North Korea.
         Sudan.
         Syria.
    
    
    Sec. 596.202  Evasions; attempts; conspiracies.
    
        Any transaction for the purpose of, or which has the effect of, 
    evading or avoiding, or which facilitates the evasion or avoidance of, 
    any of the prohibitions set forth in this part, is hereby prohibited. 
    Any attempt to violate the prohibitions set forth in this part is 
    hereby prohibited. Any conspiracy formed for the purpose of engaging in 
    a transaction prohibited by this part is hereby prohibited.
    
    Subpart C--General Definitions
    
    
    Sec. 596.301  Donation.
    
        The term donation means a transfer made in the form of a gift or 
    charitable contribution.
    
    
    Sec. 596.302  Effective date.
    
        The term effective date refers to the effective date of the 
    applicable prohibitions and directives contained in this part which is 
    12:01 a.m. EDT, August 22, 1996.
    
    [[Page 43464]]
    
    Sec. 596.303  Financial institution.
    
        The term financial institution shall have the definition given that 
    term in 31 U.S.C. 5312(a)(2) or the regulations promulgated thereunder, 
    as from time to time amended.
        Note: The breadth of the definition precludes its reproduction 
    in this section.
    
    
    Sec. 596.304  Financial transaction.
    
        The term financial transaction shall have the meaning set forth in 
    18 U.S.C. 1956(c)(4), as from time to time amended. As of the effective 
    date, this term includes:
        (a) A transaction which in any way or degree affects interstate or 
    foreign commerce;
        (1) Involving the movement of funds by wire or other means; or
        (2) Involving one or more monetary instruments; or
        (3) Involving the transfer of title to any real property, vehicle, 
    vessel, or aircraft; or
        (b) A transaction involving the use of a financial institution 
    which is engaged in, or the activities of which affect, interstate or 
    foreign commerce in any way or degree.
    
    
    Sec. 596.305  General license.
    
        The term general license means any license or authorization the 
    terms of which are set forth in this part.
    
    
    Sec. 596.306  License.
    
        Except as otherwise specified, the term license means any license 
    or authorization contained in or issued pursuant to this part.
    
    
    Sec. 596.307  Monetary instruments.
    
        The term monetary instruments shall have the meaning set forth in 
    18 U.S.C. 1956(c)(5), as from time to time amended. As of the effective 
    date, this term includes coin or currency of the United States or of 
    any other country, travelers' checks, personal checks, bank checks, and 
    money orders, or investment securities or negotiable instruments, in 
    bearer form or otherwise in such form that title thereto passes upon 
    delivery.
    
    
    Sec. 596.308  Person; entity.
    
        (a) The term person means an individual or entity.
        (b) The term entity means a partnership, association, corporation, 
    or other organization.
    
    
    Sec. 596.309  Specific license.
    
        The term specific license means any license or authorization not 
    set forth in this part but issued pursuant to this part.
    
    
    Sec. 596.310  Terrorism List Government.
    
        The term Terrorism List Government includes:
        (a) The government of a country designated under section 6(j) of 
    the Export Administration Act, as well as any political subdivision, 
    agency, or instrumentality thereof, including the central bank of such 
    a country;
        (b) Any entity owned or controlled by such a government.
    
    
    Sec. 596.311  Transaction.
    
        The term transaction shall have the meaning set forth in 18 U.S.C. 
    1956(c)(3), as from time to time amended. As of the effective date, 
    this term includes a purchase, sale, loan, pledge, gift, transfer, 
    delivery, or other disposition, and with respect to a financial 
    institution includes a deposit, withdrawal, transfer between accounts, 
    exchange of currency, loan, extension of credit, purchase or sale of 
    any stock, bond, certificate of deposit, or other monetary instrument, 
    use of a safe deposit box, or any other payment, transfer, or delivery 
    by, through, or to a financial institution, by whatever means effected.
    
    
    596.312  United States.
    
        The term United States means the United States, including its 
    territories and possessions.
    
    
    Sec. 596.313  United States person.
    
        The term United States person means any United States citizen or 
    national, permanent resident alien, juridical person organized under 
    the laws of the United States, or any person in the United States.
    
    Subpart D--Interpretations
    
    
    Sec. 596.401  Reference to amended sections.
    
        Except as otherwise specified, reference to any section of this 
    part or to any regulation, ruling, order, instruction, direction, or 
    license issued pursuant to this part refers to the same as currently 
    amended.
    
    
    Sec. 596.402  Effect of amendment.
    
        Any amendment, modification, or revocation of any section of this 
    part or of any order, regulation, ruling, instruction, or license 
    issued by or under the direction of the Director of the Office of 
    Foreign Assets Control does not, unless otherwise specifically 
    provided, affect any act done or omitted to be done, or any civil or 
    criminal suit or proceeding commenced or pending prior to such 
    amendment, modification, or revocation. All penalties, forfeitures, and 
    liabilities under any such order, regulation, ruling, instruction, or 
    license continue and may be enforced as if such amendment, 
    modification, or revocation had not been made.
    
    
    Sec. 596.403  Transactions incidental to a licensed transaction.
    
        Any transaction ordinarily incident to a licensed transaction and 
    necessary to give effect thereto is also authorized.
    
    
    Sec. 596.404  Financial transactions transferred through a bank of a 
    Terrorism List Government.
    
        For the purposes of this part only, a financial transaction not 
    originated by a Terrorism List Government, but transferred to the 
    United States through a bank owned or controlled by a Terrorism List 
    Government, shall not be deemed a financial transaction with the 
    government of a country supporting international terrorism pursuant to 
    Sec. 596.201.
    
    Subpart E--Licenses, Authorizations and Statements of Licensing 
    Policy
    
    
    Sec. 596.501  Effect of license or authorization.
    
        (a) No license or other authorization contained in this part, or 
    otherwise issued by or under the direction of the Director of the 
    Office of Foreign Assets Control, authorizes or validates any 
    transaction effected prior to the issuance of the license, unless 
    specifically provided in such license or other authorization.
        (b) No regulation, ruling, instruction, or license authorizes a 
    transaction prohibited under this part unless the regulation, ruling, 
    instruction, or license is issued by the Office of Foreign Assets 
    Control and specifically refers to a part in 31 CFR Chapter V. No 
    regulation, ruling, instruction, or license referring to this part 
    authorizes any transactions prohibited by any provision of this chapter 
    unless the regulation, ruling, instruction or license specifically 
    refers to such provision.
        (c) Any regulation, ruling, instruction or license authorizing any 
    transaction otherwise prohibited under this part has the effect of 
    removing a prohibition or prohibitions contained in this part from the 
    transaction, but only to the extent specifically stated by its terms. 
    Unless the regulation, ruling, instruction or license otherwise 
    specifies, such an authorization does not create any right, duty, 
    obligation, claim, or interest in, or with respect to, any property 
    which would not otherwise exist under ordinary principles of law.
    
    
    Sec. 596.502  Exclusion from licenses and authorizations.
    
        The Director of the Office of Foreign Assets Control reserves the 
    right to
    
    [[Page 43465]]
    
    exclude any person, property, or transaction from the operation of any 
    license, or from the privileges therein conferred, or to restrict the 
    applicability thereof with respect to particular persons, property, 
    transactions, or classes thereof. Such action is binding upon all 
    persons receiving actual or constructive notice of such exclusion or 
    restriction.
    
    
    Sec. 596.503  Financial transactions with a Terrorism List Government 
    otherwise subject to 31 CFR Chapter V.
    
        United States persons are authorized to engage in financial 
    transactions with a Terrorism List Government that is subject to 
    regulations contained in parts of 31 CFR Chapter V other than this part 
    to the extent and subject to the conditions stated in such other parts, 
    or in any regulations, orders, directives, rulings, instructions, or 
    licenses issued pursuant thereto.
    
    
    Sec. 596.504  Certain financial transactions with Terrorism List 
    Governments authorized.
    
        (a) United States persons are authorized to engage in all financial 
    transactions with a Terrorism List Government that is not otherwise 
    subject to 31 CFR Chapter V, except for a transfer from a Terrorism 
    List Government:
        (1) Constituting a donation to a United States person; or
        (2) With respect to which the United States person knows (including 
    knowledge based on advice from an agent of the United States 
    Government), or has reasonable cause to believe, that the transfer 
    poses a risk of furthering terrorist acts in the United States.
        (b) Nothing in this section authorizes the return of a transfer 
    prohibited by paragraph (a)(2) of this section.
    
    Subpart F--Reports
    
    
    Sec. 596.601  Required records.
    
        Every person engaging in any transaction subject to the provisions 
    of this part must keep a full and accurate record of each such 
    transaction in which that person engages, regardless of whether such 
    transaction is effected pursuant to license or otherwise, and such 
    record must be available for examination for at least 2 years after the 
    date of such transaction.
    
    
    Sec. 596.602  Reports to be furnished on demand.
    
        Every person is required to furnish under oath, in the form of 
    reports or otherwise, from time to time and at any time as may be 
    required, complete information relative to any transaction, regardless 
    of whether such transaction is effected pursuant to license or 
    otherwise, subject to the provisions of this part. Such reports may be 
    required to include the production of any books of account, contracts, 
    letters or other papers, connected with any such transaction or 
    property, in the custody or control of the persons required to make 
    such reports. Reports with respect to transactions may be required 
    either before or after such transactions are completed.
    
    
    Sec. 596.603  Notification by financial institutions rejecting 
    financial transactions.
    
        Any financial institution rejecting a financial transaction 
    pursuant to this part must provide written notification to the Office 
    of Foreign Assets Control, Compliance Programs Division, U.S. Treasury 
    Department, 1500 Pennsylvania Ave., NW--Annex, Washington, DC 20220, 
    within 10 business days of the rejection of such transaction. The 
    notification shall include a photocopy of the payment or transfer 
    instructions received, the name and address of the transferee banking 
    institution, the amount of the payment or transfer, and the name and 
    telephone number of a contact person at the rejecting financial 
    institution from whom records may be obtained.
    
    Subpart G--Penalties
    
    
    Sec. 596.701  Penalties.
    
        Attention is directed to 18 U.S.C. 2332d, as added by Public Law 
    104-132, section 321, which provides that, except as provided in 
    regulations issued by the Secretary of the Treasury, in consultation 
    with the Secretary of State, a United States person, knowing or having 
    reasonable cause to know that a country is designated under section 
    6(j) of the Export Administration Act, 50 U.S.C. App. 2405, as a 
    country supporting international terrorism, engages in a financial 
    transaction with the government of that country, shall be fined under 
    title 18, United States Code, or imprisoned for not more than 10 years, 
    or both.
    
    Subpart H--Procedures
    
    
    Sec. 596.801  Licensing.
    
        (a) General licenses. General licenses have been issued authorizing 
    under appropriate terms and conditions certain types of transactions 
    which are subject to the prohibitions contained in this part. All such 
    licenses in effect on the date of publication are set forth in subpart 
    E of this part. It is the policy of the Office of Foreign Assets 
    Control not to grant applications for specific licenses authorizing 
    transactions to which the provisions of an outstanding general license 
    are applicable. Persons availing themselves of certain general licenses 
    may be required to file reports and statements in accordance with the 
    instructions specified in those licenses. Failure to file such reports 
    or statements will nullify the authorization to such person provided by 
    the general license.
        (b) Specific licenses--(1) General course of procedure. 
    Transactions subject to the prohibitions contained in this part which 
    are not authorized by general license may be effected only under 
    specific licenses.
        (2) Applications for specific licenses. Applications for specific 
    licenses to engage in any transactions prohibited by or pursuant to 
    this part may be filed by letter with the Office of Foreign Assets 
    Control. Any person having an interest in a transaction or proposed 
    transaction may file an application for a license authorizing such 
    transaction, but the applicant for a specific license is required to 
    make full disclosure of all parties in interest to the transaction so 
    that a decision on the application may be made with full knowledge of 
    all relevant facts and so that the identity and location of the persons 
    who know about the transaction may be easily ascertained in the event 
    of inquiry.
        (3) Information to be supplied. The applicant must supply all 
    information specified by relevant instructions and/or forms, and must 
    fully disclose the names of all the parties who are concerned with or 
    interested in the proposed transaction. If the application is filed by 
    an agent, the agent must disclose the name of his principal(s). Such 
    documents as may be relevant shall be attached to each application as a 
    part of such application except that documents previously filed with 
    the Office of Foreign Assets Control may, where appropriate, be 
    incorporated by reference. Applicants may be required to furnish such 
    further information as is deemed necessary to a proper determination by 
    the Office of Foreign Assets Control. Any applicant or other party in 
    interest desiring to present additional information or discuss or argue 
    the application may do so at any time before or after decision. 
    Arrangements for oral presentation should be made with the Office of 
    Foreign Assets Control.
        (4) Effect of denial. The denial of a license does not preclude the 
    reopening of an application or the filing of a further application. The 
    applicant or any other party in interest may at any time request 
    explanation of the reasons for a denial by correspondence or personal 
    interview.
    
    [[Page 43466]]
    
        (5) Reports under specific licenses. As a condition for the 
    issuance of any license, the licensee may be required to file reports 
    with respect to the transaction covered by the license, in such form 
    and at such times and places as may be prescribed in the license or 
    otherwise.
        (6) Issuance of license. Licenses will be issued by the Office of 
    Foreign Assets Control acting on behalf of the Secretary of the 
    Treasury, or licenses may be issued by the Secretary of the Treasury 
    acting directly or through any specifically designated person, agency, 
    or instrumentality.
        (c) Address. License applications, reports, and inquiries should be 
    addressed to the appropriate section or individual within the Office of 
    Foreign Assets Control, or to the Director, at the following address: 
    Office of Foreign Assets Control, Department of the Treasury, 1500 
    Pennsylvania Avenue, NW--Annex, Washington, DC 20220.
    
    
    Sec. 596.802  Decisions.
    
        The Office of Foreign Assets Control will advise each applicant of 
    the decision respecting filed applications. The decision of the Office 
    of Foreign Assets Control acting on behalf of the Secretary of the 
    Treasury with respect to an application shall constitute final agency 
    action.
    
    
    Sec. 596.803  Amendment, modification, or revocation.
    
        The provisions of this part and any rulings, licenses, whether 
    general or specific, authorizations, instructions, orders, or forms 
    issued hereunder may be amended, modified, or revoked at any time.
    
    
    Sec. 596.804  Rulemaking.
    
        (a) All rules and other public documents are issued by the 
    Secretary of the Treasury upon recommendation of the Director of the 
    Office of Foreign Assets Control. In general, rulemaking by the Office 
    of Foreign Assets Control involves foreign affairs functions of the 
    United States, and for that reason is exempt from the requirements 
    under the Administrative Procedure Act (5 U.S.C. 553) for notice of 
    proposed rulemaking, opportunity for public comment, and delay in 
    effective date.
        (b) Any interested person may petition the Director of the Office 
    of Foreign Assets Control in writing for the issuance, amendment, or 
    repeal of any rule.
    
    
    Sec. 596.805  Delegation by the Secretary of the Treasury.
    
        Any action which the Secretary of the Treasury is authorized to 
    take pursuant to section 321 of the Antiterrorism and Effective Death 
    Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1214, 1254 (18 U.S.C. 
    2332d), may be taken by the Director, Office of Foreign Assets Control, 
    or by any other person to whom the Secretary of the Treasury has 
    delegated authority so to act.
    
    
    Sec. 596.806  Rules governing availability of information.
    
        (a) The records of the Office of Foreign Assets Control which are 
    required by 5 U.S.C. 552 to be made available to the public shall be 
    made available in accordance with the definitions, procedures, payment 
    of fees, and other provisions of the Regulations on the Disclosure of 
    Records of the Office of the Secretary and of other bureaus and offices 
    of the Department of Treasury issued pursuant to 5 U.S.C. 552 and 
    published at 31 CFR part 1.
        (b) The records of the Office of Foreign Assets Control required by 
    the Privacy Act (5 U.S.C. 552a) to be made available to an individual 
    shall be made available in accordance with the definitions, procedures, 
    requirements for payment of fees, and other provisions of the 
    Regulations on Disclosure of Records of the Departmental Offices and of 
    other bureaus and offices of the Department of the Treasury issued 
    under 5 U.S.C. 552a and published at 31 CFR part 1.
    
    Subpart I--Paperwork Reduction Act
    
    
    Sec. 596.901  Paperwork Reduction Act notice.
    
        The information collection requirements in Secs. 596.601, 596.602, 
    596.603 and 596.801 have been approved by the Office of Management and 
    Budget and assigned control number 1505-0161.
    
        Dated: August 16, 1996.
    Loren L. Dohm,
    Acting Director, Office of Foreign Assets Control.
        Approved: August 20, 1996.
    James E. Johnson,
    Assistant Secretary (Enforcement).
    [FR Doc. 96-21705 Filed 8-21-96; 3:11 pm]
    BILLING CODE 4810-25-F
    
    
    

Document Information

Published:
08/23/1996
Department:
Treasury Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-21705
Dates:
12:01 a.m. EDT, August 22, 1996.
Pages:
43462-43466 (5 pages)
PDF File:
96-21705.pdf
CFR: (35)
31 CFR 596.101
31 CFR 596.201
31 CFR 596.202
31 CFR 596.301
31 CFR 596.302
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