[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Rules and Regulations]
[Pages 9343-9344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5487]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 500
Foreign Assets Control Regulations; Humanitarian Donations to
North Korea
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule; amendments.
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SUMMARY: This rule amends the Foreign Assets Control Regulations to
authorize by general license all transactions with respect to the
donation of funds to the United Nations and the American and
International Red Cross for humanitarian assistance in the Democratic
People's Republic of Korea, as well as all transactions incident to the
donation of goods to meet basic human needs to the Democratic People's
Republic of Korea from third countries by persons subject to U.S.
jurisdiction.
EFFECTIVE DATE: March 5, 1996.
FOR FURTHER INFORMATION CONTACT: Steven I. Pinter, Chief of Licensing,
tel.: 202/622-2480, or William B. Hoffman, Chief Counsel, tel.: 202/
622-2410, Office of Foreign Assets Control, Department of the Treasury,
Washington, DC 20220.
SUPPLEMENTARY INFORMATION:
Electronic 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
disks or paper copies. This file is available for downloading without
charge in WordPerfect, ASCII, and Adobe AcrobatTM readable (*.PDF)
formats. The document is also accessible for downloading without charge
in ASCII format 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).
Background
As part of the October 21, 1994 United States-Democratic People's
Republic of Korea (``DPRK'') Agreed Framework, the United States
undertook to ease economic sanctions against the DPRK. Since that time,
the DPRK has experienced severe flooding and is in need of emergency
disaster assistance. As a separate measure, to facilitate the provision
of humanitarian aid to the DPRK by private and nongovernmental persons,
the Treasury Department is amending the Foreign Assets Control
Regulations, 31 CFR part 500 (the ``Regulations''), by amending
Sec. 500.573 to authorize, by general license, the donation of funds
for humanitarian assistance to the United Nations, related UN programs
and specialized agencies, the American Red Cross and the International
Committee of the Red Cross. Amended Sec. 500.573 also authorizes by
general license transactions incident to the donation to the DPRK from
third countries of goods to meet basic human needs by persons subject
to U.S. jurisdiction. Goods meeting basic human needs are defined by
reference to Sec. 773.5 and supplement no. 7 to part 773 of the
Commerce Department's Export Administration Regulations, 15 CFR parts
768-799.
Because the Regulations involve a foreign affairs function,
Executive Order 12866 and the provisions of 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.
List of Subjects in 31 CFR Part 500
Administrative practice and procedure, Banks, banking, Cambodia,
Exports, Fines and penalties, Finance, Foreign investment in the United
States, Foreign trade, Imports, Information and informational
materials, International organizations, North Korea, Reporting and
recordkeeping requirements,
[[Page 9344]]
Securities, Services, Travel restrictions, Trusts and estates, Vietnam.
For the reasons set forth in the preamble, 31 CFR part 500 is
amended as set forth below:
1. The authority citation for part 500 continues to read as
follows:
T4Authority: 50 U.S.C. App. 1-44; E.O. 9193, 7 FR 5205, 3 CFR,
1938-1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943-1948
Comp., p. 748.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
2. Section 500.573 is revised to read as follows:
Sec. 500.573 Certain donations of funds and goods to meet basic human
needs authorized.
(a) The donation of funds for the purpose of contributing to the
provision of humanitarian assistance to victims of natural disasters in
North Korea is authorized, provided that such donations may only be
made through the United Nations, related UN programs and specialized
agencies, the American Red Cross and the International Committee of the
Red Cross.
(b) With respect to transactions not within the scope of the
general license contained in Sec. 500.533 of this part, all
transactions incident to the donation to North Korea of goods to meet
basic human needs are authorized. For purposes of this section, goods
to meet basic human needs shall be defined by reference to the
Humanitarian License Procedure set forth in 15 CFR 773.5 (c) and (d)
and supplement no. 7 to part 773 of the Export Administration
Regulations.
(c) Note: Exports from the United States to North Korea or
reexports to North Korea of U.S.-origin goods, or foreign goods
containing U.S.-origin content or produced from U.S.-origin technical
data, to meet basic human needs in North Korea may require
authorization from the U.S. Department of Commerce.
Dated: February 28, 1996.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved: February 29, 1996.
Dennis M. O'Connell
Acting Deputy Assistant Secretary (Regulatory, Tariff & Law
Enforcement).
[FR Doc. 96-5487 Filed 3-5-96; 9:32 am]
BILLING CODE 4810-25-F
