96-20499. Delivery of Checks and Warrants to Addresses Outside the United States, Its Territories and Possessions

[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Rules and Regulations]
[Page 41739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20499]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 211

RIN 1510-AA55


Delivery of Checks and Warrants to Addresses Outside the United 
States, Its Territories and Possessions

AGENCY: Financial Management Service, Fiscal Service, Treasury.

ACTION: Final Rule.

-----------------------------------------------------------------------

SUMMARY: This final rule revises the regulations governing the delivery 
of Treasury checks outside the United States by removing the reference 
to Vietnam. With the resumption of diplomatic relations, there is 
reasonable assurance that payees residing in Vietnam will receive and 
be able to negotiate Treasury checks for full value. An additional 
revision contained in this rule updates a reference to the Department 
of Veterans Affairs.

EFFECTIVE DATE: August 12, 1996.

FOR FURTHER INFORMATION CONTACT: William S. Mehr, Manager, 
Administrative Services Branch, Financial Management Service, 
Department of the Treasury, Washington, D.C. 20227, [phone]; or 
Paul M. Curran (Principal Attorney) [phone].

SUPPLEMENTARY INFORMATION: In response to inquiries from payment 
certifying agencies regarding the possible resumption of the delivery 
of Treasury checks to Vietnam, the Department of the Treasury requested 
information from the Department of State (State) regarding banking and 
postal conditions in that country. State has advised that, within the 
past year, banking facilities in Vietnam have improved greatly and 
should continue to do so.
    With respect to postal facilities, State has proposed a system 
whereby Treasury checks will be sent by diplomatic pouch to the 
American Embassy in Hanoi. Further delivery, by hand, to the American 
Consulate in Ho Chi Minh City also will be arranged by Embassy 
personnel. Because of the small number of payees residing in Vietnam, 
this arrangement is feasible for both Treasury and State. Additionally, 
it is acceptable to payment certifying agencies.
    Accordingly, there is reasonable assurance that payees living in 
Vietnam will receive checks drawn against funds of the United States 
and will be able to negotiate the same for full value. For this reason, 
31 CFR 211.1(a) is being revised to delete the reference to Vietnam.
    The regulation also contains outdated references to the Veterans 
Administration. This amendment will correctly refer to the Department 
of Veterans Affairs and the Secretary of Veterans Affairs.

Rulemaking Analysis

    Because no notice of proposed rulemaking is required for this rule, 
the provisions of the Regulatory Flexibility Act do not apply.
    It has been determined that, because this regulation involves a 
foreign affairs function of the United States, it is not subject to 
Executive Order 12866. Therefore, a Regulatory Assessment is not 
required.

Notice and Comment

    Because this rule removes a restriction on the delivery of Treasury 
checks to a foreign country, the Department of the Treasury has 
determined that notice of proposed rulemaking, public procedure and a 
delayed effective date are not required pursuant to 5 U.S.C. 553(a)(1), 
5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(1).

List of Subjects in 31 CFR Part 211

    Foreign banking, Foreign claims, Checks.

    For the reasons set out in the preamble, 31 CFR Part 211 is amended 
as set forth below.

PART 211--DELIVERY OF CHECKS AND WARRANTS TO ADDRESSES OUTSIDE THE 
UNITED STATES, ITS TERRITORIES AND POSSESSIONS

    1. The authority citation for part 211 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 321 and 3329.

    2. Section 211.1(a) is revised to read as follows:


Sec. 211.1  Withholding delivery of checks.

    (a) It is hereby determined that postal, transportation or banking 
facilities in general or local conditions in the Republic of Cuba, 
Democratic Kampuchea, and the Democratic People's Republic of Korea 
(North Korea) are such that there is not a reasonable assurance that a 
payee in those areas will actually receive checks or warrants drawn 
against funds of the United States, or agencies or instrumentalities 
thereof, and be able to negotiate the same for full value.
* * * * *
    3. Section 211.2 is revised to read as follows:


Sec. 211.2  Claims for the release of withheld checks or for the 
proceeds thereof.

    Claims for the release of checks or warrants withheld from delivery 
or for the proceeds thereof, shall be filed with the administrative 
agency which would have originally authorized such issuance, e.g., 
claims arising out of checks or warrants representing payments under 
laws administered by the Department of Veterans Affairs shall be filed 
with the Secretary of Veterans Affairs, Department of Veterans Affairs, 
Washington, DC 20420.

    Dated: July 23, 1996.
Russell D. Morris,
Commissioner.
[FR Doc. 96-20499 Filed 8-9-96; 8:45 am]
BILLING CODE 4810-35-P