[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Rules and Regulations]
[Pages 43924-43936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20831]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 590
UNITA (Angola) Sanctions Regulations: Implementation of Executive
Orders 13069 and 13098
AGENCY: Office of Foreign Assets Control, Department of the Treasury.
ACTION: Final rule; amendments.
-----------------------------------------------------------------------
SUMMARY: The Office of Foreign Assets Control of the U.S. Department of
the Treasury is amending the UNITA (Angola) Sanctions Regulations to
implement Executive Order 13069 of December 12, 1997, and Executive
Order 13098 of August 18, 1998, prohibiting certain transactions with
respect to the National Union for the Total Independence of Angola
(``UNITA'') and to make other technical and conforming changes.
EFFECTIVE DATE: August 12, 1999.
FOR FURTHER INFORMATION CONTACT: John T. Roth, Chief, Policy Planning
and Program Management, tel.: 202/622-2500, 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
disk or paper copies. This file is available for downloading without
charge in ASCII and Adobe AcrobatR readable (*.PDF) formats.
For Internet access, the address for use with the World Wide Web (Home
Page), Telnet, or FTP protocol is: fedbbs.access.gpo.gov. The document
is also accessible for downloading in ASCII format without charge from
Treasury's Electronic Library (``TEL'') in the ``Research Mall'' of the
FedWorld bulletin board. By modem, dial 703/321-8020, and select self-
expanding file ``T11FR00.EXE'' 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.treas.gov/ofac, 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 (within the United States) a touch-
tone telephone.
Background
On September 26, 1993, in view of United Nations Security Council
Resolution No. 864 of September 15, 1993, President Clinton issued E.O.
12865, 58 FR 51005, 3 CFR, 1993 Comp., p.636, declaring a national
emergency with respect to UNITA's actions in Angola and placing
sanctions on UNITA. Executive Order 12865 prohibits the sale or supply
by United States persons, or from the United States or using U.S.-
registered vessels or aircraft, of arms, arms-related materiel of all
types, petroleum, and petroleum products, regardless of their origin,
to the territory of Angola, other than through designated points of
entry, or to UNITA. Executive Order 12865 also prohibits any activity
by U.S. persons or in the United States that promotes or is calculated
to promote such prohibited sale or supply. On December 10, 1993, the
Office of Foreign Assets Control of the Department of the Treasury
(``OFAC'') implemented Executive Order 12865 by promulgating the UNITA
(Angola) Sanctions Regulations, 31 CFR Part 590 (the ``Regulations'').
On December 12, 1997, President Clinton issued Executive Order
13069, 62 FR 65989, 3 CFR, 1997 Comp., p.232, placing additional
sanctions on UNITA, taking into account the provisions of United
Nations Security Council Resolutions 1127 of August 28, 1997, and 1130
of September 29, 1997. Effective 12:01 a.m. EST on December 15, 1997,
Executive Order 13069 closes all UNITA offices in the United States and
prohibits various aircraft-related transactions. Specifically, section
2(a) of Executive Order 13069 prohibits the sale, supply, or making
available in any form by United States persons, or from the United
States or using U.S.-registered vessels or aircraft, of aircraft or
aircraft components, regardless of their origin, to the territory of
Angola, other than through designated points of entry, or to UNITA.
Section 2(b) prohibits the insurance, engineering, or servicing of
UNITA aircraft by United States persons or from the United States.
Section 2(c) prohibits the granting of takeoff, landing, or overflight
permission to any aircraft on flights or continuations of flights to or
from the territory of Angola other than to or from designated places in
Angola. Section 2(d) prohibits the provision of engineering and
maintenance servicing, the certification of airworthiness, the payment
of new insurance claims against existing insurance contracts, and the
provision, renewal, or making available of direct insurance by a United
States person or from the United States with respect to any aircraft
registered in Angola, except designated aircraft, and with respect to
any aircraft that have entered the territory of Angola other than
through designated points of entry.
On August 18, 1998, President Clinton issued Executive Order 13098,
63 FR 44771, 3 CFR, 1998 Comp., p.206, placing further sanctions on
UNITA, taking into account the provisions of United Nations Security
Council Resolutions 1173 of June 12, 1998, and 1176 of June 24, 1998.
These additional sanctions went into effect at 12:01 a.m. EDT on August
19, 1998. Section 1 of Executive Order 13098 blocks all property and
interests in property of UNITA, designated senior UNITA officials, and
designated adult members of their immediate families if the property or
property interests are in the United States, hereafter come within the
United States, or are or hereafter come within the possession or
control of United States persons. Section 2 prohibits the importation
into the United States of all diamonds exported from Angola that are
not controlled through the Certificate of Origin regime of the Angolan
Government of Unity and National Reconciliation (the ``GURN''). Section
2 also prohibits the
[[Page 43925]]
sale or supply by United States persons, or from the United States or
using U.S.-registered vessels or aircraft, of equipment used in mining
and of motorized vehicles, watercraft, or spare parts for motorized
vehicles or watercraft, regardless of their origin, to the territory of
Angola other than through designated points of entry. Finally, section
2 prohibits the sale or supply by U.S. persons, or from the United
States or using U.S.-registered vessels or aircraft, of mining services
or ground or waterborne transportation services, regardless of their
origin, to persons in designated areas of Angola to which the GURN's
State administration has not been extended.
Accordingly, to implement Executive Orders 13069 and 13098, and to
make technical and conforming changes, OFAC is amending the
Regulations. Since the amendments are extensive, part 590 is being
reissued in its entirety.
New prohibitions are added to the Regulations to reflect the new
sanctions imposed in Executive Orders 13069 and 13098, and certain
existing prohibitions are renumbered. The text of existing Sec. 590.202
has been replaced by new language implementing section 1 of Executive
Order 13069, requiring the closure of all UNITA offices located in the
United States. The text of existing Sec. 590.203 has been moved to new
Sec. 590.211 and replaced by new language implementing the aircraft-
related prohibitions contained in section 2 of Executive Order 13069
that are within the Treasury Department's jurisdiction. Thus,
Sec. 590.203 now prohibits the sale, supply, or making available in any
form by United States persons, or from the United States or using U.S.-
registered vessels or aircraft, of aircraft or aircraft components,
regardless of origin, to the territory of Angola, other than through a
point of entry designated in new appendix B to part 590, or to UNITA.
Section 590.203 also prohibits the insuring, engineering, or servicing
by United States persons or from the United States of any aircraft
owned or controlled by UNITA. Finally, Sec. 590.203 prohibits the
provision or making available of engineering and maintenance servicing,
the payment of new claims against insurance contracts in existence as
of December 15, 1997, and the provision, renewal, or making available
of direct insurance by United States persons or from the United States
after December 14, 1997, with respect to aircraft registered in Angola,
other than aircraft designated in new appendix C to part 590, or with
respect to any aircraft that have entered the territory of Angola other
than through a point of entry designated in new appendix B to part 590.
(Provisions in section 2 of Executive Order 13069 relating to the
granting of takeoff, landing, and overflight permission to certain
aircraft and the certification of airworthiness for certain aircraft
are not addressed by this final rule, but instead are implemented by
the Department of Transportation.)
Section 590.204 of the Regulations, implementing section 2(b) of
Executive Order 13098, prohibits the sale or supply by United States
persons, or from the United States or using U.S.-registered vessels or
aircraft, of equipment used in mining, regardless of origin, to the
territory of Angola other than through a point of entry designated in
new appendix B to part 590. Section 590.205 of the Regulations,
implementing section 2(c) of Executive Order 13098, imposes the same
prohibition with respect to motorized vehicles, watercraft, and spare
parts for motorized vehicles or watercraft. Section 590.206 of the
Regulations, implementing section 2(d) of Executive Order 13098,
prohibits the sale or supply by United States persons, or from the
United States or using U.S.-registered vessels or aircraft, of mining
services or ground or waterborne transportation services, regardless of
origin, to persons in areas of Angola to which the GURN's State
administration has not been extended, as designated in new appendix D
to part 590.
Section 590.207 of the Regulations, implementing section 1 of
Executive Order 13098, blocks all property and interests in property
that are in the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or control
of U.S. persons, including their overseas branches, of UNITA and those
senior UNITA officials or adult members of their immediate families
designated by the Secretary of the Treasury or the Secretary's
delegate. As defined in Sec. 590.314 of the Regulations, UNITA includes
all persons owned or controlled by or acting for or on behalf of UNITA.
Section 590.209 and 590.210 of the Regulations detail the effect of
transfers of blocked property in violation of the Regulations and the
required holding of blocked property in interest-bearing accounts.
Section 590.208 of the Regulations, implementing section 2(a) of
Executive Order 13098, prohibits the direct or indirect importation
into the United States of all diamonds exported from Angola after
August 18, 1998, unless those diamonds are controlled through the
Certificate of Origin regime of the GURN.
Various new definitions are added to the Regulations, several
existing definitions are revised, and all of the definitions are placed
in alphabetical order and renumbered accordingly. Due to the
substantial increase in regulated commodities that are not normally
controlled for export as dual-use items, OFAC has decided to
discontinue use of the Commerce Control List as the primary reference
for defining the broad categories of commodities now regulated by the
Regulations and to reference instead the relevant chapters, headings,
and subheadings of Harmonized Tariff Schedule of the United States
(``HTS''). Thus, the term ``aircraft or aircraft components'' is
defined in Sec. 590.301 of the Regulations by reference to the relevant
chapter of the HTS. Similarly, the terms ``diamonds,'' ``equipment used
in mining,'' and ``motorized vehicles, watercraft, or spare parts for
motorized vehicles or watercraft'' are defined in Secs. 590.305,
590.308, and 590.313 respectively by reference to the relevant HTS
subheadings. For consistency, the existing definitions for ``arms and
related materiel'' and ``petroleum and petroleum products,'' now
located at Secs. 590.302 and 590.316 respectively, have been modified
by replacing the references to the Commerce Control List with
references to the relevant chapters of the HTS. (However, in appendix A
to part 590, which lists various arms and related materiel, references
to Commerce Control List categories have been retained and updated as
an additional guide for exporters.) The terms ``controlled through the
Certificate of Origin regime of the Angolan Government of Unity and
National Reconciliation'' and ``mining services or ground or waterborne
transportation services'' are defined in Secs. 590.304 and 590.312
respectively, and numerous definitions are added to clarify the scope
of the blocking ordered in Sec. 590.207 of the Regulations. To
implement the definition of ``UNITA'' in Executive Orders 13069 and
13098, the definition of the term ``National Union for the Total
Independence of Angola,'' or ``UNITA,'' located at Sec. 590.314, is
expanded to include ``the Center for Democracy in Angola (CEDA),'' the
successor to the Free Angola Information Services, Inc. Finally, the
definition of ``effective date'' in Sec. 590.306 is amended to include
the effective dates of all new prohibitions contained in the
Regulations.
Subpart D of the Regulations is amended to include interpretive
sections relating to blocked property and interests in property and the
new import and export restrictions. The existing interpretive sections
concerning
[[Page 43926]]
transshipments through the United States and transshipments through
third countries are revised to include the commodities and services
covered by the new prohibitions.
Subpart E of the Regulations is amended to include several general
licenses and to indicate that OFAC will consider granting specific
licenses for transactions for medical and humanitarian purposes
otherwise prohibited under Secs. 590.203 through 590.208 of the
Regulations. Subpart F of the Regulations is amended to reflect the
relocation of sections relating to OFAC records and reports to subpart
C of 31 CFR part 501. Technical and conforming changes are made to
subpart G of the Regulations, relating to penalties. Subpart H of the
Regulations is amended to reflect the relocation of sections containing
license application procedures and procedures relating to amendments,
modifications, or revocations of licenses; administrative decisions;
rulemaking; and requests for documents pursuant to the Freedom of
Information and Privacy Acts (5 U.S.C. 552 and 552a) to subpart D of 31
CFR part 501. Subpart I of the Regulations is amended to include a
Paperwork Reduction Act notice.
Five new appendices are added to the Regulations. Appendix B to
part 590 contains the list of points of entry in the territory of
Angola designated for the purposes of the exceptions to certain
prohibitions in Secs. 590.201, 590.203, 590.204, and 590.205. The list
of these points of entry currently contained in Sec. 590.201(b) is
removed and transferred to new appendix B to part 590. This amendment
will allow both the existing and new sections to refer to the same list
of designated points of entry without unneeded repetition. Appendix C
to part 590 contains the list of designated aircraft to which certain
prohibitions contained in Sec. 590.203 do not apply. Appendix D to part
590 lists those areas to which the GURN's State administration has not
been extended for purposes of the prohibition in Sec. 590.206.
Appendices E and F to part 590 are non-exhaustive lists of the items
considered to be equipment used in mining, motorized vehicles,
watercraft, and spare parts for motorized vehicles and watercraft,
which are subject to the prohibitions in Secs. 590.204 and 590.205.
Other technical amendments are also made.
Since the Regulations involve a foreign affairs function, the
provisions of Executive Order 12866 and the Administrative Procedure
Act (5 U.S.C. 553) (the ``APA'') 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
As authorized in the APA, the Regulations are being issued without
prior notice and public comment. The collections of information related
to the Regulations are contained in 31 CFR part 501 (the ``Reporting
and Procedures Regulations''). Pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3507), those collections of information have been
approved by the Office of Management and Budget (``OMB'') under control
number 1505-0164. 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.
List of Subjects in 31 CFR Part 590
Administrative practice and procedure, Aircraft, Aircraft services,
Angola, Arms and munitions, Blocking of assets, Diamonds, Exports,
Foreign trade, Imports, Insurance, Mining equipment, Mining services,
Motorized vehicles, National Union for the Total Independence of
Angola, Penalties, Petroleum, Reporting and recordkeeping requirements,
Shipping, Transportation services, UNITA, Vessels.
For the reasons set forth in the preamble, 31 CFR part 590 is
revised to read as follows:
PART 590--ANGOLA (UNITA) SANCTIONS REGULATIONS
Subpart A--Relation of This Part to Other Laws and Regulations
Sec.
590.101 Relation of this part to other laws and regulations.
Subpart B--Prohibitions
590.201 Prohibited sale or supply of arms, arms materiel, petroleum,
or petroleum products.
590.202 Required closure of UNITA offices in the United States.
590.203 Prohibited aircraft-related transactions.
590.204 Prohibited sale or supply of equipment used in mining.
590.205 Prohibited sale or supply of motorized vehicles, watercraft,
or spare parts for motorized vehicles or watercraft.
590.206 Prohibited sale or supply of mining services or ground or
waterborne transportation services.
590.207 Prohibited transactions involving blocked property.
590.208 Prohibited importation of diamonds.
590.209 Effect of transfers violating the provisions of this part.
590.210 Holding of funds in interest-bearing accounts; investment
and reinvestment.
590.211 Evasions; attempts; conspiracies.
Subpart C--General Definitions
590.301 Aircraft or aircraft components.
590.302 Arms and related materiel.
590.303 Blocked account; blocked property.
590.304 Controlled through the Certificate of Origin Regime of the
Angolan Government of Unity and National Reconciliation.
590.305 Diamonds.
590.306 Effective date.
590.307 Entity.
590.308 Equipment used in mining.
590.309 General license.
590.310 Interest.
590.311 License.
590.312 Mining services or ground or waterborne transportation
services.
590.313 Motorized vehicles, watercraft, or spare parts for motorized
vehicles or watercraft.
590.314 National Union for the Total Independence of Angola; UNITA.
590.315 Person.
590.316 Petroleum and petroleum products.
590.317 Property; property interest.
590.318 Specific license.
590.319 Transfer.
590.320 United States.
590.321 United States person; U.S. person.
590.322 U.S. financial institution.
Subpart D--Interpretations
590.401 Reference to amended sections.
590.402 Effect of amendment.
590.403 Termination and acquisition of an interest in blocked
property.
590.404 Setoffs prohibited.
590.405 Transactions incidental to a licensed transaction.
590.406 Offshore transactions.
590.407 Transshipments through the United States prohibited.
590.408 Exports to third countries; transshipments.
590.409 Payments from blocked accounts to U.S. exporters and for
other obligations prohibited.
590.410 Provision of services.
590.411 Importation of diamonds mined outside of Angola.
590.412 Importation into and release from a bonded warehouse or
foreign trade zone.
Subpart E--Licenses, Authorizations, and Statements of Licensing Policy
590.501 General and specific licensing procedures.
590.502 Effect of license.
590.503 Exclusion from licenses.
590.504 Exemptions for medical and humanitarian purposes.
590.505 Payments and transfers to blocked accounts in U.S. financial
institutions.
590.506 Entries in certain accounts for normal service charges
authorized.
590.507 Provision of certain legal services authorized.
590.508 Investment and reinvestment of certain funds.
[[Page 43927]]
Subpart F--Reports
590.601 Records and reports.
Subpart G--Penalties
590.701 Penalties.
590.702 Prepenalty notice.
590.703 Response to prepenalty notice; informal settlement.
590.704 Penalty imposition or withdrawal.
590.705 Administrative collection; referral to United States
Department of Justice.
Subpart H--Procedures
590.801 Procedures.
590.802 Delegation by the Secretary of the Treasury.
Subpart I--Paperwork Reduction Act
590.901 Paperwork Reduction Act notice.
Appendix A to Part 590--Arms and Related Materiel
Appendix B to Part 590--Designated Points of Entry in the Territory of
Angola
Appendix C to Part 590--Designated Aircraft of Angolan Registry
[Reserved]
Appendix D to Part 590--Designated Areas of Angola to Which State
Administration Has Not Been Extended
Appendix E to Part 590--Equipment Used in Mining (Harmonized Tariff
Schedule Subheadings)
Appendix F to Part 590--Motorized Vehicles, Watercraft, or Spare Parts
for Motorized Vehicles or Watercraft (Harmonized Tariff Schedule
Subheadings)
Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 31 U.S.C. 321(b); 50
U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890 (28
U.S.C. 2461 note); E.O. 12865, 58 FR 51005, 3 CFR, 1993 Comp.,
p.636; E.O. 13069, 62 FR 65989, 3 CFR, 1997 Comp., p.232; E.O.
13098, 63 FR 44771, 3 CFR, 1998 Comp., p.206
Subpart A--Relation of This Part to Other Laws andRegulations
Sec. 590.101 Relation of this part to other laws and regulations.
(a) This part is separate from, and independent of, the other parts
of this chapter, with the exception of part 501 of this chapter, the
provisions of which apply to this part. Actions taken pursuant to part
501 of this chapter with respect to the prohibitions contained in this
part are considered actions taken pursuant to this part. Differing
foreign policy and national security contexts may result in differing
interpretations of similar language among the parts of this chapter. No
license or authorization contained in or issued pursuant to those other
parts authorizes any transaction prohibited by 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.
(b) No license 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. 590.201 Prohibited sale or supply of arms, arms materiel,
petroleum, or petroleum products.
Except as otherwise authorized, the sale or supply by United States
persons, or from the United States or using U.S.-registered vessels or
aircraft, or any activity by United States persons or in the United
States that promotes or is calculated to promote the sale or supply, of
arms and related materiel of all types (as defined in Sec. 590.302) or
petroleum and petroleum products (as defined in Sec. 590.316),
regardless of origin, is prohibited if such sale or supply is to:
(a) UNITA; or
(b) The territory of Angola other than through a point of entry
designated in appendix B to this part.
Note to Sec. 590.201: The exportation of arms-related items to
Angola may require separate authorization from the Bureau of Export
Administration, U.S. Department of Commerce, under the Export
Administration Regulations, 15 CFR subchapter C.
Sec. 590.202 Required closure of UNITA offices in the United States.
Except as otherwise authorized, all UNITA offices operating in the
United States shall immediately and completely close.
Sec. 590.203 Prohibited aircraft-related transactions.
Except as otherwise authorized, the following are prohibited:
(a) The sale, supply, or making available in any form by United
States persons, or from the United States or using U.S.-registered
vessels or aircraft, of any aircraft or aircraft components (as defined
in Sec. 590.301), regardless of origin, to:
(1) UNITA; or
(2) The territory of Angola other than through a point of entry
designated in appendix B to this part;
Note to paragraph (a): The exportation of aircraft-related items
to Angola may require separate authorization from the Bureau of
Export Administration, U.S. Department of Commerce, under the Export
Administration Regulations, 15 CFR subchapter C.
(b) The insurance, engineering, or servicing by United States
persons or from the United States of any aircraft owned or controlled
by UNITA;
(c) The provision or making available of engineering and
maintenance servicing, the payment of new claims against existing
insurance contracts, or the provision, renewal, or making available of
direct insurance by United States persons or from the United States
with respect to any aircraft that:
(1) Is registered in Angola other than aircraft designated in
appendix C to this part; or
(2) Has entered the territory of Angola other than through a point
of entry designated in appendix B to this part.
Note to Sec. 590.203: Additional prohibitions exist on (1) the
granting of takeoff, landing, and overflight permission for aircraft
that are en route to or from a point in the territory of Angola
other than a point of entry designated in appendix B to this part,
and (2) the certification of airworthiness with respect to any
aircraft registered in Angola, other than aircraft designated in
appendix C to this part, or with respect to any aircraft that has
entered Angola other than through a point of entry designated in
appendix B to this part. These prohibitions are not included in this
part because they fall within the jurisdiction of the U.S.
Department of Transportation and the Federal Aviation
Administration. Persons involved in these transactions are directed
to review the rules of the Department of Transportation and the
Federal Aviation Administration or to contact those agencies for
assistance.
Sec. 590.204 Prohibited sale or supply of equipment used in mining.
Except as otherwise authorized, the sale or supply by United States
persons, or from the United States or using U.S.-registered vessels or
aircraft, of equipment used in mining (as defined in Sec. 590.308),
regardless of origin, to the territory of Angola other than through a
point of entry designated in appendix B to this part is prohibited.
Note to Sec. 515.204: The export to Angola of equipment used in
mining is also subject to the Export Administration Regulations, 15
CFR subchapter C, and may require separate authorization from the
Bureau of Export Administration, U.S. Department of Commerce.
Sec. 590.205 Prohibited sale or supply of motorized vehicles,
watercraft, or spare parts for motorized vehicles or watercraft.
Except as otherwise authorized, the sale or supply by United States
persons, or from the United States or using U.S.-registered vessels or
aircraft, of motorized vehicles, watercraft, or spare parts for
motorized vehicles or watercraft (as defined in Sec. 590.313),
regardless of origin, to the territory of Angola other than through a
point of entry designated in appendix B to this part is prohibited.
Note to Sec. 515.204: The export to Angola of motorized
vehicles, watercraft, or spare parts for motorized vehicles or
watercraft is also subject to the Export Administration Regulations,
15 CFR subchapter C, and may require separate authorization from the
Bureau of Export Administration, U.S. Department of Commerce.
[[Page 43928]]
Sec. 590.206 Prohibited sale or supply of mining services or ground or
waterborne transportation services.
Except as otherwise authorized, the sale or supply by United States
persons, or from the United States or using U.S.-registered vessels or
aircraft, of mining services or ground or waterborne transportation
services (as defined in Sec. 590.312), regardless of origin, to persons
in areas of Angola to which State administration has not been extended,
as designated in appendix D to this part, is prohibited.
Sec. 590.207 Prohibited transactions involving blocked property.
(a) Except as otherwise authorized, no property or interests in
property that are in the United States, that hereafter come within the
United States, or that are or hereafter come within the possession or
control of United States persons, including their overseas branches, of
UNITA or of those senior officials of UNITA or adult members of their
immediate families who are designated by the Secretary of the Treasury
or the Secretary's delegate may be transferred, paid, exported,
withdrawn, or otherwise dealt in.
Note to paragraph (a) of Sec. 590.207: Please refer to the
appendices at the end of this chapter V for listings of senior
officials of UNITA and adult members of their immediate families
designated pursuant to this section. Section 501.807 of this chapter
V sets forth the procedures to be followed by persons seeking
administrative reconsideration of their designation or who wish to
assert that the circumstances resulting in designation no longer
apply.
(b) Unless otherwise authorized by this part or by a specific
license expressly referring to this section, any dealing in any
security (or evidence thereof) held within the possession or control of
a U.S. person and either registered or inscribed in the name of or
known to be held for the benefit of any person whose property is
blocked pursuant to this section is prohibited. This prohibition
includes but is not limited to the transfer (including the transfer on
the books of any issuer or agent thereof), disposition, transportation,
importation, exportation, or withdrawal of any such security or the
endorsement or guaranty of signatures on any such security. This
prohibition applies irrespective of the fact that at any time (either
prior to, on, or subsequent to the effective date) the registered or
inscribed owner of any such security may have or appears to have
assigned, transferred, or otherwise disposed of the security.
(c) When a transaction results in the blocking of funds at a
financial institution pursuant to this section and a party to the
transaction believes the funds have been blocked due to mistaken
identity, that party may seek to have such funds unblocked pursuant to
the administrative procedures set forth in Sec. 501.806 of this
chapter.
Sec. 590.208 Prohibited importation of diamonds.
Except as otherwise authorized, the direct or indirect importation
into the United States on or after 12:01 a.m. EDT on August, 19, 1998,
of all diamonds (as defined in Sec. 590.305) exported from Angola that
are not controlled through the Certificate of Origin regime of the
Angolan Government of Unity and National Reconciliation (as defined in
Sec. 590.304) is prohibited.
Sec. 590.209 Effect of transfers violating the provisions of this
part.
(a) Any transfer after the effective date that is in violation of
any provision of this part or of any regulation, order, directive,
ruling, instruction, or license issued pursuant to this part, and that
involves any property or interest in property blocked pursuant to
Sec. 590.207(a) is null and void and shall not be the basis for the
assertion or recognition of any interest in or right, remedy, power, or
privilege with respect to such property or property interest.
(b) No transfer before the effective date shall be the basis for
the assertion or recognition of any right, remedy, power, or privilege
with respect to, or any interest in, any property or interest in
property blocked pursuant to Sec. 590.207(a), unless the person with
whom such property is held or maintained, prior to that date, had
written notice of the transfer or by any written evidence had
recognized such transfer.
(c) Unless otherwise provided, an appropriate license or other
authorization issued by or pursuant to the direction or authorization
of the Director of the Office of Foreign Assets Control before, during,
or after a transfer shall validate such transfer or make it enforceable
to the same extent that it would be valid or enforceable but for the
provisions of the International Emergency Economic Powers Act, the
United Nations Participation Act, this part, and any regulation, order,
directive, ruling, instruction, or license issued pursuant to this
part.
(d) Property transfers that otherwise would be null and void or
unenforceable by virtue of the provisions of this section shall not be
deemed to be null and void or unenforceable as to any person with whom
such property was held or maintained (and as to such person only) in
cases in which such person is able to establish to the satisfaction of
the Director of the Office of Foreign Assets Control each of the
following:
(1) Such transfer did not represent a willful violation of the
provisions of this part by the person with whom such property was held
or maintained;
(2) The person with whom such property was held or maintained did
not have reasonable cause to know or suspect, in view of all the facts
and circumstances known or available to such person, that such transfer
required a license issued pursuant to this part and was not so
licensed, or if a license did purport to cover the transfer, that such
license had been obtained by misrepresentation of a third party or
withholding of material facts or was otherwise fraudulently obtained;
and
(3) The person with whom such property was held or maintained filed
with the Office of Foreign Assets Control a report setting forth in
full the circumstances relating to such transfer promptly upon
discovery that:
(i) Such transfer was in violation of the provisions of this part
or any regulation, ruling, instruction, direction, or license issued
pursuant to this part;
(ii) Such transfer was not licensed or authorized by the Director
of the Office of Foreign Assets Control; or
(iii) If a license did purport to cover the transfer, such license
had been obtained by misrepresentation of a third party or withholding
of material facts or was otherwise fraudulently obtained.
Note to paragraph (d) of Sec. 590.209: The filing of a report in
accordance with the provisions of paragraph (d)(3) of this section
shall not be deemed evidence that the terms of paragraphs (d)(1) and
(d)(2) of this section have been satisfied.
(e) Unless licensed pursuant to this part, any attachment,
judgment, decree, lien, execution, garnishment, or other judicial
process is null and void with respect to any property in which on or
since the effective date of Sec. 590.207 there existed an interest of a
person whose property is blocked pursuant to Sec. 590.207(a).
Sec. 590.210 Holding of funds in interest-bearing accounts; investment
and reinvestment.
(a) Except as provided in paragraph (c) or (d) of this section, or
as otherwise directed by the Office of Foreign Assets Control, any U.S.
person holding funds, such as currency, bank deposits, or liquidated
financial obligations, subject to Sec. 590.207(a) shall hold or place
such funds in a blocked interest-bearing account located in the United
States.
(b)(1) For purposes of this section, the term blocked interest-
bearing account means a blocked account:
[[Page 43929]]
(i) In a federally-insured U.S. bank, thrift institution, or credit
union, provided the funds are earning interest at rates that are
commercially reasonable; or
(ii) With a broker or dealer registered with the Securities and
Exchange Commission under the Securities Exchange Act of 1934, provided
the funds are invested in a money market fund or in U.S. Treasury
bills.
(2) For purposes of this section, a rate is commercially reasonable
if it is the rate currently offered to other depositors on deposits or
instruments of comparable size and maturity.
(3) Funds held or placed in a blocked account pursuant to this
paragraph (b) may not be invested in instruments the maturity of which
exceeds 180 days. If interest is credited to a separate blocked account
or sub-account, the name of the account party on each account must be
the same.
(c) Blocked funds held in instruments the maturity of which exceeds
180 days at the time the funds become subject to Sec. 590.207(a) may
continue to be held until maturity in the original instrument, provided
any interest, earnings, or other proceeds derived therefrom are paid
into a blocked interest-bearing account in accordance with paragraph
(b) or (d) of this section.
(d) Blocked funds held in accounts or instruments outside the
United States at the time the funds become subject to Sec. 590.207(a)
may continue to be held in the same type of accounts or instruments,
provided the funds earn interest at rates that are commercially
reasonable.
(e) This section does not create an affirmative obligation for the
holder of blocked tangible property, such as chattels or real estate,
or of other blocked property, such as debt or equity securities, to
sell or liquidate such property at the time the property becomes
subject to Sec. 590.207(a). However, the Office of Foreign Assets
Control may issue licenses permitting or directing such sales in
appropriate cases.
(f) Funds subject to this section may not be held, invested, or
reinvested in a manner that provides immediate financial or economic
benefit or access to persons whose property is blocked pursuant to
Sec. 590.207(a), nor may their holder cooperate in or facilitate the
pledging or other attempted use as collateral of blocked funds or other
assets.
Sec. 590.211 Evasions; attempts; conspiracies.
Any transaction by any United States person or within the United
States on or after the effective date that evades or avoids, has the
purpose of evading or avoiding, or attempts to violate any of the
prohibitions set forth in this part is prohibited. Any conspiracy
formed for the purpose of engaging in a transaction prohibited by this
part is prohibited.
Subpart C--General Definitions
Sec. 590.301 Aircraft or aircraft components.
The term aircraft or aircraft components means all aircraft,
spacecraft, and parts thereof described in chapter 88 of the Harmonized
Tariff Schedule of the United States and any other items that the
supplier knows or has reason to know are intended to be used as a part
or spare part of an aircraft or spacecraft.
Sec. 590.302 Arms and related materiel.
The term arms and related materiel means all items listed in
appendix A to this part; all items described in chapter 93 of the
Harmonized Tariff Schedule of the United States; any other items
designed as or for use with a weapon; all items controlled under the
International Traffic in Arms Regulations, 22 CFR parts 120 through
130; and any other items controlled for export as arms or related
materiel by any office or agency of the United States.
Sec. 590.303 Blocked account; blocked property.
The terms blocked account and blocked property mean any account or
property subject to the prohibition in Sec. 590.207, held in the name
of a person whose property is blocked pursuant to Sec. 590.207(a) or in
which such person has an interest, and with respect to which payments,
transfers, exportations, withdrawals, or other dealings may not be made
or effected except pursuant to a license from the Office of Foreign
Assets Control authorizing such action.
Sec. 590.304 Controlled through the Certificate of Origin regime of
the Angolan Government of Unity and National Reconciliation.
The term controlled through the Certificate of Origin regime of the
Angolan Government of Unity and National Reconciliation means
accompanied by any documentation that demonstrates to the satisfaction
of the United States Customs Service (or analogous officials of a
United States territory or possession with its own customs
administration) that the diamonds were legally exported from Angola
with the approval of the Angolan Government of Unity and National
Reconciliation.
Sec. 590.305 Diamonds.
The term diamonds means all diamonds described in heading 7102 of
the Harmonized Tariff Schedule of the United States; all diamond dust
described in subheading 7105.10 of the Harmonized Tariff Schedule of
the United States; all diamond jewelry described in subheadings
7116.20.05-.15 of the Harmonized Tariff Schedule of the United States;
and any items described elsewhere in the Harmonized Tariff Schedule of
the United States containing diamonds or diamond dust.
Sec. 590.306 Effective date.
The term effective date refers to each of the effective dates of
the applicable prohibitions and directives of this part as follows:
(a) With respect to Sec. 590.201 and any prohibitions under
Sec. 590.211 related to Sec. 590.201, 4:35 p.m. EDT on September 26,
1993.
(b) With respect to Secs. 590.202 and 590.203 and any prohibitions
under Sec. 590.211 related to Secs. 590.202 or 590.203, 12:01 a.m. EST
on December 15, 1997.
(c) With respect to Secs. 590.204, 590.205, 590.206, 590.207,
590.208, 590.209, and 590.210 and any prohibitions under Sec. 590.211
related to Secs. 590.204, 590.205, 590.206, 590.207, 590.208, 590.209,
or 590.210, 12:01 a.m. EDT on August, 19, 1998, or in the case of
senior officials of UNITA or adult members of their immediate families
who are designated after that date, the earlier of the date on which a
person receives actual or constructive notice of such designation.
Sec. 590.307 Entity.
The term entity means a partnership, association, trust, joint
venture, corporation, or other organization.
Sec. 590.308 Equipment used in mining.
The term equipment used in mining means all items described in any
of the Harmonized Tariff Schedule subheadings listed in appendix E to
this part and any other equipment that the supplier knows or has reason
to know is intended for use in the activities of prospecting or mining.
Sec. 590.309 General license.
The term general license means any license the terms of which are
set forth in this part.
Sec. 590.310 Interest.
Except as otherwise provided in this part, the term interest when
used with respect to property (e.g., an interest in property) means an
interest of any nature whatsoever, direct or indirect.
[[Page 43930]]
Sec. 590.311 License.
Except as otherwise specified, the term license means any license
or authorization contained in or issued pursuant to this part.
Sec. 590.312 Mining services or ground or waterborne transportation
services.
The term mining services or ground or waterborne transportation
services means any services that are part of prospecting, mining, or
carrying persons or cargo by land or water.
Sec. 590.313 Motorized vehicles, watercraft, or spare parts for
motorized vehicles or watercraft.
The term motorized vehicles, watercraft, or spare parts for
motorized vehicles or watercraft means all items described in any of
the Harmonized Tariff Schedule subheadings listed in Appendix F to this
part and any other items that the supplier knows or has reason to know
are intended for use as motorized vehicles, watercraft, or spare parts
for motorized vehicles or watercraft.
Sec. 590.314 National Union for the Total Independence of Angola;
UNITA.
The term National Union for the Total Independence of Angola, or
UNITA, includes:
(a) Any entity, political subdivision, agency, or instrumentality
of UNITA, including without limitation:
(1) The Uniao Nacional para a Independencia Total de Angola
(UNITA), known in English as the ``National Union for the Total
Independence of Angola'';
(2) The Forcas Armadas para a Liberacao de Angola (FALA), known in
English as the ``Armed Forces for the Liberation of Angola'';
(3) The Free Angola Information Service, Inc.; and
(4) The Center for Democracy in Angola (CEDA);
(b) Any person or entity substantially owned or controlled by any
of the foregoing;
(c) Any person to the extent that such person is or has been, or to
the extent that there is reasonable cause to believe that such person
is or has been, since the effective date, acting or purporting to act
directly or indirectly for or on behalf of any of the foregoing; and
(d) Any other person determined by the Director of the Office of
Foreign Assets Control to be included within paragraphs (a) through (c)
of this section.
Sec. 590.315 Person.
The term person means an individual or entity.
Sec. 590.316 Petroleum and petroleum products.
The term petroleum and petroleum products means all items described
in chapter 27 of the Harmonized Tariff Schedule of the United States
and any synthetic or part-synthetic replacement therefore.
Sec. 590.317 Property; property interest.
The terms property and property interest include but are not
limited to money, checks, drafts, bullion, bank deposits, savings
accounts, debts, indebtedness, obligations, notes, guarantees,
debentures, stocks, bonds, coupons, any other financial instruments,
bankers acceptances, mortgages, pledges, liens or other rights in the
nature of security, warehouse receipts, bills of lading, trust
receipts, bills of sale, any other evidences of title, ownership, or
indebtedness, letters of credit and any documents relating to any
rights or obligations thereunder, powers of attorney, goods, wares,
merchandise, chattels, stocks on hand, ships, goods on ships, real
estate mortgages, deeds of trust, vendors' sales agreements, land
contracts, leaseholds, ground rents, real estate and any other interest
therein, options, negotiable instruments, trade acceptances, royalties,
book accounts, accounts payable, judgments, patents, trademarks or
copyrights, insurance policies, safe deposit boxes and their contents,
annuities, pooling agreements, services of any nature whatsoever,
contracts of any nature whatsoever, and any other property, real,
personal, or mixed, tangible or intangible, or interest or interests
therein, whether present, future, or contingent.
Sec. 590.318 Specific license.
The term specific license means any license not set forth in this
part but issued pursuant to this part.
Sec. 590.319 Transfer.
The term transfer means any actual or purported act or transaction,
whether or not evidenced by writing, and whether or not done or
performed within the United States, the purpose, intent, or effect of
which is to create, surrender, release, convey, transfer, or alter,
directly or indirectly, any right, remedy, power, privilege, or
interest with respect to any property. Without limitation upon the
foregoing, the term transfer includes the making, execution, or
delivery of any assignment, power, conveyance, check, declaration,
deed, deed of trust, power of attorney, power of appointment, bill of
sale, mortgage, receipt, agreement, contract, certificate, gift, sale,
affidavit, or statement; the making of any payment; the setting off of
any obligation or credit; the appointment of any agent, trustee, or
fiduciary; the creation or transfer of any lien; the issuance,
docketing, filing, or levy of or under any judgment, decree,
attachment, injunction, execution, or other judicial or administrative
process or order; the service of any garnishment; the acquisition of
any interest of any nature whatsoever by reason of a judgment or decree
of any foreign country; the fulfillment of any condition; the exercise
of any power of appointment, power of attorney, or other power; or the
acquisition, disposition, transportation, importation, exportation, or
withdrawal of any security.
Sec. 590.320 United States.
The term United States means the United States, its territories and
possessions, and all areas under the jurisdiction or authority thereof.
Sec. 590.321 United States person; U.S. person.
The term United States person or U.S. person means any United
States citizen, permanent resident alien, entity organized under the
laws of the United States (including foreign branches), or any person
in the United States.
Sec. 590.322 U.S. financial institution.
The term U.S. financial institution means any U.S. entity
(including foreign branches) that is engaged in the business of
accepting deposits, making, granting, transferring, holding, or
brokering loans or credits, or purchasing or selling foreign exchange,
securities, commodity futures or options, as principal or agent. This
terms includes but is not limited to depository institutions, banks,
savings banks, trust companies, securities brokers and dealers,
commodity futures and options brokers and dealers, forward contract and
foreign exchange merchants, securities and commodities exchanges,
clearing corporations, investment companies, employee benefit plans,
and U.S. holding companies, U.S. affiliates, or U.S. subsidiaries of
any of the foregoing. This term includes those branches, offices, and
agencies of foreign financial institutions which are located in the
United States, but not such institutions' headquarters, branches,
offices, or agencies.
Subpart D--Interpretations
Sec. 590.401 Reference to amended sections.
Except as otherwise specified, reference to any provision in or
appendix to this part or chapter or to any regulation, ruling, order,
[[Page 43931]]
instruction, direction, or license issued pursuant to this part refers
to the same as currently amended.
Sec. 590.402 Effect of amendment.
Unless otherwise specifically provided, any amendment,
modification, or revocation of any provision in or appendix to this
part or chapter 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 affect any act done or omitted, 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. 590.403 Termination and acquisition of an interest in blocked
property.
(a) Whenever a transaction licensed pursuant to this part results
in the transfer of property (including any property interest) away from
a person whose property is blocked pursuant to Sec. 590.207(a), the
transferred property will no longer be considered property in which
that person has or has had an interest. Provided no other person whose
property is blocked pursuant to Sec. 590.207(a) has any interest in the
transferred property following the transfer, the transferred property
will no longer be considered property blocked pursuant to
Sec. 590.207(a).
(b) Unless otherwise specifically provided in a license issued
pursuant to this part, if property (including any property interest) is
transferred or attempted to be transferred to a person whose property
is blocked pursuant to Sec. 590.207(a), such property shall be deemed
to be property in which that person has an interest, and such property
is therefore blocked pursuant to Sec. 590.207(a).
Sec. 590.404 Setoffs prohibited.
A setoff against blocked property (including a blocked account),
whether by a U.S. bank or other U.S. person, is a prohibited transfer
under Sec. 590.207(a) if effected after the effective date.
Sec. 590.405 Transactions incidental to a licensed transaction.
Any transaction ordinarily incident to a licensed transaction and
necessary to give effect to the licensed transaction is also authorized
by the license. Except as specifically authorized by the terms of a
license, prohibited transactions by persons whose property is blocked
pursuant to Sec. 590.207(a) and debits to accounts blocked pursuant to
Sec. 590.207(a) are not considered incidental to a licensed transaction
and therefore remain prohibited.
Sec. 590.406 Offshore transactions.
(a) The prohibitions contained in Sec. 590.207 apply to
transactions by any U.S. person in a location outside the United States
with respect to property in which the U.S. person knows, or has reason
to know, that a person whose property is blocked pursuant to
Sec. 590.207(a) has or has had an interest since the effective date of
Sec. 590.207.
(b) Transactions by a U.S. person prohibited by Sec. 590.207
include but are not limited to:
(1) Importation into or exportation from locations outside the
United States of goods, technology, or services in which the U.S.
person knows, or has reason to know, that a person whose property is
blocked pursuant to Sec. 590.207(a) has or has had an interest since
the effective date of Sec. 590.207.
(2) Purchasing, selling, financing, swapping, insuring,
transporting, lifting, storing, incorporating, transforming, brokering,
or otherwise dealing in, within locations outside the United States,
goods, technology, or services in which the U.S. person knows, or has
reason to know, that a person whose property is blocked pursuant to
Sec. 590.207(a) has or has had an interest since the effective date of
Sec. 590.207.
(c) Examples. (1) A U.S. person may not, within the United States
or abroad, purchase, sell, finance, insure, transport, act as a broker
for the sale or transport of, or otherwise deal in the personal
possessions of any person whose property is blocked pursuant to
Sec. 590.207(a).
(2) A U.S. person may not, within the United States or abroad,
enter into any contract for any goods or services with UNITA or with
any other person whose property is blocked pursuant to Sec. 590.207(a).
Sec. 590.407 Transshipments through the United States prohibited.
(a) The prohibitions in Secs. 590.201, 590.203, 590.204, 590.205,
and 590.206 apply to the importation into the United States, for
transshipment or transit, of goods or services intended or destined to
be sold, supplied, or provided in violation of Secs. 590.201, 590.203,
590.204, 590.205, or 590.206.
(b) The prohibition in Sec. 590.208 applies to the importation into
the United States, for transshipment or transit, of diamonds intended
or destined for third countries if the diamonds were exported from
Angola on or after 12:01 a.m. EDT on August 19, 1998 and are not
controlled through the Certificate of Origin regime of the Angolan
Government of Unity and National Reconciliation. In the case of
diamonds transported by vessel, the prohibition in Sec. 590.208 applies
to the unlading in the United States and the intent to unlade in the
United States of diamonds intended or destined for third countries if
the diamonds were exported from Angola on or after 12:01 a.m. EDT on
August 19, 1998 and are not controlled through the Certificate of
Origin regime of the Angolan Government of Unity and National
Reconciliation.
(c) Goods imported into or transshipped through the United States
are blocked pursuant to Sec. 590.207(a) if those goods constitute
property in which a person whose property is blocked pursuant to
Sec. 590.207(a) has or has had an interest since the effective date of
Sec. 590.207.
Sec. 590.408 Exports to third countries; transshipments.
(a) The prohibitions in Secs. 590.201 and 590.203 include the
exportation of arms and related materiel, petroleum and petroleum
products, and aircraft or aircraft components to third countries if the
exporter knows or has reason to know that the goods are intended for
reexportation or transshipment to the territory of Angola, other than
through a point of entry designated in appendix B to this part, or to
UNITA, including passage through or storage in intermediate
destinations.
(b) The prohibitions in Secs. 590.204 and 590.205 include the
exportation of equipment used in mining, motorized vehicles,
watercraft, or spare parts for motorized vehicles or watercraft to
third countries if the exporter knows or has reason to know that the
goods are intended for reexportation or transshipment to the territory
of Angola other than through a point of entry designated in appendix B
to this part, including passage through or storage in intermediate
destinations.
(c) The prohibitions in Sec. 590.206 include the exportation of
mining services or ground or waterborne transportation services to
third countries if the exporter knows or has reason to know that the
services are intended for persons in areas of Angola to which State
administration has not been extended, as designated in appendix D to
this part.
Sec. 590.409 Payments from blocked accounts to U.S. exporters and for
other obligations prohibited.
No debits may be made to a blocked account to pay obligations to
U.S.
[[Page 43932]]
persons or other persons, including payment for goods or services
exported prior to the effective date of the blocking, except as
authorized pursuant to this part.
Sec. 590.410 Provision of services.
(a) The prohibitions contained in Sec. 590.207 apply to services
performed by U.S. persons, wherever located:
(1) On behalf of or for the benefit of a person whose property is
blocked pursuant to Sec. 590.207(a); or
(2) With respect to property interests of a person whose property
is blocked pursuant to Sec. 590.207(a).
(b) Example. U.S. persons may not, without specific authorization
from the Office of Foreign Assets Control, represent an individual or
entity with respect to contract negotiations, contract performance,
commercial arbitration, or other business dealings with persons whose
property is blocked pursuant to Sec. 590.207(a). See Sec. 590.507 on
licensing policy with regard to the provision of certain legal
services.
Sec. 590.411 Importation of diamonds mined outside of Angola.
The importation prohibition in Sec. 590.208 applies to diamonds
exported from Angola whether or not those diamonds were mined in
Angola.
Sec. 590.412 Importation into and release from a bonded warehouse or
foreign trade zone.
The prohibition in Sec. 590.208 applies to importation into and
release from a bonded warehouse or a foreign trade zone of the United
States. However, Sec. 590.208 does not prohibit the release from a
bonded warehouse or a foreign trade zone of diamonds exported from
Angola and imported into that bonded warehouse or foreign trade zone
prior to the effective date of Sec. 590.208.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
Sec. 590.501 General and specific licensing procedures.
For provisions relating to licensing procedures, see part 501,
subpart D of this chapter. Licensing actions taken pursuant to part 501
of this chapter with respect to the prohibitions contained in this part
are considered actions taken pursuant to this part.
Sec. 590.502 Effect of license.
(a) No license contained in this part, or otherwise issued by or
under the direction of the Director of the Office of Foreign Assets
Control pursuant to this part, authorizes or validates any transaction
effected prior to the issuance of the license, unless the prior
transaction is specifically authorized in such license.
(b) No regulation, ruling, instruction, or license authorizes any
transaction prohibited by this part unless the regulation, ruling,
instruction, or license is issued by the Office of Foreign Assets
Control and specifically refers to this part. No regulation, ruling,
instruction, or license referring to this part authorizes any
transaction 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 by this part has the effect of
removing from the transaction a prohibition or prohibitions contained
in this part, 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 that would not otherwise exist under
ordinary principles of law in or with respect to any property.
Sec. 590.503 Exclusion from licenses.
The Director of the Office of Foreign Assets Control reserves the
right to exclude any person, property, or transaction from the
operation of any license or from the privileges conferred by any
license. The Director of the Office of Foreign Assets Control also
reserves the right to restrict the applicability of any license to
particular persons, property, transactions, or classes thereof. Such
actions are binding upon all persons receiving actual or constructive
notice of the exclusions or restrictions.
Sec. 590.504 Exemptions for medical and humanitarian purposes.
Specific licenses may be issued in appropriate cases for
transactions otherwise prohibited by Secs. 590.203, 590.204, 590.205,
590.206, 590.207, or 590.208, including aircraft-related transactions
and ground and waterborne transportation transactions, for medical and
humanitarian purposes.
Sec. 590.505 Payments and transfers to blocked accounts in U.S.
financial institutions.
Any payment of funds or transfer of credit in which a person whose
property is blocked pursuant to Sec. 590.207(a) has any interest and
that comes within the possession or control of a U.S. financial
institution must be blocked in an account on the books of that
financial institution. A transfer of funds or credit by a U.S.
financial institution between blocked accounts in its branches or
offices is authorized, provided that no transfer is made from an
account within the United States to an account held outside the United
States, and further provided that a transfer from a blocked account may
only be made to another blocked account held in the same name.
Note to Sec. 590.505: Please refer to part 501, subpart C of
this chapter for mandatory reporting requirements regarding
financial transfers. See also Sec. 590.210 concerning the obligation
to hold blocked funds in interest-bearing accounts.
Sec. 590.506 Entries in certain accounts for normal service charges
authorized.
(a) U.S. financial institutions are hereby authorized to debit any
blocked account with such U.S. financial institution in payment or
reimbursement for normal service charges owed to such U.S. financial
institution by the owner of such blocked account.
(b) As used in this section, the term normal service charges
includes but is not limited to charges in payment or reimbursement for
interest due; cable, telegraph, or telephone charges; postage costs;
custody fees; small adjustment charges to correct bookkeeping errors;
minimum balance charges; notary and protest fees; and charges for
reference books, photocopies, credit reports, transcripts of
statements, registered mail, insurance, stationery and supplies, and
other similar items.
Sec. 590.507 Provision of certain legal services authorized.
(a) The provision to or on behalf of a person whose property is
blocked pursuant to Sec. 590.207(a) of the legal services set forth in
paragraph (b) of this section is authorized, provided that all receipt
of payment for such services must be specifically licensed.
(b) Specific licenses may be issued on a case-by-case basis
authorizing receipt from unblocked sources of payment of professional
fees and reimbursement of incurred expenses for the following legal
services by U.S. persons to a person whose property is blocked pursuant
to Sec. 590.207(a):
(1) Provision of legal advice and counseling on the requirements of
and compliance with the laws of any jurisdiction within the United
States, provided that such advice and counseling is not provided to
facilitate transactions that would violate any prohibition contained in
this chapter;
(2) Representation of a person whose property is blocked pursuant
to Sec. 590.207(a) when named as a defendant in or otherwise made a
party to domestic U.S. legal, arbitration, or administrative
proceedings;
(3) Initiation and conduct of domestic U.S. legal, arbitration, or
administrative
[[Page 43933]]
proceedings in defense of property interests subject to U.S.
jurisdiction of a person whose property is blocked pursuant to
Sec. 590.207(a);
(4) Representation of a person whose property is blocked pursuant
to Sec. 590.207(a) before any federal or state agency with respect to
the imposition, administration, or enforcement of U.S. sanctions
against such person; and
(5) Provision of legal services in any other context in which
prevailing U.S. law requires access to legal counsel at public expense.
(c) The provision of any other legal services to a person whose
property is blocked pursuant to Sec. 590.207(a), not otherwise
authorized in this part, requires the issuance of a specific license.
(d) Entry into a settlement agreement affecting property or
interests in property of a person whose property is blocked pursuant to
Sec. 590.207(a) or the enforcement of any lien, judgment, arbitral
award, decree, or other order through execution, garnishment, or other
judicial process purporting to transfer or otherwise alter or affect
property or interests in property of a person whose property is blocked
pursuant to Sec. 590.207(a) is prohibited unless specifically licensed
in accordance with Sec. 590.209(e).
Sec. 590.508 Investment and reinvestment of certain funds.
U.S. financial institutions are authorized to invest and reinvest
assets blocked pursuant to Sec. 590.207(a), subject to the following
conditions:
(a) The assets representing such investments and reinvestments are
credited to a blocked account or subaccount that is held in the same
name at the same U.S. financial institution, or within the possession
or control of a U.S. person, but in no case may funds be transferred
outside the United States for this purpose;
(b) The proceeds of such investments and reinvestments are not
credited to a blocked account or subaccount under any name or
designation that differs from the name or designation of the specific
blocked account or subaccount in which such funds or securities were
held; and
(c) No immediate financial or economic benefit accrues (e.g.,
through pledging or other use) to any person whose property is blocked
pursuant to Sec. 590.207(a).
Subpart F--Reports
Sec. 590.601 Records and reports.
For provisions relating to required records and reports, see part
501, subpart C of this chapter. Recordkeeping and reporting
requirements imposed by part 501 of this chapter with respect to the
prohibitions contained in this part are considered requirements arising
pursuant to this part.
Subpart G--Penalties
Sec. 590.701 Penalties.
(a) Attention is directed to section 206 of the International
Emergency Economic Powers Act (the ``Act'') (50 U.S.C. 1705), which is
applicable to violations of the provisions of any license, ruling,
regulation, order, direction, or instruction issued by or pursuant to
the direction or authorization of the Secretary of the Treasury
pursuant to this part or otherwise under the Act. Section 206 of the
Act, as adjusted by the Federal Civil Penalties Inflation Adjustment
Act of 1990 (Pub. L. 101-410, as amended, 28 U.S.C. 2461 note),
provides that:
(1) A civil penalty not to exceed $11,000 per violation may be
imposed on any person who violates or attempts to violate any license,
order, or regulation issued under the Act;
(2) Whoever willfully violates or willfully attempts to violate any
license, order, or regulation issued under the Act, upon conviction,
shall be fined not more than $50,000, and if a natural person, may also
be imprisoned for not more than 10 years; and any officer, director, or
agent of any corporation who knowingly participates in such violation
may be punished by a like fine, imprisonment, or both.
(b) The criminal penalties provided in the Act are subject to
increase pursuant to 18 U.S.C. 3571.
(c) Attention is directed to section 5 of the United Nations
Participation Act (22 U.S.C. 287c(b)), which provides that any person
who willfully violates or evades or attempts to violate or evade any
order, rule, or regulation issued by the President pursuant to the
authority granted in that section, upon conviction, shall be fined not
more than $10,000, or if a natural person, may also be imprisoned for
not more than 10 years; and any officer, director, or agent of any
corporation who knowingly participates in such a violation or evasion
shall be punished by a similar fine, imprisonment, or both; and any
property, funds, securities, papers, other articles or documents,
vessels together with their tackle, apparel, furniture, equipment,
vehicle, or aircraft concerned in such violation shall be forfeited to
the United States. The penalties provided in the United Nations
Participation Act are subject to increase pursuant to 18 U.S.C. 3571.
(d) Attention is also directed to 18 U.S.C. 1001, which provides
that whoever, in any matter within the jurisdiction of any department
or agency of the United States, knowingly and willfully falsifies,
conceals, or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious, or fraudulent statement or
representation, or makes or uses any false writing or document knowing
the same to contain any false, fictitious, or fraudulent statement or
entry shall be fined under title 18, United States Code, or imprisoned
not more than five years, or both.
(e) Violations of this part may also be subject to relevant
provisions of other applicable laws.
Sec. 590.702 Prepenalty notice.
(a) When required. If the Director of the Office of Foreign Assets
Control has reasonable cause to believe that there has occurred a
violation of any provision of this part or a violation of the
provisions of any license, ruling, regulation, order, direction, or
instruction issued by or pursuant to the direction or authorization of
the Secretary of the Treasury pursuant to this part or otherwise under
the International Emergency Economic Powers Act, and the Director
determines that further proceedings are warranted, the Director shall
issue to the person concerned a notice of intent to impose a monetary
penalty. This prepenalty notice shall be issued whether or not another
agency has taken any action with respect to this matter.
(b) Contents--(1) Facts of violation. The prepenalty notice shall
describe the violation, specify the laws and regulations allegedly
violated, and state the amount of the proposed monetary penalty.
(2) Right to respond. The prepenalty notice also shall inform the
respondent of respondent's right to make a written presentation within
30 days of the date of mailing of the notice as to why a monetary
penalty should not be imposed or why, if imposed, the monetary penalty
should be in a lesser amount than proposed.
Sec. 537.703 Response to prepenalty notice; informal settlement.
(a) Deadline for response. The respondent shall have 30 days from
the date of mailing of the prepenalty notice to make a written response
to the Director of the Office of Foreign Assets Control.
(b) Form and contents of response. The written response need not be
in any particular form, but must contain information sufficient to
indicate that it is in response to the prepenalty notice. It should
contain responses to the
[[Page 43934]]
allegations in the prepenalty notice and set forth the reasons why the
respondent believes the penalty should not be imposed or why, if
imposed, it should be in a lesser amount than proposed.
(c) Informal settlement. In addition or as an alternative to a
written response to a prepenalty notice issued pursuant to this
section, the respondent or respondent's representative may contact the
Office of Foreign Assets Control as advised in the prepenalty notice to
propose the settlement of allegations contained in the prepenalty
notice and related matters. In the event of settlement at the
prepenalty stage, the claim proposed in the prepenalty notice will be
withdrawn, the respondent will not be required to take a written
position on allegations contained in the prepenalty notice, and the
Office of Foreign Assets Control will make no final determination as to
whether a violation occurred. The amount accepted in settlement of
allegations in a prepenalty notice may vary from the civil penalty that
might finally be imposed in the event of a formal determination of
violation. In the event no settlement is reached, the 30-day period
specified in paragraph (a) of this section for written response to the
prepenalty notice remains in effect unless additional time is granted
by the Office of Foreign Assets Control.
Sec. 537.704 Penalty imposition or withdrawal.
(a) No violation. If, after considering any response to a
prepenalty notice and any relevant facts, the Director of the Office of
Foreign Assets Control determines that there was no violation by the
respondent named in the prepenalty notice, the Director promptly shall
notify the respondent in writing of that determination and that no
monetary penalty will be imposed.
(b) Violation. If, after considering any response to a prepenalty
notice and any relevant facts, the Director of the Office of Foreign
Assets Control determines that there was a violation by the respondent
named in the prepenalty notice, the Director promptly shall issue a
written notice of the imposition of the monetary penalty to the
respondent.
(1) The penalty notice shall inform the respondent that payment of
the assessed penalty must be made within 30 days of the date of mailing
of the penalty notice.
(2) The penalty notice shall inform the respondent of the
requirement to furnish the respondent's taxpayer identification number
pursuant to 31 U.S.C. 7701 and that such number will be used for
purposes of collecting and reporting on any delinquent penalty amount.
Sec. 537.705 Administrative collection; referral to United States
Department of Justice.
In the event that the respondent does not pay a penalty imposed
pursuant to this part or make payment arrangements acceptable to the
Director of the Office of Foreign Assets Control within 30 days of the
date of mailing of a penalty notice, the matter may be referred for
administrative collection measures by the Department of the Treasury or
to the United States Department of Justice for appropriate action to
recover the penalty in a civil suit in a Federal district court.
Subpart H--Procedures
Sec. 590.801 Procedures.
For license application procedures and procedures relating to
amendments, modifications, or revocations of licenses; administrative
decisions; rulemaking; and requests for documents pursuant to the
Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a), see
part 501, subpart D of this chapter.
Sec. 590.802 Delegation by the Secretary of the Treasury.
Any action that the Secretary of the Treasury is authorized to take
pursuant to Executive Orders 12865 (3 CFR, 1993 Comp., p. 636), 13069
(3 CFR, 1997 Comp., p. 232), and 13098 (63 FR 44771, Aug. 20, 1998),
and any further Executive orders relating to the national emergency
declared with respect to UNITA in Executive Order 12865 may be taken by
the Director of the Office of Foreign Assets Control or by any other
person to whom the Secretary of the Treasury has delegated authority so
to act.
Subpart I--Paperwork Reduction Act
Sec. 590.901 Paperwork Reduction Act notice.
For approval by the Office of Management and Budget (``OMB'') under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3507) of information
collections relating to recordkeeping and reporting requirements,
licensing procedures (including those pursuant to statements of
licensing policy), and other procedures, see Sec. 501.901 of this
chapter. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a valid control number assigned by OMB.
Appendix A to Part 590--Arms and Related Materiel
Note to Appendix A: Commerce Control List Export Control
Commodity Numbers are provided in parenthesis at the end of each
item as a convenience.
(a) Spindle assemblies, consisting of spindles and bearings as a
minimal assembly, except those assemblies with axial and radial axis
motion measured along the spindle axis in one revolution of the
spindle equal to or greater (coarser) than the following:
(1) 0.0008 mm TIR (peak-to-peak) for lathes and turning machines; or
(2) D x 2 x 10(-5) mm TIR (peak-to-peak) where D is the spindle
diameter in millimeters for milling machines, boring mills, jig
grinders, and machining centers (ECCNs 2B001 and 2B290);
(b) Equipment for the production of military explosives and solid
propellants, as follows:
(1) Complete installations; and
(2) Specialized components (for example, dehydration presses;
extrusion presses for the extrusion of small arms, cannon and rocket
propellants; cutting machines for the sizing of extruded
propellants; sweetie barrels (tumblers) 6 feet and over in diameter
and having over 500 pounds product capacity; and continuous mixers
for solid propellants) (ECCN 1B018);
(c) Specialized machinery, equipment, gear, and specially designed
parts and accessories therefor, specially designed for the
examination, manufacture, testing, and checking of the arms,
appliances, machines, and implements of war (ECCN 2B018), ammunition
hand-loading equipment for both cartridges and shotgun shells, and
equipment specially designed for manufacturing shotgun shells (ECCN
0B986);
(d) Construction equipment built to military specifications,
specially signed for airborne transport (ECCN 0A018);
(e) Vehicles specially designed for military purposes, as follows:
(1) Specially designed military vehicles, excluding vehicles listed
in the United States Munitions List, 22 CFR Part 121 (ECCN 9A018);
(2) Pneumatic tire casings (excluding tractor and farm implement
types), of a kind specially constructed to be bulletproof or to run
when deflated (ECCN 9A018);
(3) Engines for the propulsion of the vehicles enumerated above,
specially designed or essentially modified for military use (ECCN
9A018); and
(4) Specially designed components and parts to the foregoing (ECCN
9A018);
(f) Pressure refuellers, pressure refueling equipment, and equipment
specially designed to facilitate operations in confined areas and
ground equipment, not elsewhere specified, developed specially for
aircraft and helicopters, and specially designed parts and
accessories, n.e.s. (ECCN 9A018);
[[Page 43935]]
(g) Specifically designed components and parts for ammunition,
except cartridge cases, powder bags, bullets, jackets, cores,
shells, projectiles, boosters, fuses and components, primers, and
other detonating devices and ammunition belting and linking machines
(ECCN 0A018);
(h) Nonmilitary shotguns, barrel length 18 inches or over; and
nonmilitary arms, discharge type (for example, stun-guns, shock
batons, etc.), except arms designed solely for signal, flare, or
saluting use; and parts, n.e.s. (ECCNs 0A984 and 0A985);
(i) Shotgun shells, and parts (ECCN 0A986);
(j) Military parachutes (ECCN 9A018);
(k) Submarine and torpedo nets (ECCN 8A518);
(l) Bayonets and muzzle-loading (black powder) firearms (ECCN
0A018).
Appendix B to Part 590--Designated Points of Entry in the Territory
of Angola
(a) Airports:
(1) Luanda
(2) Katumbela, Benguela Province
(b) Ports:
(1) Luanda
(2) Lobito, Benguela Province
(3) Namibe, Namibe Province
(c) Entry Points:
(1) Malongo, Cabinda Province
(2) [Reserved].
Appendix C to Part 590--Designated Aircraft of Angolan Registry
[Reserved]
Appendix D to Part 590--Designated Areas of Angola to Which State
Administration Has Not Been Extended
(a) Bie Province:
(1) Municipalities:
(A) Andulo
(B) Cuemba
(C) Nharea
(2) Communities:
(A) Cassumbe
(B) Chivualo
(C) Umpulo
(D) Ringoma
(E) Luando
(F) Sachinemuna
(G) Gamba
(H) Dando
(I) Calussinga
(J) Munhango
(K) Lubia
(L) Caleie
(M) Balo Horizonte
(b) Cunene Province:
(1) Municipalities:
[Reserved]
(2) Communities:
(A) Cubati-Cachueca
(B) [Reserved]
(c) Huambo Province:
(1) Municipalities:
(A) Bailundo
(B) Mungo
(2) Communities:
(A) Bimbe
(B) Hungue-Calulo
(C) Lungue
(D) Luvemba
(E) Cambuengo
(F) Mundundo
(G) Cacoma
(d) K. Kubango Province:
(1) Municipalities:
[Reserved]
(2) Communities:
(A) Longa
(B) Lulana
(C) Luengue
(e) Malange Province:
(1) Municipalities:
(A) Luquembo
(B) Quirima
(C) Cambudi Catembo
(D) Massango
(2) Communities:
(A) Dumba-Kabango
(B) Quitapa
(C) Tala-Mungongo
(D) Bembo
(E) Caribo
(F) Culamagia
(G) Bange-Angola
(H) Milando
(I) Capunga
(J) Cunga-Palanga
(K) Dombo
(L) Quibango
(M) Rimba
(N) Bangala
(O) Moma
(P) Sautar
(Q) Cuale
(R) Caxinga
(S) Cateco-Cangola
(T) Qulhuhu
(U) Quinguengue
(f) Moxico Province:
(1) Municipalities:
(A) Cangamba
(B) Luau
(C) Luacano
(D) Cazombo
(2) Communities:
(A) Lovua
(B) Mussuma
(C) Sessa
(D) Cachipoque
(E) Cangombe
(F) Cassamba
(G) Muie
(H) Caianda
(I) Ninda
(J) Chiume
(K) Lutembo
(L) Giambe
(M) Tempue
(N) Luvuei
(O) Candundo
(P) Macondo
(Q) Sandando
(R) Muangai
(S) Lago-Dilolo
(g) Uige Province:
(1) Municipalities:
(A) Bembe
(B) [Reserved]
(2) Communities:
(A) Massau
(B) Macola
(C) Cuile-Camboso
(D) Alto-Zaza
(E) Cuango
(F) Icoca
(G) Lucunga
(H) Mabaia
(I) Beu
(J) Cuilo Futa
(K) Sacandica
(h) Benguela Province:
(1) Municipalities:
[Reserved]
(2) Communities:
(A) Chicuma
(B) Casseque
(i) Lunda-Norte Province:
(1) Municipalities:
(A) Cuilo
(B) [Reserved]
(2) Communities:
(A) Lovua
(B) Bote ``Cassange-Calucala''
(C) Capala
(D) Caluango
(j) Kuanza-Norte Province:
(1) Municipalities:
(A) Banga
(B) [Reserved]
(2) Communities:
(A) Samba-Lucala
(B) Caculo-Cabaca
(C) Carlamba
(D) Aldeia-Nova
(k) Lunda-Sul Province:
(1) Municipalities:
(A) Mucondo
(B) [Reserved]
(2) Communities:
(A) Xassengue
(B) Alto-Chicapa
(C) Chiluage
(D) Cazage
(E) Luma-Cassai
(F) Muriege
(G) Cassai-Sul
(l) Bengo Province:
(1) Municipalities:
[Reserved]
(2) Communities:
(A) Quiaje
(B) [Reserved]
Appendix E to Part 590--Equipment Used in Mining (Harmonized Tariff
Schedule Subheadings)
8429.11.00, 8429.19.00, 8429.20.00, 8429.30.00, 8429.40.00,
8429.51.10, 8429.51.50, 8429.52.10, 8429.52.50, 8429.59.10,
8429.59.50
8430.10.00, 8430.31.00, 8430.39.00, 8430.41.00, 8430.49.80,
8430.61.00, 8430.62.00, 8430.69.00
8431.41.00, 8431.42.00, 8431.43.80, 8431.49.90
Appendix F to Part 590--Motorized Vehicles, Watercraft, or Spare
Parts for Motorized Vehicles or Watercraft (Harmonized Tariff
Schedule Subheadings)
8407.10.00, 8407.21.00, 8427.29.00, 8407.31.00, 8407.32.10,
8407.32.20, 8407.32.90, 8407.33.10, 8407.33.30, 8407.33.60,
8407.33.90, 8407.34.05,
[[Page 43936]]
8407.34.14, 8407.34.18, 8407.34.25, 8407.34.35, 8407.34.44,
8407.34.48, 8407.34.55, 8407.90.10, 8407.90.90
8408.10.00, 8408.20.10, 8408.20.20, 8408.20.90, 8408.90.10,
8408.90.90
8409.10.00, 8409.91.10, 8409.90.30, 8409.91.50, 8409.91.92,
8409.91.99, 8409.99.10, 8409.99.91, 8409.99.92, 8409.99.99
8483.10.10, 8483.10.30, 8483.10.50
8601.10.00, 84601.20.00
8602.10.00, 8602.90.00
8603.10.00, 8603.90.00
8604.00.00
8605.00.00
8606.10.00, 8606.20.00, 8606.30.00, 8606.91.00, 8606.92.00,
8606.99.00
8607.11.00, 8607.12.00, 8607.19.03, 8607.19.06, 8607.19.12,
8607.19.15, 8607.19.30, 8607.19.90, 8607.21.10, 8607.21.50,
8607.29.10, 8607.29.50, 8607.30.10, 8607.30.50, 8607.91.00,
8607.99.10, 8607.99.50
8701.10.00, 8701.20.00, 8701.30.10, 8701.30.50, 8701.90.10,
8701.90.50
8702.10.30, 8702.10.60, 8702.90.30, 8702.90.60
8703.10.50, 8703.21.00, 8703.22.00, 8703.23.00, 8703.24.00,
8703.31.00, 8703.32.00, 8703.33.00, 8703.90.00
8704.10.10, 8704.10.50, 8704.21.00, 8704.22.10, 8704.22.50,
8704.23.00, 8704.31.00, 8704.32.00, 8704.90.00
8705.10.00, 8705.20.00, 8705.30.00, 8705.40.00, 8705.90.00
8706.00.03, 8706.00.05, 8706.00.15, 8706.00.25, 8706.00.30,
8706.00.50
8707.10.00, 8707.90.10, 8707.90.50
8708.10.30, 8708.10.60, 8708.21.00, 8708.29.10, 8708.29.15,
8708.29.20, 8708.29.50, 8708.31.10, 8708.31.50, 8708.39.10,
8708.39.50, 8708.40.10, 8708.40.20, 8708.40.30, 8708.40.50,
8708.50.10, 8708.50.30, 8708.50.50, 8708.50.80, 8708.60.10,
8708.60.30, 8708.60.50, 8708.60.80, 8708.70.05, 8708.70.15,
8708.70.25, 8708.70.35, 8708.70.45, 8708.70.60, 8708.80.15,
8708.80.25, 8708.80.30, 8708.80.45, 8708.91.10, 8708.91.50,
8708.92.10, 8708.92.50, 8708.93.15, 8708.93.30, 8708.93.60,
8708.93.75, 8708.94.10, 8708.94.50, 8708.99.03, 8708.99.06,
8708.99.09, 8708.99.12, 8708.99.15, 8708.99.18, 8708.99.21,
8708.99.24, 8708.99.27, 8708.99.31, 8708.99.34, 8708.99.37,
8708.99.40, 8708.99.43, 8708.99.46, 8708.99.49, 8708.99.52,
8708.99.55, 8708.99.58, 8708.99.61, 8708.99.64, 8708.99.67,
8708.99.70, 8708.99.73, 8708.99.80
8709.11.00, 8709.19.00
8710.00.00
8711.10.00, 8711.20.00, 8711.30.00, 8711.40.30, 8711.40.60,
8711.50.00, 8711.90.00
8714.11.00, 8714.19.00
8716.10.00, 8716.20.00, 8716.31.00, 8716.39.00, 8716.40.00,
8716.80.10, 8716.80.50, 8716.90.10, 8716.90.30, 8716.90.50
8901.10.00, 8901.20.00, 8901.30.00, 8901.90.00
8902.00.00
8903.10.00, 8903.91.00, 8903.92.00, 8903.99.20, 8903.99.90
8904.00.00
8905.10.00, 8905.90.50
8906.00.10, 8906.00.90
Dated: July 20, 1999.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved: July 28, 1999.
Elisabeth A. Bresee,
Assistant Secretary (Enforcement), Department of the Treasury.
[FR Doc. 99-20831 Filed 8-9-99; 1:08 pm]
BILLING CODE 4810-25-F
