-
Start Preamble
AGENCY:
Office of Foreign Assets Control, Treasury.
ACTION:
Final rule.
SUMMARY:
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is issuing this final rule to adjust certain civil monetary penalties (CMPs) for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
DATES:
Effective: June 14, 2019.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing, 202-622-2480; Assistant Director for Regulatory Affairs, 202-622-4855; Assistant Director for Sanctions Compliance & Evaluation, 202-622-2490; or the Department of the Treasury's Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, 202-622-2410.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are available from OFAC's website (www.treasury.gov/ofac).
Background
Section 4 of the Federal Civil Penalties Inflation Adjustment Act (1990 Pub. L. 101-410, 104 Stat. 890; 28 U.S.C. 2461 note), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134, 110 Stat. 1321-373) and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74, 129 Stat. 599, 28 U.S.C. 2461 note) (collectively, the FCPIA Act), requires each federal agency with statutory authority to assess civil monetary penalties (CMPs) to adjust CMPs annually for inflation according to a formula described in section 5 of the FCPIA Act. One purpose of the FCPIA Act is to ensure that CMPs continue to maintain their deterrent effect through periodic cost-of-living based adjustments.
OFAC has adjusted its CMPs three times since the Federal Civil Penalties Inflation Adjustment Act Improvements Act went into effect on November 2, 2015: An initial catch-up adjustment on August 1, 2016 (81 FR 43070, July 1, 2016), and annual adjustments on February 10, 2017 (82 FR 10434, February 10, 2017), and March 19, 2018 (83 FR 11876, March 19, 2018).Start Printed Page 27715
Method of Calculation
The method of calculating CMP adjustments applied in this final rule is required by the FCPIA Act. Under the FCPIA Act and the Office of Management and Budget guidance required by the FCPIA Act, annual inflation adjustments subsequent to the initial catch-up adjustment are to be based on the percent change between the Consumer Price Index for all Urban Consumers (“CPI-U”) for the October preceding the date of the adjustment and the prior year's October CPI-U. As set forth in Office of Management and Budget Memorandum M-19-04 of December 14, 2018, the adjustment multiplier for 2019 is 1.02522. In order to complete the 2019 annual adjustment, each current CMP is multiplied by the 2019 adjustment multiplier. Under the FCPIA Act, any increase in CMP must be rounded to the nearest multiple of $1.
New Penalty Amounts
OFAC currently is authorized to impose CMPs pursuant to five statutes: The Trading With the Enemy Act (50 U.S.C. 4301-4341, at 4315) (TWEA); the International Emergency Economic Powers Act (50 U.S.C. 1701-1706, at 1705) (IEEPA); the Antiterrorism and Effective Death Penalty Act of 1996 (Pub. L. 104-132, 110 Stat. 1212-1319, at 1250; 18 U.S.C. 2339B) (AEDPA); the Foreign Narcotics Kingpin Designation Act (Pub. L. 106-120, 113 Stat. 1626-1636, at 1632; 21 U.S.C. 1901-1908, at 1906) (FNKDA); and the Clean Diamond Trade Act (Pub. L. 108-19, 117 Stat. 631-637, at 634; 19 U.S.C. 3901-3913, at 3907) (CDTA).
The table below summarizes the existing and new maximum CMP amounts.
Statute Existing maximum CMP amount Maximum CMP amount effective June 14, 2019 TWEA $86,976 $89,170 IEEPA 295,141 302,584 AEDPA 77,909 79,874 FNKDA 1,466,485 1,503,470 CDTA 13,333 13,669 In addition to updating these maximum CMP amounts, OFAC is also updating a reference to one-half the IEEPA maximum CMP from $147,571 to $151,292.
Public Participation
Because the amended regulations involve a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date, as well as the provisions of Executive Order 13771, are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply.
Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does not impose information collection requirements that would require the approval of the Office of Management and Budget under 44 U.S.C. 3501 et seq.
Start List of SubjectsList of Subjects in 31 CFR Parts 501, 510, 535, 536, 539, 541, 542, 544, 546, 547, 548, 549, 560, 561, 566, 576, 583, 584, 588, 592, 594, 595, 597, and 598
- Administrative practice and procedure
- Banks
- Banking
- Blocking of assets
- Exports
- Foreign trade
- Licensing
- Penalties
- Sanctions
For the reasons set forth in the preamble, the Department of the Treasury's Office of Foreign Assets Control amends 31 CFR chapter V as follows:
Start PartPART 501—REPORTING, PROCEDURES AND PENALTIES REGULATIONS
End Part Start Amendment Part1. The authority citation for part 501 continues to read as follows:
End Amendment PartSubpart D—Trading With the Enemy Act (TWEA) Penalties
[Amended]2. Amend § 501.701 as follows:
End Amendment Part Start Amendment Parta. Remove the note to paragraph (a)(1).
End Amendment Part Start Amendment Partb. In paragraph (a)(3), remove “$86,976” and add in its place “$89,170”.
End Amendment Part Start Amendment Part3. Amend appendix A to part 501 as follows:
End Amendment Part Start Amendment Parta. In paragraph V.B.2.a.i., remove “$147,571” and add in its place “$151,292”, and remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start Amendment Partb. In paragraph V.B.2.a.ii., remove “$295,141” in all three locations where it appears, and add in its place in all three locations “$302,584”.
End Amendment Part Start Amendment Partc. Redesignate the note to paragraph (a) of section V.B.2.a. as paragraph V.B.2.a.v.
End Amendment Part Start Amendment Partd. Revise newly redesignated paragraph V.B.2.a.v.
End Amendment Part Start Amendment Parte. Designate the undesignated paragraph after newly redesignated paragraph V.B.2.a.v., which starts with “The following Matrix represents the base amount of the proposed civil penalty” and contains a table titled “Base Penalty Matrix,” as V.B.2.a.vi.
End Amendment Partf. Revise newly redesignated paragraph V.B.2.a.vi.
The revisions read as follows:
Appendix A to Part 501—Economic Sanctions Enforcement Guidelines
* * * * *V. * * *
B. * * *
2. * * *
a. * * *
v. The applicable statutory maximum civil penalty per violation for each statute enforced by OFAC is as follows: International Emergency Economic Powers Act (IEEPA)—greater of $302,584 or twice the amount of the underlying transaction; Trading with the Enemy Act (TWEA)—$89,170; Foreign Narcotics Kingpin Designation Act (FNKDA)—$1,503,470; Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)—greater of $79,874 or twice the amount of which a financial institution was required to retain possession or control; and Clean Diamond Trade Act (CDTA)—$13,669. The civil penalty amounts authorized under these statutes are subject to adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as amended, 28 U.S.C. 2461 note).
vi. The following matrix represents the base amount of the proposed civil penalty for each category of violation:
Start Printed Page 27716* * * * *Start PartPART 510—NORTH KOREA SANCTIONS REGULATIONS
End Part Start Amendment Part4. The authority citation for part 510 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]5. Amend § 510.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate Note 1 to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 535—IRANIAN ASSETS CONTROL REGULATIONS
End Part Start Amendment Part6. The authority citation for part 535 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]7. Amend § 535.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 536—NARCOTICS TRAFFICKING SANCTIONS REGULATIONS
End Part Start Amendment Part8. The authority citation for part 536 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]9. Amend § 536.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 539—WEAPONS OF MASS DESTRUCTION TRADE CONTROL REGULATIONS
End Part Start Amendment Part10. The authority citation for part 539 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]11. Amend § 539.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2). Start Printed Page 27717
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 541—ZIMBABWE SANCTIONS REGULATIONS
End Part Start Amendment Part12. The authority citation for part 541 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]13. Amend § 541.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 542—SYRIAN SANCTIONS REGULATIONS
End Part Start Amendment Part14. The authority citation for part 542 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]15. Amend § 542.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 544—WEAPONS OF MASS DESTRUCTION PROLIFERATORS SANCTIONS REGULATIONS
End Part Start Amendment Part16. The authority citation for part 544 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]17. Amend § 544.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 546—DARFUR SANCTIONS REGULATIONS
End Part Start Amendment Part18. The authority citation for part 546 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]19. Amend § 546.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 547—DEMOCRATIC REPUBLIC OF THE CONGO SANCTIONS REGULATIONS
End Part Start Amendment Part20. The authority citation for part 547 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]21. Amend § 547.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate Note 1 to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 548—BELARUS SANCTIONS REGULATIONS
End Part Start Amendment Part22. The authority citation for part 548 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]23. Amend § 548.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 549—LEBANON SANCTIONS REGULATIONS
End Part Start Amendment Part24. The authority citation for part 549 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]25. Amend § 549.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 560—IRANIAN TRANSACTIONS AND SANCTIONS REGULATIONS
End Part Start Amendment Part26. The authority citation for part 560 continues to read as follows:
End Amendment Part Start Printed Page 27718Subpart G—Penalties
[Amended]27. Amend § 560.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 561—IRANIAN FINANCIAL SANCTIONS REGULATIONS
End Part Start Amendment Part28. The authority citation for part 561 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]29. Amend § 561.701 as follow:
End Amendment Part Start Amendment Parta. Redesignate the note to paragraph (a) as paragraph (a)(4).
End Amendment Part Start Amendment Partb. In newly redesignated paragraph (a)(4), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 566—HIZBALLAH FINANCIAL SANCTIONS REGULATIONS
End Part Start Amendment Part30. The authority citation for part 566 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]31. Amend § 566.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraphs (b) through (e) as paragraphs (c) through (f).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a) as paragraph (b).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (b), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 576—IRAQ STABILIZATION AND INSURGENCY SANCTIONS REGULATIONS
End Part Start Amendment Part32. The authority citation for part 576 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]33. Amend § 576.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 583—GLOBAL MAGNITSKY SANCTIONS REGULATIONS
End Part Start Amendment Part34. The authority citation for part 583 continues to read as follows:
End Amendment Part Start Amendment Part35. In § 583.701, add paragraph (c) to read as follows:
End Amendment PartPenalties and Findings of Violation.* * * * *(c) IEEPA provides for a maximum civil penalty not to exceed the greater of $302,584 or an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.
PART 584—MAGNITSKY ACT SANCTIONS REGULATIONS
End Part Start Amendment Part36. The authority citation for part 584 continues to read as follows:
End Amendment Part[Amended]37. Amend § 584.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 588—WESTERN BALKANS STABILIZATION REGULATIONS
End Part Start Amendment Part38. The authority citation for part 588 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]39. Amend § 588.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 592—ROUGH DIAMONDS CONTROL REGULATIONS
End Part Start Amendment Part40. The authority citation for part 592 continues to read as follows:
End Amendment PartSubpart F—Penalties
[Amended]41. Amend § 592.601 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraphs (a)(2) and (3) as paragraphs (a)(3) and (4).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2) remove “$13,333” and add in its place “$13,669”.
End Amendment Part Start PartPART 594—GLOBAL TERRORISM SANCTIONS REGULATIONS
End Part Start Amendment Part42. The authority citation for part 594 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]43. Amend § 594.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2). Start Printed Page 27719
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 595—TERRORISM SANCTIONS REGULATIONS
End Part Start Amendment Part44. The authority citation for part 595 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]45. Amend § 595.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate paragraph (a)(2) as paragraph (a)(3).
End Amendment Part Start Amendment Partb. Redesignate the note to paragraph (a)(1) as paragraph (a)(2).
End Amendment Part Start Amendment Partc. In newly redesignated paragraph (a)(2), remove “$295,141” and add in its place “$302,584”.
End Amendment Part Start PartPART 597—FOREIGN TERRORIST ORGANIZATIONS SANCTIONS REGULATIONS
End Part Start Amendment Part46. The authority citation for part 597 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]47. Amend § 597.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate the note to paragraph (b) as paragraph (b)(3).
End Amendment Part Start Amendment Partb. In newly redesignated paragraph (b)(3), remove “$77,909” and add in its place “$79,874”.
End Amendment Part Start PartPART 598—FOREIGN NARCOTICS KINGPIN SANCTIONS REGULATIONS
End Part Start Amendment Part48. The authority citation for part 598 continues to read as follows:
End Amendment PartSubpart G—Penalties
[Amended]49. Amend § 598.701 as follows:
End Amendment Part Start Amendment Parta. Redesignate the note to paragraph (a)(3) as paragraph (a)(4).
End Amendment Part Start Amendment Partb. In newly redesignated paragraph (a)(4), remove “$1,466,485” and add in its place “$1,503,470”.
End Amendment Part Start SignatureDated: June 7, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019-12475 Filed 6-13-19; 8:45 am]
BILLING CODE 4810-AL-P
Document Information
- Effective Date:
- 6/14/2019
- Published:
- 06/14/2019
- Department:
- Foreign Assets Control Office
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2019-12475
- Dates:
- Effective: June 14, 2019.
- Pages:
- 27714-27719 (6 pages)
- Topics:
- Administrative practice and procedure, Banks, banking, Banks, banking, Banks, banking, Banks, banking, Blocking of assets, Exports, Foreign trade, Penalties
- PDF File:
- 2019-12475.pdf
- Supporting Documents:
- » Hong Kong-Related Sanctions Regulations
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- » Blocking or Unblocking of Persons and Properties
- CFR: (24)
- 31 CFR 501.701
- 31 CFR 510.701
- 31 CFR 535.701
- 31 CFR 536.701
- 31 CFR 539.701
- More ...