80 FR 19532 - Syrian Sanctions Regulations

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control

Federal Register Volume 80, Issue 70 (April 13, 2015)

The Department of the Treasury's Office of Foreign Assets Control is amending the Syrian Sanctions Regulations to authorize by general license certain activities relating to publishing, not already exempt from regulation, that support the publishing and marketing of manuscripts, books, journals, and newspapers in paper and electronic format.

[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)]
[Rules and Regulations]
[Pages 19532-19533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08374]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 542


Syrian Sanctions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control is amending the Syrian Sanctions Regulations to authorize by 
general license certain activities relating to publishing, not already 
exempt from regulation, that support the publishing and marketing of 
manuscripts, books, journals, and newspapers in paper and electronic 
format.

DATES: Effective: April 13, 2015.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing, 
tel.: 202/622-2480, Assistant Director for Policy, tel.: 202/622-6746, 
Assistant Director for Regulatory Affairs, tel: 202/622-4855, Assistant 
Director for Sanctions Compliance & Evaluation, tel.: 202/622-2490, 
Office of Foreign Assets Control, or Chief Counsel (Foreign Assets 
Control), tel.: 202/622-2410, Office of the General Counsel, Department 
of the Treasury (not toll free numbers).

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability

    This document and additional information concerning OFAC are 
available from OFAC's Web site (www.treasury.gov/ofac). Certain general 
information pertaining to OFAC's sanctions programs also is available 
via facsimile through a 24-hour fax-on-demand service, tel.: 202/622-
0077.

Background

    On April 5, 2005, the Office of Foreign Assets Control (OFAC) 
issued the Syrian Sanctions Regulations, 31 CFR part 542 (the 
``Regulations'') (70 FR 17201, April 5, 2005), to implement Executive 
Order 13338 of May 11, 2004 (69 FR 26751, May 13, 2004) (E.O. 13338), 
pursuant to, inter alia, the International Emergency Economic Powers 
Act (50 U.S.C. 1701 et seq.) (IEEPA). On May 2, 2014, OFAC amended the 
Regulations to implement Executive Order 13399 of April 25, 2006 (71 FR 
25059, April 28, 2006) (E.O. 13399), Executive Order 13460 of February 
13, 2008 (73 FR 8991, February 15, 2008) (E.O. 13460), Executive Order 
13572 of April 29, 2011 (76 FR 24787, May 3, 2011) (E.O. 13572), 
Executive Order 13573 of May 18, 2011 (76 FR 29143, May 20, 2011) (E.O. 
13573), Executive Order 13582 of August 17, 2011 (76 FR 52209, August 
22, 2011) (E.O. 13582), and Executive Order 13606 of April 22, 2012 (77 
FR 24571, April 24, 2012) (E.O. 13606). Today, OFAC is amending the 
Regulations to authorize certain activities relating to publishing.
    With certain exceptions, the exportation or importation of 
information or informational materials to or from any country is exempt 
from regulation by the President under IEEPA. See 50 U.S.C. 1702(b)(3); 
31 CFR 542.211(b). OFAC is issuing a new general license set forth at 
31 CFR 542.532 to authorize, subject to certain limitations, 
transactions not already exempt from regulation that support the 
publishing and marketing of manuscripts, books, journals, and 
newspapers, in paper or electronic format.

Public Participation

    Because the amendment of the Regulations involves a foreign affairs 
function, Executive Order 12866 and the provisions of the 
Administrative Procedure Act (5 U.S.C. 553) requiring notice of 
proposed rulemaking, opportunity for public participation, and delay in 
effective date are inapplicable. Because no notice of proposed 
rulemaking is required for this rule, the Regulatory Flexibility Act (5 
U.S.C. 601-612) does not apply.

Paperwork Reduction Act

    The collections of information related to the Regulations are 
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties 
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 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 542

    Administrative practice and procedure, Exports, Foreign trade, 
Information, Services, Syria.

    For the reasons set forth in the preamble, the Department of the 
Treasury's Office of Foreign Assets Control amends 31 CFR part 542 as 
set forth below:

PART 542--SYRIAN SANCTIONS REGULATIONS

0
1. The authority citation for part 542 continues to read as follows:

    Authority:  3 U.S.C. 301; 31 U.S.C. 321(b); 18 U.S.C. 2332d; 22 
U.S.C. 287c; 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 
Stat. 890 (28 U.S.C. 2461 note); Pub. L. 110-96, 121 Stat. 1011 (50 
U.S.C. 1701 note); E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p. 
168; E.O. 13399, 71 FR 25059, 3 CFR, 2006 Comp., p. 218; E.O. 13460, 
73 FR 8991, 3 CFR 2008 Comp., p. 181; E.O. 13572, 76 FR 24787, 3 CFR 
2011 Comp., p.236; E.O. 13573, 76 FR 29143, 3 CFR 2011 Comp., p. 
241; E.O. 13582, 76 FR 52209, 3 CFR 2011 Comp., p. 264; E.O. 13606, 
77 FR 24571, 3 CFR 2012 Comp., p.243.

Subpart E--Licenses, Authorizations, and Statements of Licensing 
Policy

0
2. Add new Sec.  542.532 to read as follows:

[[Page 19533]]

Sec.  542.532  Authorized transactions necessary and ordinarily 
incident to publishing.

    (a) Subject to the restrictions set forth in paragraphs (b) through 
(d) of this section, U.S. persons are authorized to engage in all 
transactions necessary and ordinarily incident to the publishing and 
marketing of manuscripts, books, journals, and newspapers in paper or 
electronic format (collectively, ``written publications''). This 
section does not apply if the parties to the transactions described in 
this paragraph include the Government of Syria or any other person 
whose property and interests in property are blocked pursuant to Sec.  
542.201. For the purposes of this section, the term ``Government of 
Syria'' includes the state and the Government of the Syrian Arab 
Republic, as well as any political subdivision, agency, or 
instrumentality thereof, which includes the Central Bank of Syria, and 
any person acting or purporting to act directly or indirectly on behalf 
of any of the foregoing with respect to the transactions described in 
this paragraph. For the purposes of this section, the term ``Government 
of Syria'' does not include any academic or research institutions and 
their personnel. Pursuant to this section, the following activities are 
authorized, provided that U.S. persons ensure that they are not 
engaging, without separate authorization, in the activities identified 
in paragraphs (b) through (d) of this section:
    (1) Commissioning and making advance payments for identifiable 
written publications not yet in existence, to the extent consistent 
with industry practice;
    (2) Collaborating on the creation and enhancement of written 
publications;
    (3)(i) Augmenting written publications through the addition of 
items such as photographs, artwork, translation, explanatory text, and, 
for a written publication in electronic format, the addition of 
embedded software necessary for reading, browsing, navigating, or 
searching the written publication; and
    (ii) Exporting embedded software necessary for reading, browsing, 
navigating, or searching a written publication in electronic format, 
provided that the software is designated as ``EAR99'' under the Export 
Administration Regulations, 15 CFR parts 730 through 774 (the ``EAR''), 
or is not subject to the EAR;
    (4) Substantive editing of written publications;
    (5) Payment of royalties for written publications;
    (6) Creating or undertaking a marketing campaign to promote a 
written publication; and
    (7) Other transactions necessary and ordinarily incident to the 
publishing and marketing of written publications as described in this 
paragraph (a).
    (b) This section does not authorize transactions involving the 
provision of goods or services not necessary and ordinarily incident to 
the publishing and marketing of written publications as described in 
paragraph (a) of this section. For example, this section does not 
authorize U.S. persons:
    (1) To provide or, if involving blocked property, to receive 
individualized or customized services (including accounting, legal, 
design, or consulting services), other than those necessary and 
ordinarily incident to the publishing and marketing of written 
publications, even though such individualized or customized services 
are delivered through the use of information or informational 
materials;
    (2) To create or undertake for any person a marketing campaign with 
respect to any service or product other than a written publication, or 
to create or undertake a marketing campaign of any kind for the benefit 
of the Government of Syria;
    (3) To engage in the exportation or, if involving blocked property, 
the importation of goods to or from Syria other than the exportation of 
embedded software described in paragraph (a)(3)(ii) of this section; or
    (4) To operate a publishing house, sales outlet, or other office in 
Syria.

    Note to paragraph (b) of Sec.  542.532:  The importation from 
Syria and the exportation to Syria of information or informational 
materials, as defined in Sec.  542.307, whether commercial or 
otherwise, regardless of format or medium of transmission, are 
exempt from the prohibitions and regulations of this part. See Sec.  
542.211(b).

    (c) This section does not authorize U.S. persons to engage the 
services of publishing houses or translators in Syria that involves 
dealing in property unless such activity is primarily for the 
dissemination of written publications in Syria.
    (d) This section does not authorize:
    (1) The exportation from or, if involving blocked property, the 
importation into the United States of services for the development, 
production, or design of software;
    (2) Transactions for the development, production, design, or 
marketing of technology specifically controlled by the International 
Traffic in Arms Regulations, 22 CFR parts 120 through 130 (the 
``ITAR''), the EAR, or the Department of Energy Regulations set forth 
at 10 CFR part 810;
    (3) The exportation of information or technology subject to the 
authorization requirements of 10 CFR part 810, or Restricted Data as 
defined in section 11 y. of the Atomic Energy Act of 1954, as amended, 
or of other information, data, or technology the release of which is 
controlled under the Atomic Energy Act and regulations therein;
    (4) The exportation of any item (including information) subject to 
the EAR where a U.S. person knows or has reason to know that the item 
will be used, directly or indirectly, with respect to certain nuclear, 
missile, chemical, or biological weapons or nuclear-maritime end-uses 
as set forth in part 744 of the EAR. In addition, U.S. persons are 
precluded from exporting any item subject to the EAR to certain 
restricted end-users, as set forth in part 744 of the EAR, as well as 
certain persons whose export privileges have been denied pursuant to 
parts 764 or 766 of the EAR, without authorization from the Department 
of Commerce; or
    (5) The exportation of information subject to licensing 
requirements under the ITAR or exchanges of information that are 
subject to regulation by other government agencies.

John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2015-08374 Filed 4-10-15; 8:45 am]
 BILLING CODE 4810-AL-P