80 FR 45276 - Publication of Ukraine General Licenses 5, 6, 7, 8, and 9
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control Federal Register Volume 80, Issue 145 (July 29, 2015)
Office of Foreign Assets Control
Federal Register Volume 80, Issue 145 (July 29, 2015)
| Page Range | 45276-45278 | |
| FR Document | 2015-18520 |
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)] [Notices] [Pages 45276-45278] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18520] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Office of Foreign Assets Control Publication of Ukraine General Licenses 5, 6, 7, 8, and 9 AGENCY: Office of Foreign Assets Control, Treasury. ACTION: Notice, publication of general licenses. ----------------------------------------------------------------------- SUMMARY: The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing General License No. 5, General License No. 6, General License No. 7, General License No. 8, and General License No. 9 issued under the Ukraine-related sanctions program. On December 30, 2014, OFAC issued General License No. 5, which authorizes transactions and activities necessary to wind down operations involving the Crimea region of Ukraine, subject to certain limitations. On January 30, 2015, OFAC issued three Ukraine-related general licenses. General License No. 6 authorizes noncommercial, personal remittances to or from the Crimea region of Ukraine or for or on behalf of an individual ordinarily resident in the Crimea region of Ukraine, subject to certain limitations. General License No. 7 authorizes the operation of accounts in U.S. financial institutions for individuals ordinarily resident in the Crimea region of Ukraine, subject to certain limitations. General License No. 8 authorizes transactions related to the receipt and transmission of telecommunications and mail, subject to certain limitations. On May 22, 2015, OFAC issued General License No. 9, which authorizes the exportation of certain services and software incident to the exchange of Internet-based communications, subject to certain limitations. DATES: Effective Date: December 30, 2014, for General License No. 5; January 30, 2015 for General License No. 6, General License No. 7, and General License No. 8; and May 22, 2015 for General License No. 9. FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Policy, tel.: 202-622-2746, 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 Since December 30, 2014, OFAC has issued five general licenses authorizing certain transactions for the Crimea region of Ukraine involving certain activities prohibited by Executive Order 13685 of December 19, 2014. On December 30, 2014, OFAC issued General License No. 5 authorizing transactions and activities prohibited by Executive Order 13685 of December 19, 2014 necessary to wind down operations involving the Crimea region of Ukraine, subject to certain limitations. At the time of its issuance on December 30, 2014, OFAC made General License No. 5 available on the OFAC Web site (www.treasury.gov/ofac). On January 30, 2015, OFAC issued three general licenses. General License No. 6 authorizes noncommercial, personal remittances to or from the Crimea region of Ukraine or for or on behalf of an individual ordinarily resident in the Crimea region of Ukraine, subject to certain limitations. General License No. 7 authorizes the operation of accounts in U.S. financial institutions for individuals ordinarily resident in the Crimea region of Ukraine, subject to certain limitations. General License No. 8 authorizes transactions related to the receipt and transmission of telecommunications and mail involving the Crimea region of Ukraine, subject to certain limitations. At the time of their issuance on January 30, 2015, OFAC made General License Nos. 6, 7, and 8 available on the OFAC Web site (www.treasury.gov/ofac). On May 22, 2015, OFAC issued General License No. 9 authorizing the exportation from the United States or by U.S. persons of certain services and software incident to the exchange of Internet-based communications, subject to certain limitations. At the time of its issuance on May 22, 2015, OFAC made General License No. 9 available on the OFAC Web site (www.treasury.gov/ofac). With this notice, OFAC is publishing Ukraine-related General License Nos. 5, 6, 7, 8, and 9 in the Federal Register. Generak License No. 5 Authorizing Certain Activities Prohibited by Executive Order 13685 of December 19, 2014 Necessary To Wind Down Operations Involving the Crimea Region of Ukraine (a) Except as provided in paragraph (b) of this general license, all transactions and activities prohibited by Section 1 of Executive Order 13685 of December 19, 2014, ``Blocking Property of Certain Persons and Prohibiting Certain Transactions With Respect to the Crimea Region of Ukraine'' (the ``Crimea E.O.''), that are ordinarily incident and necessary (1) to the winding down or divestiture or transfer to a foreign person of a U.S. person's share of ownership, including an equity interest, in pre-December 20, 2014 investments located in the Crimea region of Ukraine; (2) to the winding down of operations, contracts, or other agreements that were in effect prior to December 20, 2014, involving the exportation, reexportation, sale, or supply of goods, services, or technology [[Page 45277]] to the Crimea region of Ukraine; or (3) to the winding down of operations, contracts, or other agreements that were in effect prior to December 20, 2014, involving the importation of any goods, services, or technology from the Crimea region of Ukraine into the United States, are authorized through 12:01 a.m. eastern daylight time, February 1, 2015. (b) This general license does not authorize (1) any new exportation, reexportation, sale, or supply of goods, services, or technology from the United States, or by a U.S. person, wherever located, to the Crimea region of Ukraine, or (2) any new importation into the United States of goods, services, or technology from the Crimea region of Ukraine, except as needed to wind down operations, contracts, or other agreements otherwise prohibited by the Crimea E.O. This general license does not authorize any transactions or dealings otherwise prohibited by any other Executive order or any other part of 31 CFR Chapter V, or any transactions or dealings with any specially designated national (SDN) listed pursuant to any Ukraine-related Executive order. (c) U.S. persons participating in transactions authorized by this general license are required, within 10 business days after the wind- down activities conclude, to file a detailed report, including the parties involved, the type and scope of activities conducted, and the dates of the activities, with the Office of Foreign Assets Control, Licensing Division, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW., Annex, Washington, DC 20220. Issued: December 30, 2014. General License No. 6 Noncommercial, Personal Remittances Authorized (a)(1) U.S. persons are authorized to send and receive, and U.S. depository institutions, U.S. registered brokers or dealers in securities, and U.S. registered money transmitters are authorized to process transfers of, funds to or from the Crimea region of Ukraine or for or on behalf of an individual ordinarily resident in the Crimea region of Ukraine in cases in which the transfer involves a noncommercial, personal remittance, provided the transfer is not by, to, or through any person whose property and interests in property are blocked pursuant to Executive Order 13660 of March 6, 2014, Executive Order 13661 of March 17, 2014, Executive Order 13662 of March 20, 2014, or Executive Order 13685 of December 19, 2014 (collectively, the ``Orders''). (2) Noncommercial, personal remittances do not include charitable donations of funds to or for the benefit of an entity or funds transfers for use in supporting or operating a business, including a family-owned business. (b) The transferring institutions identified in paragraph (a) of this general license may rely on the originator of a funds transfer with regard to compliance with paragraph (a), provided that the transferring institution does not know or have reason to know that the funds transfer is not in compliance with paragraph (a). (c) An individual who is a U.S. person is authorized to carry funds as a noncommercial, personal remittance, as described in paragraph (a) of this general license, to an individual in the Crimea region of Ukraine or to an individual ordinarily resident in the Crimea region of Ukraine, other than an individual whose property and interests in property are blocked pursuant to the Orders, provided that the individual who is a U.S. person is carrying the funds on his or her behalf, but not on behalf of another person. Issued: January 30, 2015. General License No. 7 Operation of Accounts Authorized The operation of an account in a U.S. financial institution for an individual ordinarily resident in the Crimea region of Ukraine other than an individual whose property and interests in property are blocked pursuant to Executive Order 13660 of March 6, 2014, Executive Order 13661 of March 17, 2014, Executive Order 13662 of March 20, 2014, or Executive Order 13685 of December 19, 2014 (collectively, the ``Orders''), is authorized, provided that transactions processed through the account: (a) Are of a personal nature and not for use in supporting or operating a business; (b) Do not involve transfers directly or indirectly to the Crimea region of Ukraine or for the benefit of individuals ordinarily resident in the Crimea region of Ukraine unless authorized by General License No. 6 (``Noncommercial, Personal Remittances Authorized''); and (c) Are not otherwise prohibited by the Orders. Issued: January 30, 2015. General License No. 8 Transactions Related to Telecommunications and Mail Authorized (a)(1) Except as provided in paragraph (a)(2) of this general license, all transactions with respect to the receipt and transmission of telecommunications involving the Crimea region of Ukraine are authorized, provided that no payment pursuant to this general license may involve any transaction with a person whose property and interests in property are blocked pursuant to Executive Order 13660 of March 6, 2014, Executive Order 13661 of March 17, 2014, Executive Order 13662 of March 20, 2014, or Executive Order 13685 of December 19, 2014 (collectively, the ``Orders''). (2) This general license does not authorize: (i) The provision, sale, or lease of telecommunications equipment or technology; or (ii) The provision, sale, or lease of capacity on telecommunications transmission facilities (such as satellite or terrestrial network activity). (b) All transactions of common carriers incident to the receipt or transmission of mail and packages between the United States and the Crimea region of Ukraine are authorized, provided that the importation or exportation of such mail and packages is exempt from the prohibitions of Executive Order 13685 of December 19, 2014, or is otherwise authorized pursuant to 31 CFR part 589. Issued: January 30, 2015. General License No. 9 Exportation of Certain Services and Software Incident to Internet-Based Communications Authorized (a) Except as provided in paragraph (d) of this general license, the exportation or reexportation, directly or indirectly, from the United States or by U.S. persons, wherever located, to persons in the Crimea region of Ukraine of services incident to the exchange of personal communications over the Internet, such as instant messaging, chat and email, social networking, sharing of photos and movies, web browsing, and blogging, is authorized, provided that such services are widely available to the public at no cost to the user. (b) Except as provided in paragraph (d) of this general license, the exportation or reexportation, directly or indirectly, from the United States or by U.S. persons, wherever located, to persons in the Crimea region of Ukraine of software necessary to enable the services described in paragraph (a) of this general license is authorized, provided that such software is designated EAR99 under the Export Administration Regulations, 15 CFR parts 730 through 774 (the ``EAR''), or is classified by the U.S. Department of Commerce (Commerce) as mass market [[Page 45278]] software under export control classification number (ECCN) 5D992 of the EAR, and provided further that such software is widely available to the public at no cost to the user. (c) Except as provided in paragraph (d) of this general license, the exportation or reexportation, directly or indirectly, from the United States or by U.S. persons, wherever located, to persons in the Crimea region of Ukraine of software that is not subject to the EAR because it is of foreign origin and is located outside the United States that is necessary to enable the services described in paragraph (a) of this general license is authorized, provided that such software would be designated EAR99 if it were located in the United States or would meet the criteria for classification under ECCN 5D992 of the EAR if it were subject to the EAR, and provided further that such software is widely available to the public at no cost to the user. (d) This general license does not authorize: (1) The exportation or reexportation, directly or indirectly, of services or software with knowledge or reason to know that such services or software are intended for any person whose property and interests in property are blocked pursuant to Executive Order 13660 of March 6, 2014, Executive Order 13661 of March 17, 2014, Executive Order 13662 of March 20, 2014, or Executive Order 13685 of December 19, 2014; (2) The exportation or reexportation, directly or indirectly, of any goods or technology listed on the Commerce Control List in the EAR, 15 CFR part 774, supplement No. 1 (CCL), except for software necessary to enable the services described in paragraph (a) of this general license that is classified by Commerce as mass market software under ECCN 5D992 of the EAR; (3) The exportation or reexportation, directly or indirectly, of commercial-grade Internet connectivity services or telecommunications transmission facilities (such as dedicated satellite links or dedicated lines that include quality of service guarantees); or (4) The exportation or reexportation, directly or indirectly, of web-hosting services that are for commercial endeavors or of domain name registration services. (e) Specific licenses may be issued on a case-by-case basis for the exportation or reexportation of services or software incident to the exchange of personal communications over the Internet not specified in paragraphs (a), (b), or (c) of this general license, and for the exportation or reexportation of hardware incident to the exchange of personal communications over the Internet. Note to General License 9: Nothing in this general license or in any license issued pursuant to paragraph (e) of this general license relieves the exporter from compliance with the export license application requirements of another Federal agency. Issued: May 22, 2015. Dated: July 23, 2015. John E. Smith, Acting Director, Office of Foreign Assets Control. [FR Doc. 2015-18520 Filed 7-28-15; 8:45 am] BILLING CODE 4810-AL-P
![45276 Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices
of the agencies’ functions, including General License No. 6 authorizes on December 30, 2014, OFAC made
whether the information has practical noncommercial, personal remittances to General License No. 5 available on the
utility; or from the Crimea region of Ukraine or OFAC Web site (www.treasury.gov/
b. The accuracy of the agencies’ for or on behalf of an individual ofac).
estimate of the burden of the ordinarily resident in the Crimea region On January 30, 2015, OFAC issued
information collection, including the of Ukraine, subject to certain three general licenses. General License
validity of the methodology and limitations. General License No. 7 No. 6 authorizes noncommercial,
assumptions used; authorizes the operation of accounts in personal remittances to or from the
c. Ways to enhance the quality, U.S. financial institutions for Crimea region of Ukraine or for or on
utility, and clarity of the information to individuals ordinarily resident in the behalf of an individual ordinarily
be collected; Crimea region of Ukraine, subject to resident in the Crimea region of
d. Ways to minimize the burden of the certain limitations. General License No. Ukraine, subject to certain limitations.
information collection on respondents, 8 authorizes transactions related to the General License No. 7 authorizes the
including through the use of automated receipt and transmission of operation of accounts in U.S. financial
collection techniques or other forms of telecommunications and mail, subject to institutions for individuals ordinarily
information technology; and certain limitations. On May 22, 2015, resident in the Crimea region of
e. Estimates of capital or start up costs OFAC issued General License No. 9, Ukraine, subject to certain limitations.
and costs of operation, maintenance, which authorizes the exportation of General License No. 8 authorizes
and purchase of services to provide the certain services and software incident to transactions related to the receipt and
requested information. the exchange of Internet-based transmission of telecommunications and
Comments submitted in response to communications, subject to certain mail involving the Crimea region of
this notice will be shared among the limitations. Ukraine, subject to certain limitations.
agencies. All comments will become a At the time of their issuance on January
matter of public record. DATES: Effective Date: December 30,
2014, for General License No. 5; January 30, 2015, OFAC made General License
Dated: July 17, 2015.
30, 2015 for General License No. 6, Nos. 6, 7, and 8 available on the OFAC
Stuart Feldstein, General License No. 7, and General Web site (www.treasury.gov/ofac).
Director, Legislative and Regulatory Activities License No. 8; and May 22, 2015 for On May 22, 2015, OFAC issued
Division, Office of the Comptroller of the General License No. 9. General License No. 9 authorizing the
Currency. exportation from the United States or by
FOR FURTHER INFORMATION CONTACT:
Board of Governors of the Federal Reserve U.S. persons of certain services and
System, July 22, 2015.
Assistant Director for Licensing, tel.:
software incident to the exchange of
202–622–2480, Assistant Director for
Robert deV. Frierson, Internet-based communications, subject
Policy, tel.: 202–622–2746, Assistant
Secretary of the Board. to certain limitations. At the time of its
Director for Regulatory Affairs, tel.: 202–
Dated at Washington, DC, this 17th day of issuance on May 22, 2015, OFAC made
622–4855, Assistant Director for
July, 2015. General License No. 9 available on the
Sanctions Compliance & Evaluation,
Federal Deposit Insurance Corporation. OFAC Web site (www.treasury.gov/
tel.: 202–622–2490, Office of Foreign
Valerie J. Best, ofac). With this notice, OFAC is
Assets Control, or Chief Counsel
Assistant Executive Secretary. publishing Ukraine-related General
(Foreign Assets Control), tel.: 202–622–
License Nos. 5, 6, 7, 8, and 9 in the
[FR Doc. 2015–18588 Filed 7–28–15; 8:45 am] 2410, Office of the General Counsel,
Federal Register.
BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P Department of the Treasury (not toll free
numbers). Generak License No. 5
SUPPLEMENTARY INFORMATION: Authorizing Certain Activities
DEPARTMENT OF THE TREASURY
Electronic and Facsimile Availability Prohibited by Executive Order 13685 of
Office of Foreign Assets Control December 19, 2014 Necessary To Wind
This document and additional Down Operations Involving the Crimea
information concerning OFAC are Region of Ukraine
Publication of Ukraine General
available from OFAC’s Web site
Licenses 5, 6, 7, 8, and 9 (a) Except as provided in paragraph
(www.treasury.gov/ofac). Certain general
AGENCY: Office of Foreign Assets information pertaining to OFAC’s (b) of this general license, all
Control, Treasury. sanctions programs also is available via transactions and activities prohibited by
ACTION: Notice, publication of general facsimile through a 24-hour fax-on- Section 1 of Executive Order 13685 of
licenses. demand service, tel.: 202–622–0077. December 19, 2014, ‘‘Blocking Property
of Certain Persons and Prohibiting
SUMMARY: The Department of the Background Certain Transactions With Respect to
Treasury’s Office of Foreign Assets Since December 30, 2014, OFAC has the Crimea Region of Ukraine’’ (the
Control (OFAC) is publishing General issued five general licenses authorizing ‘‘Crimea E.O.’’), that are ordinarily
License No. 5, General License No. 6, certain transactions for the Crimea incident and necessary (1) to the
General License No. 7, General License region of Ukraine involving certain winding down or divestiture or transfer
No. 8, and General License No. 9 issued activities prohibited by Executive Order to a foreign person of a U.S. person’s
under the Ukraine-related sanctions 13685 of December 19, 2014. On share of ownership, including an equity
program. On December 30, 2014, OFAC December 30, 2014, OFAC issued interest, in pre-December 20, 2014
tkelley on DSK3SPTVN1PROD with NOTICES
issued General License No. 5, which General License No. 5 authorizing investments located in the Crimea
authorizes transactions and activities transactions and activities prohibited by region of Ukraine; (2) to the winding
necessary to wind down operations Executive Order 13685 of December 19, down of operations, contracts, or other
involving the Crimea region of Ukraine, 2014 necessary to wind down agreements that were in effect prior to
subject to certain limitations. On operations involving the Crimea region December 20, 2014, involving the
January 30, 2015, OFAC issued three of Ukraine, subject to certain exportation, reexportation, sale, or
Ukraine-related general licenses. limitations. At the time of its issuance supply of goods, services, or technology
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![45278 Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Notices
software under export control telecommunications transmission DATES: Comments should be received on
classification number (ECCN) 5D992 of facilities (such as dedicated satellite or before August 28, 2015 to be assured
the EAR, and provided further that such links or dedicated lines that include of consideration.
software is widely available to the quality of service guarantees); or ADDRESSES: Send comments regarding
public at no cost to the user. (4) The exportation or reexportation, the burden estimate, or any other aspect
(c) Except as provided in paragraph directly or indirectly, of web-hosting of the information collection, including
(d) of this general license, the services that are for commercial suggestions for reducing the burden, to
exportation or reexportation, directly or endeavors or of domain name (1) Office of Information and Regulatory
indirectly, from the United States or by registration services. Affairs, Office of Management and
U.S. persons, wherever located, to (e) Specific licenses may be issued on Budget, Attention: Desk Officer for
persons in the Crimea region of Ukraine a case-by-case basis for the exportation Treasury, New Executive Office
of software that is not subject to the EAR or reexportation of services or software Building, Room 10235, Washington, DC
because it is of foreign origin and is incident to the exchange of personal
located outside the United States that is 20503, or email at OIRA_Submission@
communications over the Internet not OMB.EOP.gov and (2) Treasury PRA
necessary to enable the services specified in paragraphs (a), (b), or (c) of
described in paragraph (a) of this Clearance Officer, 1750 Pennsylvania
this general license, and for the Ave. NW., Suite 8140, Washington, DC
general license is authorized, provided exportation or reexportation of
that such software would be designated 20220, or email at PRA@treasury.gov.
hardware incident to the exchange of
EAR99 if it were located in the United personal communications over the FOR FURTHER INFORMATION CONTACT:
States or would meet the criteria for Internet. Copies of the submission(s) may be
classification under ECCN 5D992 of the obtained by emailing PRA@treasury.gov
Note to General License 9: Nothing in this
EAR if it were subject to the EAR, and general license or in any license issued
or viewing the entire information
provided further that such software is pursuant to paragraph (e) of this general collection request at www.reginfo.gov.
widely available to the public at no cost license relieves the exporter from compliance Departmental Offices, Office of
to the user. with the export license application
(d) This general license does not Financial Research
requirements of another Federal agency.
authorize: OMB Number: 1505–0245.
(1) The exportation or reexportation, Issued: May 22, 2015.
Type of Review: Revision of a
directly or indirectly, of services or Dated: July 23, 2015.
currently approved collection.
software with knowledge or reason to John E. Smith,
know that such services or software are Title: Assessment of Fees on Large
Acting Director, Office of Foreign Assets
intended for any person whose property Control.
Bank Holding Companies and Nonbank
and interests in property are blocked Financial Companies.
[FR Doc. 2015–18520 Filed 7–28–15; 8:45 am]
pursuant to Executive Order 13660 of Abstract: The Financial Research
BILLING CODE 4810–AL–P
March 6, 2014, Executive Order 13661 Fund (FRF) Preauthorized Payment
of March 17, 2014, Executive Order Agreement form will collect information
13662 of March 20, 2014, or Executive DEPARTMENT OF THE TREASURY with respect to the final rule (31 CFR
Order 13685 of December 19, 2014; part 150) on the assessment of fees on
(2) The exportation or reexportation, Submission for OMB Review; large bank holding companies and
directly or indirectly, of any goods or Comment Request nonbank financial companies
technology listed on the Commerce supervised by the Federal Reserve Board
Control List in the EAR, 15 CFR part AGENCY: Department of the Treasury. to cover the expenses of the FRF.
774, supplement No. 1 (CCL), except for NOTICE: Notice. Affected Public: Private Sector:
software necessary to enable the The Department of the Treasury will Businesses or other for-profits.
services described in paragraph (a) of submit the following information Estimated Burden Hours: 13.
this general license that is classified by collection request to the Office of
Management and Budget (OMB) for Dated: July 22, 2015.
Commerce as mass market software
under ECCN 5D992 of the EAR; review and clearance in accordance Dawn D. Wolfgang,
(3) The exportation or reexportation, with the Paperwork Reduction Act of Treasury PRA Clearance Officer.
directly or indirectly, of commercial- 1995, Public Law 104–13, on or after the [FR Doc. 2015–18394 Filed 7–28–15; 8:45 am]
grade Internet connectivity services or date of publication of this notice. BILLING CODE 4810–25–P
tkelley on DSK3SPTVN1PROD with NOTICES
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Document Created: 2015-12-15 13:05:46
Document Modified: 2015-12-15 13:05:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice, publication of general licenses. | |
| Contact | Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Policy, tel.: 202-622-2746, 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). | |
| FR Citation | 80 FR 45276 |
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