80 FR 81752 - Cyber-Related Sanctions Regulations
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control Federal Register Volume 80, Issue 251 (December 31, 2015)
Office of Foreign Assets Control
Federal Register Volume 80, Issue 251 (December 31, 2015)
| Page Range | 81752-81759 | |
| FR Document | 2015-32881 |
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)] [Rules and Regulations] [Pages 81752-81759] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32881] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 578 Cyber-Related Sanctions Regulations 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 regulations to implement Executive Order 13694 of April 1, 2015 (``Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities''). OFAC intends to supplement this part 578 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance and additional general licenses and statements of licensing policy. DATES: Effective: December 31, 2015. FOR FURTHER INFORMATION CONTACT: The Department of the Treasury's Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 202-622-4855, Assistant [[Page 81753]] Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the Department of the Treasury's Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410. 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 1, 2015, the President issued Executive Order 13694 (80 FR 18077, April 2, 2015) (E.O. 13694), invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701- 1706). OFAC is issuing the Cyber-Related Sanctions Regulations, 31 CFR part 578 (the ``Regulations''), to implement E.O. 13694, pursuant to authorities delegated to the Secretary of the Treasury in E.O. 13694. A copy of E.O. 13694 appears in Appendix A to this part. The Regulations are being published in abbreviated form at this time for the purpose of providing immediate guidance to the public. OFAC intends to supplement this part 578 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, including regarding ``cyber-enabled'' activities, and additional general licenses and statements of licensing policy. The appendix to the Regulations will be removed when OFAC supplements this part with a more comprehensive set of regulations. Public Participation Because the 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 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 578 Administrative practice and procedure, Banking, Banks, Blocking of assets, Brokers, Credit, Critical infrastructure, Cyber, Cybersecurity, Foreign trade, Investments, Loans, Securities, Services, Trade secrets. For the reasons set forth in the preamble, the Department of the Treasury's Office of Foreign Assets Control adds part 578 to 31 CFR chapter V to read as follows: PART 578--CYBER-RELATED SANCTIONS REGULATIONS Subpart A--Relation of This Part to Other Laws and Regulations Sec. 578.101 Relation of this part to other laws and regulations. Subpart B--Prohibitions 578.201 Prohibited transactions. 578.202 Effect of transfers violating the provisions of this part. 578.203 Holding of funds in interest-bearing accounts; investment and reinvestment. 578.204 Expenses of maintaining blocked property; liquidation of blocked property. Subpart C--General Definitions 578.300 Applicability of definitions. 578.301 Blocked account; blocked property. 578.302 Effective date. 578.303 Entity. 578.304 Financial, material, or technological support. 578.305 Interest. 578.306 Licenses; general and specific. 578.307 OFAC. 578.308 Person. 578.309 Property; property interest. 578.310 Transfer. 578.311 United States. 578.312 United States person; U.S. person. 578.313 U.S. financial institution. Subpart D--Interpretations 578.401 [Reserved] 578.402 Effect of amendment. 578.403 Termination and acquisition of an interest in blocked property. 578.404 Transactions ordinarily incident to a licensed transaction. 578.405 Setoffs prohibited. 578.406 Entities owned by persons whose property and interests in property are blocked. Subpart E--Licenses, Authorizations, and Statements of Licensing Policy 578.501 General and specific licensing procedures. 578.502 [Reserved] 578.503 Exclusion from licenses. 578.504 Payments and transfers to blocked accounts in U.S. financial institutions. 578.505 Entries in certain accounts for normal service charges authorized. 578.506 Provision of certain legal services authorized. 578.507 Payments for legal services from funds originating outside the United States authorized. 578.508 Authorization of emergency medical services. Subparts F-G--[Reserved] Subpart H--Procedures 578.801 [Reserved] 578.802 Delegation by the Secretary of the Treasury. Subpart I--Paperwork Reduction Act 578.901 Paperwork Reduction Act notice. Appendix A to Part 578--Executive Order 13694 Authority: 3 U.S.C. 301; 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); Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note); E.O. 13694, 80 FR 18077, April 2, 2015. Subpart A--Relation of This Part to Other Laws and Regulations Sec. 578.101 Relation of this part to other laws and regulations. This part is separate from, and independent of, the other parts of this chapter, with the exception of part 501 of this chapter, the recordkeeping and reporting requirements and license application and other procedures 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 circumstances 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. No license or authorization contained in or issued pursuant to this part relieves the involved parties from complying with any other applicable laws or regulations. Note to Sec. 578.101: This part has been published in abbreviated form for the purpose of providing immediate guidance to the public. OFAC intends to supplement this part with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, including regarding ``cyber- enabled'' [[Page 81754]] activities, and additional general licenses and statements of licensing policy. Subpart B--Prohibitions Sec. 578.201 Prohibited transactions. All transactions prohibited pursuant to Executive Order 13694 of April 1, 2015, are also prohibited pursuant to this part. Note 1 to Sec. 578.201: The names of persons designated pursuant to Executive Order 13694, whose property and interests in property therefore are blocked pursuant to this section, are published in the Federal Register and incorporated into OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) with the identifier ``[CYBER].'' The SDN List is accessible through the following page on OFAC's Web site: www.treasury.gov/sdn. Additional information pertaining to the SDN List can be found in Appendix A to this chapter. See Sec. 578.406 concerning entities that may not be listed on the SDN List but whose property and interests in property are nevertheless blocked pursuant to this section. Note 2 to Sec. 578.201: The International Emergency Economic Powers Act (50 U.S.C. 1701-1706), in Section 203 (50 U.S.C. 1702), authorizes the blocking of property and interests in property of a person during the pendency of an investigation. The names of persons whose property and interests in property are blocked pending investigation pursuant to this section also are published in the Federal Register and incorporated into the SDN List with the identifier ``[BPI-CYBER]''. Note 3 to Sec. 578.201: Sections 501.806 and 501.807 of this chapter describe the procedures to be followed by persons seeking, respectively, the unblocking of funds that they believe were blocked due to mistaken identity, or administrative reconsideration of their status as persons whose property and interests in property are blocked pursuant to this section. Sec. 578.202 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. 578.201, 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. 578.201, unless the person who holds or maintains such property, prior to that date, had written notice of the transfer or by any written evidence had recognized such transfer. (c) Unless otherwise provided, a license or other authorization issued by OFAC 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 this part and any regulation, order, directive, ruling, instruction, or license issued pursuant to this part. (d) Transfers of property 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 is or was held or maintained (and as to such person only) in cases in which such person is able to establish to the satisfaction of OFAC 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 is or was held or maintained (and as to such person only); (2) The person with whom such property is or 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 or authorization issued pursuant to this part and was not so licensed or authorized, or, if a license or authorization did purport to cover the transfer, that such license or authorization 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 is or was held or maintained filed with OFAC 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, license, or other directive or authorization issued pursuant to this part; (ii) Such transfer was not licensed or authorized by OFAC; 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): 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 (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 and interests in property blocked pursuant to Sec. 578.201. Sec. 578.203 Holding of funds in interest-bearing accounts; investment and reinvestment. (a) Except as provided in paragraphs (e) or (f) of this section, or as otherwise directed by OFAC, any U.S. person holding funds, such as currency, bank deposits, or liquidated financial obligations, subject to Sec. 578.201 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: (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 (15 U.S.C. 78a et seq.), provided the funds are invested in a money market fund or in U.S. Treasury bills. (2) Funds held or placed in a blocked account pursuant to paragraph (a) of this section may not be invested in instruments the maturity of which exceeds 180 days. (c) 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. (d) For purposes of this section, if interest is credited to a separate blocked account or subaccount, the name of the account party on each account must be the same. (e) Blocked funds held in instruments the maturity of which exceeds 180 days at the time the funds become subject to Sec. 578.201 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 paragraphs (a) or (f) of this section. (f) Blocked funds held in accounts or instruments outside the United States at the time the funds become subject to Sec. 578.201 may continue to be held in the same type of accounts or instruments, provided the funds earn interest at rates that are commercially reasonable. (g) 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 [[Page 81755]] securities, to sell or liquidate such property. However, OFAC may issue licenses permitting or directing such sales or liquidation in appropriate cases. (h) 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 any person whose property and interests in property are blocked pursuant to Sec. 578.201, nor may their holder cooperate in or facilitate the pledging or other attempted use as collateral of blocked funds or other assets. Sec. 578.204 Expenses of maintaining blocked property; liquidation of blocked property. (a) Except as otherwise authorized, and notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or contract entered into or any license or permit granted prior to the effective date, all expenses incident to the maintenance of physical property blocked pursuant to Sec. 578.201 shall be the responsibility of the owners or operators of such property, which expenses shall not be met from blocked funds. (b) Property blocked pursuant to Sec. 578.201 may, in the discretion of OFAC, be sold or liquidated and the net proceeds placed in a blocked interest-bearing account in the name of the owner of the property. Subpart C--General Definitions Sec. 578.300 Applicability of definitions. The definitions in this subpart apply throughout the entire part. Sec. 578.301 Blocked account; blocked property. The terms blocked account and blocked property shall mean any account or property subject to the prohibitions in Sec. 578.201 held in the name of a person whose property and interests in property are blocked pursuant to Sec. 578.201, 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 or other authorization from OFAC expressly authorizing such action. Note to Sec. 578.301: See Sec. 578.406 concerning the blocked status of property and interests in property of an entity that is 50 percent or more owned by persons whose property and interests in property are blocked pursuant to Sec. 578.201. Sec. 578.302 Effective date. The term effective date refers to the effective date of the applicable prohibitions and directives contained in this part, and, with respect to a person whose property and interests in property are blocked pursuant to Sec. 578.201, is the earlier of the date of actual or constructive notice that such person's property and interests in property are blocked. Sec. 578.303 Entity. The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. Sec. 578.304 Financial, material, or technological support. The term financial, material, or technological support, as used in Executive Order 13694 of April 1, 2015, means any property, tangible or intangible, including but not limited to currency, financial instruments, securities, or any other transmission of value; weapons or related materiel; chemical or biological agents; explosives; false documentation or identification; communications equipment; computers; electronic or other devices or equipment; technologies; lodging; safe houses; facilities; vehicles or other means of transportation; or goods. ``Technologies'' as used in this definition means specific information necessary for the development, production, or use of a product, including related technical data such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals, or other recorded instructions. Sec. 578.305 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. Sec. 578.306 Licenses; general and specific. (a) Except as otherwise provided in this part, the term license means any license or authorization contained in or issued pursuant to this part. (b) The term general license means any license or authorization the terms of which are set forth in subpart E of this part or made available on OFAC's Web site: www.treasury.gov/ofac. (c) The term specific license means any license or authorization issued pursuant to this part but not set forth in subpart E of this part or made available on OFAC's Web site: www.treasury.gov/ofac. Note to Sec. 578.306: See Sec. 501.801 of this chapter on licensing procedures. Sec. 578.307 OFAC. The term OFAC means the Department of the Treasury's Office of Foreign Assets Control. Sec. 578.308 Person. The term person means an individual or entity. Sec. 578.309 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, present, future, or contingent. Sec. 578.310 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 on the foregoing, it shall include 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 [[Page 81756]] any agent, trustee, or fiduciary; the creation or transfer of any lien; the issuance, docketing, or filing of, or levy of or under, any judgment, decree, attachment, injunction, execution, or other judicial or administrative process or order, or 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. 578.311 United States. The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority thereof. Sec. 578.312 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 or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 578.313 U.S. financial institution. The term U.S. financial institution means any U.S. entity (including its 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, or commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent. It includes 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 that are located in the United States, but not such institutions' foreign branches, offices, or agencies. Subpart D--Interpretations Sec. 578.401 [Reserved] Sec. 578.402 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 OFAC does not affect any act done or omitted, or any civil or criminal 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. 578.403 Termination and acquisition of an interest in blocked property. (a) Whenever a transaction licensed or authorized by or pursuant to this part results in the transfer of property (including any property interest) away from a person whose property and interests in property are blocked pursuant to Sec. 578.201, such property shall no longer be deemed to be property blocked pursuant to Sec. 578.201, unless there exists in the property another interest that is blocked pursuant to Sec. 578.201, the transfer of which has not been effected pursuant to license or other authorization. (b) Unless otherwise specifically provided in a license or other authorization issued pursuant to this part, if property (including any property interest) is transferred or attempted to be transferred to a person whose property and interests in property are blocked pursuant to Sec. 578.201, such property shall be deemed to be property in which such a person has an interest and therefore blocked. Sec. 578.404 Transactions ordinarily incident to a licensed transaction. Any transaction ordinarily incident to a licensed transaction and necessary to give effect thereto is also authorized, except: (a) An ordinarily incident transaction, not explicitly authorized within the terms of the license, by or with a person whose property and interests in property are blocked pursuant to Sec. 578.201; or (b) An ordinarily incident transaction, not explicitly authorized within the terms of the license, involving a debit to a blocked account or a transfer of blocked property. Sec. 578.405 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. 578.201 if effected after the effective date. Sec. 578.406 Entities owned by persons whose property and interests in property are blocked. Persons whose property and interests in property are blocked pursuant to Sec. 578.201 have an interest in all property and interests in property of an entity in which such blocked persons own, whether individually or in the aggregate, directly or indirectly, a 50 percent or greater interest. The property and interests in property of such an entity, therefore, are blocked, and such an entity is a person whose property and interests in property are blocked pursuant to Sec. 578.201, regardless of whether the name of the entity is incorporated into OFAC's Specially Designated Nationals and Blocked Persons List (SDN List). Subpart E--Licenses, Authorizations, and Statements of Licensing Policy Sec. 578.501 General and specific licensing procedures. For provisions relating to licensing procedures, see part 501, subpart E 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. General licenses and statements of licensing policy relating to this part also may be available through the Cyber-Related sanctions page on OFAC's Web site: www.treasury.gov/ofac. Sec. 578.502 [Reserved] Sec. 578.503 Exclusion from licenses. OFAC reserves the right to exclude any person, property, transaction, or class thereof from the operation of any license or from the privileges conferred by any license. OFAC also reserves the right to restrict the applicability of any license to particular persons, property, transactions, or classes thereof. Such actions are binding upon actual or constructive notice of the exclusions or restrictions. Sec. 578.504 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 and interests in property are blocked pursuant to Sec. 578.201 has any interest 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 [[Page 81757]] United States to an account held outside the United States, and further provided that a transfer from a blocked account may be made only to another blocked account held in the same name. Note to Sec. 578.504: See Sec. 501.603 of this chapter for mandatory reporting requirements regarding financial transfers. See also Sec. 578.203 concerning the obligation to hold blocked funds in interest-bearing accounts. Sec. 578.505 Entries in certain accounts for normal service charges authorized. (a) A U.S. financial institution is authorized to debit any blocked account held at that financial institution in payment or reimbursement for normal service charges owed it by the owner of that blocked account. (b) As used in this section, the term normal service charges shall include charges in payment or reimbursement for interest due; cable, telegraph, internet, or telephone charges; postage costs; custody fees; small adjustment charges to correct bookkeeping errors; and, but not by way of limitation, 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. 578.506 Provision of certain legal services authorized. (a) The provision of the following legal services to or on behalf of persons whose property and interests in property are blocked pursuant to Sec. 578.201 or any further Executive orders relating to the national emergency declared in Executive Order 13694 of April 1, 2015, is authorized, provided that receipt of payment of professional fees and reimbursement of incurred expenses must be specifically licensed, authorized pursuant to Sec. 578.507, which authorizes certain payments for legal services from funds originating outside the United States, or otherwise authorized pursuant to this part: (1) Provision of legal advice and counseling on the requirements of and compliance with the laws of the United States or any jurisdiction within the United States, provided that such advice and counseling are not provided to facilitate transactions in violation of this part; (2) Representation of persons named as defendants in or otherwise made parties to legal, arbitration, or administrative proceedings before any U.S. federal, state, or local court or agency; (3) Initiation and conduct of legal, arbitration, or administrative proceedings before any U.S. federal, state, or local court or agency; (4) Representation of persons before any U.S. federal, state, or local court or agency with respect to the imposition, administration, or enforcement of U.S. sanctions against such persons; and (5) Provision of legal services in any other context in which prevailing U.S. law requires access to legal counsel at public expense. (b) The provision of any other legal services to persons whose property and interests in property are blocked pursuant to Sec. 578.201 or any further Executive orders relating to the national emergency declared in Executive Order 13694 of April 1, 2015, not otherwise authorized in this part, requires the issuance of a specific license. (c) Entry into a settlement agreement 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 blocked pursuant to Sec. 578.201 or any further Executive orders relating to the national emergency declared in Executive Order 13694 of April 1, 2015, is prohibited unless licensed pursuant to this part. Note to Sec. 578.506: U.S. persons seeking administrative reconsideration or judicial review of their designation or the blocking of their property and interests in property may apply for a specific license from OFAC to authorize the release of a limited amount of blocked funds for the payment of legal fees where alternative funding sources are not available. For more information, see OFAC's Guidance on the Release of Limited Amounts of Blocked Funds for Payment of Legal Fees and Costs Incurred in Challenging the Blocking of U.S. Persons in Administrative or Civil Proceedings, which is available on OFAC's Web site: www.treasury.gov/ofac. Sec. 578.507 Payments for legal services from funds originating outside the United States authorized. (a) Receipts of payment of professional fees and reimbursement of incurred expenses for the provision of legal services authorized pursuant to Sec. 578.506(a) to or on behalf of any person whose property and interests in property are blocked pursuant to Sec. 578.201 or any further Executive orders relating to the national emergency declared in Executive Order 13694, of April 1, 2015, are authorized from funds originating outside the United States, provided that the funds received by U.S. persons as payment of professional fees and reimbursement of incurred expenses for the provision of legal services authorized pursuant to Sec. 578.506(a) do not originate from: (1) A source within the United States; (2) Any source, wherever located, within the possession or control of a U.S. person; or (3) Any individual or entity, other than the person on whose behalf the legal services authorized pursuant to Sec. 578.506(a) are to be provided, whose property and interests in property are blocked pursuant to any part of this chapter or any Executive order. Note to paragraph (a) of Sec. 578.507: This paragraph authorizes the blocked person on whose behalf the legal services authorized pursuant to Sec. 578.506(a) are to be provided to make payments for authorized legal services using funds originating outside the United States that were not previously blocked. Nothing in this paragraph authorizes payments for legal services using funds in which any other person whose property and interests in property are blocked pursuant to Sec. 578.201, any other part of this chapter, or any Executive order has an interest. (b) Reports. (1) U.S. persons who receive payments in connection with legal services authorized pursuant to Sec. 578.506(a) must submit annual reports no later than 30 days following the end of the calendar year during which the payments were received providing information on the funds received. Such reports shall specify: (i) The individual or entity from whom the funds originated and the amount of funds received; and (ii) If applicable: (A) The names of any individuals or entities providing related services to the U.S. person receiving payment in connection with authorized legal services, such as private investigators or expert witnesses; (B) A general description of the services provided; and (C) The amount of funds paid in connection with such services. (2) The reports, which must reference this section, are to be mailed to: Licensing Division, Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW., Annex, Washington, DC 20220. Note to Sec. 578.507: U.S. persons who receive payments in connection with legal services authorized pursuant to Sec. 578.506(a) do not need to obtain specific authorization to contract for related services that are ordinarily incident to the provision of those legal services, such as those provided by private investigators or expert witnesses, or to pay for such services. Additionally, U.S. persons do not need to obtain specific authorization to provide related services that are ordinarily incident to the provision of legal services authorized pursuant to Sec. 578.506(a). [[Page 81758]] Sec. 578.508 Authorization of emergency medical services. The provision of nonscheduled emergency medical services in the United States to persons whose property and interests in property are blocked pursuant to Sec. 578.201 or any further Executive orders relating to the national emergency declared in Executive Order 13694 of April 1, 2015 and all receipt of payment for such services are authorized. Subparts F-G--[Reserved] Subpart H--Procedures Sec. 578.801 [Reserved] Sec. 578.802 Delegation by the Secretary of the Treasury. Any action that the Secretary of the Treasury is authorized to take pursuant to Executive Order 13694 of April 1, 2015, and any further Executive orders relating to the national emergency declared therein, may be taken by the Director of OFAC or by any other person to whom the Secretary of the Treasury has delegated authority so to act. Subpart I--Paperwork Reduction Act Sec. 578.901 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 578--Executive Order 13694 Executive Order 13694 of April 1, 2015 Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, find that the increasing prevalence and severity of malicious cyber- enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. I hereby declare a national emergency to deal with this threat. Accordingly, I hereby order: Section 1. (a) 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 any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (i) any person determined by the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to be responsible for or complicit in, or to have engaged in, directly or indirectly, cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States and that have the purpose or effect of: (A) harming, or otherwise significantly compromising the provision of services by, a computer or network of computers that support one or more entities in a critical infrastructure sector; (B) significantly compromising the provision of services by one or more entities in a critical infrastructure sector; (C) causing a significant disruption to the availability of a computer or network of computers; or (D) causing a significant misappropriation of funds or economic resources, trade secrets, personal identifiers, or financial information for commercial or competitive advantage or private financial gain; or (ii) any person determined by the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State: (A) to be responsible for or complicit in, or to have engaged in, the receipt or use for commercial or competitive advantage or private financial gain, or by a commercial entity, outside the United States of trade secrets misappropriated through cyber-enabled means, knowing they have been misappropriated, where the misappropriation of such trade secrets is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States; (B) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any activity described in subsections (a)(i) or (a)(ii)(A) of this section or any person whose property and interests in property are blocked pursuant to this order; (C) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order; or (D) to have attempted to engage in any of the activities described in subsections (a)(i) and (a)(ii)(A)-(C) of this section. (b) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order. Sec. 2. I hereby determine that the making of donations of the type of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to section 1 of this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 3. The prohibitions in section 1 of this order include but are not limited to: (a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and (b) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 4. I hereby find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in section 1(a) of this order would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants or nonimmigrants, of such persons. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). Sec. 5. (a) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 6. For the purposes of this order: (a) the term ``person'' means an individual or entity; (b) the term ``entity'' means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (c) the term ``United States person'' means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; (d) the term ``critical infrastructure sector'' means any of the designated critical infrastructure sectors identified in Presidential Policy Directive 21; and (e) the term ``misappropriation'' includes any taking or obtaining by improper means, without permission or consent, or under false pretenses. Sec. 7. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer [[Page 81759]] funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order. Sec. 9. The Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, is hereby authorized to submit the recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 10. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Barack Obama THE WHITE HOUSE, April 1, 2015 Dated: December 11, 2015. John E. Smith, Acting Director, Office of Foreign Assets Control. Approved: Dated: December 16, 2015. Adam J. Szubin, Acting Under Secretary, Office of Terrorism and Financial Intelligence, Department of the Treasury. [FR Doc. 2015-32881 Filed 12-30-15; 8:45 am] BILLING CODE P
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Shippers’ claim that oil pipeline index Furthermore, to the extent issues arise spurious data, we trim the data set to
increases exceed the CPI does not on a particular pipeline, a shipper may those pipelines in the middle 50 percent
support changes to the index because file complaints or protests against of cost changes. Fourth, as shown in
Liquids Shippers have not demonstrated indexed rate increases 97 or complaints Attachment A (Exhibit 15) we calculate
that historic, industry-wide oil pipeline against an oil pipeline’s underlying base three measures of the middle 50
cost changes have corresponded to the rates. In addition to being beyond the percent’s central tendency: The median,
CPI.92 scope of the June 2015 NOI, Liquids the mean, and a weighted mean. Fifth,
49. Liquids Shippers’ arguments that Shippers have not substantiated their we calculate a composite by taking a
the Commission should change its claims.98 simple average of those three measures
regulations governing indexing are of central tendency, as shown in
beyond the scope of this proceeding. F. Suncor’s Proposals
Attachment A (Exhibit 1). Finally, this
The June 2015 NOI sought comment 51. The Commission will not adopt composite is compared to the value of
regarding two narrow issues, (a) the the various proposals advanced by the PPI–FG index data over the same
proposed index level and (b) possible Suncor. The Commission’s adoption of period. The index level is then set at
changes to the Kahn Methodology used page 700 data addresses several of these PPI–FG plus (or minus) this differential.
to calculate the index level.93 Liquids proposals, which were advanced as Using these calculations, the
Shippers’ comments regarding the alternatives should the Commission not Commission establishes an index level
Commission’s indexing policies, adopt page 700 data. In addition, the of PPI–FG plus 1.23 percent (PPI–
committed shipper contracts,94 and Commission also will not adopt FG+1.23) for the five-year period
other issues are beyond the scope of this Suncor’s proposed alternative commencing July 1, 2016.
limited inquiry. methodology to trim the data set based
50. Further, Liquids Shippers’ upon anomalous years (as opposed to The Commission Orders
comments have not persuaded us to trimming pipelines reporting anomalous Consistent with the discussion in this
reexamine the Commission-approved data) because the justification for this order, the Commission determines that
indexing methodology.95 In general proposal, including the use of broader the appropriate oil pricing index for the
terms, Liquids Shippers have not data set, was based upon the previously next five years, July 1, 2016 through
substantiated their claims of unchecked used Form No. 6 accounting data, not June 30, 2021, is PPI–FG+1.23.
oil pipeline over-recoveries. For the page 700 data. Moreover, AOPL has By the Commission.
example, of the 20 pipelines (out of presented evidence that Suncor’s
Liquids Shippers’ sample of 42) that Issued: December 17, 2015.
proposal included significant Nathaniel J. Davis, Sr.,
Liquids Shippers allege are over- computational errors.99
recovering, evidence provided in this Deputy Secretary.
proceeding indicates that 15 actually IV. 2016–2021 Oil Pipeline Index [FR Doc. 2015–32701 Filed 12–30–15; 8:45 am]
under-recovered their cost-of-service in 52. Based on the foregoing, the BILLING CODE 6717–01–P
one (and in many cases more) of the Commission calculates the five-year
years between 2009 and 2014.96 review of the index level used to
determine annual changes to oil DEPARTMENT OF THE TREASURY
92 Similarly, Liquids Shippers’ comparison to
natural gas pipeline rate changes is misleading pipeline rate ceilings for the five-year
because Liquids Shippers’ data only includes a period commencing July 1, 2016 as Office of Foreign Assets Control
portion of natural gas pipelines (not all natural gas follows. First, as shown in Attachment
pipelines) and does not include all rate changes A (Exhibit 13, Exhibit 14) we remove 31 CFR Part 578
proposed by those pipelines. Shehadeh October
2015 Affidavit at 31. The underlying economic those pipelines that did not provide
Cyber-Related Sanctions Regulations
premise of this analysis is also flawed. First, as Dr. Form No. 6, page 700 data or provided
Shehadeh explains, the analogy to natural gas incomplete data. Second, as shown in AGENCY: Office of Foreign Assets
pipelines depends upon a misunderstanding of
prices—as price levels, not price growth, are
Attachment A (Exhibit 15) we look at Control, Treasury.
determined by the level of competition in an the data on Form No. 6, page 700 to ACTION: Final rule.
industry. Id. at 30. Second, Liquids Shippers do not calculate each pipeline’s cost change on
establish that the same market forces determining a per barrel-mile basis over the prior SUMMARY: The Department of the
natural gas pipeline prices apply to oil pipelines.
Id. five-year period (e.g. the years 2009– Treasury’s Office of Foreign Assets
93 June 2015 NOI, 151 FERC ¶ 61,278 at P 1. 2014 in this proceeding). Third, in order Control (OFAC) is issuing regulations to
94 This five-year review addresses the calculation to remove statistical outliers and implement Executive Order 13694 of
of the industry-wide index-level. Negotiated April 1, 2015 (‘‘Blocking the Property of
committed shipper contracts only incorporate an under-recovery of the aggregate page 700 cost- Certain Persons Engaging in Significant
indexing when both the pipeline and the committed of-service. Moreover, as has been recognized from
shippers accept such terms. Any objections to these Malicious Cyber-Enabled Activities’’).
the inception of indexing, some pipelines costs will
negotiated provisions (including the application of
exceed the rate increases allowed by indexing
OFAC intends to supplement this part
indexing) may be raised during the applicable 578 with a more comprehensive set of
whereas efficient pipelines may benefit from
petition for declaratory order process.
95 The Commission’s indexing methodology was
controlling their costs. Order No. 561, FERC Stats. regulations, which may include
& Regs. ¶ 30,985 at 30,948–49. additional interpretive and definitional
affirmed on appeal following Order No. 561. AOPL 97 Liquids Shippers argue that pipelines with
I, 281 F.3d 239. The dissents and other materials guidance and additional general
from that proceeding cited by Liquids Shippers page 700 revenues exceeding page 700 cost of
service should not receive index increases. To the licenses and statements of licensing
were part of the record at that time. In addition,
Liquids Shippers cite a Congressional letter which extent that index rate filings of particular pipelines policy.
was written before the indexing regulations were substantially exacerbate pre-existing over-
recoveries, current Commission policies allow DATES: Effective: December 31, 2015.
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finalized, and does not accurately portray how
those regulations have been implemented. For shippers to file complaints against those index FOR FURTHER INFORMATION CONTACT: The
example, the letter implies that the index may only increases. BP West Coast Products, LLC v. SFPP, Department of the Treasury’s Office of
increase rates, when, in fact, under Commission L.P., 121 FERC ¶ 61,141 (2007).
98 Remaining issues regarding the Commission’s
Foreign Assets Control: Assistant
regulations the index may require rates to go down.
See 18 CFR 342.3(e) (2015). regulatory policies may be raised in an adjudicatory Director for Licensing, tel.: 202–622–
96 See Shehadeh September 2015 Affidavit at 32. context or another, more appropriate forum. 2480, Assistant Director for Regulatory
Further, the industry as a whole continues to show 99 Shehadeh September 2015 Affidavit at 38. Affairs, tel.: 202–622–4855, Assistant
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Director for Sanctions Compliance & approved by the Office of Management 578.502 [Reserved]
Evaluation, tel.: 202–622–2490; or the and Budget under control number 1505– 578.503 Exclusion from licenses.
Department of the Treasury’s Office of 0164. An agency may not conduct or 578.504 Payments and transfers to blocked
the Chief Counsel (Foreign Assets sponsor, and a person is not required to accounts in U.S. financial institutions.
578.505 Entries in certain accounts for
Control), Office of the General Counsel, respond to, a collection of information normal service charges authorized.
tel.: 202–622–2410. unless the collection of information 578.506 Provision of certain legal services
SUPPLEMENTARY INFORMATION: displays a valid control number. authorized.
Electronic and Facsimile Availability List of Subjects in 31 CFR Part 578 578.507 Payments for legal services from
funds originating outside the United
This document and additional Administrative practice and States authorized.
information concerning OFAC are procedure, Banking, Banks, Blocking of 578.508 Authorization of emergency
available from OFAC’s Web site assets, Brokers, Credit, Critical medical services.
(www.treasury.gov/ofac). Certain general infrastructure, Cyber, Cybersecurity, Subparts F–G—[Reserved]
information pertaining to OFAC’s Foreign trade, Investments, Loans,
sanctions programs also is available via Securities, Services, Trade secrets. Subpart H—Procedures
facsimile through a 24-hour fax-on- For the reasons set forth in the 578.801 [Reserved]
demand service, tel.: 202/622–0077. preamble, the Department of the 578.802 Delegation by the Secretary of the
Treasury’s Office of Foreign Assets Treasury.
Background
Control adds part 578 to 31 CFR chapter Subpart I—Paperwork Reduction Act
On April 1, 2015, the President issued V to read as follows: 578.901 Paperwork Reduction Act notice.
Executive Order 13694 (80 FR 18077, Appendix A to Part 578—Executive Order
April 2, 2015) (E.O. 13694), invoking the PART 578—CYBER-RELATED 13694
authority of, inter alia, the International SANCTIONS REGULATIONS
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
Emergency Economic Powers Act (50
Subpart A—Relation of This Part to Other 50 U.S.C. 1601–1651, 1701–1706; Pub. L.
U.S.C. 1701–1706). OFAC is issuing the 101–410, 104 Stat. 890 (28 U.S.C. 2461 note);
Laws and Regulations
Cyber-Related Sanctions Regulations, 31 Pub. L. 110–96, 121 Stat. 1011 (50 U.S.C.
CFR part 578 (the ‘‘Regulations’’), to Sec.
1705 note); E.O. 13694, 80 FR 18077, April
implement E.O. 13694, pursuant to 578.101 Relation of this part to other laws
2, 2015.
and regulations.
authorities delegated to the Secretary of
the Treasury in E.O. 13694. A copy of Subpart B—Prohibitions Subpart A—Relation of This Part to
E.O. 13694 appears in Appendix A to 578.201 Prohibited transactions. Other Laws and Regulations
this part. 578.202 Effect of transfers violating the
§ 578.101 Relation of this part to other
The Regulations are being published provisions of this part.
578.203 Holding of funds in interest- laws and regulations.
in abbreviated form at this time for the
purpose of providing immediate bearing accounts; investment and This part is separate from, and
guidance to the public. OFAC intends to reinvestment. independent of, the other parts of this
578.204 Expenses of maintaining blocked
supplement this part 578 with a more property; liquidation of blocked chapter, with the exception of part 501
comprehensive set of regulations, which property. of this chapter, the recordkeeping and
may include additional interpretive and reporting requirements and license
definitional guidance, including Subpart C—General Definitions application and other procedures of
regarding ‘‘cyber-enabled’’ activities, 578.300 Applicability of definitions. which apply to this part. Actions taken
and additional general licenses and 578.301 Blocked account; blocked property. pursuant to part 501 of this chapter with
statements of licensing policy. The 578.302 Effective date. respect to the prohibitions contained in
578.303 Entity.
appendix to the Regulations will be this part are considered actions taken
578.304 Financial, material, or
removed when OFAC supplements this technological support. pursuant to this part. Differing foreign
part with a more comprehensive set of 578.305 Interest. policy and national security
regulations. 578.306 Licenses; general and specific. circumstances may result in differing
578.307 OFAC. interpretations of similar language
Public Participation
578.308 Person. among the parts of this chapter. No
Because the Regulations involve a 578.309 Property; property interest. license or authorization contained in or
foreign affairs function, the provisions 578.310 Transfer. issued pursuant to those other parts
of Executive Order 12866 and the 578.311 United States. authorizes any transaction prohibited by
Administrative Procedure Act (5 U.S.C. 578.312 United States person; U.S. person.
this part. No license or authorization
553) requiring notice of proposed 578.313 U.S. financial institution.
contained in or issued pursuant to any
rulemaking, opportunity for public Subpart D—Interpretations other provision of law or regulation
participation, and delay in effective date 578.401 [Reserved] authorizes any transaction prohibited by
are inapplicable. Because no notice of 578.402 Effect of amendment. this part. No license or authorization
proposed rulemaking is required for this 578.403 Termination and acquisition of an contained in or issued pursuant to this
rule, the Regulatory Flexibility Act (5 interest in blocked property. part relieves the involved parties from
U.S.C. 601–612) does not apply. 578.404 Transactions ordinarily incident to complying with any other applicable
a licensed transaction.
Paperwork Reduction Act laws or regulations.
578.405 Setoffs prohibited.
The collections of information related 578.406 Entities owned by persons whose Note to § 578.101: This part has been
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to the Regulations are contained in 31 property and interests in property are published in abbreviated form for the
blocked. purpose of providing immediate guidance to
CFR part 501 (the ‘‘Reporting, the public. OFAC intends to supplement this
Procedures and Penalties Regulations’’). Subpart E—Licenses, Authorizations, and part with a more comprehensive set of
Pursuant to the Paperwork Reduction Statements of Licensing Policy regulations, which may include additional
Act of 1995 (44 U.S.C. 3507), those 578.501 General and specific licensing interpretive and definitional guidance,
collections of information have been procedures. including regarding ‘‘cyber-enabled’’
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activities, and additional general licenses and date, had written notice of the transfer lien, execution, garnishment, or other
statements of licensing policy. or by any written evidence had judicial process is null and void with
recognized such transfer. respect to any property and interests in
Subpart B—Prohibitions (c) Unless otherwise provided, a property blocked pursuant to § 578.201.
license or other authorization issued by
§ 578.201 Prohibited transactions. OFAC before, during, or after a transfer § 578.203 Holding of funds in interest-
All transactions prohibited pursuant shall validate such transfer or make it bearing accounts; investment and
to Executive Order 13694 of April 1, reinvestment.
enforceable to the same extent that it
2015, are also prohibited pursuant to would be valid or enforceable but for (a) Except as provided in paragraphs
this part. the provisions of this part and any (e) or (f) of this section, or as otherwise
Note 1 to § 578.201: The names of persons regulation, order, directive, ruling, directed by OFAC, any U.S. person
designated pursuant to Executive Order instruction, or license issued pursuant holding funds, such as currency, bank
13694, whose property and interests in to this part. deposits, or liquidated financial
property therefore are blocked pursuant to (d) Transfers of property that obligations, subject to § 578.201 shall
this section, are published in the Federal otherwise would be null and void or hold or place such funds in a blocked
Register and incorporated into OFAC’s unenforceable by virtue of the interest-bearing account located in the
Specially Designated Nationals and Blocked United States.
Persons List (SDN List) with the identifier
provisions of this section shall not be
deemed to be null and void or (b)(1) For purposes of this section, the
‘‘[CYBER].’’ The SDN List is accessible
through the following page on OFAC’s Web unenforceable as to any person with term blocked interest-bearing account
site: www.treasury.gov/sdn. Additional whom such property is or was held or means a blocked account:
information pertaining to the SDN List can be maintained (and as to such person only) (i) In a federally-insured U.S. bank,
found in Appendix A to this chapter. See in cases in which such person is able to thrift institution, or credit union,
§ 578.406 concerning entities that may not be establish to the satisfaction of OFAC provided the funds are earning interest
listed on the SDN List but whose property at rates that are commercially
each of the following:
and interests in property are nevertheless reasonable; or
blocked pursuant to this section.
(1) Such transfer did not represent a
willful violation of the provisions of this (ii) With a broker or dealer registered
Note 2 to § 578.201: The International part by the person with whom such with the Securities and Exchange
Emergency Economic Powers Act (50 U.S.C. property is or was held or maintained Commission under the Securities
1701–1706), in Section 203 (50 U.S.C. 1702), (and as to such person only); Exchange Act of 1934 (15 U.S.C. 78a et
authorizes the blocking of property and (2) The person with whom such seq.), provided the funds are invested in
interests in property of a person during the property is or was held or maintained a money market fund or in U.S.
pendency of an investigation. The names of did not have reasonable cause to know Treasury bills.
persons whose property and interests in (2) Funds held or placed in a blocked
property are blocked pending investigation or suspect, in view of all the facts and
pursuant to this section also are published in circumstances known or available to account pursuant to paragraph (a) of this
the Federal Register and incorporated into such person, that such transfer required section may not be invested in
the SDN List with the identifier ‘‘[BPI– a license or authorization issued instruments the maturity of which
CYBER]’’. pursuant to this part and was not so exceeds 180 days.
licensed or authorized, or, if a license or (c) For purposes of this section, a rate
Note 3 to § 578.201: Sections 501.806 and authorization did purport to cover the is commercially reasonable if it is the
501.807 of this chapter describe the rate currently offered to other depositors
procedures to be followed by persons
transfer, that such license or
authorization had been obtained by on deposits or instruments of
seeking, respectively, the unblocking of
funds that they believe were blocked due to misrepresentation of a third party or comparable size and maturity.
mistaken identity, or administrative withholding of material facts or was (d) For purposes of this section, if
reconsideration of their status as persons otherwise fraudulently obtained; and interest is credited to a separate blocked
whose property and interests in property are (3) The person with whom such account or subaccount, the name of the
blocked pursuant to this section. property is or was held or maintained account party on each account must be
filed with OFAC a report setting forth in the same.
§ 578.202 Effect of transfers violating the full the circumstances relating to such (e) Blocked funds held in instruments
provisions of this part. transfer promptly upon discovery that: the maturity of which exceeds 180 days
(a) Any transfer after the effective date (i) Such transfer was in violation of at the time the funds become subject to
that is in violation of any provision of the provisions of this part or any § 578.201 may continue to be held until
this part or of any regulation, order, regulation, ruling, instruction, license, maturity in the original instrument,
directive, ruling, instruction, or license or other directive or authorization provided any interest, earnings, or other
issued pursuant to this part, and that issued pursuant to this part; proceeds derived therefrom are paid
involves any property or interest in (ii) Such transfer was not licensed or into a blocked interest-bearing account
property blocked pursuant to § 578.201, authorized by OFAC; or in accordance with paragraphs (a) or (f)
is null and void and shall not be the (iii) If a license did purport to cover of this section.
basis for the assertion or recognition of the transfer, such license had been (f) Blocked funds held in accounts or
any interest in or right, remedy, power, obtained by misrepresentation of a third instruments outside the United States at
or privilege with respect to such party or withholding of material facts or the time the funds become subject to
property or property interest. was otherwise fraudulently obtained. § 578.201 may continue to be held in the
(b) No transfer before the effective Note to paragraph (d): The filing of a same type of accounts or instruments,
date shall be the basis for the assertion report in accordance with the provisions of provided the funds earn interest at rates
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or recognition of any right, remedy, paragraph (d)(3) of this section shall not be that are commercially reasonable.
power, or privilege with respect to, or deemed evidence that the terms of (g) This section does not create an
any interest in, any property or interest paragraphs (d)(1) and (2) of this section have affirmative obligation for the holder of
in property blocked pursuant to been satisfied. blocked tangible property, such as
§ 578.201, unless the person who holds (e) Unless licensed pursuant to this chattels or real estate, or of other
or maintains such property, prior to that part, any attachment, judgment, decree, blocked property, such as debt or equity
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any agent, trustee, or fiduciary; the modification, or revocation of any § 578.406 Entities owned by persons
creation or transfer of any lien; the provision in or appendix to this part or whose property and interests in property
issuance, docketing, or filing of, or levy chapter or of any order, regulation, are blocked.
of or under, any judgment, decree, ruling, instruction, or license issued by Persons whose property and interests
attachment, injunction, execution, or OFAC does not affect any act done or in property are blocked pursuant to
other judicial or administrative process omitted, or any civil or criminal § 578.201 have an interest in all
or order, or the service of any proceeding commenced or pending, property and interests in property of an
garnishment; the acquisition of any prior to such amendment, modification, entity in which such blocked persons
interest of any nature whatsoever by or revocation. All penalties, forfeitures, own, whether individually or in the
reason of a judgment or decree of any and liabilities under any such order, aggregate, directly or indirectly, a 50
foreign country; the fulfillment of any regulation, ruling, instruction, or license percent or greater interest. The property
condition; the exercise of any power of continue and may be enforced as if such and interests in property of such an
appointment, power of attorney, or amendment, modification, or revocation entity, therefore, are blocked, and such
other power; or the acquisition, had not been made. an entity is a person whose property
disposition, transportation, importation, and interests in property are blocked
exportation, or withdrawal of any § 578.403 Termination and acquisition of pursuant to § 578.201, regardless of
an interest in blocked property. whether the name of the entity is
security.
(a) Whenever a transaction licensed or incorporated into OFAC’s Specially
§ 578.311 United States. Designated Nationals and Blocked
authorized by or pursuant to this part
The term United States means the results in the transfer of property Persons List (SDN List).
United States, its territories and (including any property interest) away
possessions, and all areas under the from a person whose property and Subpart E—Licenses, Authorizations,
jurisdiction or authority thereof. interests in property are blocked and Statements of Licensing Policy
§ 578.312 United States person; U.S. pursuant to § 578.201, such property § 578.501 General and specific licensing
person. shall no longer be deemed to be procedures.
The term United States person or U.S. property blocked pursuant to § 578.201, For provisions relating to licensing
person means any United States citizen, unless there exists in the property procedures, see part 501, subpart E of
permanent resident alien, entity another interest that is blocked pursuant this chapter. Licensing actions taken
organized under the laws of the United to § 578.201, the transfer of which has pursuant to part 501 of this chapter with
States or any jurisdiction within the not been effected pursuant to license or respect to the prohibitions contained in
United States (including foreign other authorization. this part are considered actions taken
branches), or any person in the United (b) Unless otherwise specifically pursuant to this part. General licenses
States. provided in a license or other and statements of licensing policy
authorization issued pursuant to this relating to this part also may be
§ 578.313 U.S. financial institution. available through the Cyber-Related
part, if property (including any property
The term U.S. financial institution interest) is transferred or attempted to sanctions page on OFAC’s Web site:
means any U.S. entity (including its be transferred to a person whose www.treasury.gov/ofac.
foreign branches) that is engaged in the property and interests in property are
business of accepting deposits, making, § 578.502 [Reserved]
blocked pursuant to § 578.201, such
granting, transferring, holding, or property shall be deemed to be property § 578.503 Exclusion from licenses.
brokering loans or credits, or purchasing in which such a person has an interest
or selling foreign exchange, securities, OFAC reserves the right to exclude
and therefore blocked. any person, property, transaction, or
or commodity futures or options, or
procuring purchasers and sellers § 578.404 Transactions ordinarily incident class thereof from the operation of any
thereof, as principal or agent. It includes to a licensed transaction. license or from the privileges conferred
depository institutions, banks, savings by any license. OFAC also reserves the
Any transaction ordinarily incident to right to restrict the applicability of any
banks, trust companies, securities a licensed transaction and necessary to
brokers and dealers, commodity futures license to particular persons, property,
give effect thereto is also authorized, transactions, or classes thereof. Such
and options brokers and dealers, except:
forward contract and foreign exchange actions are binding upon actual or
merchants, securities and commodities (a) An ordinarily incident transaction, constructive notice of the exclusions or
exchanges, clearing corporations, not explicitly authorized within the restrictions.
investment companies, employee terms of the license, by or with a person
§ 578.504 Payments and transfers to
benefit plans, and U.S. holding whose property and interests in blocked accounts in U.S. financial
companies, U.S. affiliates, or U.S. property are blocked pursuant to institutions.
subsidiaries of any of the foregoing. This § 578.201; or
Any payment of funds or transfer of
term includes those branches, offices, (b) An ordinarily incident transaction, credit in which a person whose property
and agencies of foreign financial not explicitly authorized within the and interests in property are blocked
institutions that are located in the terms of the license, involving a debit to pursuant to § 578.201 has any interest
United States, but not such institutions’ a blocked account or a transfer of that comes within the possession or
foreign branches, offices, or agencies. blocked property. control of a U.S. financial institution
must be blocked in an account on the
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Subpart D—Interpretations § 578.405 Setoffs prohibited.
books of that financial institution. A
§ 578.401 [Reserved] A setoff against blocked property transfer of funds or credit by a U.S.
(including a blocked account), whether financial institution between blocked
§ 578.402 Effect of amendment. by a U.S. bank or other U.S. person, is accounts in its branches or offices is
Unless otherwise specifically a prohibited transfer under § 578.201 if authorized, provided that no transfer is
provided, any amendment, effected after the effective date. made from an account within the
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§ 578.508 Authorization of emergency United States constitute an unusual and (b) The prohibitions in subsection (a) of
medical services. extraordinary threat to the national security, this section apply except to the extent
The provision of nonscheduled foreign policy, and economy of the United provided by statutes, or in regulations,
emergency medical services in the States. I hereby declare a national emergency orders, directives, or licenses that may be
to deal with this threat. issued pursuant to this order, and
United States to persons whose property Accordingly, I hereby order: notwithstanding any contract entered into or
and interests in property are blocked Section 1. (a) All property and interests in any license or permit granted prior to the
pursuant to § 578.201 or any further property that are in the United States, that effective date of this order.
Executive orders relating to the national hereafter come within the United States, or Sec. 2. I hereby determine that the making
emergency declared in Executive Order that are or hereafter come within the of donations of the type of articles specified
13694 of April 1, 2015 and all receipt possession or control of any United States in section 203(b)(2) of IEEPA (50 U.S.C.
of payment for such services are person of the following persons are blocked 1702(b)(2)) by, to, or for the benefit of any
authorized. and may not be transferred, paid, exported, person whose property and interests in
withdrawn, or otherwise dealt in: property are blocked pursuant to section 1 of
Subparts F–G—[Reserved] (i) any person determined by the Secretary this order would seriously impair my ability
of the Treasury, in consultation with the to deal with the national emergency declared
Attorney General and the Secretary of State, in this order, and I hereby prohibit such
Subpart H—Procedures to be responsible for or complicit in, or to donations as provided by section 1 of this
§ 578.801 [Reserved] have engaged in, directly or indirectly, cyber- order.
enabled activities originating from, or Sec. 3. The prohibitions in section 1 of this
§ 578.802 Delegation by the Secretary of directed by persons located, in whole or in order include but are not limited to:
the Treasury. substantial part, outside the United States (a) the making of any contribution or
Any action that the Secretary of the that are reasonably likely to result in, or have provision of funds, goods, or services by, to,
materially contributed to, a significant threat or for the benefit of any person whose
Treasury is authorized to take pursuant to the national security, foreign policy, or property and interests in property are
to Executive Order 13694 of April 1, economic health or financial stability of the blocked pursuant to this order; and
2015, and any further Executive orders United States and that have the purpose or (b) the receipt of any contribution or
relating to the national emergency effect of: provision of funds, goods, or services from
declared therein, may be taken by the (A) harming, or otherwise significantly any such person.
Director of OFAC or by any other person compromising the provision of services by, a Sec. 4. I hereby find that the unrestricted
to whom the Secretary of the Treasury computer or network of computers that immigrant and nonimmigrant entry into the
has delegated authority so to act. support one or more entities in a critical United States of aliens determined to meet
infrastructure sector; one or more of the criteria in section 1(a) of
Subpart I—Paperwork Reduction Act (B) significantly compromising the this order would be detrimental to the
provision of services by one or more entities interests of the United States, and I hereby
§ 578.901 Paperwork Reduction Act notice. in a critical infrastructure sector; suspend entry into the United States, as
For approval by the Office of (C) causing a significant disruption to the immigrants or nonimmigrants, of such
Management and Budget (OMB) under availability of a computer or network of persons. Such persons shall be treated as
computers; or persons covered by section 1 of Proclamation
the Paperwork Reduction Act of 1995 8693 of July 24, 2011 (Suspension of Entry
(D) causing a significant misappropriation
(44 U.S.C. 3507) of information of funds or economic resources, trade secrets, of Aliens Subject to United Nations Security
collections relating to recordkeeping personal identifiers, or financial information Council Travel Bans and International
and reporting requirements, licensing for commercial or competitive advantage or Emergency Economic Powers Act Sanctions).
procedures (including those pursuant to private financial gain; or Sec. 5. (a) Any transaction that evades or
statements of licensing policy), and (ii) any person determined by the Secretary avoids, has the purpose of evading or
other procedures, see § 501.901 of this of the Treasury, in consultation with the avoiding, causes a violation of, or attempts to
chapter. An agency may not conduct or Attorney General and the Secretary of State: violate any of the prohibitions set forth in
sponsor, and a person is not required to (A) to be responsible for or complicit in, or this order is prohibited.
to have engaged in, the receipt or use for (b) Any conspiracy formed to violate any
respond to, a collection of information of the prohibitions set forth in this order is
commercial or competitive advantage or
unless it displays a valid control private financial gain, or by a commercial prohibited.
number assigned by OMB. entity, outside the United States of trade Sec. 6. For the purposes of this order:
Appendix A to Part 578—Executive secrets misappropriated through cyber- (a) the term ‘‘person’’ means an individual
enabled means, knowing they have been or entity;
Order 13694
misappropriated, where the misappropriation (b) the term ‘‘entity’’ means a partnership,
Executive Order 13694 of April 1, 2015 of such trade secrets is reasonably likely to association, trust, joint venture, corporation,
result in, or has materially contributed to, a group, subgroup, or other organization;
Blocking the Property of Certain significant threat to the national security, (c) the term ‘‘United States person’’ means
Persons Engaging in Significant foreign policy, or economic health or any United States citizen, permanent resident
Malicious Cyber-Enabled Activities financial stability of the United States; alien, entity organized under the laws of the
By the authority vested in me as President (B) to have materially assisted, sponsored, United States or any jurisdiction within the
by the Constitution and the laws of the or provided financial, material, or United States (including foreign branches), or
United States of America, including the technological support for, or goods or any person in the United States;
International Emergency Economic Powers services in support of, any activity described (d) the term ‘‘critical infrastructure sector’’
Act (50 U.S.C. 1701 et seq.) (IEEPA), the in subsections (a)(i) or (a)(ii)(A) of this means any of the designated critical
National Emergencies Act (50 U.S.C. 1601 et section or any person whose property and infrastructure sectors identified in
seq.) (NEA), section 212(f) of the Immigration interests in property are blocked pursuant to Presidential Policy Directive 21; and
and Nationality Act of 1952 (8 U.S.C. this order; (e) the term ‘‘misappropriation’’ includes
1182(f)), and section 301 of title 3, United (C) to be owned or controlled by, or to have any taking or obtaining by improper means,
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States Code, acted or purported to act for or on behalf of, without permission or consent, or under false
I, BARACK OBAMA, President of the directly or indirectly, any person whose pretenses.
United States of America, find that the property and interests in property are Sec. 7. For those persons whose property
increasing prevalence and severity of blocked pursuant to this order; or and interests in property are blocked
malicious cyber-enabled activities originating (D) to have attempted to engage in any of pursuant to this order who might have a
from, or directed by persons located, in the activities described in subsections (a)(i) constitutional presence in the United States,
whole or in substantial part, outside the and (a)(ii)(A)–(C) of this section. I find that because of the ability to transfer
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![Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations 81759
funds or other assets instantaneously, prior SUMMARY: This rule establishes policy, policies and procedures is vital to the
notice to such persons of measures to be assigns responsibilities, and prescribes DoD meeting its mission to man an all-
taken pursuant to this order would render procedures for DoD oversight of the volunteer force with qualified citizens.
those measures ineffectual. I therefore b. Succinct statement of legal
determine that for these measures to be
Service academies (referred to in this
effective in addressing the national rule as ‘‘the academies’’). It implements authority for the regulatory action.
emergency declared in this order, there need the United States Code for the Authority: 10 U.S.C. Chapters 403, 603,
be no prior notice of a listing or establishment and operation of the and 903.
determination made pursuant to section 1 of United States Military Academy, the
this order. United States Naval Academy, and the II. Summary of the Major Provisions of
Sec. 8. The Secretary of the Treasury, in United States Air Force Academy. the Regulatory Action
consultation with the Attorney General and The academies annually provide
the Secretary of State, is hereby authorized to DATES: Effective Date: This rule is
effective December 31, 2015. newly commissioned officers to each
take such actions, including the
promulgation of rules and regulations, and to Service who have been immersed in the
FOR FURTHER INFORMATION CONTACT: Lt.
employ all powers granted to the President history, traditions, and professional
Col. Keithen Washington, 703 695–
by IEEPA as may be necessary to carry out values of the Military Services and
5529.
the purposes of this order. The Secretary of developed to be leaders of character,
the Treasury may redelegate any of these SUPPLEMENTARY INFORMATION: dedicated to a career of professional
functions to other officers and agencies of the excellence in service to the Nation. The
United States Government consistent with Executive Summary
accession of these officers generates a
applicable law. All agencies of the United
I. Purpose of the Regulatory Action core group of innovative leaders capable
States Government are hereby directed to
take all appropriate measures within their a. Purpose. This rule provides of thinking critically who will exert
authority to carry out the provisions of this required updates to DoD policy and positive peer influence to convey and
order. procedures because some policy sustain these traditions, attitudes,
Sec. 9. The Secretary of the Treasury, in values, and beliefs essential to the long-
changes and court decisions have had a
consultation with the Attorney General and term readiness and success of the
the Secretary of State, is hereby authorized to great impact on the eligibility of
potential applicants’ entry into a Military Services.
submit the recurring and final reports to the
Congress on the national emergency declared military academy. All language III. Costs and Benefits
in this order, consistent with section 401(c) addressing homosexuality, homosexual
of the NEA (50 U.S.C. 1641(c)) and section Administrative costs are negligible
acts, homosexual statements and
204(c) of IEEPA (50 U.S.C. 1703(c)). and the benefits would be clear, concise
homosexual marriage has been removed
Sec. 10. This order is not intended to, and rules that enable the Secretary of
in accordance with the December 22,
does not, create any right or benefit, Defense to ensure that the Service
substantive or procedural, enforceable at law 2010 repeal of Don’t Ask, Don’t Tell
Academies operate efficiently and meet
or in equity by any party against the United policy, which opened military service to
the needs of the armed forces.
States, its departments, agencies, or entities, homosexuals, and the subsequent
its officers, employees, or agents, or any other United States v. Windsor decision (570 Retrospective Review
person. U.S. 12, 133 S. Ct. 2675 (2013), 1 U.S.C. This rule is part of DoD’s
Barack Obama 7; 28 U.S.C. 1738c) which found section retrospective plan, completed in August
THE WHITE HOUSE, 3 of the Defense of Marriage Act 2011, under Executive Order 13563,
April 1, 2015 (DOMA) unconstitutional. By removing ‘‘Improving Regulation and Regulatory
Dated: December 11, 2015. all references to homosexual conduct, Review,’’ DoD’s full plan and updates
John E. Smith, acts or marriage as grounds for can be accessed at: http://
Acting Director, Office of Foreign Assets discharge, otherwise qualified www.regulations.gov/#!docketDetail;
Control. applicants are now free to apply and dct=FR+PR+N+O+SR;rpp=10;po=
Approved: enroll in a military academy without 0;D=DOD-2011-OS-0036.
Dated: December 16, 2015. prejudice or fear of reprisal regardless of
their sexual orientation. This rule is Public Comment
Adam J. Szubin,
Acting Under Secretary, Office of Terrorism required immediately to remove any Notice and comment are not required
and Financial Intelligence, Department of the legal and policy restrictions which for this rule under the Administrative
Treasury. would prevent a potential applicant Procedure Act because, as the rule
[FR Doc. 2015–32881 Filed 12–30–15; 8:45 am] from entry into a military academy establishes policy, assigns
BILLING CODE P
based solely on their sexual orientation. responsibility, and prescribes
Additionally, the academies must procedures for DoD oversight of the
attract, recruit and retain high achieving academies, it directly relates to a
DEPARTMENT OF DEFENSE citizens who are pursuing military function of the United States
undergraduate degrees critical to the (See 5 U.S.C. 553(a)(1)). However, DoD
Office of the Secretary DoD’s national security mission. A previously published a proposed rule on
highly qualified and diverse pool of October 18, 2007 (72 FR 59053–59064),
32 CFR Part 217 citizens is needed to replenish and but that version was never finalized.
fortify DoD’s workforce. The academies One public comment was received that
[Docket ID: DOD–2007–OS–0001] finance higher education and provide was provided as a means for
RIN 0790–AI19 opportunities to individuals who may improvement.
not otherwise have the means nor the Comment: The comment received
tkelley on DSK3SPTVN1PROD with RULES
Service Academies opportunity to pursue. Furthermore, concerned the protocol requiring that all
AGENCY: Office of the Under Secretary of because the Military Services provide new cadets and midshipmen to undergo
Defense for Personnel and Readiness, critical national security, providing Human Immunodeficiency Virus (HIV),
DoD. them with a skilled and talented drug, and alcohol testing within 72
workforce is vitally necessary to defend hours of reception, and the requirement
ACTION: Final rule.
the United States. Updating these that any appointment as a cadet or
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Document Created: 2015-12-31 02:14:40
Document Modified: 2015-12-31 02:14:40
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective: December 31, 2015. | |
| Contact | The Department of the Treasury's Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 202-622-4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the Department of the Treasury's Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410. | |
| FR Citation | 80 FR 81752 | |
| CFR Associated | Administrative Practice and Procedure; Banking; Banks; Blocking of Assets; Brokers; Credit; Critical Infrastructure; Cyber; Cybersecurity; Foreign Trade; Investments; Loans; Securities; Services and Trade Secrets |
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