81 FR 17384 - Highly Enriched Uranium (HEU) Agreement Assets Control Regulations

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control

Federal Register Volume 81, Issue 60 (March 29, 2016)

Page Range		17384-17385
FR Document		2016-06874

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is removing from the Code of Federal Regulations the Highly Enriched Uranium (HEU) Agreement Assets Control Regulations as a result of the termination of the national emergency on which the regulations were based.

Federal Register, Volume 81 Issue 60 (Tuesday, March 29, 2016)

[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Rules and Regulations]
[Pages 17384-17385]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06874]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 540


Highly Enriched Uranium (HEU) Agreement Assets Control 
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 removing from the Code of Federal Regulations the 
Highly Enriched Uranium (HEU) Agreement Assets Control Regulations as a 
result of the termination of the national emergency on which the 
regulations were based.

DATES: Effective: March 29, 2016.

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 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 June 21, 2000, the President signed Executive Order 13159, 
``Blocking Property of the Government of the Russian Federation 
Relating to the Disposition of Highly Enriched Uranium Extracted from 
Nuclear Weapons'' (E.O. 13159), finding that the risk of nuclear 
proliferation created by the accumulation of a large volume of weapons-
usable fissile material in the territory of the Russian Federation 
constituted an unusual and extraordinary threat to the national 
security and foreign policy of the United States, and declaring a 
national emergency to deal with that threat. In E.O. 13159, the 
President ordered blocked the property and interests in property of the 
Russian Federation directly related to the implementation of the 
Agreement Between the Government of the United States of America and 
the Government of the Russian Federation Concerning the Disposition of 
Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 
18, 1993, and related contracts and agreements (collectively, the ``HEU 
Agreements'').
    On July 25, 2001, OFAC issued the Highly Enriched Uranium (HEU) 
Agreement Assets Control Regulations, 31 CFR part 540 (the 
``Regulations''), as a final rule to implement Executive Order 13159.
    On June 21, 2012, the national emergency declared in E.O. 13159 
automatically terminated pursuant to section 202(d) of the National 
Emergencies Act, 50 U.S.C. 1622(d) (NEA).
    On June 25, 2012, President Obama signed Executive Order 13617, 
``Blocking Property of the Government of the Russian Federation 
Relating to the Disposition of Highly Enriched Uranium

[[Page 17385]]

Extracted From Nuclear Weapons'' (E.O. 13617). In E.O. 13617, the 
President found that the risk of nuclear proliferation created by the 
accumulation of a large volume of weapons-usable fissile material in 
the territory of the Russian Federation constituted an unusual and 
extraordinary threat to the national security and foreign policy of the 
United States, and declared a new national emergency to deal with that 
threat. The President issued E.O. 13617 to continue to protect the same 
property and interests in property that had been blocked pursuant to 
the national emergency declared in E.O. 13159.
    On May 26, 2015, the President issued Executive Order 13695, 
``Termination of Emergency With Respect to the Risk of Nuclear 
Proliferation Created by the Accumulation of a Large Volume of Weapons-
Usable Fissile Material in the Territory of the Russian Federation'' 
(E.O. 13695). In E.O. 13695, the President found that the situation 
that gave rise to the declaration of a national emergency in E.O. 13617 
had been significantly altered by the successful implementation of the 
HEU Agreements. As a result, he terminated the national emergency 
declared in E.O. 13617 and revoked that order, noting that, pursuant to 
section 202 of the NEA (50 U.S.C. 1622), termination of the national 
emergency shall not affect any action taken or proceeding pending that 
was not fully concluded or determined as of the date of E.O. 13695, any 
action or proceeding based on any act committed prior to such date, or 
any rights or duties that matured or penalties that were incurred prior 
to such date.
    Accordingly, OFAC is removing the Regulations from the Code of 
Federal Regulations. Removal of this part does not affect ongoing 
enforcement proceedings or prevent the initiation of enforcement 
proceedings with respect to violations of the Regulations or of E.O. 
13617 when they were in effect.

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 Paperwork Reduction Act does not apply because this rule does 
not impose information collection requirements that would require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.

List of Subjects in 31 CFR Part 540

    Administrative practice and procedure, Blocking of assets, 
Government of the Russian Federation, HEU Agreement, Nuclear materials, 
Penalties, Reporting and recordkeeping requirements, Uranium.
    For the reasons set forth in the preamble, and under the authority 
of 3 U.S.C. 301; 50 U.S.C. 1601-1651; E.O. 13159, 66 FR 39279, 3 CFR, 
2001 Comp., p. 277; E.O. 13617, 77 FR 38459, 3 CFR, 2013 Comp., p. 217; 
E.O. 13695, 80 FR 30331, OFAC amends 31 CFR chapter V as follows:

PART 540--[REMOVED]

0
1. Remove part 540.

    Dated: March 22, 2016.
John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2016-06874 Filed 3-28-16; 8:45 am]
 BILLING CODE P

17384 Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations

R–4403B Stennis Space Center, MS [New] 89°35′27″ W,; to lat. 30°28′47″ N., long. Foreign Assets Control: Assistant
Boundaries. Beginning at lat. 30°29′37″ N., 89°35′27″ W.; to the point of beginning. Director for Licensing, tel.: 202–622–
long. 89°35′16″ W.; to lat. 30°29′37″ N., long. Designated altitudes. Surface to 10,000 feet 2480, Assistant Director for Regulatory
89°32′33″ W.; thence clockwise along a 0.85– MSL. Affairs, tel.: 202/622–4855, Assistant
NM arc centered at lat. 30°28′46″ N., long. Time of designation. Intermittent, 2000 to
0500 local time, as activated by NOTAM at
Director for Sanctions Compliance &
89°32′33″ W.; to lat. 30°28′46″ N., long. Evaluation, tel.: 202/622–2490, or the
89°31′34″ W.; to lat. 30°26′25″ N., long. least 24 hours in advance; and 1800 to 2000
local time, November 1 to March 1, as Department of the Treasury’s Office of
89°31′34″ W.; to lat. 30°24′02″ N., long.
89°31′34″ W.; thence counterclockwise along activated by NOTAM at least 24 hours in the Chief Counsel (Foreign Assets
a 4.2–NM arc centered at lat. 30°22′04″ N., advance, not to exceed 20 days per year. Control), Office of the General Counsel,
long. 89°27′17″ W.; to lat. 30°20′28″ N., long. Controlling agency. FAA, Houston ARTCC. tel.: 202/622–2410.
89°31′46″ W.; to lat. 30°19′19″ N., long. Using agency. U.S. Navy, Commander, SUPPLEMENTARY INFORMATION:
89°35′32″ W.; to lat. 30°18′23″ N., long. Naval Special Warfare Command, Naval
89°40′17″ W.; to lat. 30°21′08″ N., long. Special Warfare N31 Branch, Stennis Space Electronic and Facsimile Availability
89°42′25″ W.; to lat. 30°22′22″ N., long. Center, Bay St. Louis, MS. This document and additional
89°42′58″ W.; to lat. 30°23′44″ N., long. R–4403F Stennis Space Center, MS [New] information concerning OFAC are
89°42′43″ W.; to lat. 30°26′40″ N., long. available from OFAC’s Web site
89°40′51″ W.; thence counterclockwise along Boundaries. Beginning at lat. 30°29′37″ N.,
a 3–NM arc centered at lat. 30°29′15″ N., long. 89°35′16″ W.; thence clockwise along a (www.treasury.gov/ofac). Certain general
long. 89°39′04″ W.; to lat. 30°27′08″ N., long. 2.5–NM arc centered at lat. 30°28′46″ N., information pertaining to OFAC’s
89°36′37″ W.; to lat. 30°27′58″ N., long. long. 89°32′33″ W.; to lat. 30°26′25″ N., long. sanctions programs also is available via
89°35′27″ W.; to lat. 30°28′47″ N., long. 89°31′34″ W.; to lat. 30°28′46″ N., long. facsimile through a 24-hour fax-on-
89°35′27″ W.; to the point of beginning. 89°31′34″ W.; thence counterclockwise along demand service, tel.: 202/622–0077.
Designated altitudes. Surface to 6,000 feet a 0.85–NM arc centered at lat. 30°28′46″ N.,
MSL. long. 89°32′33″ W.; to lat. 30°29′37″ N., long. Background
Time of designation. Intermittent, 1000 to 89°32′33″ W.; to the point of beginning. On June 21, 2000, the President
0300 local time, as activated by NOTAM at Designated altitudes. 4,000 feet MSL to signed Executive Order 13159,
least 24 hours in advance. 10,000 feet MSL.
Time of designation. Intermittent, 2000 to
‘‘Blocking Property of the Government
Controlling agency. FAA, Houston ARTCC.
0500 local time, as activated by NOTAM at of the Russian Federation Relating to the
Using agency. NASA, Director, Stennis
Space Center, Bay St. Louis, MS. least 24 hours in advance; and 1800 to 2000 Disposition of Highly Enriched Uranium
local time, November 1 to March 1, as Extracted from Nuclear Weapons’’ (E.O.
R–4403C Stennis Space Center, MS [New] activated by NOTAM at least 24 hours in 13159), finding that the risk of nuclear
Boundaries. Beginning at lat. 30°27′58″ N., advance, not to exceed 20 days per year. proliferation created by the
long. 89°35′27″ W.; to lat. 30°22′35″ N., long. Controlling agency. FAA, Houston ARTCC. accumulation of a large volume of
89°35′27″ W.; to lat. 30°22′35″ N., long. Using agency. U.S. Navy, Commander, weapons-usable fissile material in the
89°32′06″ W.; thence counterclockwise along Naval Special Warfare Command, Naval territory of the Russian Federation
a 4.2–NM arc centered at lat. 30°22′04″ N., Special Warfare N31 Branch, Stennis Space constituted an unusual and
long. 89°27′17″ W.; to lat. 30°20′28″ N., long. Center, Bay St. Louis, MS.
extraordinary threat to the national
89°31′46″ W.; to lat. 30°19′19″ N., long.
89°35′32″ W.; to lat. 30°18′23″ N., long. Issued in Washington, DC on March 23, security and foreign policy of the United
89°40′17″ W.; to lat. 30°21′08″ N., long. 2016. States, and declaring a national
89°42′25″ W.; to lat. 30°22′22″ N., long. Leslie M. Swann, emergency to deal with that threat. In
89°42′58″ W.; to lat. 30°23′44″ N., long. Acting Manager, Airspace Policy Group. E.O. 13159, the President ordered
89°42′43″ W.; to lat. 30°26′40″ N., long.
[FR Doc. 2016–07055 Filed 3–28–16; 8:45 am]
blocked the property and interests in
89°40′51″ W.; thence counterclockwise along property of the Russian Federation
a 3–NM arc centered at lat. 30°29′15″ N., BILLING CODE 4910–13–P
directly related to the implementation of
long. 89°39′04″ W.; to lat. 30°27′08″ N., long. the Agreement Between the Government
89°36′37″ W.; to the point of beginning.
of the United States of America and the
Designated altitudes. Surface to 10,000 feet DEPARTMENT OF THE TREASURY
MSL. Government of the Russian Federation
Time of designation. Intermittent, 2000 to Office of Foreign Assets Control Concerning the Disposition of Highly
0500 local time, as activated by NOTAM at Enriched Uranium Extracted from
least 24 hours in advance; and 1800 to 2000 31 CFR Part 540 Nuclear Weapons, dated February 18,
local time, November 1 to March 1, as 1993, and related contracts and
activated by NOTAM at least 24 hours in Highly Enriched Uranium (HEU) agreements (collectively, the ‘‘HEU
advance, not to exceed 20 days per year. Agreements’’).
Controlling agency. FAA, Houston ARTCC.
Agreement Assets Control Regulations
On July 25, 2001, OFAC issued the
Using agency. U.S. Navy, Commander, AGENCY: Office of Foreign Assets Highly Enriched Uranium (HEU)
Naval Special Warfare Command, Naval Control, Treasury
Special Warfare N31 Branch, Stennis Space
Agreement Assets Control Regulations,
ACTION: Final rule. 31 CFR part 540 (the ‘‘Regulations’’), as
Center, Bay St. Louis, MS.
a final rule to implement Executive
R–4403E Stennis Space Center, MS [New] SUMMARY: The Department of the Order 13159.
Boundaries. Beginning at lat. 30°29′37″ N., Treasury’s Office of Foreign Assets On June 21, 2012, the national
long. 89°35′16″ W.; to lat. 30°29′37″ N., long. Control (OFAC) is removing from the emergency declared in E.O. 13159
89°32′33″ W.; thence clockwise along a Code of Federal Regulations the Highly automatically terminated pursuant to
0.85M arc centered at lat. 30°28′46″ N., long. Enriched Uranium (HEU) Agreement section 202(d) of the National
mstockstill on DSK4VPTVN1PROD with RULES

89°32′33″ W.; to lat. 30°28′46″ N., long. Assets Control Regulations as a result of Emergencies Act, 50 U.S.C. 1622(d)
89°31′34″ W.; to lat. 30°26′25″ N., long. the termination of the national
89°31′34″ W.; to lat. 30°24′02″ N., long.
(NEA).
emergency on which the regulations On June 25, 2012, President Obama
89°31′34″ W.; thence counterclockwise along were based.
a 4.2–NM arc centered at lat. 30°22′04″ N., signed Executive Order 13617,
long. 89°27′17″ W.; to lat. 30°22′35″ N., long. DATES: Effective: March 29, 2016. ‘‘Blocking Property of the Government
89°32′06″ W.; to lat. 30°22′35″ N., long. FOR FURTHER INFORMATION CONTACT: The of the Russian Federation Relating to the
89°35′27″ W.; to lat. 30°27′58″ N., long. Department of the Treasury’s Office of Disposition of Highly Enriched Uranium

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Federal Register / Vol. 81, No. 60 / Tuesday, March 29, 2016 / Rules and Regulations 17385

Extracted From Nuclear Weapons’’ (E.O. requirements that would require the DATES: Effective April 28, 2016.
13617). In E.O. 13617, the President approval of the Office of Management FOR FURTHER INFORMATION CONTACT: Ms.
found that the risk of nuclear and Budget under 44 U.S.C. 3501 et seq. Katherine Brennan, (703) 692–6721.
proliferation created by the SUPPLEMENTARY INFORMATION: On May
List of Subjects in 31 CFR Part 540
accumulation of a large volume of 19, 2015, the Department of the Army
weapons-usable fissile material in the Administrative practice and published an interim rule in the Federal
territory of the Russian Federation procedure, Blocking of assets, Register (80 FR 28545), as 32 CFR part
constituted an unusual and Government of the Russian Federation, 635, to amend its regulation concerning
extraordinary threat to the national HEU Agreement, Nuclear materials, law enforcement reporting for a number
security and foreign policy of the United Penalties, Reporting and recordkeeping of statutory requirements to better
States, and declared a new national requirements, Uranium. coordinate law enforcement work and
emergency to deal with that threat. The For the reasons set forth in the personnel both within the Department
President issued E.O. 13617 to continue preamble, and under the authority of 3 of the Army, across DoD, and with other
to protect the same property and U.S.C. 301; 50 U.S.C. 1601–1651; E.O. Federal, State, and local law
interests in property that had been 13159, 66 FR 39279, 3 CFR, 2001 enforcement officials.
blocked pursuant to the national Comp., p. 277; E.O. 13617, 77 FR 38459, The interim rule met law enforcement
emergency declared in E.O. 13159. 3 CFR, 2013 Comp., p. 217; E.O. 13695, reporting requirements for selected
On May 26, 2015, the President issued 80 FR 30331, OFAC amends 31 CFR criminal and national security incidents
Executive Order 13695, ‘‘Termination of chapter V as follows: and provides law enforcement agencies,
Emergency With Respect to the Risk of such as the Department of Homeland
Nuclear Proliferation Created by the PART 540—[REMOVED] Security and Transportation Security
Accumulation of a Large Volume of Administration, with the most current
Weapons-Usable Fissile Material in the ■ 1. Remove part 540.
information available. It also provided
Territory of the Russian Federation’’ Dated: March 22, 2016. the Army chain of command with
(E.O. 13695). In E.O. 13695, the John E. Smith, timely criminal information to respond
President found that the situation that Acting Director, Office of Foreign Assets to queries from the Department of
gave rise to the declaration of a national Control. Defense, the news media, and others.
emergency in E.O. 13617 had been [FR Doc. 2016–06874 Filed 3–28–16; 8:45 am] The rule established policies and
significantly altered by the successful BILLING CODE P procedures for offense and serious-
implementation of the HEU Agreements. incident reporting with the Army; for
As a result, he terminated the national reporting to DoD and the Department of
emergency declared in E.O. 13617 and Justice, as appropriate; and for
DEPARTMENT OF DEFENSE
revoked that order, noting that, pursuant participating in the Federal Bureau of
to section 202 of the NEA (50 U.S.C. Department of the Army Investigation’s National Crime
1622), termination of the national Information Center, the Department of
emergency shall not affect any action 32 CFR Part 635 Justice’s Criminal Justice Information
taken or proceeding pending that was System, the National Law Enforcement
not fully concluded or determined as of [Docket No. USA–2010–0020] Telecommunications System, and State
the date of E.O. 13695, any action or RIN 0702–AA62 criminal justice systems. It also updated
proceeding based on any act committed various reporting requirements
prior to such date, or any rights or Law Enforcement Reporting described in various Federal statutes.
duties that matured or penalties that
were incurred prior to such date. AGENCY: Department of the Army, DoD. I. Public Comments
Accordingly, OFAC is removing the ACTION: Final rule. The publication of this rule finalizes
Regulations from the Code of Federal the interim final rule published on May
Regulations. Removal of this part does SUMMARY: This rule adopts as final, with 19, 2015, and will ensure the Army is
not affect ongoing enforcement minor administrative changes, an in compliance with multiple
proceedings or prevent the initiation of interim rule of the Department of the Department of Defense and Federal
enforcement proceedings with respect to Army to amend its regulation requirements. No comments were
violations of the Regulations or of E.O. concerning law enforcement reporting received on the interim rule; however,
13617 when they were in effect. for a number of statutory requirements the Department of the Army is making
to better coordinate law enforcement minor administrative changes based on
Public Participation work and personnel both within the the name change of a form and reporting
Because the Regulations involve a Department of the Army, across the system mentioned in the rule.
foreign affairs function, the provisions Department of Defense (DoD), and with
of Executive Order 12866 and the other Federal, State, and local law II. Cost and Benefits
Administrative Procedure Act (5 U.S.C. enforcement officials. The Department This rule will not have a monetary
553) requiring notice of proposed of the Army is making minor effect upon the public. This rule
rulemaking, opportunity for public administrative changes based on the facilitates information sharing between
participation, and delay in effective date name change of a form and reporting authorized agencies to enhance
are inapplicable. Because no notice of system mentioned in the rule. The protection of personnel and resources
proposed rulemaking is required for this Centralized Operations Police Suite critical to DoD mission assurance.
mstockstill on DSK4VPTVN1PROD with RULES

rule, the Regulatory Flexibility Act (5 (COPS) Military Police Reporting
System (MPRS) name is changed to III. Retrospective Review
U.S.C. 601–612) does not apply.
Army Law Enforcement Reporting and The revisions to this rule will be
Paperwork Reduction Act Tracking System (ALERTS). The reported in future status updates as part
The Paperwork Reduction Act does Department of the Army Form 3975, of DoD’s retrospective plan under
not apply because this rule does not ‘‘Military Police Report’’ name was Executive Order 13563 completed in
impose information collection changed to ‘‘Law Enforcement Report’’. August 2011. DoD’s full plan can be

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Document Created: 2016-03-30 08:29:17
Document Modified: 2016-03-30 08:29:17

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: March 29, 2016.
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		81 FR 17384
CFR Associated		Administrative Practice and Procedure; Blocking of Assets; Government of the Russian Federation; Heu Agreement; Nuclear Materials; Penalties; Reporting and Recordkeeping Requirements and Uranium

81 FR 17384 - Highly Enriched Uranium (HEU) Agreement Assets Control Regulations

DEPARTMENT OF THE TREASURYOffice of Foreign Assets Control

Federal Register Volume 81, Issue 60 (March 29, 2016)

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control