81 FR 19878 - Burundi Sanctions Regulations
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control Federal Register Volume 81, Issue 66 (April 6, 2016)
Office of Foreign Assets Control
Federal Register Volume 81, Issue 66 (April 6, 2016)
| Page Range | 19878-19884 | |
| FR Document | 2016-07851 |
[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)] [Rules and Regulations] [Pages 19878-19884] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07851] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 554 Burundi 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 13712 of November 22, 2015 (``Blocking Property of Certain Persons Contributing to the Situation in Burundi''). OFAC intends to supplement this part 554 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: April 6, 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 November 22, 2015, the President issued Executive Order 13712 (80 FR 73633, November 25, 2015) (E.O. 13712), invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701-1706). OFAC is issuing the Burundi Sanctions Regulations, 31 CFR part 554 (the ``Regulations''), to implement E.O. 13712, pursuant to authorities delegated to the Secretary of the Treasury in E.O. 13712. A copy of E.O. 13712 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 554 with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, 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 554 Administrative practice and procedure, Banking, Banks, Blocking of assets, Brokers, Burundi, Credit, Foreign Trade, Investments, Loans, Securities, Services. For the reasons set forth in the preamble, the Department of the Treasury's Office of Foreign Assets Control adds part 554 to 31 CFR chapter V to read as follows: PART 554--BURUNDI SANCTIONS REGULATIONS Subpart A--Relation of This Part to Other Laws and Regulations Sec. 554.101 Relation of this part to other laws and regulations. Subpart B--Prohibitions 554.201 Prohibited transactions. 554.202 Effect of transfers violating the provisions of this part. 554.203 Holding of funds in interest-bearing accounts; investment and reinvestment. 554.204 Expenses of maintaining blocked property; liquidation of blocked property. Subpart C--General Definitions 554.300 Applicability of definitions. 554.301 Blocked account; blocked property. 554.302 Effective date. 554.303 Entity. 554.304 Financial, material, or technological support. 554.305 Interest. 554.306 Licenses; general and specific. 554.307 OFAC. 554.308 Person. 554.309 Property; property interest. 554.310 Transfer. 554.311 United States. 554.312 United States person; U.S. person. 554.313 U.S. financial institution. Subpart D--Interpretations 554.401 [Reserved] 554.402 Effect of amendment. 554.403 Termination and acquisition of an interest in blocked property. 554.404 Transactions ordinarily incident to a licensed transaction. 554.405 Setoffs prohibited. 554.406 Entities owned by one or more persons whose property and interests in property are blocked. Subpart E--Licenses, Authorizations, and Statements of Licensing Policy 554.501 General and specific licensing procedures. 554.502 [Reserved] 554.503 Exclusion from licenses. 554.504 Payments and transfers to blocked accounts in U.S. financial institutions. [[Page 19879]] 554.505 Entries in certain accounts for normal service charges authorized. 554.506 Provision of certain legal services authorized. 554.507 Payments for legal services from funds originating outside the United States authorized. 554.508 Authorization of emergency medical services. Subpart F and G --[Reserved] Subpart H--Procedures 554.801 [Reserved] 554.802 Delegation by the Secretary of the Treasury. Subpart I--Paperwork Reduction Act 554.901 Paperwork Reduction Act notice. APPENDIX A TO PART 554--Executive Order 13712 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. 13712, 80 FR 73633, November 25, 2015. Subpart A--Relation of This Part to Other Laws and Regulations Sec. 554.101 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. 554.101: 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 and additional general licenses and statements of licensing policy. Subpart B--Prohibitions Sec. 554.201 Prohibited transactions. All transactions prohibited pursuant to Executive Order 13712 of November 22, 2015, are also prohibited pursuant to this part. Note 1 to Sec. 554.201: The names of persons listed in or designated pursuant to Executive Order 13712, 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 ``[BURUNDI].'' 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. 554.406 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. 554.201: 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-BURUNDI]''. Note 3 to Sec. 554.201: 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. 554.202 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. 554.201, 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. 554.201, 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 [[Page 19880]] 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. 554.201. Sec. 554.203 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 or authorized by OFAC, any U.S. person holding funds, such as currency, bank deposits, or liquidated financial obligations, subject to Sec. 554.201 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. 554.201 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. 554.201 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 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. 554.201, nor may their holder cooperate in or facilitate the pledging or other attempted use as collateral of blocked funds or other assets. Sec. 554.204 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. 554.201 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. 554.201 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. 554.300 Applicability of definitions. The definitions in this subpart apply throughout the entire part. Sec. 554.301 Blocked account; blocked property. The terms blocked account and blocked property shall mean any account or property subject to the prohibitions in Sec. 554.201 held in the name of a person whose property and interests in property are blocked pursuant to Sec. 554.201, 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. 554.301: See Sec. 554.406 concerning the blocked status of property and interests in property of an entity that is 50 percent or more owned by one or more persons whose property and interests in property are blocked pursuant to Sec. 554.201. Sec. 554.302 Effective date. The term effective date refers to the effective date of the applicable prohibitions and directives contained in this part as follows: (a) With respect to a person listed in the Annex to E.O. 13712 of November 22, 2015, 12:01 a.m. eastern standard time on November 23, 2015; and (b) With respect to a person whose property and interest in property are otherwise blocked pursuant to Sec. 554.201, the earlier of the date of actual or constructive notice that such person's property and interests in property are blocked. Sec. 554.303 Entity. The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. Sec. 554.304 Financial, material, or technological support. The term financial, material,or technological support, as used in Executive Order 13712 of November 22, 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. 554.305 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. 554.306 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 [[Page 19881]] 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. 554.306: See Sec. 501.801 of this chapter on licensing procedures. Sec. 554.307 OFAC. The term OFAC means the Department of the Treasury's Office of Foreign Assets Control. Sec. 554.308 Person. The term person means an individual or entity. Sec. 554.309 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. 554.310 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 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. 554.311 United States. The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority thereof. Sec. 554.312 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. 554.313 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. 554.401 [Reserved] Sec. 554.402 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. 554.403 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. 554.201, such property shall no longer be deemed to be property blocked pursuant to Sec. 554.201, unless there exists in the property another interest that is blocked pursuant to Sec. 554.201, 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. 554.201, such property shall be deemed to be property in which such person has an interest and therefore blocked. Sec. 554.404 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. 554.201; 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. [[Page 19882]] Sec. 554.405 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. 554.201 if effected after the effective date. Sec. 554.406 Entities owned by one or more persons whose property and interests in property are blocked. Persons whose property and interests in property are blocked pursuant to Sec. 554.201 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. 554.201, 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. 554.501 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 Burundi sanctions page on OFAC's Web site: www.treasury.gov/ofac. Sec. 554.502 [Reserved] Sec. 554.503 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. 554.504 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. 554.201 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 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. 554.504: See Sec. 501.603 of this chapter for mandatory reporting requirements regarding financial transfers. See also Sec. 554.203 concerning the obligation to hold blocked funds in interest-bearing accounts. Sec. 554.505 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. 554.506 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. 554.201 or any further Executive orders relating to the national emergency declared in Executive Order 13712 of November 22, 2015, is authorized, provided that receipt of payment of professional fees and reimbursement of incurred expenses must be specifically licensed, authorized pursuant to Sec. 554.507, 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. 554.201 or any further Executive orders relating to the national emergency declared in Executive Order 13712 of November 22, 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. 554.201 or any further Executive orders relating to the national emergency declared in Executive Order 13712 of November 22, 2015, is prohibited unless licensed pursuant to this part. Note to Sec. 554.506: 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. 554.507 Payments for legal services from funds originating outside the United States authorized. (a) Receipt of payment of professional fees and reimbursement of incurred expenses for the provision of legal services authorized pursuant to Sec. 554.506(a) to or on behalf of any [[Page 19883]] person whose property and interests in property are blocked pursuant to Sec. 554.201 or any further Executive orders relating to the national emergency declared in Executive Order 13712 of November 22, 2015, is 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. 554.506(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. 554.506(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 Sec. 554.507: This paragraph authorizes the blocked person on whose behalf the legal services authorized pursuant to Sec. 554.506(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. 554.201, 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. 554.506(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. 554.507: U.S. persons who receive payments in connection with legal services authorized pursuant to Sec. 554.506(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. 554.506(a). Sec. 554.508 Authorization of emergency medical services. The provision and receipt of nonscheduled emergency medical services that are otherwise prohibited by this part or any further Executive orders relating to the national emergency declared in Executive Order 13712 of November 22, 2015, are authorized. Subparts F and G--[Reserved] Subpart H--Procedures Sec. 554.801 [Reserved] Sec. 554.802 Delegation by the Secretary of the Treasury. Any action that the Secretary of the Treasury is authorized to take pursuant to Executive Order 13712 of November 22, 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. 554.901 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, 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 554--Executive Order 13712 Executive Order 13712 of November 22, 2015 Blocking the Property of Certain Persons Contributing to the Situation in Burundi 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 situation in Burundi, which has been marked by the killing of and violence against civilians, unrest, the incitement of imminent violence, and significant political repression, and which threatens the peace, security, and stability of Burundi, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States, and I hereby declare a national emergency to deal with that threat. 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) the persons listed in the Annex to this order; and (ii) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (A) to be responsible for or complicit in, or to have engaged in, directly or indirectly, any of the following in or in relation to Burundi: (1) actions or policies that threaten the peace, security, or stability of Burundi; (2) actions or policies that undermine democratic processes or institutions in Burundi; (3) human rights abuses; (4) the targeting of women, children, or any civilians through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through other conduct that may constitute a serious abuse or violation of human rights or a violation of international humanitarian law; (5) actions or policies that prohibit, limit, or penalize the exercise of freedom of expression or freedom of peaceful assembly; (6) the use or recruitment of children by armed groups or armed forces; (7) the obstruction of the delivery or distribution of, or access to, humanitarian assistance; or (8) attacks, attempted attacks, or threats against United Nations missions, international security presences, or other peacekeeping operations; (B) to be a leader or official of: (1) an entity, including any government entity or armed group, that has, or whose members have, engaged in any of the activities described in subsection (a)(ii)(A) of this section; or (2) an entity whose property and interests in property are blocked pursuant to this order; (C) to have materially assisted, sponsored, or provided financial, material, or [[Page 19884]] technological support for, or goods or services to or in support of: (1) any of the activities described in subsection (a)(ii)(A) of this section; or (2) any person whose property and interests in property are blocked pursuant to this order; or (D) 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. (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 find that the unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in subsection 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. 3. 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. 4. 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. 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; and (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. 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 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 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 Secretary of State, is hereby authorized to determine that circumstances no longer warrant the blocking of the property and interests in property of a person listed in the Annex to this order, and to take necessary action to give effect to that determination. Sec. 10. The Secretary of the Treasury, in consultation with 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. 11. 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. Sec. 12. This order is effective at 12:01 a.m. eastern standard time on November 23, 2015. Barack Obama THE WHITE HOUSE, November 22, 2015 ANNEX 1. Alain Guillaume Bunyoni [Minister of Public Security; born January 2, 1972] 2. Cyrille Ndayirukiye [Former Defense Minister; born July 8, 1954] 3. Godefroid Niyombare [Major General; born October 18, 1969] 4. Godefroid Bizimana [born April 23, 1968] Dated March 23, 2016. John E. Smith, Acting Director, Office of Foreign Assets Control. Approved: Dated: March 29, 2016. Adam J. Szubin, Acting Under Secretary, Office of Terrorism and Financial Intelligence, Department of the Treasury. [FR Doc. 2016-07851 Filed 4-5-16; 8:45 am] BILLING CODE 4810-AL-P
![19878 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations
• § 169.407 How will payment rights Evaluation, tel.: 202–622–2490; or the sponsor, and a person is not required to
relating to a right-of-way grant be Department of the Treasury’s Office of respond to, a collection of information
allocated? the Chief Counsel (Foreign Assets unless the collection of information
• § 169.408 What is the process for Control), Office of the General Counsel, displays a valid control number.
cancelling a right-of-way for non-use or tel.: 202–622–2410.
List of Subjects in 31 CFR Part 554
abandonment? SUPPLEMENTARY INFORMATION:
• § 169.409 When will a cancellation Administrative practice and
of a right-of-way grant be effective? Electronic and Facsimile Availability procedure, Banking, Banks, Blocking of
• § 169.410 What will BIA do if a This document and additional assets, Brokers, Burundi, Credit, Foreign
grantee remains in possession after a information concerning OFAC are Trade, Investments, Loans, Securities,
right-of-way expires or is terminated or available from OFAC’s Web site Services.
cancelled? (www.treasury.gov/ofac). Certain general For the reasons set forth in the
• § 169.411 Will BIA appeal bond information pertaining to OFAC’s preamble, the Department of the
regulations apply to cancellation sanctions programs also is available via Treasury’s Office of Foreign Assets
decisions involving right-of-way grants? facsimile through a 24-hour fax-on- Control adds part 554 to 31 CFR chapter
• § 169.412 When will BIA issue a demand service, tel.: 202/622–0077. V to read as follows:
decision on an appeal from a right-of- Background
way decision? PART 554—BURUNDI SANCTIONS
• § 169.415 How will BIA conduct On November 22, 2015, the President REGULATIONS
compliance and enforcement when issued Executive Order 13712 (80 FR
73633, November 25, 2015) (E.O. Subpart A—Relation of This Part to Other
there is a life estate on the tract? Laws and Regulations
All other provisions of the final rule 13712), invoking the authority of, inter
alia, the International Emergency Sec.
are general statements or apply 554.101 Relation of this part to other laws
prospectively only. A chart providing Economic Powers Act (50 U.S.C. 1701– and regulations.
more information on each provision and 1706). OFAC is issuing the Burundi
Sanctions Regulations, 31 CFR part 554 Subpart B—Prohibitions
how it applies can be viewed at: http://
www.bia.gov/WhoWeAre/AS–IA/ORM/ (the ‘‘Regulations’’), to implement E.O. 554.201 Prohibited transactions.
RightsofWay/index.htm. 13712, pursuant to authorities delegated 554.202 Effect of transfers violating the
to the Secretary of the Treasury in E.O. provisions of this part.
Dated: March 29, 2016. 554.203 Holding of funds in interest-
13712. A copy of E.O. 13712 appears in
Lawrence S. Roberts, bearing accounts; investment and
Appendix A to this part. reinvestment.
Acting Assistant Secretary—Indian Affairs. The Regulations are being published 554.204 Expenses of maintaining blocked
[FR Doc. 2016–07868 Filed 4–5–16; 8:45 am] in abbreviated form at this time for the property; liquidation of blocked
BILLING CODE 4337–15–P purpose of providing immediate property.
guidance to the public. OFAC intends to
Subpart C—General Definitions
supplement this part 554 with a more
DEPARTMENT OF THE TREASURY comprehensive set of regulations, which 554.300 Applicability of definitions.
may include additional interpretive and 554.301 Blocked account; blocked
property.
Office of Foreign Assets Control definitional guidance, and additional 554.302 Effective date.
general licenses and statements of 554.303 Entity.
31 CFR Part 554 licensing policy. The appendix to the 554.304 Financial, material, or
Regulations will be removed when technological support.
Burundi Sanctions Regulations OFAC supplements this part with a 554.305 Interest.
more comprehensive set of regulations. 554.306 Licenses; general and specific.
AGENCY: Office of Foreign Assets 554.307 OFAC.
Control, Treasury. Public Participation 554.308 Person.
ACTION: Final rule. Because the Regulations involve a 554.309 Property; property interest.
foreign affairs function, the provisions 554.310 Transfer.
SUMMARY: The Department of the 554.311 United States.
Treasury’s Office of Foreign Assets of Executive Order 12866 and the 554.312 United States person; U.S. person.
Control (OFAC) is issuing regulations to Administrative Procedure Act (5 U.S.C. 554.313 U.S. financial institution.
implement Executive Order 13712 of 553) requiring notice of proposed
rulemaking, opportunity for public Subpart D—Interpretations
November 22, 2015 (‘‘Blocking Property 554.401 [Reserved]
of Certain Persons Contributing to the participation, and delay in effective date
are inapplicable. Because no notice of 554.402 Effect of amendment.
Situation in Burundi’’). OFAC intends 554.403 Termination and acquisition of an
to supplement this part 554 with a more proposed rulemaking is required for this
interest in blocked property.
comprehensive set of regulations, which rule, the Regulatory Flexibility Act (5 554.404 Transactions ordinarily incident to
may include additional interpretive and U.S.C. 601–612) does not apply. a licensed transaction.
definitional guidance and additional Paperwork Reduction Act 554.405 Setoffs prohibited.
general licenses and statements of 554.406 Entities owned by one or more
The collections of information related persons whose property and interests in
licensing policy. to the Regulations are contained in 31 property are blocked.
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DATES: Effective: April 6, 2016. CFR part 501 (the ‘‘Reporting,
Subpart E—Licenses, Authorizations, and
FOR FURTHER INFORMATION CONTACT: The Procedures and Penalties Regulations’’). Statements of Licensing Policy
Department of the Treasury’s Office of Pursuant to the Paperwork Reduction
554.501 General and specific licensing
Foreign Assets Control: Assistant Act of 1995 (44 U.S.C. 3507), those procedures.
Director for Licensing, tel.: 202–622– collections of information have been 554.502 [Reserved]
2480, Assistant Director for Regulatory approved by the Office of Management 554.503 Exclusion from licenses.
Affairs, tel.: 202–622–4855, Assistant and Budget under control number 1505– 554.504 Payments and transfers to blocked
Director for Sanctions Compliance & 0164. An agency may not conduct or accounts in U.S. financial institutions.
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554.505 Entries in certain accounts for Subpart B—Prohibitions power, or privilege with respect to, or
normal service charges authorized. any interest in, any property or interest
554.506 Provision of certain legal services § 554.201 Prohibited transactions. in property blocked pursuant to
authorized. All transactions prohibited pursuant § 554.201, unless the person who holds
554.507 Payments for legal services from to Executive Order 13712 of November or maintains such property, prior to that
funds originating outside the United 22, 2015, are also prohibited pursuant to
States authorized.
date, had written notice of the transfer
554.508 Authorization of emergency
this part. or by any written evidence had
medical services.
Note 1 to § 554.201: The names of recognized such transfer.
persons listed in or designated pursuant (c) Unless otherwise provided, a
Subpart F and G —[Reserved] to Executive Order 13712, whose license or other authorization issued by
Subpart H—Procedures property and interests in property OFAC before, during, or after a transfer
554.801 [Reserved]
therefore are blocked pursuant to this shall validate such transfer or make it
554.802 Delegation by the Secretary of the section, are published in the Federal enforceable to the same extent that it
Treasury. Register and incorporated into OFAC’s would be valid or enforceable but for
Specially Designated Nationals and the provisions of this part and any
Subpart I—Paperwork Reduction Act Blocked Persons List (SDN List) with regulation, order, directive, ruling,
554.901 Paperwork Reduction Act notice. the identifier ‘‘[BURUNDI].’’ The SDN instruction, or license issued pursuant
APPENDIX A TO PART 554—Executive List is accessible through the following to this part.
Order 13712 page on OFAC’s Web site: (d) Transfers of property that
www.treasury.gov/sdn. Additional otherwise would be null and void or
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); information pertaining to the SDN List unenforceable by virtue of the
50 U.S.C. 1601–1651, 1701–1706; Pub. L. can be found in Appendix A to this provisions of this section shall not be
101–410, 104 Stat. 890 (28 U.S.C. 2461 note);
chapter. See § 554.406 concerning deemed to be null and void or
Pub. L. 110–96, 121 Stat. 1011 (50 U.S.C.
1705 note); E.O. 13712, 80 FR 73633, entities that may not be listed on the unenforceable as to any person with
November 25, 2015. SDN List but whose property and whom such property is or was held or
interests in property are nevertheless maintained (and as to such person only)
Subpart A—Relation of This Part to blocked pursuant to this section. in cases in which such person is able to
Other Laws and Regulations Note 2 to § 554.201: The International establish to the satisfaction of OFAC
Emergency Economic Powers Act (50 each of the following:
§ 554.101 Relation of this part to other U.S.C. 1701–1706), in Section 203 (50 (1) Such transfer did not represent a
laws and regulations. U.S.C. 1702), authorizes the blocking of willful violation of the provisions of this
This part is separate from, and property and interests in property of a part by the person with whom such
independent of, the other parts of this person during the pendency of an property is or was held or maintained
chapter, with the exception of part 501 investigation. The names of persons (and as to such person only);
of this chapter, the recordkeeping and whose property and interests in (2) The person with whom such
reporting requirements and license property are blocked pending property is or was held or maintained
application and other procedures of investigation pursuant to this section did not have reasonable cause to know
which apply to this part. Actions taken also are published in the Federal or suspect, in view of all the facts and
pursuant to part 501 of this chapter with Register and incorporated into the SDN circumstances known or available to
respect to the prohibitions contained in List with the identifier ‘‘[BPI– such person, that such transfer required
this part are considered actions taken BURUNDI]’’. a license or authorization issued
pursuant to this part. Differing foreign Note 3 to § 554.201: Sections 501.806 pursuant to this part and was not so
policy and national security and 501.807 of this chapter describe the licensed or authorized, or, if a license or
circumstances may result in differing procedures to be followed by persons authorization did purport to cover the
interpretations of similar language seeking, respectively, the unblocking of transfer, that such license or
among the parts of this chapter. No funds that they believe were blocked authorization had been obtained by
license or authorization contained in or due to mistaken identity, or misrepresentation of a third party or
issued pursuant to those other parts administrative reconsideration of their withholding of material facts or was
authorizes any transaction prohibited by status as persons whose property and otherwise fraudulently obtained; and
this part. No license or authorization interests in property are blocked (3) The person with whom such
contained in or issued pursuant to any pursuant to this section. property is or was held or maintained
other provision of law or regulation filed with OFAC a report setting forth in
§ 554.202 Effect of transfers violating the full the circumstances relating to such
authorizes any transaction prohibited by provisions of this part.
this part. No license or authorization transfer promptly upon discovery that:
(a) Any transfer after the effective date (i) Such transfer was in violation of
contained in or issued pursuant to this that is in violation of any provision of
part relieves the involved parties from the provisions of this part or any
this part or of any regulation, order, regulation, ruling, instruction, license,
complying with any other applicable directive, ruling, instruction, or license
laws or regulations. or other directive or authorization
issued pursuant to this part, and that issued pursuant to this part;
Note to § 554.101: This part has been involves any property or interest in (ii) Such transfer was not licensed or
published in abbreviated form for the property blocked pursuant to § 554.201, authorized by OFAC; or
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purpose of providing immediate is null and void and shall not be the (iii) If a license did purport to cover
guidance to the public. OFAC intends to basis for the assertion or recognition of the transfer, such license had been
supplement this part with a more any interest in or right, remedy, power, obtained by misrepresentation of a third
comprehensive set of regulations, which or privilege with respect to such party or withholding of material facts or
may include additional interpretive and property or property interest. was otherwise fraudulently obtained.
definitional guidance and additional (b) No transfer before the effective Note to paragraph (d): The filing of a
general licenses and statements of date shall be the basis for the assertion report in accordance with the provisions
licensing policy. or recognition of any right, remedy, of paragraph (d)(3) of this section shall
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part or made available on OFAC’s Web assignment, power, conveyance, check, United States, but not such institutions’
site: www.treasury.gov/ofac. declaration, deed, deed of trust, power foreign branches, offices, or agencies.
(c) The term specific license means of attorney, power of appointment, bill
any license or authorization issued of sale, mortgage, receipt, agreement, Subpart D—Interpretations
pursuant to this part but not set forth in contract, certificate, gift, sale, affidavit, § 554.401 [Reserved]
subpart E of this part or made available or statement; the making of any
on OFAC’s Web site: www.treasury.gov/ payment; the setting off of any § 554.402 Effect of amendment.
ofac. obligation or credit; the appointment of Unless otherwise specifically
Note to § 554.306: See § 501.801 of any agent, trustee, or fiduciary; the provided, any amendment,
this chapter on licensing procedures. creation or transfer of any lien; the modification, or revocation of any
issuance, docketing, or filing of, or levy provision in or appendix to this part or
§ 554.307 OFAC. of or under, any judgment, decree, chapter or of any order, regulation,
The term OFAC means the attachment, injunction, execution, or ruling, instruction, or license issued by
Department of the Treasury’s Office of other judicial or administrative process OFAC does not affect any act done or
Foreign Assets Control. or order, or the service of any omitted, or any civil or criminal
§ 554.308 Person.
garnishment; the acquisition of any proceeding commenced or pending,
interest of any nature whatsoever by prior to such amendment, modification,
The term person means an individual reason of a judgment or decree of any or revocation. All penalties, forfeitures,
or entity. foreign country; the fulfillment of any and liabilities under any such order,
§ 554.309 Property; property interest. condition; the exercise of any power of regulation, ruling, instruction, or license
The terms property and property appointment, power of attorney, or continue and may be enforced as if such
interest include, but are not limited to, other power; or the acquisition, amendment, modification, or revocation
money, checks, drafts, bullion, bank disposition, transportation, importation, had not been made.
deposits, savings accounts, debts, exportation, or withdrawal of any
security. § 554.403 Termination and acquisition of
indebtedness, obligations, notes, an interest in blocked property.
guarantees, debentures, stocks, bonds, § 554.311 United States. (a) Whenever a transaction licensed or
coupons, any other financial authorized by or pursuant to this part
instruments, bankers acceptances, The term United States means the
United States, its territories and results in the transfer of property
mortgages, pledges, liens or other rights (including any property interest) away
in the nature of security, warehouse possessions, and all areas under the
jurisdiction or authority thereof. from a person whose property and
receipts, bills of lading, trust receipts, interests in property are blocked
bills of sale, any other evidences of title, § 554.312 United States person; U.S. pursuant to § 554.201, such property
ownership or indebtedness, letters of person. shall no longer be deemed to be
credit and any documents relating to property blocked pursuant to § 554.201,
any rights or obligations thereunder, The term United States person or U.S.
person means any United States citizen, unless there exists in the property
powers of attorney, goods, wares, another interest that is blocked pursuant
merchandise, chattels, stocks on hand, permanent resident alien, entity
organized under the laws of the United to § 554.201, the transfer of which has
ships, goods on ships, real estate not been effected pursuant to license or
mortgages, deeds of trust, vendors’ sales States or any jurisdiction within the
United States (including foreign other authorization.
agreements, land contracts, leaseholds, (b) Unless otherwise specifically
ground rents, real estate and any other branches), or any person in the United
States. provided in a license or other
interest therein, options, negotiable authorization issued pursuant to this
instruments, trade acceptances, § 554.313 U.S. financial institution. part, if property (including any property
royalties, book accounts, accounts interest) is transferred or attempted to
payable, judgments, patents, trademarks The term U.S. financial institution
be transferred to a person whose
or copyrights, insurance policies, safe means any U.S. entity (including its
property and interests in property are
deposit boxes and their contents, foreign branches) that is engaged in the
blocked pursuant to § 554.201, such
annuities, pooling agreements, services business of accepting deposits, making,
property shall be deemed to be property
of any nature whatsoever, contracts of granting, transferring, holding, or
in which such person has an interest
any nature whatsoever, and any other brokering loans or credits, or purchasing
and therefore blocked.
property, real, personal, or mixed, or selling foreign exchange, securities,
tangible or intangible, or interest or or commodity futures or options, or § 554.404 Transactions ordinarily incident
interests therein, present, future, or procuring purchasers and sellers to a licensed transaction.
contingent. thereof, as principal or agent. It includes Any transaction ordinarily incident to
depository institutions, banks, savings a licensed transaction and necessary to
§ 554.310 Transfer. banks, trust companies, securities give effect thereto is also authorized,
The term transfer means any actual or brokers and dealers, commodity futures except:
purported act or transaction, whether or and options brokers and dealers, (a) An ordinarily incident transaction,
not evidenced by writing, and whether forward contract and foreign exchange not explicitly authorized within the
or not done or performed within the merchants, securities and commodities terms of the license, by or with a person
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United States, the purpose, intent, or exchanges, clearing corporations, whose property and interests in
effect of which is to create, surrender, investment companies, employee property are blocked pursuant to
release, convey, transfer, or alter, benefit plans, and U.S. holding § 554.201; or
directly or indirectly, any right, remedy, companies, U.S. affiliates, or U.S. (b) An ordinarily incident transaction,
power, privilege, or interest with respect subsidiaries of any of the foregoing. This not explicitly authorized within the
to any property. Without limitation on term includes those branches, offices, terms of the license, involving a debit to
the foregoing, it shall include the and agencies of foreign financial a blocked account or a transfer of
making, execution, or delivery of any institutions that are located in the blocked property.
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§ 554.405 Setoffs prohibited. must be blocked in an account on the (2) Representation of persons named
A setoff against blocked property books of that financial institution. A as defendants in or otherwise made
(including a blocked account), whether transfer of funds or credit by a U.S. parties to legal, arbitration, or
by a U.S. bank or other U.S. person, is financial institution between blocked administrative proceedings before any
a prohibited transfer under § 554.201 if accounts in its branches or offices is U.S. federal, state, or local court or
effected after the effective date. authorized, provided that no transfer is agency;
made from an account within the (3) Initiation and conduct of legal,
§ 554.406 Entities owned by one or more United States to an account held outside arbitration, or administrative
persons whose property and interests in the United States, and further provided proceedings before any U.S. federal,
property are blocked.
that a transfer from a blocked account state, or local court or agency;
Persons whose property and interests may be made only to another blocked (4) Representation of persons before
in property are blocked pursuant to account held in the same name. any U.S. federal, state, or local court or
§ 554.201 have an interest in all Note to § 554.504: See § 501.603 of agency with respect to the imposition,
property and interests in property of an this chapter for mandatory reporting administration, or enforcement of U.S.
entity in which such blocked persons requirements regarding financial sanctions against such persons; and
own, whether individually or in the transfers. See also § 554.203 concerning (5) Provision of legal services in any
aggregate, directly or indirectly, a 50 the obligation to hold blocked funds in other context in which prevailing U.S.
percent or greater interest. The property interest-bearing accounts. law requires access to legal counsel at
and interests in property of such an public expense.
entity, therefore, are blocked, and such § 554.505 Entries in certain accounts for (b) The provision of any other legal
an entity is a person whose property normal service charges authorized. services to persons whose property and
and interests in property are blocked (a) A U.S. financial institution is interests in property are blocked
pursuant to § 554.201, regardless of authorized to debit any blocked account pursuant to § 554.201 or any further
whether the name of the entity is held at that financial institution in Executive orders relating to the national
incorporated into OFAC’s Specially payment or reimbursement for normal emergency declared in Executive Order
Designated Nationals and Blocked service charges owed it by the owner of 13712 of November 22, 2015, not
Persons List (SDN List). that blocked account. otherwise authorized in this part,
(b) As used in this section, the term requires the issuance of a specific
Subpart E—Licenses, Authorizations, normal service charges shall include license.
and Statements of Licensing Policy charges in payment or reimbursement (c) Entry into a settlement agreement
for interest due; cable, telegraph, or the enforcement of any lien,
§ 554.501 General and specific licensing
procedures.
internet, or telephone charges; postage judgment, arbitral award, decree, or
costs; custody fees; small adjustment other order through execution,
For provisions relating to licensing charges to correct bookkeeping errors; garnishment, or other judicial process
procedures, see part 501, subpart E of and, but not by way of limitation, purporting to transfer or otherwise alter
this chapter. Licensing actions taken minimum balance charges, notary and or affect property or interests in
pursuant to part 501 of this chapter with protest fees, and charges for reference property blocked pursuant to § 554.201
respect to the prohibitions contained in books, photocopies, credit reports, or any further Executive orders relating
this part are considered actions taken transcripts of statements, registered to the national emergency declared in
pursuant to this part. General licenses mail, insurance, stationery and supplies, Executive Order 13712 of November 22,
and statements of licensing policy and other similar items. 2015, is prohibited unless licensed
relating to this part also may be
pursuant to this part.
available through the Burundi sanctions § 554.506 Provision of certain legal
Note to § 554.506: U.S. persons
page on OFAC’s Web site: services authorized.
seeking administrative reconsideration
www.treasury.gov/ofac. (a) The provision of the following or judicial review of their designation or
legal services to or on behalf of persons the blocking of their property and
§ 554.502 [Reserved]
whose property and interests in interests in property may apply for a
§ 554.503 Exclusion from licenses. property are blocked pursuant to specific license from OFAC to authorize
OFAC reserves the right to exclude § 554.201 or any further Executive the release of a limited amount of
any person, property, transaction, or orders relating to the national blocked funds for the payment of legal
class thereof from the operation of any emergency declared in Executive Order fees where alternative funding sources
license or from the privileges conferred 13712 of November 22, 2015, is are not available. For more information,
by any license. OFAC also reserves the authorized, provided that receipt of see OFAC’s Guidance on the Release of
right to restrict the applicability of any payment of professional fees and Limited Amounts of Blocked Funds for
license to particular persons, property, reimbursement of incurred expenses Payment of Legal Fees and Costs
transactions, or classes thereof. Such must be specifically licensed, Incurred in Challenging the Blocking of
actions are binding upon actual or authorized pursuant to § 554.507, which U.S. Persons in Administrative or Civil
constructive notice of the exclusions or authorizes certain payments for legal Proceedings, which is available on
restrictions. services from funds originating outside OFAC’s Web site: www.treasury.gov/
the United States, or otherwise ofac.
§ 554.504 Payments and transfers to authorized pursuant to this part:
asabaliauskas on DSK3SPTVN1PROD with RULES
blocked accounts in U.S. financial (1) Provision of legal advice and § 554.507 Payments for legal services from
institutions. counseling on the requirements of and funds originating outside the United States
Any payment of funds or transfer of compliance with the laws of the United authorized.
credit in which a person whose property States or any jurisdiction within the (a) Receipt of payment of professional
and interests in property are blocked United States, provided that such advice fees and reimbursement of incurred
pursuant to § 554.201 has any interest and counseling are not provided to expenses for the provision of legal
that comes within the possession or facilitate transactions in violation of this services authorized pursuant to
control of a U.S. financial institution part; § 554.506(a) to or on behalf of any
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![Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations 19883
person whose property and interests in Note to § 554.507: U.S. persons who United States of America, including the
property are blocked pursuant to receive payments in connection with International Emergency Economic Powers
§ 554.201 or any further Executive legal services authorized pursuant to Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et
orders relating to the national § 554.506(a) do not need to obtain
seq.) (NEA), section 212(f) of the Immigration
emergency declared in Executive Order specific authorization to contract for and Nationality Act of 1952 (8 U.S.C.
13712 of November 22, 2015, is related services that are ordinarily 1182(f)), and section 301 of title 3, United
authorized from funds originating incident to the provision of those legal States Code,
outside the United States, provided that services, such as those provided by I, BARACK OBAMA, President of the
the funds received by U.S. persons as private investigators or expert United States of America, find that the
payment of professional fees and witnesses, or to pay for such services. situation in Burundi, which has been marked
reimbursement of incurred expenses for Additionally, U.S. persons do not need by the killing of and violence against
to obtain specific authorization to civilians, unrest, the incitement of imminent
the provision of legal services
violence, and significant political repression,
authorized pursuant to § 554.506(a) do provide related services that are and which threatens the peace, security, and
not originate from: ordinarily incident to the provision of stability of Burundi, constitutes an unusual
(1) A source within the United States; legal services authorized pursuant to and extraordinary threat to the national
(2) Any source, wherever located, § 554.506(a). security and foreign policy of the United
within the possession or control of a States, and I hereby declare a national
U.S. person; or § 554.508 Authorization of emergency emergency to deal with that threat. I hereby
(3) Any individual or entity, other medical services. order:
than the person on whose behalf the The provision and receipt of Section 1. (a) All property and interests in
legal services authorized pursuant to nonscheduled emergency medical property that are in the United States, that
§ 554.506(a) are to be provided, whose services that are otherwise prohibited by hereafter come within the United States, or
this part or any further Executive orders that are or hereafter come within the
property and interests in property are possession or control of any United States
blocked pursuant to any part of this relating to the national emergency
person of the following persons are blocked
chapter or any Executive order. declared in Executive Order 13712 of and may not be transferred, paid, exported,
Note to § 554.507: This paragraph November 22, 2015, are authorized. withdrawn, or otherwise dealt in:
authorizes the blocked person on whose (i) the persons listed in the Annex to this
behalf the legal services authorized Subparts F and G—[Reserved] order; and
pursuant to § 554.506(a) are to be (ii) any person determined by the Secretary
provided to make payments for Subpart H—Procedures of the Treasury, in consultation with the
authorized legal services using funds Secretary of State:
§ 554.801 [Reserved] (A) to be responsible for or complicit in, or
originating outside the United States
§ 554.802 Delegation by the Secretary of to have engaged in, directly or indirectly, any
that were not previously blocked. of the following in or in relation to Burundi:
Nothing in this paragraph authorizes the Treasury.
(1) actions or policies that threaten the
payments for legal services using funds Any action that the Secretary of the peace, security, or stability of Burundi;
in which any other person whose Treasury is authorized to take pursuant (2) actions or policies that undermine
property and interests in property are to Executive Order 13712 of November democratic processes or institutions in
blocked pursuant to § 554.201, any other 22, 2015, and any further Executive Burundi;
part of this chapter, or any Executive orders relating to the national (3) human rights abuses;
order has an interest. emergency declared therein, may be (4) the targeting of women, children, or any
(b) Reports. (1) U.S. persons who taken by the Director of OFAC or by any civilians through the commission of acts of
other person to whom the Secretary of violence (including killing, maiming, torture,
receive payments in connection with
or rape or other sexual violence), abduction,
legal services authorized pursuant to the Treasury has delegated authority so
forced displacement, or attacks on schools,
§ 554.506(a) must submit annual reports to act. hospitals, religious sites, or locations where
no later than 30 days following the end civilians are seeking refuge, or through other
of the calendar year during which the Subpart I—Paperwork Reduction Act conduct that may constitute a serious abuse
payments were received providing § 554.901 Paperwork Reduction Act notice. or violation of human rights or a violation of
information on the funds received. Such international humanitarian law;
For approval by the Office of (5) actions or policies that prohibit, limit,
reports shall specify: Management and Budget (OMB) under
(i) The individual or entity from or penalize the exercise of freedom of
the Paperwork Reduction Act of 1995 expression or freedom of peaceful assembly;
whom the funds originated and the
(44 U.S.C. 3507) of information (6) the use or recruitment of children by
amount of funds received; and
collections relating to recordkeeping armed groups or armed forces;
(ii) If applicable: (7) the obstruction of the delivery or
(A) The names of any individuals or and reporting requirements, licensing
procedures, and other procedures, see distribution of, or access to, humanitarian
entities providing related services to the assistance; or
U.S. person receiving payment in § 501.901 of this chapter. An agency
(8) attacks, attempted attacks, or threats
connection with authorized legal may not conduct or sponsor, and a
against United Nations missions,
services, such as private investigators or person is not required to respond to, a international security presences, or other
expert witnesses; collection of information unless it peacekeeping operations;
(B) A general description of the displays a valid control number (B) to be a leader or official of:
services provided; and assigned by OMB. (1) an entity, including any government
asabaliauskas on DSK3SPTVN1PROD with RULES
(C) The amount of funds paid in entity or armed group, that has, or whose
APPENDIX A TO PART 554—Executive members have, engaged in any of the
connection with such services. Order 13712
(2) The reports, which must reference activities described in subsection (a)(ii)(A) of
Executive Order 13712 of November 22, 2015 this section; or
this section, are to be mailed to: (2) an entity whose property and interests
Licensing Division, Office of Foreign Blocking the Property of Certain Persons in property are blocked pursuant to this
Assets Control, U.S. Department of the Contributing to the Situation in Burundi order;
Treasury, 1500 Pennsylvania Avenue By the authority vested in me as President (C) to have materially assisted, sponsored,
NW., Annex, Washington, DC 20220. by the Constitution and the laws of the or provided financial, material, or
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![19884 Federal Register / Vol. 81, No. 66 / Wednesday, April 6, 2016 / Rules and Regulations
technological support for, or goods or pursuant to this order who might have a Dated March 23, 2016.
services to or in support of: constitutional presence in the United States, John E. Smith,
(1) any of the activities described in I find that because of the ability to transfer Acting Director, Office of Foreign Assets
subsection (a)(ii)(A) of this section; or funds or other assets instantaneously, prior Control.
(2) any person whose property and notice to such persons of measures to be
interests in property are blocked pursuant to Approved: Dated: March 29, 2016.
this order; or taken pursuant to this order would render
those measures ineffectual. I therefore Adam J. Szubin,
(D) to be owned or controlled by, or to have
acted or purported to act for or on behalf of, determine that for these measures to be Acting Under Secretary, Office of Terrorism
directly or indirectly, any person whose effective in addressing the national and Financial Intelligence, Department of the
property and interests in property are emergency declared in this order, there need Treasury.
blocked pursuant to this order. be no prior notice of a listing or [FR Doc. 2016–07851 Filed 4–5–16; 8:45 am]
(b) The prohibitions in subsection (a) of determination made pursuant to section 1 of BILLING CODE 4810–AL–P
this section apply except to the extent this order.
provided by statutes, or in regulations,
Sec. 8. The Secretary of the Treasury, in
orders, directives, or licenses that may be
issued pursuant to this order, and consultation with the Secretary of State, is DEPARTMENT OF HOMELAND
notwithstanding any contract entered into or hereby authorized to take such actions, SECURITY
any license or permit granted prior to the including the promulgation of rules and
effective date of this order. regulations, and to employ all powers Coast Guard
Sec. 2. I hereby find that the unrestricted granted to the President by IEEPA as may be
immigrant and nonimmigrant entry into the necessary to carry out the purposes of this 33 CFR Part 165
United States of aliens determined to meet order. The Secretary of the Treasury may
one or more of the criteria in subsection 1(a) [Docket Number USCG–2016–0189]
redelegate any of these functions to other
of this order would be detrimental to the RIN 1625–AA00
officers and agencies of the United States
interests of the United States, and I hereby
suspend entry into the United States, as Government consistent with applicable law.
All agencies of the United States Government Safety Zone; Lower Mississippi River
immigrants or nonimmigrants, of such
persons. Such persons shall be treated as are hereby directed to take all appropriate Mile 95.7 to 96.7; New Orleans, LA
persons covered by section 1 of Proclamation measures within their authority to carry out AGENCY:Coast Guard, DHS.
8693 of July 24, 2011 (Suspension of Entry the provisions of this order.
of Aliens Subject to United Nations Security
Temporary final rule; request for
ACTION:
Sec. 9. The Secretary of the Treasury, in
Council Travel Bans and International comments.
consultation with the Secretary of State, is
Emergency Economic Powers Act Sanctions). hereby authorized to determine that
Sec. 3. I hereby determine that the making
SUMMARY: The Coast Guard is
circumstances no longer warrant the blocking establishing a temporary safety zone
of donations of the type of articles specified
in section 203(b)(2) of IEEPA (50 U.S.C. of the property and interests in property of from Mile Marker (MM) 95.7 to MM
1702(b)(2)) by, to, or for the benefit of any a person listed in the Annex to this order, 96.7 above Head of Passes (AHP) on the
person whose property and interests in and to take necessary action to give effect to Lower Mississippi River (LMR) on April
property are blocked pursuant to section 1 of that determination. 12, 2016. This safety zone is necessary
this order would seriously impair my ability Sec. 10. The Secretary of the Treasury, in to protect persons and vessels from
to deal with the national emergency declared consultation with the Secretary of State, is potential safety hazards associated with
in this order, and I hereby prohibit such hereby authorized to submit the recurring
donations as provided by section 1 of this
fireworks displays on or over navigable
and final reports to the Congress on the waterways. Entry into this zone is
order. national emergency declared in this order,
Sec. 4. The prohibitions in section 1 of this prohibited unless specifically
consistent with section 401(c) of the NEA (50 authorized by the Captain of the Port
order include but are not limited to:
(a) the making of any contribution or U.S.C. 1641(c)) and section 204(c) of IEEPA New Orleans or a designated
provision of funds, goods, or services by, to, (50 U.S.C. 1703(c)). representative.
or for the benefit of any person whose Sec. 11. This order is not intended to, and
property and interests in property are does not, create any right or benefit, DATES: This rule is effective from 6:00
blocked pursuant to this order; and substantive or procedural, enforceable at law p.m. through 11:00 p.m. on April 12,
(b) the receipt of any contribution or or in equity by any party against the United 2016. Comments and related material
provision of funds, goods, or services from States, its departments, agencies, or entities, must be received by the Coast Guard on
any such person. its officers, employees, or agents, or any other or before May 6, 2016.
Sec. 5. (a) Any transaction that evades or person. ADDRESSES: You may submit comments
avoids, has the purpose of evading or
avoiding, causes a violation of, or attempts to
Sec. 12. This order is effective at 12:01 a.m. identified by docket number USCG–
violate any of the prohibitions set forth in eastern standard time on November 23, 2015. 2016–0189 using the Federal
this order is prohibited. Barack Obama eRulemaking Portal at http://
(b) Any conspiracy formed to violate any www.regulations.gov. See the ‘‘Public
of the prohibitions set forth in this order is THE WHITE HOUSE, Participation and Request for
prohibited. November 22, 2015 Comments’’ portion of the
Sec. 6. For the purposes of this order: SUPPLEMENTARY INFORMATION section for
(a) the term ‘‘person’’ means an individual ANNEX further instructions on submitting
or entity;
(b) the term ‘‘entity’’ means a partnership,
1. Alain Guillaume Bunyoni [Minister of comments.
association, trust, joint venture, corporation, Public Security; born January 2, 1972] FOR FURTHER INFORMATION CONTACT: If
asabaliauskas on DSK3SPTVN1PROD with RULES
group, subgroup, or other organization; and 2. Cyrille Ndayirukiye [Former Defense you have questions on this rule, call or
(c) the term ‘‘United States person’’ means Minister; born July 8, 1954] email Lieutenant Commander (LCDR)
any United States citizen, permanent resident 3. Godefroid Niyombare [Major General;
James Gatz, Sector New Orleans, at (504)
alien, entity organized under the laws of the born October 18, 1969]
United States or any jurisdiction within the
365–2281 or James.C.Gatz@uscg.mil.
4. Godefroid Bizimana [born April 23,
United States (including foreign branches), or SUPPLEMENTARY INFORMATION:
1968]
any person in the United States. I. Table of Abbreviations
Sec. 7. For those persons whose property
and interests in property are blocked AHP Above Head of Passes
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Document Created: 2018-02-07 13:51:39
Document Modified: 2018-02-07 13:51:39
| 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: April 6, 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 19878 | |
| CFR Associated | Administrative Practice and Procedure; Banking; Banks; Blocking of Assets; Brokers; Burundi; Credit; Foreign Trade; Investments; Loans; Securities and Services |
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