81_FR_77075 81 FR 76861 - Amendments to OFAC Regulations To Remove the Former Liberian Regime of Charles Taylor Sanctions Regulations and References to Fax-on-Demand Service

81 FR 76861 - Amendments to OFAC Regulations To Remove the Former Liberian Regime of Charles Taylor Sanctions Regulations and References to Fax-on-Demand Service

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control

Federal Register Volume 81, Issue 214 (November 4, 2016)

Page Range76861-76863
FR Document2016-26717

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is removing from the Code of Federal Regulations the Former Liberian Regime of Charles Taylor Sanctions Regulations as a result of the termination of the national emergency on which the regulations were based. OFAC also is amending the Reporting, Procedures and Penalties Regulations and Appendix A to chapter V by making technical changes including to remove references to OFAC's fax-on- demand service in order to reflect the discontinuation of that service.

Federal Register, Volume 81 Issue 214 (Friday, November 4, 2016)
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Rules and Regulations]
[Pages 76861-76863]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26717]


=======================================================================
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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Parts 501 and 593 and Appendix A to Chapter V


Amendments to OFAC Regulations To Remove the Former Liberian 
Regime of Charles Taylor Sanctions Regulations and References to Fax-
on-Demand Service

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 
Former Liberian Regime of Charles Taylor Sanctions Regulations as a 
result of the termination of the national emergency on which the 
regulations were based. OFAC also is amending the Reporting, Procedures 
and Penalties Regulations and Appendix A to chapter V by making 
technical changes including to remove references to OFAC's fax-on-
demand service in order to reflect the discontinuation of that service.

DATES: Effective: November 4, 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.

[[Page 76862]]


SUPPLEMENTARY INFORMATION:

Electronic Availability

    This document and additional information concerning OFAC are 
available from OFAC's Web site (www.treasury.gov/ofac).

Background

Removal of the Former Liberian Regime of Charles Taylor Sanctions 
Regulations

    On July 22, 2004, the President signed Executive Order 13348, 
``Blocking Property of Certain Persons and Prohibiting the Importation 
of Certain Goods from Liberia'' (E.O. 13348), in which he declared a 
national emergency to deal with the unusual and extraordinary threat 
posed to United States foreign policy by the actions and policies of 
former Liberian President Charles Taylor and other persons, in 
particular their unlawful depletion of Liberian resources and their 
removal from Liberia and secreting of Liberian funds and property, 
which undermined Liberia's transition to democracy and the orderly 
development of its political, administrative, and economic institutions 
and resources. The President further noted that the Comprehensive Peace 
Agreement signed on August 18, 2003, and the related ceasefire had not 
yet been universally implemented throughout Liberia, and that the 
illicit trade in round logs and timber products was linked to the 
proliferation of and trafficking in illegal arms, which perpetuated the 
Liberian conflict and fueled and exacerbated other conflicts throughout 
West Africa.
    E.O. 13348 blocked all property and interests in property of the 
persons listed in the Annex to E.O. 13348 and any person determined: 
(1) To be or have been an immediate family member of Charles Taylor; 
(2) to have been a senior official of the former Liberian regime headed 
by Charles Taylor or otherwise to have been or be a close ally or 
associate of Charles Taylor or the former Liberian regime; (3) to have 
materially assisted, sponsored, or provided financial, material, or 
technological support for, or goods or services in support of, the 
unlawful depletion of Liberian resources, the removal of Liberian 
resources from that country, and the secreting of Liberian funds and 
property by any person whose property or interests in property are 
blocked pursuant to E.O. 13348; or (4) to be owned or controlled by, or 
acting or purporting to act for or on behalf of, directly or 
indirectly, any person whose property or interests in property are 
blocked pursuant to E.O. 13348. E.O. 13348 also prohibited the direct 
or indirect importation into the United States of any round log or 
timber product originating in Liberia.
    On May 23, 2007, OFAC issued the Former Liberian Regime of Charles 
Taylor Sanctions Regulations, 31 CFR part 593, as a final rule to 
implement E.O. 13348 (72 FR 28855, May 23, 2007).
    On November 12, 2015, the President issued Executive Order 13710, 
``Termination of Emergency With Respect to the Actions and Policies of 
Former Liberian President Charles Taylor'' (E.O. 13710). In E.O. 13710, 
the President found that the situation that gave rise to the 
declaration of a national emergency in E.O. 13348 had been 
significantly altered by Liberia's significant advances to promote 
democracy and the orderly development of its political, administrative, 
and economic institutions, including presidential elections in 2005 and 
2011, which were internationally recognized as freely held; the 2012 
conviction of, and 50-year prison sentence for, former Liberian 
President Charles Taylor and the affirmation on appeal of that 
conviction and sentence; and the diminished ability of those connected 
to former Liberian President Charles Taylor to undermine Liberia's 
progress. As a result, he terminated the national emergency declared in 
E.O. 13348 and revoked that order.
    Accordingly, OFAC is removing the Former Liberian Regime of Charles 
Taylor Sanctions Regulations from the Code of Federal Regulations. 
Pursuant to section 202 of the National Emergencies Act (50 U.S.C. 
1622) and section 1 of E.O. 13710, termination of the national 
emergency declared in E.O. 13348 shall not affect any action taken or 
proceeding pending that was not fully concluded or determined as of 
2:00 p.m. eastern standard time on November 12, 2015 (the effective 
date of E.O. 13710), any action or proceeding based on any act 
committed prior to the effective date, or any rights or duties that 
matured or penalties that were incurred prior to the effective date.

Technical Changes

    On June 10, 2016, OFAC announced on its Web site that it was 
terminating its fax-on-demand service due to a lack of user demand. 
OFAC is making technical changes to its regulations including to 
reflect the discontinuation of the fax-on-demand service.
    The Reporting, Procedures and Penalties Regulations, 31 CFR part 
501 (RPPR), set forth standard reporting and recordkeeping requirements 
and license application and other procedures relevant to the economic 
sanctions programs administered by OFAC. OFAC is revising section 
501.603 of the RPPR, which covers reports on blocked property, and 
section 501.801 of the RPPR, which covers licensing, in each case to 
remove references to OFAC's fax-on-demand service and to make certain 
other technical changes.
    Appendix A to chapter V (Appendix A) sets forth information 
pertaining to OFAC's Specially Designated Nationals and Blocked Persons 
List. OFAC is making two revisions to Appendix A, in each case to 
remove references to OFAC's fax-on-demand service.

Public Participation

    Because parts 501 and 593 and Appendix A to 31 CFR chapter V 
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

    Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), 
the collections of information contained in the RPPR 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 Parts 501 and 593 and Appendix A to 
Chapter V

    Administrative practice and procedure, Banks, Banking, Blocking of 
assets, Credit, Foreign trade, Imports, Liberia, Penalties, Reporting 
and recordkeeping requirements, Sanctions, Securities.

    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. 13348, 69 FR 44885, 3 CFR, 
2004 Comp., p. 189; E.O. 13710, 80 FR 71679, OFAC amends 31 CFR chapter 
V as follows:

PART 501--REPORTING, PROCEDURES AND PENALTIES REGULATIONS

0
1. The authority citation for part 501 continues to read as follows:

    Authority: 8 U.S.C. 1189; 18 U.S.C. 2332d, 2339B; 19 U.S.C. 
3901-3913; 21 U.S.C. 1901-1908; 22 U.S.C. 287c; 22 U.S.C. 2370(a), 
6009, 6032, 7205; 28 U.S.C. 2461 note; 31 U.S.C. 321(b); 50 U.S.C. 
1701-1706; 50 U.S.C. App. 1-44.

[[Page 76863]]

Subpart C--Reports

0
2. Amend Sec.  501.603 to revise the second sentence of paragraph 
(b)(2)(ii) to read as follows:


Sec.  501.603  Reports on blocked property.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * * Copies of Form TDF 90-22.50 may be obtained directly 
from the Office of Foreign Assets Control by downloading the form from 
the OFAC Reporting and License Application Forms page on OFAC's Web 
site (https://www.treasury.gov/resource-center/sanctions/Pages/forms-index.aspx). * * *
* * * * *

Subpart E--Procedures

0
3. Amend Sec.  501.801 to revise the penultimate sentence of paragraph 
(b)(2) to read as follows:


Sec.  501.801  Licensing.

* * * * *
    (b) * * *
    (2) * * * The form, which requires information regarding the date 
of the blocking, the financial institutions involved in the transfer, 
and the beneficiary and amount of the transfer, may be obtained from 
the OFAC Reporting and License Application Forms page on OFAC's Web 
site (https://www.treasury.gov/resource-center/sanctions/Pages/forms-index.aspx) or the Office of Foreign Assets Control, Licensing 
Division, U.S. Department of the Treasury, 1500 Pennsylvania Avenue 
NW., Freedman's Bank Building, Washington, DC 20220. * * *
* * * * *

PART 593--[REMOVED]

0
4. Remove part 593.

Appendix A to Chapter V--[AMENDED]

0
5. The authority citation for appendix A to chapter V continues to read 
as follows:

    Authority: 3 U.S.C. 301; 8 U.S.C. 1182, 1189; 18 U.S.C. 2339 B; 
21 U.S.C. 1901-1908; 22 U.S.C. 287 c; 31 U.S.C. 321(b); 50 U.S.C. 
App. 1-44; Public Law 110-286, 122 Stat. 2632 (50 U.S.C. 1701 note); 
Public Law 111-195, 124 Stat. 1312 (22 U.S.C. 8501-8551); Public Law 
112-81, 125 Stat. 1298 (22 U.S.C. 8513a); Public Law 112-158, 126 
Stat. 1214 (22 U.S.C. 8701-8795); Public Law 112-208, 126 Stat. 
1502; Public Law 113-278, 128 Stat. 3011 (50 U.S.C. 1701 note).


0
6. Amend appendix A to chapter V as follows:
0
a. Remove the third introductory paragraph, which states: ``Finally, 
the public may obtain information on blocking, designation, 
identification, and delisting actions through OFAC's fax-on-demand 
service, at 202/622-0077.''
0
b. Remove the fifth sentence of note 5, which states: ``Information 
also is available by fax through OFAC's fax-on-demand service, at 202/
622-0077.''

John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2016-26717 Filed 11-3-16; 8:45 am]
BILLING CODE 4810-AL-P



                                                               Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations                                              76861

                                             d’Ivoire and Liberia were promulgated                   7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61          Comp., p. 899; E.O. 13222, 66 FR 44025, 3
                                             in part to fulfill U.S. obligations and                 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.             CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
                                             serve collective security interests by                  13222, 66 FR 44025, 3 CFR, 2001 Comp., p.             26751, 3 CFR, 2004 Comp., p 168;
                                                                                                     783; Notice of August 4, 2016, 81 FR 52587            Presidential Determination 2003–23, 68 FR
                                             implementing United Nations Security
                                                                                                     (August 8, 2016).                                     26459, 3 CFR, 2004 Comp., p. 320;
                                             Council arms embargoes. Furthermore,                                                                          Presidential Determination 2007–7, 72 FR
                                             arms embargoes were imposed on Sri                      Supplement No. 1 to Part 738—                         1899, 3 CFR, 2006 Comp., p. 325; Notice of
                                             Lanka and Vietnam by the United States                  [Amended]                                             May 3, 2016, 81 FR 27293 (May 5, 2016);
                                             to advance national and regional                                                                              Notice of August 4, 2016, 81 FR 52587
                                                                                                     ■  2. Supplement No. 1 to part 738
                                             stability and security. Termination of                                                                        (August 8, 2016).
                                                                                                     ‘‘Commerce Country Chart’’ is amended
                                             these embargoes under the EAR
                                                                                                     by removing the footnote notation                     § 746.1    [Amended]
                                             recognizes progress in the security
                                                                                                     number 1 from ‘‘Cote d’Ivoire’’ and
                                             situations in Cote d’Ivoire and Liberia,                                                                      ■ 8. Section 746.1 is amended by
                                                                                                     ‘‘Liberia’’.
                                             changes in legislative mandates related                                                                       removing ‘‘Cote d’Ivoire (Ivory Coast),’’
                                             to Sri Lanka, and the evolution of U.S.                 PART 740—[AMENDED]                                    and ‘‘Liberia,’’ from the list of countries
                                             relations with Vietnam, and updates the                                                                       in paragraph (b)(2).
                                             EAR to bring it in line with those                      ■ 3. The authority citation for part 740                Dated: October 28, 2016.
                                             changes, including with international                   continues to read as follows:                         Kevin J. Wolf,
                                             authorities supported by the United                        Authority: Authority: 50 U.S.C. 4601 et            Assistant Secretary for Export
                                             States and which already are in effect.                 seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201          Administration.
                                             Lastly, these updates and the                           et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996
                                                                                                                                                           [FR Doc. 2016–26535 Filed 11–3–16; 8:45 am]
                                             recognition of India as a member of the                 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
                                                                                                     CFR, 2001 Comp., p. 783; Notice of August             BILLING CODE 3510–33–P
                                             MTCR help to prevent confusing the
                                             public as to the status of the named                    4, 2016, 81 FR 52587 (August 8, 2016).
                                             destinations for purposes of export                     Supplement No. 1 to Part 740—
                                             controls under the EAR. No other law                                                                          DEPARTMENT OF THE TREASURY
                                                                                                     [Amended]
                                             requires that a notice of proposed
                                                                                                     ■ 4. Supplement No. 1 to part 740,                    Office of Foreign Assets Control
                                             rulemaking and an opportunity for
                                             public comment be given for this rule.                  Country Group D, is amended by:
                                                                                                     ■ a. Removing the entries for ‘‘Cote                  31 CFR Parts 501 and 593 and
                                             Because a notice of proposed
                                                                                                     d’Ivoire’’, ‘‘Liberia’’ and ‘‘Sri Lanka’’;            Appendix A to Chapter V
                                             rulemaking and an opportunity for
                                             public comment are not required to be                   and
                                                                                                     ■ b. Removing the ‘‘X’’ under column                  Amendments to OFAC Regulations To
                                             given for this rule by 5 U.S.C. 553, or                                                                       Remove the Former Liberian Regime of
                                             by any other law, the analytical                        D:5 ‘‘U.S. Arms Embargoed Countries’’
                                                                                                     for ‘‘Vietnam’’.                                      Charles Taylor Sanctions Regulations
                                             requirements of the Regulatory                                                                                and References to Fax-on-Demand
                                             Flexibility Act, 5 U.S.C. 601 et seq., are              PART 742—[AMENDED]                                    Service
                                             not applicable. Therefore, this
                                             regulation is issued in final form and is               ■ 5. The authority citation for part 742              AGENCY:  Office of Foreign Assets
                                             made effective immediately upon                         continues to read as follows:                         Control, Treasury
                                             publication.                                               Authority: 50 U.S.C. 4601 et seq.; 50              ACTION: Final rule.
                                             List of Subjects                                        U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
                                                                                                     42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22           SUMMARY:    The Department of the
                                             15 CFR Part 738                                         U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117           Treasury’s Office of Foreign Assets
                                                                                                     Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR,            Control (OFAC) is removing from the
                                               Exports.
                                                                                                     1978 Comp., p. 179; E.O. 12851, 58 FR 33181,          Code of Federal Regulations the Former
                                             15 CFR Part 740                                         3 CFR, 1993 Comp., p. 608; E.O. 12938, 59             Liberian Regime of Charles Taylor
                                                                                                     FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.             Sanctions Regulations as a result of the
                                               Administrative practice and
                                                                                                     13026, 61 FR 58767, 3 CFR, 1996 Comp., p.             termination of the national emergency
                                             procedure, Exports, Reporting and                       228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
                                             recordkeeping requirements.                                                                                   on which the regulations were based.
                                                                                                     Comp., p. 783; Presidential Determination
                                                                                                                                                           OFAC also is amending the Reporting,
                                             15 CFR Part 742                                         2003–23, 68 FR 26459, 3 CFR, 2004 Comp.,
                                                                                                     p. 320; Notice of November 12, 2015, 80 FR            Procedures and Penalties Regulations
                                               Exports, Terrorism.                                   70667 (November 13, 2015); Notice of August           and Appendix A to chapter V by making
                                                                                                     4, 2016, 81 FR 52587 (August 8, 2016).                technical changes including to remove
                                             15 CFR Part 746                                                                                               references to OFAC’s fax-on-demand
                                               Exports, Reporting and recordkeeping                  § 742.5   [Amended]                                   service in order to reflect the
                                             requirements.                                           ■ 6. Section 742.5 is amended by                      discontinuation of that service.
                                               Accordingly, parts 738, 740, 742 and                  removing the clause ‘‘, and India as an               DATES: Effective: November 4, 2016.
                                             746 of the Export Administration                        MTCR adherent,’’ from the first sentence              FOR FURTHER INFORMATION CONTACT: The
                                             Regulations (15 CFR parts 730–774) are                  of paragraph (d).                                     Department of the Treasury’s Office of
                                             amended as follows:                                                                                           Foreign Assets Control: Assistant
                                                                                                     PART 746—[AMENDED]
                                             PART 738—[AMENDED]                                                                                            Director for Licensing, tel.: 202–622–
                                                                                                     ■ 7. The authority citation for 15 CFR                2480, Assistant Director for Regulatory
                                                                                                                                                           Affairs, tel.: 202–622–4855, Assistant
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                                             ■ 1. The authority citation for part 738                part 746 continues to read as follows:
                                             continues to read as follows:                                                                                 Director for Sanctions Compliance &
                                                                                                       Authority: 50 U.S.C. 4601 et seq.; 50
                                               Authority: Authority: 50 U.S.C. 4601 et               U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503,
                                                                                                                                                           Evaluation, tel.: 202–622–2490, or the
                                             seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420;           Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004;        Department of the Treasury’s Office of
                                             10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C.            22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.          the Chief Counsel (Foreign Assets
                                             3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a;          12854, 58 FR 36587, 3 CFR, 1993 Comp., p.             Control), Office of the General Counsel,
                                             15 U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C.              614; E.O. 12918, 59 FR 28205, 3 CFR, 1994             tel.: 202–622–2410.


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                                             76862             Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations

                                             SUPPLEMENTARY INFORMATION:                              direct or indirect importation into the               is revising section 501.603 of the RPPR,
                                                                                                     United States of any round log or timber              which covers reports on blocked
                                             Electronic Availability
                                                                                                     product originating in Liberia.                       property, and section 501.801 of the
                                               This document and additional                             On May 23, 2007, OFAC issued the                   RPPR, which covers licensing, in each
                                             information concerning OFAC are                         Former Liberian Regime of Charles                     case to remove references to OFAC’s
                                             available from OFAC’s Web site                          Taylor Sanctions Regulations, 31 CFR                  fax-on-demand service and to make
                                             (www.treasury.gov/ofac).                                part 593, as a final rule to implement                certain other technical changes.
                                                                                                     E.O. 13348 (72 FR 28855, May 23, 2007).                  Appendix A to chapter V (Appendix
                                             Background                                                 On November 12, 2015, the President                A) sets forth information pertaining to
                                             Removal of the Former Liberian Regime                   issued Executive Order 13710,                         OFAC’s Specially Designated Nationals
                                             of Charles Taylor Sanctions Regulations                 ‘‘Termination of Emergency With                       and Blocked Persons List. OFAC is
                                                                                                     Respect to the Actions and Policies of                making two revisions to Appendix A, in
                                                On July 22, 2004, the President signed
                                                                                                     Former Liberian President Charles                     each case to remove references to
                                             Executive Order 13348, ‘‘Blocking
                                                                                                     Taylor’’ (E.O. 13710). In E.O. 13710, the             OFAC’s fax-on-demand service.
                                             Property of Certain Persons and
                                                                                                     President found that the situation that
                                             Prohibiting the Importation of Certain                                                                        Public Participation
                                                                                                     gave rise to the declaration of a national
                                             Goods from Liberia’’ (E.O. 13348), in                                                                           Because parts 501 and 593 and
                                                                                                     emergency in E.O. 13348 had been
                                             which he declared a national emergency                                                                        Appendix A to 31 CFR chapter V
                                                                                                     significantly altered by Liberia’s
                                             to deal with the unusual and                            significant advances to promote                       involve a foreign affairs function, the
                                             extraordinary threat posed to United                    democracy and the orderly development                 provisions of Executive Order 12866
                                             States foreign policy by the actions and                of its political, administrative, and                 and the Administrative Procedure Act (5
                                             policies of former Liberian President                   economic institutions, including                      U.S.C. 553) requiring notice of proposed
                                             Charles Taylor and other persons, in                    presidential elections in 2005 and 2011,              rulemaking, opportunity for public
                                             particular their unlawful depletion of                  which were internationally recognized                 participation, and delay in effective date
                                             Liberian resources and their removal                    as freely held; the 2012 conviction of,               are inapplicable. Because no notice of
                                             from Liberia and secreting of Liberian                  and 50-year prison sentence for, former               proposed rulemaking is required for this
                                             funds and property, which undermined                    Liberian President Charles Taylor and                 rule, the Regulatory Flexibility Act (5
                                             Liberia’s transition to democracy and                   the affirmation on appeal of that                     U.S.C. 601–612) does not apply.
                                             the orderly development of its political,               conviction and sentence; and the
                                             administrative, and economic                                                                                  Paperwork Reduction Act
                                                                                                     diminished ability of those connected to
                                             institutions and resources. The                         former Liberian President Charles                       Pursuant to the Paperwork Reduction
                                             President further noted that the                        Taylor to undermine Liberia’s progress.               Act of 1995 (44 U.S.C. 3507), the
                                             Comprehensive Peace Agreement signed                    As a result, he terminated the national               collections of information contained in
                                             on August 18, 2003, and the related                     emergency declared in E.O. 13348 and                  the RPPR have been approved by the
                                             ceasefire had not yet been universally                  revoked that order.                                   Office of Management and Budget under
                                             implemented throughout Liberia, and                        Accordingly, OFAC is removing the                  control number 1505–0164. An agency
                                             that the illicit trade in round logs and                Former Liberian Regime of Charles                     may not conduct or sponsor, and a
                                             timber products was linked to the                       Taylor Sanctions Regulations from the                 person is not required to respond to, a
                                             proliferation of and trafficking in illegal             Code of Federal Regulations. Pursuant                 collection of information unless the
                                             arms, which perpetuated the Liberian                    to section 202 of the National                        collection of information displays a
                                             conflict and fueled and exacerbated                     Emergencies Act (50 U.S.C. 1622) and                  valid control number.
                                             other conflicts throughout West Africa.                 section 1 of E.O. 13710, termination of               List of Subjects in 31 CFR Parts 501 and
                                                E.O. 13348 blocked all property and                  the national emergency declared in E.O.               593 and Appendix A to Chapter V
                                             interests in property of the persons                    13348 shall not affect any action taken
                                             listed in the Annex to E.O. 13348 and                                                                           Administrative practice and
                                                                                                     or proceeding pending that was not
                                             any person determined: (1) To be or                                                                           procedure, Banks, Banking, Blocking of
                                                                                                     fully concluded or determined as of 2:00
                                             have been an immediate family member                                                                          assets, Credit, Foreign trade, Imports,
                                                                                                     p.m. eastern standard time on November
                                             of Charles Taylor; (2) to have been a                                                                         Liberia, Penalties, Reporting and
                                                                                                     12, 2015 (the effective date of E.O.
                                             senior official of the former Liberian                                                                        recordkeeping requirements, Sanctions,
                                                                                                     13710), any action or proceeding based                Securities.
                                             regime headed by Charles Taylor or                      on any act committed prior to the
                                             otherwise to have been or be a close ally               effective date, or any rights or duties                 For the reasons set forth in the
                                             or associate of Charles Taylor or the                   that matured or penalties that were                   preamble, and under the authority of 3
                                             former Liberian regime; (3) to have                                                                           U.S.C. 301; 50 U.S.C. 1601–1651; E.O.
                                                                                                     incurred prior to the effective date.
                                             materially assisted, sponsored, or                                                                            13348, 69 FR 44885, 3 CFR, 2004
                                             provided financial, material, or                        Technical Changes                                     Comp., p. 189; E.O. 13710, 80 FR 71679,
                                             technological support for, or goods or                     On June 10, 2016, OFAC announced                   OFAC amends 31 CFR chapter V as
                                             services in support of, the unlawful                    on its Web site that it was terminating               follows:
                                             depletion of Liberian resources, the                    its fax-on-demand service due to a lack
                                             removal of Liberian resources from that                                                                       PART 501—REPORTING,
                                                                                                     of user demand. OFAC is making
                                             country, and the secreting of Liberian                                                                        PROCEDURES AND PENALTIES
                                                                                                     technical changes to its regulations
                                             funds and property by any person                                                                              REGULATIONS
                                                                                                     including to reflect the discontinuation
                                             whose property or interests in property                 of the fax-on-demand service.                         ■ 1. The authority citation for part 501
                                             are blocked pursuant to E.O. 13348; or                     The Reporting, Procedures and
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                                                                                                                                                           continues to read as follows:
                                             (4) to be owned or controlled by, or                    Penalties Regulations, 31 CFR part 501
                                             acting or purporting to act for or on                   (RPPR), set forth standard reporting and                Authority: 8 U.S.C. 1189; 18 U.S.C. 2332d,
                                                                                                                                                           2339B; 19 U.S.C. 3901–3913; 21 U.S.C. 1901–
                                             behalf of, directly or indirectly, any                  recordkeeping requirements and license                1908; 22 U.S.C. 287c; 22 U.S.C. 2370(a),
                                             person whose property or interests in                   application and other procedures                      6009, 6032, 7205; 28 U.S.C. 2461 note; 31
                                             property are blocked pursuant to E.O.                   relevant to the economic sanctions                    U.S.C. 321(b); 50 U.S.C. 1701–1706; 50 U.S.C.
                                             13348. E.O. 13348 also prohibited the                   programs administered by OFAC. OFAC                   App. 1–44.



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                                                               Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations                                                  76863

                                             Subpart C—Reports                                       ■ a. Remove the third introductory                    BSA has been delegated to the Director
                                                                                                     paragraph, which states: ‘‘Finally, the               of FinCEN.1
                                             ■ 2. Amend § 501.603 to revise the                      public may obtain information on
                                                                                                                                                           II. Discussion of Changes
                                             second sentence of paragraph (b)(2)(ii)                 blocking, designation, identification,
                                             to read as follows:                                     and delisting actions through OFAC’s                     In 2010, FinCEN reorganized the
                                                                                                     fax-on-demand service, at 202/622–                    BSA’s implementing regulations
                                             § 501.603   Reports on blocked property.                                                                      previously appearing in part 103 of title
                                                                                                     0077.’’
                                             *      *   *     *     *                                ■ b. Remove the fifth sentence of note 5,             31 of the Code of Federal Regulations by
                                               (b) * * *                                             which states: ‘‘Information also is                   transferring them to a new chapter in
                                               (2) * * *                                             available by fax through OFAC’s fax-on-               title 31—chapter X.2 When chapter X
                                               (ii) * * * Copies of Form TDF 90–                     demand service, at 202/622–0077.’’                    was published, BSA reporting forms
                                             22.50 may be obtained directly from the                                                                       were specific to particular segments of
                                             Office of Foreign Assets Control by                     John E. Smith,                                        the financial industry, and the names of
                                             downloading the form from the OFAC                      Acting Director, Office of Foreign Assets             those industry-specific forms currently
                                             Reporting and License Application                       Control.                                              appear in chapter X. FinCEN has since
                                             Forms page on OFAC’s Web site                           [FR Doc. 2016–26717 Filed 11–3–16; 8:45 am]           revised a number of forms so that they
                                             (https://www.treasury.gov/resource-                     BILLING CODE 4810–AL–P                                may be used by a range of industry
                                             center/sanctions/Pages/forms-                                                                                 segments and no longer carry industry-
                                             index.aspx). * * *                                                                                            specific designations. The transition
                                                                                                     DEPARTMENT OF THE TREASURY                            from industry-specific forms began by
                                             *      *   *     *     *
                                                                                                                                                           replacing the various currency
                                                                                                     Financial Crimes Enforcement Network                  transaction reports previously used by
                                             Subpart E—Procedures
                                                                                                                                                           different industry segments, with an
                                             ■ 3. Amend § 501.801 to revise the                      31 CFR Parts 1010, 1020, 1021, 1022,                  industry-wide, single BSA form for
                                             penultimate sentence of paragraph (b)(2)                1023, 1024, 1025, and 1026                            currency transactions—the Bank
                                             to read as follows:                                     RIN 1506–AB32                                         Secrecy Act Currency Transaction
                                                                                                                                                           Report. FinCEN has also replaced the
                                             § 501.801   Licensing.                                  Technical Amendments to Various                       five industry-specific suspicious activity
                                             *     *    *     *     *                                Bank Secrecy Act Regulations                          reports with a combined suspicious
                                               (b) * * *                                                                                                   activity report, the Bank Secrecy Act
                                               (2) * * * The form, which requires                    AGENCY:  Financial Crimes Enforcement
                                                                                                     Network (‘‘FinCEN’’), Treasury.                       Suspicious Activity Report, which is
                                             information regarding the date of the                                                                         now used by various financial industry
                                             blocking, the financial institutions                    ACTION: Final rule.
                                                                                                                                                           segments. This final rule revises the
                                             involved in the transfer, and the                       SUMMARY:   FinCEN is issuing this final               BSA regulations by updating them to
                                             beneficiary and amount of the transfer,                 rule to make a number of technical                    reflect the names of the new reports.
                                             may be obtained from the OFAC                           amendments. This final rule updates                      A number of recordkeeping
                                             Reporting and License Application                       various sections of the regulations                   requirements in 31 CFR chapter X refer
                                             Forms page on OFAC’s Web site                           implementing the Bank Secrecy Act                     to the use of a type of data storage
                                             (https://www.treasury.gov/resource-                     (‘‘BSA’’) by removing or replacing                    media—microfilm—that is no longer in
                                             center/sanctions/Pages/forms-                           outdated references to obsolete BSA                   wide use (or in many cases not even
                                             index.aspx) or the Office of Foreign                    forms, removing references to outdated                available) for copies of records required
                                             Assets Control, Licensing Division, U.S.                recordkeeping storage media, and                      to be kept. This final rule removes those
                                             Department of the Treasury, 1500                        replacing several other outdated terms                outdated references. If, however, a
                                             Pennsylvania Avenue NW., Freedman’s                     and references.                                       financial institution continues to use
                                             Bank Building, Washington, DC 20220.                                                                          microfilm for copies, the rule change
                                                                                                     DATES: Effective November 4, 2016.
                                             * * *                                                                                                         does not require the financial institution
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             *     *    *     *     *                                                                                      to use a different type of media for
                                                                                                     FinCEN Resource Center at 1–800–767–                  copies, nor does it require existing
                                             PART 593—[REMOVED]                                      2825 or 1–703–905–3591 (not a toll free               copies that were made on microfilm to
                                                                                                     number) and select option 3 for                       be transferred to newer types of media.
                                             ■   4. Remove part 593.                                 regulatory questions. Email inquiries                    Finally, this final rule replaces several
                                                                                                     can be sent to FRC@fincen.gov.                        other outdated terms or references
                                             Appendix A to Chapter V—[AMENDED]
                                                                                                     SUPPLEMENTARY INFORMATION:                            where appropriate such as the reference
                                             ■ 5. The authority citation for appendix                I. Statutory and Regulatory Background                to filing reports with the Commissioner
                                             A to chapter V continues to read as                                                                           of Internal Revenue (‘‘IRS’’). Effective
                                             follows:                                                   The BSA, Titles I and II of Public Law             July 1, 2011, all BSA reports are
                                                                                                     91–508, as amended, codified at 12                    electronically filed with FinCEN, not
                                               Authority: 3 U.S.C. 301; 8 U.S.C. 1182,
                                                                                                     U.S.C. 1829b, 12 U.S.C. 1951–1959, and                the IRS.
                                             1189; 18 U.S.C. 2339 B; 21 U.S.C. 1901–1908;
                                             22 U.S.C. 287 c; 31 U.S.C. 321(b); 50 U.S.C.            31 U.S.C. 5311–5314 and 5316–5332,
                                             App. 1–44; Public Law 110–286, 122 Stat.                authorizes the Secretary of the Treasury              III. Administrative Procedure Act and
                                             2632 (50 U.S.C. 1701 note); Public Law 111–             (‘‘Secretary’’), among other things, to               Effective Date
                                             195, 124 Stat. 1312 (22 U.S.C. 8501–8551);              issue regulations requiring persons to                   Under 5 U.S.C. 553(b)(3)(B) of the
                                                                                                     keep records and file reports that are
rmajette on DSK2TPTVN1PROD with RULES




                                             Public Law 112–81, 125 Stat. 1298 (22 U.S.C.                                                                  Administrative Procedure Act (‘‘APA’’),
                                             8513a); Public Law 112–158, 126 Stat. 1214              determined to have a high degree of                   an agency may, for good cause, find
                                             (22 U.S.C. 8701–8795); Public Law 112–208,              usefulness in criminal, tax, regulatory,              (and incorporate the finding and a brief
                                             126 Stat. 1502; Public Law 113–278, 128 Stat.           and counter-terrorism matters. The
                                             3011 (50 U.S.C. 1701 note).
                                                                                                                                                           statement of reasons in the rules issued)
                                                                                                     regulations implementing the BSA
                                             ■ 6. Amend appendix A to chapter V as                   appear at 31 CFR chapter X. The                         1 Treasury   Order 180–01 (Sept. 26, 2002).
                                             follows:                                                Secretary’s authority to administer the                 2 See   75 FR 5806 (Oct. 26, 2010).



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Document Created: 2018-02-14 08:26:41
Document Modified: 2018-02-14 08:26:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: November 4, 2016.
ContactThe 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 Citation81 FR 76861 
CFR Citation31 CFR 501
31 CFR 593
CFR AssociatedAdministrative Practice and Procedure; Banks; Banking; Blocking of Assets; Credit; Foreign Trade; Imports; Liberia; Penalties; Reporting and Recordkeeping Requirements; Sanctions and Securities

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