82 FR 27613 - Removal of Burmese Sanctions Regulations

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control

Federal Register Volume 82, Issue 115 (June 16, 2017)

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

[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Rules and Regulations]
[Pages 27613-27614]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12557]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 537


Removal of Burmese Sanctions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (OFAC) is removing from the Code of Federal Regulations the 
Burmese Sanctions Regulations as a result of the termination of the 
national emergency on which the regulations were based.

DATES: Effective: June 16, 2017.

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).

Background

    On May 20, 1997, the President issued Executive Order 13047, 
``Prohibiting New Investment in Burma'' (E.O. 13047), in which the 
President declared a national emergency to deal with the unusual and 
extraordinary threat to the national security and foreign policy of the 
United States posed by the actions and policies of the Government of 
Burma, in response to a deepening pattern of severe repression by the 
State Law and Order Restoration Council, the then-governing regime in 
Burma. In E.O. 13047, the President also determined and certified that, 
for purposes of section 570(b) of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1997 (Public Law 
104-208), the Government of Burma had committed large-scale repression 
of the democratic opposition in Burma after September 30, 1996, and 
E.O. 13047 imposed a prohibition on new investment in

[[Page 27614]]

Burma. The scope of the national emergency with respect to Burma was 
modified and additional steps were taken to respond to the threat posed 
by the actions and policies of the Government of Burma in Executive 
Order 13310 of July 28, 2003 (E.O. 13310); Executive Order 13448 of 
October 18, 2007 (E.O. 13448); Executive Order 13464 of April 30, 2008 
(E.O. 13464); Executive Order 13619 of July 11, 2012 (E.O. 13619); and 
Executive Order 13651 of August 6, 2013 (E.O. 13651). Further actions 
also were taken under Burma sanctions statutes, namely the Burmese 
Freedom and Democracy Act of 2003 (Public Law 108-61) and the Tom 
Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008 
(Public Law 110-286) (JADE Act).
    On May 21, 1998, OFAC issued the Burmese Sanctions Regulations, 31 
CFR part 537 (the ``Regulations''), as a final rule to implement E.O. 
13047. The Regulations were amended and reissued in their entirety in 
2005 to implement E.O. 13310, and again in 2014 to implement E.O. 
13448, E.O.13464, E.O. 13619, and E.O. 13651. OFAC also has amended the 
Regulations on various occasions to add general licenses and make other 
updates, as well as issued and made available on its Web site several 
general licenses.
    On October 7, 2016, the President issued Executive Order 13742, 
``Termination of Emergency With Respect to the Actions and Policies of 
the Government of Burma'' (E.O. 13742). In E.O. 13742, the President 
found that the situation that gave rise to the declaration of a 
national emergency in E.O. 13047, with respect to the actions and 
policies of the Government of Burma, had been significantly altered by 
Burma's substantial advances to promote democracy, including historic 
elections in November 2015 that resulted in the former opposition 
party, the National League for Democracy, winning a majority of seats 
in the national parliament and the formation of a democratically 
elected, civilian-led government; the release of many political 
prisoners; and greater enjoyment of human rights and fundamental 
freedoms, including freedom of expression and freedom of association 
and peaceful assembly. Accordingly, the President terminated the 
national emergency declared in E.O. 13047, and revoked that order, E.O. 
13310, E.O. 13448, E.O. 13464, E.O. 13619, and E.O. 13651.
    As a result, OFAC is removing the 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. 13742, 
termination of the national emergency declared in E.O. 13047, as 
modified in scope by E.O. 13448 and E.O. 13619, shall not affect any 
action taken or proceeding pending not fully concluded or determined as 
of 1:00 p.m. eastern daylight time on October 7, 2016 (the effective 
date of E.O. 13742), 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.

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 and the 
provisions of Executive Order 13771 are inapplicable. Because no notice 
of proposed rulemaking is required for this rule, the Regulatory 
Flexibility Act (5 U.S.C. 601-612) does not apply.

Paperwork Reduction Act

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

List of Subjects in 31 CFR Part 537

    Administrative practice and procedure, Banks, Banking, Blocking of 
assets, Burma, Credit, Exportation, Foreign Trade, Importation, 
Imports, Investments, Jadeite, Loans, New investment, Penalties, 
Reporting and recordkeeping requirements, Rubies, Securities, Services, 
Specially Designated Nationals.

    For the reasons set forth in the preamble, and under the authority 
of 3 U.S.C. 301; 50 U.S.C. 1601-1651; Pub. L. 110-286, 122 Stat. 2632; 
E.O. 13047, 62 FR 28301, 3 CFR, 1997 Comp., p. 202; E.O. 13310, 68 FR 
44853, 3 CFR, 2003 Comp., p. 241; E.O. 13448, 72 FR 60223, 3 CFR, 2007 
Comp., p. 304; E.O. 13464, 73 FR 24491, 3 CFR, 2008 Comp., p. 189; E.O. 
13619, 77 FR 41243, 3 CFR, 2012 Comp., p. 279; E.O. 13651, 78 FR 48793, 
3 CFR, 2014 Comp., p. 324; and E.O. 13742, 81 FR 70593 (October 12, 
2016), OFAC amends 31 CFR chapter V as follows:

PART 537--[REMOVED]

0
1. Remove part 537.

    Dated: June 13, 2017.
John E. Smith,
Director, Office of Foreign Assets Control.
[FR Doc. 2017-12557 Filed 6-15-17; 8:45 am]
 BILLING CODE 4810-AL-P