The Department of the Treasury's Office of Foreign Assets Control (OFAC) is amending the Terrorism List Governments Sanctions Regulations to implement changes resulting from the...
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is amending the Terrorism List Governments Sanctions Regulations to implement changes resulting from the rescission of the designation of Syria as a State Sponsor of Terrorism. Specifically, OFAC is removing and reserving a Syria-specific general license because the authorization is no longer necessary following the rescission.
This document and additional information concerning OFAC are available on OFAC's website:
ofac.treasury.gov.
Background
On December 29, 1979, in accordance with section 6(i)(1) of the Export Administration Act of 1979, the President designated Syria as a State Sponsor of Terrorism (2 Pub. Papers 2290, 2294 (December 29, 1979)). On August 22, 1996, OFAC promulgated the Terrorism List Governments Sanctions Regulations, 31 CFR part 596 (61 FR 43462, August 23, 1996) (the “Regulations”), to implement section 321 of the Antiterrorism and Effective Death Penalty Act of 1996 (18 U.S.C. 2332d). The Regulations have been updated multiple times since then, most recently December 2022 (87 FR 78481, December. 21, 2022), when two general licenses were added.
On July 8, 2026, consistent with section 1754(c)(4) of the National Defense Authorization Act for Fiscal Year 2019 (50 U.S.C. 4813(c)(4)), the President certified and reported to Congress that the Government of Syria had not provided any support for acts of international terrorism during the preceding six-month period and that the Government of Syria had provided assurances that it would not support acts of international terrorism in the future (H. Doc. 119-168, 119th Cong., 2d sess., at 3 (2026)). Effective August 24, 2026, based on the considerations regarding Syria contained in the memorandum accompanying the Presidential Report of July 8, 2026, and in accordance with applicable law, the Secretary of State rescinded Syria's designation as a State Sponsor of Terrorism (91 FR 55965, August 31, 2026).
In accordance with the rescission of the designation of Syria as a State Sponsor of Terrorism, the Government of Syria is no longer a Terrorism List Government for purposes of the Regulations. Accordingly, the Syria-specific general license in § 596.505 is no longer necessary, and this rule removes and reserves that section.
Public Participation
Because the Regulations involve a foreign affairs function, the provisions of E.O. 12866 of September 30, 1993, “Regulatory Planning and Review” (58 FR 51735, October 4, 1993), as amended, and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date, as well as the provisions of E.O. 14192 of January 31, 2025, “Unleashing Prosperity Through Deregulation” (90 FR 6065, February 6, 2025), and E.O. 14219 of February 19, 2025, “Ensuring Lawful Governance and Implementing the President's `Department of Government Efficiency' Deregulatory Initiative” (90 FR 10583, February 25, 2025), 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.
Section 5 of E.O. 14294 of May 9, 2025, “Fighting Overcriminalization in Federal Regulations” (90 FR 20367, May 14, 2025), directs that all future notices of proposed rulemaking (NPRMs) and final rules published in the
Federal Register
, the violation of which may constitute criminal regulatory offenses, should include a statement identifying that the rule or proposed rule is a criminal regulatory offense and the authorizing statute. E.O. 14294 directs agencies to draft this statement in consultation with the Department of Justice.
E.O. 14294 further directs that the regulatory text of all NPRMs and final rules with criminal consequences published in the
Federal Register
after May 9, 2025, should explicitly state a mens rea requirement for each element of a criminal regulatory offense, accompanied by citations to the relevant provisions of the authorizing statute.
Willful violations of the regulations set forth in this final rule may be subject to criminal penalties pursuant to 50 U.S.C. 1705 and regulations promulgated thereunder. The statutory authority for criminal liability requires a mens rea of willfulness as an element pursuant to 50 U.S.C. 1705(c). In drafting this statement, OFAC has consulted with the Department of Justice.
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.