[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Rules and Regulations]
[Pages 15831-15832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6155]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Parts 538 and 560


Sudanese Sanctions Regulations; Iranian Transactions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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SUMMARY: The Office of Foreign Assets Control of the U.S. Department of 
the Treasury is amending the Sudanese Sanctions Regulations, 31 CFR 
part 538, and the Iranian Transactions Regulations, 31 CFR part 560, to 
authorize the exportation or reexportation, directly or indirectly, 
from the United States or by a U.S. person, wherever located, of any 
goods or technology to a third-country government, or to its 
contractors or agents, for shipment to, respectively, Sudan or Iran via 
a diplomatic pouch.

DATES: Effective Date: April 3, 2007.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Compliance 
Outreach & Implementation, tel.: 202/622-2490, Assistant Director for 
Licensing, tel.: 202/622-2480, Assistant Director for Policy, tel.: 
202/622-4855, or Chief Counsel, tel.: 202/622-2410, Office of Foreign 
Assets Control, Department of the Treasury, Washington, DC 20220.

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

    This document and additional information concerning the Office of 
Foreign Assets Control are available from OFAC's Web site (http://www.treas.gov/ofac) or via facsimile through a 24-hour fax-on demand 
service, tel.: (202) 622-0077.

Background

    The Sudanese Sanctions Regulations, 31 CFR part 538 (the ``SSR''), 
were promulgated to implement Executive Order 13067 of November 3, 1997 
(``E.O. 13067''), in which the President declared a national emergency 
with respect to the policies and actions of the Government of Sudan. To 
deal with that emergency, E.O. 13067 imposed comprehensive trade 
sanctions with respect to Sudan and blocked all property and interests 
in property of the Government of Sudan in the United States or within 
the possession or control of United States persons. Subsequently, the 
President issued Executive Order 13412 of October 13, 2006 (``E.O. 
13412''), to take additional steps with respect to the emergency 
declared in E.O. 13067. While it exempted specific areas of Sudan from 
certain prohibitions in E.O. 13067, E.O. 13412 continued the blocking 
of the Government of Sudan's property and interests in property and 
imposed a prohibition on transactions relating to Sudan's petroleum or 
petrochemical industries. E.O. 13412 also removed the regional 
government of Southern Sudan from the definition of the Government of 
Sudan.
    Existing Sec.  538.516 of the SSR authorizes all transactions in 
connection with the importation into the United States from Sudan, or 
the exportation from the United States to Sudan, of diplomatic pouches 
and their contents. OFAC is amending this general license to expand the 
scope of authorized transactions relating to the importation and 
exportation of diplomatic pouches and their contents. Specifically, 
OFAC is revising Sec.  538.516 of the SSR by re-designating the 
original section as Sec.  538.516(a) and by adding a new paragraph (b). 
New Sec.  538.516(b) authorizes the exportation or reexportation, 
directly or indirectly, from the United States or by a U.S. person, 
wherever located, of any goods or technology to a third-country 
government, or to its contractors or agents, for shipment to Sudan via 
a diplomatic pouch. In addition, Sec.  538.516(b) clarifies that, to 
the extent necessary, the shipment by a third-country government to 
Sudan of U.S.-origin goods or technology in a diplomatic pouch is 
authorized.
    The Iranian Transactions Regulations, 31 CFR part 560 (the 
``ITR''), implement a series of Executive orders, beginning with 
Executive Order 12957 of March 15, 1995, in which the President 
declared a national emergency with respect to the actions and policies 
of the Government of Iran. To deal with that threat, Executive Order 
12957 imposed prohibitions on certain transactions with respect to the 
development of Iranian petroleum resources. On May 6, 1995, the 
President issued Executive Order 12959 imposing comprehensive trade 
sanctions to further respond to the threat, and on August 19, 1997, the 
President issued Executive Order 13059

[[Page 15832]]

consolidating and clarifying the previous orders.
    Existing Sec.  560.521 of the ITR authorizes all transactions in 
connection with the importation into the United States from Iran, or 
the exportation from the United States to Iran, of diplomatic pouches 
and their contents. As with Sec.  538.516 of the SSR, OFAC is revising 
Sec.  560.521 of the ITR by re-designating the original section as 
Sec.  560.521(a) and by adding a new paragraph (b). New Sec.  
560.521(b) authorizes the exportation, reexportation, sale, or supply, 
directly or indirectly, from the United States or by a U.S. person, 
wherever located, of any goods or technology to a third-country 
government, or to its contractors or agents, for shipment to Iran via a 
diplomatic pouch. It also authorizes, to the extent necessary, the 
shipment by a third-country government to Iran of U.S.-origin goods or 
technology in a diplomatic pouch.

Public Participation

    Because the amendments of the SSR and the ITR involve a foreign 
affairs function, Executive Order 12866 and the provisions of 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 SSR and the ITR 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

31 CFR Part 538

    Administrative practice and procedure, Banks, Banking, Blocking of 
assets, Exports, Foreign trade, Humanitarian aid, Imports, Penalties, 
Reporting and recordkeeping requirements, Specially designated 
nationals, Sudan, Terrorism, Transportation.

31 CFR Part 560

    Administrative practice and procedure, Banks, Banking, Brokers, 
Foreign Trade, Investments, Iran, Loans, Securities.


0
For the reasons set forth in the preamble, the Office of Foreign Assets 
Control amends 31 CFR parts 538 and 560 as follows:

PART 538--SUDANESE SANCTIONS REGULATIONS

0
1. The authority citation for part 538 continues to read as follows:

    Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 18 U.S.C. 2339B, 
2332d; 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 106-387, 114 Stat. 
1549; E.O. 13067, 62 FR 59989, 3 CFR, 1997 Comp., p. 230.

Subpart E--Licenses, Authorizations, and Statements of Licensing 
Policy

0
2. Revise Sec.  538.516 to read as follows:


Sec.  538.516  Diplomatic pouches.

    The following transactions are authorized:
    (a) The importation into the United States from Sudan, or the 
exportation from the United States to Sudan, of diplomatic pouches and 
their contents; and
    (b) The exportation or reexportation, directly or indirectly, from 
the United States or by a U.S. person, wherever located, of any goods 
or technology to a third-country government, or to its contractors or 
agents, for shipment to Sudan via a diplomatic pouch. To the extent 
necessary, this section also authorizes the shipment of such goods or 
technology by the third-country government to Sudan via a diplomatic 
pouch.

    Note to paragraph (b) of Sec.  538.516: The exportation or 
reexportation of certain U.S.-origin goods or technology to a third-
country government, or to its contractors or agents, may require 
authorization by the U.S. Department of Commerce under the Export 
Administration Regulations (15 CFR parts 730 et seq.).

PART 560--IRANIAN TRANSACTIONS REGULATIONS

0
3. Revise the authority citation for part 560 to read as follows:

    Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C. 
2349aa-9; 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. 106-387, 114 
Stat. 1549; E.O. 12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 
12959, 60 FR 24757, 3 CFR, 1995 Comp., p. 356; E.O. 13059, 62 FR 
44531, 3 CFR, 1997 Comp., p. 217.

Subpart E--Licenses, Authorizations, and Statements of Licensing 
Policy

0
4. Revise Sec.  560.521 to read as follows:


Sec.  560.521  Diplomatic pouches.

    The following transactions are authorized:
    (a) The importation into the United States from Iran, or the 
exportation from the United States to Iran, of diplomatic pouches and 
their contents; and
    (b) The exportation, reexportation, sale, or supply, directly or 
indirectly, from the United States or by a U.S. person, wherever 
located, of any goods or technology to a third-country government, or 
to its contractors or agents, for shipment to Iran via a diplomatic 
pouch. To the extent necessary, this section also authorizes the 
shipment of such goods or technology by the third-country government to 
Iran via a diplomatic pouch.

    Note to paragraph (b) of Sec.  560.521: The exportation or 
reexportation of certain U.S.-origin goods or technology to a third-
country government, or to its contractors or agents, may require 
authorization by the U.S. Department of Commerce under the Export 
Administration Regulations (15 CFR parts 730 et seq.).


    Dated: February 23, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
 [FR Doc. E7-6155 Filed 4-2-07; 8:45 am]
BILLING CODE 4811-42-P