Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8933

Services, U.S. Department of Justice,

633 Indiana Avenue, N.W., Suite 300,

Washington, DC 20531, telephone (202)

514–2058.

SUPPLEMENTARY INFORMATION: This order

pertains to a matter of internal

Department management, 5 U.S.C.

553(b)(A). It does not have a significant

impact on a substantial number of small

entities, 5 U.S.C. 605(b). It is not a

significant regulatory action within the

meaning of or subject to Executive

Order 12866, and has not been reviewed

by the Office of Management and

Budget. Comments are invited as to

whether any modifications to the

existing Department of Justice hearing

and appeal procedures set forth in 28

CFR part 18 should be made in

connection with the grants to be

awarded under the Violent Crime

Control and Law Enforcement Act of

1994 (Pub. L. 103–322) by the new

Office of Community Oriented Policing

Services.

List of Subjects in 28 CFR Part 0

Authority delegations (Government

agencies), Government employees,

Organization and functions

(Government agencies), Whistleblowing.

Accordingly, by virtue of the

authority vested in me as Attorney

General by 5 U.S.C. 301 and 28 U.S.C.

509, 510, part 0 of title 28 of the Code

of Federal Regulations is amended as

follows:

PART 0—AMENDED

1. The authority citation for part 0

continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509,

510, 515–519.

§ 0.1 [Amended]

2. Part 0, subpart A, § 0.1 is amended

by adding at the end of the list under

‘‘Offices’’ the title ‘‘Office of Community

Oriented Policing Services.’’

3. Subpart U–1 of part 0 is added, to

read as follows:

Subpart U–1—Office of Community

Oriented Policing Services

Sec.

0.119 Organization.

0.120 General functions.

0.121 Applicability of existing

departmental regulations.

§ 0.119 Organization.

The Office of Community Oriented

Policing Services shall be headed by a

Director appointed by the Attorney

General. The Director shall report to the

Attorney General through the Associate

Attorney General.

§ 0.120 General functions.

The Director, Office of Community

Oriented Policing Services shall:

(a) Exercise the powers and perform

the functions vested in the Attorney

General by Title I and subtitle H of Title

III of the Violent Crime Control and Law

Enforcement Act of 1994 (Pub. L. 103–

322); and

(b) Perform such other duties and

functions relating to policing and law

enforcement as may be specially

assigned by the Attorney General or the

Associate Attorney General.

§ 0.121 Applicability of existing

departmental regulations.

Unless superseded by regulations

promulgated by the Office of

Community Oriented Policing Services,

Departmental regulations set forth in

part 18 of this title, applicable to grant

programs administered through the

Office of Justice Programs, shall apply

with equal force and effect to grant

programs administered by the Office of

Community Oriented Policing Services,

with references to the Office of Justice

Programs and its components in such

regulations deemed to refer to the Office

of Community Oriented Policing

Services, as appropriate.

Dated: February 3, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95–3719 Filed 2–15–95; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 500

Foreign Assets Control Regulations;

North Korean Travel and Financial

Transactions; Information and

Informational Materials

AGENCY: Office of Foreign Assets

Control, Treasury.

ACTION: Final rule; amendments.

SUMMARY: The Treasury Department is

amending the Foreign Assets Control

Regulations (the ‘‘Regulations’’)

consistent with commitments

undertaken in the October 21, l994

U.S.–Democratic People’s Republic of

Korea (‘‘North Korea’’) Framework

Agreement. In addition, the Regulations

are also being amended to bring them

into conformity with recent

amendments to the Trading with the

Enemy Act.

EFFECTIVE DATE: February 14, 1995.

FOR FURTHER INFORMATION CONTACT:

Steven I. Pinter, Chief of Licensing (tel.:

202/622–2480), or William B. Hoffman,

Chief Counsel (tel.: 202/622–2410),

Office of Foreign Assets Control,

Department of the Treasury,

Washington, D.C. 20220.

SUPPLEMENTARY INFORMATION:

Electronic Availability

This document is available as an

electronic file on The Federal Bulletin

Board the day of publication in the

Federal Register. By modem dial 202/

512–1387 or call 202/512–1530 for disks

or paper copies. This file is available in

Postscript, WordPerfect 5.1 and ASCII.

Background

On October 21, 1994, the United

States and North Korea agreed, in the

context of broader negotiations, to begin

reducing barriers to trade and

investment. Based on these mutual

commitments, the Regulations are being

amended by (1) adding a new § 500.580

to authorize the clearing through the

U.S. banking system of U.S. dollar

transactions in which North Korea or a

national thereof has an interest; (2)

adding a new § 500.581 to authorize

transactions related to the operation of

certain U.S. and North Korean

diplomatic missions in the United

States and North Korea; (3) amending

§ 500.563 to authorize all U.S. persons’

transactions with respect to travel to,

from, and within North Korea, including

removal of restrictions on group travel

and travel service providers (including

travel agents, carriers, ticket agents and

commercial and noncommercial

organizations that promote or arrange

travel) and removal of the prior $200 per

diem ceiling on expenditures; (4)

amending § 500.566, regarding the

authorization of travel–related

transactions by North Korean nationals

in the United States; (5) amending

§ 500.579 to authorize the case–by–case

unblocking of certain funds which came

into the possession or control of U.S.

banking institutions through wire

transfer instructions or check

remittances in which North Korea or a

national thereof has or has had an

interest, provided no funds are

transferred directly to the Government

of North Korea, entities controlled by

the Government of North Korea, or to

persons in North Korea; and (6)

removing § 500.564, regarding

reimbursment of travel costs by foreign

subsidiaries, and § 500.569, regarding

group travel to North Korea, as no

longer necessary.

Section 500.582 is added to the

Regulations to provide a statement of

licensing policy noting that specific

licenses may be issued for the
8934 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

importation into the United States of

North Korean–origin magnesite or

magnesia, because the absence of North

Korea as a supplier subjects U.S.

importers to unreasonably high prices

due to otherwise limited foreign

sources. Section 500.583 is added to the

Regulations to provide that specific

licenses may be issued to authorize

transactions necessary to establish

offices in North Korea of U.S. news

organizations and for offices in the

United States of North Korean news

organizations. Finally, § 500.584 is

added to the Regulations to provide that

specific licenses may be issued to

authorize U.S. persons to participate in

certain types of energy sector projects in

North Korea with respect to the

replacement of existing nuclear reactors

with light–water reactor power plants.

Section 525(b) of the Foreign

Relations Authorization Act, Fiscal

Years 1994 and 1995, Pub. L. No. 103–

236, 108 Stat. 474 (the ‘‘FRAA’’),

amended section 5(b)(4) of the Trading

with the Enemy Act, 50 U.S.C. App.

5(b)(4) (‘‘TWEA’’), to expand the list of

items defined as categories of

informational materials to include

compact discs, CD ROMs, artworks, and

news wire feed. In addition, section

5(b)(4) of TWEA, as amended, exempts

from the authority granted to the

President pursuant to TWEA the

authority to regulate or prohibit, directly

or indirectly, the exportation or

importation, whether commercial or

otherwise, of information or

informational materials regardless of

format or medium of transmission,

except exportations that would be

controlled pursuant to national security,

nonproliferation, or antiterrorism

provisions of the Export Administration

Act of 1979, 50 U.S.C. App. 2401–2420,

or espionage provisions of 18 U.S.C.

chapter 37. Section 500.571 of the

Regulations is being amended to reflect

the exemption from regulation of all

transmissions of noncontrolled

information over existing

telecommunications circuits, including

current settlement of

telecommunications fees between the

United States and North Korea.

Note: The FRAA exemption applies to

transmissions of information, not

telecommunications facilities and equipment

used to transmit information. Exportation

from the United States of equipment to

enhance gateway–to–gateway

telecommunications service with North

Korea is subject to licensing requirements of

the Department of Commerce, in conjunction

with the general license in § 500.533 of the

Regulations. Exportation or reexportation of

such equipment to North Korea from a third

country by a U.S. person requires a specific

license from FAC and may also be subject to

Commerce Department licensing provisions

set forth in the Export Administration

Regulations, 15 CFR parts 768–799.

Section 500.206 is amended to reflect

the FRAA exemption that applies to

transactions concerning exportation and

importation of information and

informational materials. The definition

of the term ‘‘informational materials’’

contained in § 500.332 is amended to

conform the section to amended section

5(b)(4) of TWEA. Conforming

amendments are also made to § 500.550,

which authorizes transactions related to

the importation and exportation of

information and informational

materials.

Because the Regulations 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.

List of Subjects in 31 CFR Part 500

Administrative practice and

procedure, Banks, Banking, Cambodia,

Exports, Fines and penalties, Finance,

Foreign investment in the United States,

Foreign trade, Imports, Information and

informational materials, International

organizations, North Korea, Reporting

and recordkeeping requirements,

Securities, Services, Travel restrictions,

Trusts and estates, Vietnam.

For the reasons set forth in the

preamble, 31 CFR part 500 is amended

as set forth below:

PART 500—FOREIGN ASSETS

CONTROL REGULATIONS

1. The authority citation for part 500

continues to read as follows:

Authority: 50 U.S.C. App. 1–44; E.O. 9193,

7 FR 5205, 3 CFR, 1938–1943 Comp., p. 1174;

E.O. 9989, 13 FR 4891, 3 CFR, 1943–1948

Comp., p. 748.

Subpart B—Prohibitions

2. The section heading and

paragraphs (a) and (b) of § 500.206 are

revised to read as follows, the words

‘‘information or’’ are added before the

words ‘‘informational materials’’ in each

place they appear in paragraph (c) of

§ 500.206, and the word

‘‘synchronization’’ and the comma

following it are removed from Example

#4 of § 500.206:

§ 500.206 Exemption of information and

informational materials.

(a) The importation from any country

and the exportation to any country of

information or informational materials

as defined in § 500.332, whether

commercial or otherwise, regardless of

format or medium of transmission, are

exempt from the prohibitions and

regulations of this part.

(b) All transactions of common

carriers incident to the importation or

exportation of information or

informational materials, including mail,

between the United States and any

foreign country designated under

§ 500.201, are exempt from the

prohibitions and regulations of this part.

* * * * *

Subpart C—General Definitions

3. Section § 500.332 is revised to read

as follows:

§ 500.332 Information and informational

materials.

(a) For purposes of this part, the term

informational materials includes,

without limitation:

(1) Publications, films, posters,

phonograph records, photographs,

microfilms, microfiche, tapes, compact

disks, CD ROMs, artworks, and news

wire feeds.

(2) To be considered informational

materials, artworks must be classified

under chapter subheading 9701, 9702,

or 9703 of the Harmonized Tariff

Schedule of the United States.

(b) The terms information and

informational materials with respect to

U.S. exports do not include items:

(1) that would be controlled for export

pursuant to section 5 of the Export

Administration Act of 1979, 50 U.S.C.

App. 2401–2420 (1979) (the ‘‘EAA’’), or

section 6 of the EAA to the extent that

such controls promote the

nonproliferation or antiterrorism

policies of the United States, including

‘‘software’’ that is not ‘‘publicly

available’’ as these terms are defined in

15 CFR Parts 779 and 799.1 (1994); or

(2) with respect to which acts are

prohibited by 18 U.S.C. chapter 37.

Subpart E—Licenses, Authorizations,

and Statements of Licensing Policy

4. The section heading and paragraph

(a) of § 500.550 are revised to read as

follows, and the words ‘‘information or’’

are added before the words

‘‘informational materials’’ in each place

they appear in the first sentence of

paragraph (b) of § 500.550:
Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8935

§ 500.550 Transactions related to

information and informational materials.

(a) All financial and other

transactions directly incident to the

importation or exportation of

information or informational materials

as defined in § 500.332 of this part are

authorized.

* * * * *

5. The section heading and text of

§ 500.563 are revised to read as follows:

§ 500.563 Transactions incident to travel

to and within North Korea.

(a) All transactions of persons subject

to U.S. jurisdiction, including travel

service providers, ordinarily incident to

travel to, from, and within North Korea

and to maintenance within North Korea

are authorized. This authorization

extends to transactions with North

Korean carriers and those involving

group tours, payment of living expenses,

the acquisition of goods in North Korea

for personal use, and normal banking

transactions involving currency drafts,

charge, debit or credit cards, traveler’s

checks, or other financial instruments

negotiated incident to personal travel.

(b) The purchase of merchandise in

North Korea by persons subject to U.S.

jurisdiction, and importation as

accompanied baggage, is limited to

goods with a foreign market value not to

exceed $100 per person for personal use

only. Such merchandise may not be

resold. This authorization may be used

only once in every six consecutive

months. As provided in § 500.206 of this

part, information and informational

materials are exempt from this

restriction.

(c) This section does not authorize

any debit to a blocked account.

§ 500.564 [Reserved]

6. Section 500.564 is removed and

reserved.

7. Paragraph (b) of § 500.566 is

removed, paragraph (c) is redesignated

as paragraph (b), and the section

heading and the introductory text of

paragraph (a) and paragraph (a)(1) are

revised to read as follows:

§ 500.566 Certain transactions authorized

on behalf of North Korean nationals

incident to their travel and maintenance

expenses.

(a) Except as provided in paragraph

(b) of this section, the following

transactions are authorized by or on

behalf of a national of North Korea who

enters the United States on a visa issued

by the Department of State:

(1) All transactions ordinarily

incident to travel to, from, and within

the United States are authorized,

including the importation into the

United States of accompanied baggage

for personal use;

* * * * *

§ 500.569 [Reserved]

8. Section 500.569 is removed and

reserved.

§ 500.571 [Amended]

9. Section 500.571 is amended by

removing the word ‘‘Vietnam’’ and

adding the words ‘‘North Korea’’

wherever it appears.

10. Section 500.579 is amended by

designating the current text as

paragraph (a), and by adding the

following paragraph (b) to the end of the

section to read as follows:

§ 500.579 Authorization for release of

certain blocked transfers by banking

institutions subject to U.S. jurisdiction.

* * * * *

(b) Specific licenses may be issued

authorizing the return to the remitting

party of funds that were blocked by

banking institutions subject to the

jurisdiction of the United States

pursuant to this part because of an

interest of North Korea or a national

thereof and that came into the banking

institution’s possession or control by

wire transfer or check remittance,

provided that no funds are released to

the Government of North Korea, any

entity controlled by the Government of

North Korea, or any person located in,

controlled from, or organized under the

laws of North Korea.

11. Section 500.580 is added to read

as follows:

§ 500.580 Authorization of U.S. dollar

clearing transactions involving North

Korea.

Banking institutions organized under

the laws of or located in the United

States are authorized to process the

transfer of funds in which North Korea

or a national thereof has an interest.

Persons subject to U.S. jurisdiction who

are originators or ultimate beneficiaries

of funds transfers, however, including

U.S. banking institutions that are

themselves originators or beneficiaries,

may not initiate or receive such

transfers if the underlying transactions

to which they relate are prohibited

pursuant to this part.

12. Section 500.581 is added to read

as follows:

§ 500.581 Financial transactions related to

diplomatic missions authorized.

All financial transactions related to

activities of North Korean diplomatic

missions in the United States and U.S.

diplomatic missions in North Korea are

authorized, with the exception of

transactions involving the North Korean

mission to the United Nations in New

York, which are subject to approval by

specific license.

13. Section 500.582 is added to read

as follows:

§ 500.582 Importation of North Koreanorigin magnesite and magnesia.

Specific licenses may be issued

authorizing the importation into the

United States of North Korean–origin

magnesite or magnesia.

14. Section 500.583 is added to read

as follows:

§ 500.583 News organization offices.

(a) Specific licenses may be issued

authorizing all transactions necessary

for the establishment and operation of

news bureaus in North Korea by U.S.

organizations whose primary purpose is

the gathering and dissemination of news

to the general public.

(b) Transactions that will be

authorized include but are not limited

to those incident to the following:

(1) leasing office space and securing

related goods and services;

(2) hiring North Korean nationals to

serve as support staff;

(3) purchasing North Korean-origin

goods for use in the operation of the

office; and

(4) paying fees related to the operation

of the office in North Korea.

(c) Specific licenses may be issued

authorizing transactions necessary for

the establishment and operation of news

bureaus in the United States by North

Korean organizations whose primary

purpose is the gathering and

dissemination of news to the general

public.

(d) The number assigned to a specific

license issued pursuant to this section

should be referenced in all import

documents, and in all funds transfers

and other banking transactions through

banking institutions organized or

located in the United States, in

connection with the licensed

transactions to avoid the blocking of

goods imported from North Korea and

the interruption of the financial

transactions with North Korea.

15. Section 500.584 is added to read

as follows:

§ 500.584 Energy sector projects in North

Korea.

Specific licenses may be issued to

permit persons subject to U.S.

jurisdiction to participate in certain

energy sector projects in North Korea in

connection with that country’s

transition to light-water reactor (‘‘LWR’’)

power plants. Transactions that may be

licensed include those related to LWR
8936 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

power plant design, site preparation,

excavation, delivery of essential

nonnuclear components including

turbines and generators, building

construction, the disposition of

spentnuclear fuel, and the provision of

heavy oil to North Korea for heating and

electricity generation pending

completion of the first LWR unit.

Dated: February 7, 1995.

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: February 8, 1995.

John Berry,

Deputy Assistant Secretary (Enforcement).

[FR Doc. 95–3984 Filed 2–14–95; 9:15 am]

BILLING CODE 4810–25–F

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 40a

Defense Contracting; Reporting

Procedures on Defense Related

Employment

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: This rule is the fiscal year

1994 revision of the section listing DoD

contractors receiving contract awards of

$10 million or more. This part is

published to comply with the

provisions of section 1, Public Law 97–

295, October 12, 1982; 10 U.S.C. 2397.

EFFECTIVE DATE: September 30, 1994.

FOR FURTHER INFORMATION CONTACT: Mr.

R.S. Drake, Director, Directorate for

Information Operations and Reports,

Washington Headquarters Services,

1215 Jefferson Davis Highway, Suite

1204, Arlington, VA 22202–4302.

Telephone (703) 604–4569.

List of Subjects in 32 CFR Part 40a

Armed forces, Conflict of interests,

Government employees, Government

procurement, Reporting and

recordkeeping requirements.

Accordingly, 32 CFR part 40a is

revised to read as follows:

PART 40a—DEFENSE CONTRACTING:

REPORTING PROCEDURES ON

DEFENSE RELATED EMPLOYMENT

Authority: 10 U.S.C. 2397.

§ 40a.1 Department of Defense contractors

receiving awards of $10 million or more.

Fiscal Year 1994

A C S Construction Co. of Mississippi

A G Marketing Inc.

A I L Systems Inc.

A W D Technologies, Inc.

AAI Corp.

AAR Manufacturing Inc.

ABB Business Services (DEL)

ACC Construction Co., Inc.

AEL Industries Inc.

AM General Corp.

ARC Prfessional Services Group

AT&T Corp.

AT&T Global Information Solutions Co.

Abacus Technology Corp.

Absher Construction Co., Inc.

Addision, L & Associates Inc.

Adler & Stern (1968), Ltd.

Adminastar Inc.

Advance Electronic Co., Ltd.

Advance Ratio Design Co., Inc.

Advance, Inc.

Advanced Communications Systems

Advanced Integrated Technology, Inc.

Advanced Marine Enterprises

Advanced Resource Technologies

Aepco, Inc.

Aerojet Electro Systems

Aerojet-General Corp.

Aeroquip Corp.

Aerospace Corp.

Aetna Casualty & Surety Co., Inc.

Agip SPA

Air Cruisers Co., Inc.

Air Transport International

Air Treads, Inc.

Aksarben Foods, Inc.

Alabama Power Co.

Alder Construction Co.

Alenia Aeritalia E Selenia SPA

Alisud SPA

Alliant Techsystems, Inc.

Allied Petro, Inc.

Allied Signal Avionics Inc.

Allied Signal Technical Services

Allied Signal, Inc.

Allison Engine Co., Inc.

AllStar/SAB

Alpha Marine Services, Inc.

Amdura Corp.

Amerada Hess Corp.

American Apparel, Inc.

American Auto Carriers Inc.

American Automar Inc.

American Engineering Corp.

American International Airways

American Management Systems Inc.

American President Lines Ltd.

American Renovation Construction Co.

American Systems Corp.

Amerind, Inc.

Ames Construction, Inc.

Amoco Corp.

Amtec Corp.

Analysis & Technology, Inc.

Analytic Services, Inc.

Analytical Systems Engineering Corp.

Anderson-Tully Co.

Andrulis Research Corp.

Applied Construction Technology

Applied Data Technology, Inc.

Applied Ordnance Technology

Applied Research Associates, Inc.

Aquidneck Management Association, Ltd.

Arbel Fauvent Rail

Arctic Slope Regional Corp.

Arinc, Inc.

Arinc Research Corp.

Arrow Air Inc.

Asea Brown Boveri Inc.

Assurance Technology Corp.

Astra Holdings Corp.

Astra Resources Inc.

Astronautics Corporation of America

Atherton Construction, Inc.

Atkins, Claude E. Enterprises

Atkinson, Guy F., Co. NV

Atlantic Marine Inc.

Atlantic Richfield Co.

Austin Co., The

Autec Range Services

Avoc Corp.

Avondale Industries, Inc.

B A M S I Inc.

B B A Equity Inc

B D S Inc.

B O C Holdings

B P International, Ltd.

BBDO Worldwide Inc.

BDM International Inc.

BHP Petroleum International PT

BICC USA., Inc.

BKM Enterprises Inc.

BTG Inc.

BTR Dunlop Holdings Inc.

Baker Michael Corp.

Baker Support Services, Inc.

Ball Corp.

Banes General Contractors Inc.

Barrett Refining Corp.

Bates & Associates Inc.

Bath Holding Corp.

Battelle Development Corp.

Battelle Memorial Institute

Bay Tankers, Inc.

Bean, C.F. Corp.

Bechtel Corp.

Beech Aircraft Corp.

Bell Atlantic Network Services, Inc.

Bell Atlantic-Virginia Inc.

Bell BCI Co.

Bell Corporation of Rochester

Bell Helicopter Textron, Inc.

Bender, Allen L., Inc.

Beneco Enterprises, Inc.

Bergen Brunswig Corp.

Berliner Elektro Holding AG

Binghamton Simulator Co.

Black & Veatch Holding Co.

Blinderman Construction Co.

Blue Cross & Blue Shield of South Carolina

Boeing Aerospace Operations

Boeing Company, The

Boeing Sikorsky LHX Program Office

Boland, David, Inc.

Bollinger Machine Shop & Shipyard

Bolt Beranek & Newman, Inc.

Bombardier Corp.

Bombardier International BV

Booz Allen & Hamilton, Inc.

Bozell Jacobs Kenyon Eckhardt Inc.

Brantley Construction Co.

Braswell Services Group Inc.

British Aerospace Inc.

Brown & Root Holdings Inc.

Brown, Dayton T., Inc.

Brunswick Corp.

Buckner & Moore, Inc.

Buffalo Airways Inc.

Bull Data Systems Inc.

Burns & McDonnell Inc.

C & P Corp.

C C I Construction Co., Inc.

C Construction Co., Inc.

C D M Federal Programs Corp.

C E R Inc.

C Q Construction Corp.