25430 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 

in § 1.6045–4. This information is 

required by the IRS to verify compliance 

with income reporting obligations with 

respect to lump-sum sales of timber. 

This information will be used to enable 

the IRS to verify that a taxpayer is 

reporting the correct amount of income. 

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 OMB control number. 

Books or records relating to a 

collection of information must be 

retained as long as their contents may 

become material in the administration 

of any internal revenue law. Generally, 

tax returns and return information are 

confidential, as required by 26 U.S.C. 

6103. 

Background 

This document contains amendments 

to the Income Tax Regulations under 

section 6045(e) of the Code. These 

amendments provide that sales or 

exchanges of standing timber for lumpsum payments are ‘‘reportable real 

estate’’ transactions under § 1.6045– 

4(b)(2) and, thus, shall be reported as 

provided in section 6045(e) and the 

regulations. 

On November 29, 2007, a notice of 

proposed rulemaking (REG–155669–04) 

was published in the Federal Register 

(72 FR 67589). No comments were 

received from the public in response to 

the notice of proposed rulemaking and 

no public hearing was requested or 

held. Accordingly, the proposed 

regulations are adopted by this Treasury 

decision. The final regulations make 

certain minor clarifying changes to the 

rules of the proposed regulations. 

Special Analyses 

It has been determined that this 

Treasury decision is not a significant 

regulatory action as defined in 

Executive Order 12866. Therefore, a 

regulatory assessment is not required. It 

has also been determined that section 

553(b) of the Administrative Procedure 

Act (5 U.S.C. chapter 5) does not apply 

to these regulations. It is hereby 

certified that these regulations will not 

have a significant economic impact on 

a substantial number of small entities. 

This certification is based on the fact 

that the collection of information 

burden imposed by these regulations 

flows directly from section 6045(e) of 

the Code. Moreover, requiring 

information reporting as described in 

the preamble with regard to sales or 

exchanges of standing timber for lumpsum payments imposes minimal burden 

in time or expense. Therefore, a 

Regulatory Flexibility Analysis under 

the Regulatory Flexibility Act (5 U.S.C. 

Chapter 6) is not required. Pursuant to 

section 7805(f) of the Code, the notice 

of proposed rulemaking preceding this 

regulation has been submitted to the 

Chief Counsel for Advocacy of the Small 

Business Administration for comment 

on its impact on small business. 

Drafting Information 

The principal author of these 

regulations is Timothy S. Sheppard of 

the Office of Associate Chief Counsel 

(Procedure and Administration). 

However, other personnel from the IRS 

and the Treasury Department 

participated in their development. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Adoption of Amendments to the 

Regulations 

■ Accordingly, 26 CFR part 1 is 

amended as follows: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 7805 * * * 

■ Par. 2. Section 1.6045–4 is amended 

by: 

■ 1. Redesignating paragraph (b)(2) 

introductory text as (b)(2)(i) 

introductory text. 

■ 2. In redesignated paragraph (b)(2)(i), 

further redesignating paragraphs (2)(i), 

(2)(ii), (2)(iii), and (2)(iv) as paragraphs 

(2)(i)(A), (2)(i)(B), (2)(i)(C), and (2)(i)(D), 

respectively. 

■ 3. Redesignating the undesignated text 

after newly designated paragraph 

(b)(2)(i)(D) as paragraph (b)(2)(ii) and 

adding a sentence at the end of newlydesignated paragraph (b)(2)(ii). 

■ 4. Adding new paragraph (b)(2)(i)(E). 

■ 5. Revising paragraphs (c)(2)(i) and (s). 

The revisions and additions read as 

follows: 

§ 1.6045–4 Information reporting on real 

estate transactions with dates of closing on 

or after January 1, 1991. 

* * * * * 

(b) * * * 

(2) * * * 

(i) * * * 

(E) Any non-contingent interest in 

standing timber. 

(ii) * * * Further, the term 

‘‘ownership interest’’ includes any 

contractual interest in a sale or 

exchange of standing timber for a lumpsum payment that is fixed and not 

contingent. 

* * * * * 

(c) * * * 

(2) * * * 

(i) An interest in surface or subsurface 

natural resources (for example, water, 

ores, and other natural deposits) or 

crops, whether or not such natural 

resources or crops are severed from the 

land. For purposes of this section, the 

terms ‘‘natural resources’’ and ‘‘crops’’ 

do not include standing timber. 

* * * * * 

(s) Effective/applicability date. This 

section applies for real estate 

transactions with dates of closing (as 

determined under paragraph (h)(2)(ii) of 

this section) that occur on or after 

January 1, 1991. The amendments to 

paragraphs (b)(2)(i)(E), (b)(2)(ii) and 

(c)(2)(i) of this section shall apply to 

sales or exchanges of standing timber for 

lump-sum payments completed after 

May 28, 2009. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: May 15, 2009. 

Bernard J. Knight, Jr., 

Acting General Counsel of the Treasury. 

[FR Doc. E9–12298 Filed 5–27–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 546 

Darfur Sanctions Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (‘‘OFAC’’) is adding a new part 

to the Code of Federal Regulations to 

implement Executive Order 13400 of 

April 26, 2006, ‘‘Blocking Property of 

Persons in Connection With the Conflict 

in Sudan’s Darfur Region.’’ 

DATES: Effective Date: May 28, 2009. 

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, 

Office of Foreign Assets Control, or 

Chief Counsel (Foreign Assets Control), 

tel.: 202/622–2410, Office of the General 

Counsel, Department of the Treasury 

(not toll free numbers). 

SUPPLEMENTARY INFORMATION: 

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 25431 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC 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 

On November 3, 1997, the President, 

invoking the authority of, inter alia, the 

International Emergency Economic 

Powers Act, 50 U.S.C. 1701–1706 

(‘‘IEEPA’’), issued Executive Order 

13067 (62 FR 59989, November 5, 1997) 

(‘‘E.O. 13067’’) declaring a national 

emergency with respect to the 

Government of Sudan’s policies and 

actions. These policies and actions 

included supporting international 

terrorism, destabilizing neighboring 

governments, and committing 

widespread human rights violations. 

Subsequently, on October 13, 2006, the 

President issued Executive Order 13412 

(71 FR 61369, October 17, 2006) (‘‘E.O. 

13412’’) to take additional steps with 

respect to the emergency declared in 

E.O. 13067 and to implement the Darfur 

Peace and Accountability Act of 2006. 

The Office of Foreign Assets Control 

(‘‘OFAC’’) promulgated the Sudanese 

Sanctions Regulations, 31 CFR part 538 

(the ‘‘SSR’’), on July 1, 1998, to 

implement the provisions of E.O. 13067. 

A final rule amending the SSR to 

implement the provisions of E.O. 13412 

was published in the Federal Register 

on October 31, 2007 (72 FR 61513). 

On April 26, 2006, under the 

authority of, inter alia, IEEPA and 

section 5 of the United Nations 

Participation Act, 22 U.S.C. 287c 

(‘‘UNPA’’), the President issued 

Executive Order 13400 (71 FR 25483, 

May 1, 2006) (‘‘E.O. 13400’’), effective at 

12:01 a.m. eastern daylight time on 

April 27, 2006. At the time that he 

issued E.O. 13400, the President 

condemned the continued violations of 

the N’djamena Ceasefire Agreement of 

April 8, 2004, and the Abuja 

Humanitarian and Security Protocols of 

November 9, 2004, by all sides in 

Darfur, as well as the deterioration of 

the security situation in Darfur and the 

negative impact this had on 

humanitarian assistance efforts. The 

President also strongly condemned the 

continued violence against civilians, 

including sexual violence against 

women and girls, as noted by the United 

Nations Security Council in Resolution 

1591 of March 29, 2005. To deal with 

the threat to the national security and 

foreign policy of the United States 

posed by this situation, E.O. 13400 

expanded the scope of the national 

emergency declared in E.O. 13067 with 

respect to the policies and actions of the 

Government of Sudan. It also took the 

additional steps of blocking all property 

and interests in property of certain 

persons in connection with the conflict 

in Darfur. 

Section 1(a) of E.O. 13400 blocks, 

with certain exceptions, all property 

and interests in property that are in the 

United States, that come within the 

United States, or that are or come within 

the possession or control of United 

States persons of: (1) the persons listed 

in the Annex to E.O. 13400; and (2) any 

person determined by the Secretary of 

the Treasury, after consultation with the 

Secretary of State: 

• To have constituted a threat to the 

peace process in Darfur; 

• To have constituted a threat to 

stability in Darfur and the region; 

• To be responsible for conduct 

related to the conflict in Darfur that 

violates international law; 

• To be responsible for heinous 

conduct with respect to human life or 

limb related to the conflict in Darfur; 

• To have directly or indirectly 

supplied, sold, or transferred arms or 

any related materiel, or any assistance, 

advice, or training related to military 

activities to: (i) The Government of 

Sudan; (ii) the Sudan Liberation 

Movement/Army; (iii) the Justice and 

Equality Movement; (iv) the Janjaweed; 

or (v) any person (other than a person 

listed in (i)–(iv) above) operating in the 

states of North Darfur, South Darfur, or 

West Darfur that is a belligerent, a 

nongovernmental entity, or an 

individual; 

• To be responsible for offensive 

military overflights in and over the 

Darfur region; 

• To have materially assisted, 

sponsored, or provided financial, 

material, or technological support for, or 

goods or services in support of, the 

activities described above, or any person 

listed in or designated pursuant to E.O. 

13400; or 

• To be owned or controlled by, or 

acting or purporting to act for or on 

behalf of, directly or indirectly, any 

person listed in or designated pursuant 

to E.O. 13400. 

In Section 1(b) of E.O. 13400, the 

President determined that the making of 

donations of certain articles, such as 

food, clothing, and medicine intended 

to be used to relieve human suffering, as 

specified in section 203(b)(2) of IEEPA, 

50 U.S.C. 1702(b)(2), by, to, or for the 

benefit of any person listed in or 

designated pursuant to E.O. 13400 

would seriously impair his ability to 

deal with the national emergency 

declared in E.O. 13067 and expanded in 

E.O. 13400, and the President therefore 

prohibited such donations. Accordingly, 

the donation of such items is prohibited, 

unless authorized by OFAC. 

Section 1(c) of E.O. 13400 provides 

that the prohibition on any transaction 

or dealing by a United States person or 

within the United States in blocked 

property and interests in property 

includes, but is not limited to, the 

making of any contribution or provision 

of funds, goods, or services by, to, or for 

the benefit of any person listed in or 

designated pursuant to E.O. 13400, and 

the receipt of any contribution or 

provision of funds, goods, or services 

from any such person. 

Section 2 of E.O. 13400 prohibits any 

transaction by a United States person or 

within the United States that evades or 

avoids, or has the purpose of evading or 

avoiding, or attempts to violate any of 

the prohibitions set forth in E.O. 13400, 

as well as any conspiracy formed to 

violate such prohibitions. 

Section 5 of E.O. 13400 authorizes the 

Secretary of the Treasury, after 

consultation with the Secretary of State, 

to take such actions, including the 

promulgation of rules and regulations, 

as may be necessary to carry out the 

purposes of E.O. 13400. In furtherance 

of these purposes, OFAC is 

promulgating these Darfur Sanctions 

Regulations, 31 CFR part 546 (the 

‘‘Regulations’’). As described above, 

these sanctions are targeted sanctions 

directed at certain actors in connection 

with the conflict in Darfur, and are 

separate from the Sudanese Sanctions 

Regulations, 31 CFR part 538. 

Subpart B of the Regulations 

implements the prohibitions contained 

in sections 1 and 2 of E.O. 13400. See, 

e.g., §§ 546.201 and 546.205. Persons 

identified in the Annex to E.O. 13400, 

designated by or under the authority of 

the Secretary of the Treasury pursuant 

to E.O. 13400, or otherwise subject to 

the blocking provisions of E.O. 13400 

are referred to throughout the 

Regulations as ‘‘persons whose property 

and interests in property are blocked 

pursuant to § 546.201(a).’’ The names of 

persons listed in or designated pursuant 

to E.O. 13400 are or will be published 

on OFAC’s Specially Designated 

Nationals and Blocked Persons List, 

which is accessible via OFAC’s Web 

site, and can be found at Appendix A to 

31 CFR chapter V. Those names also 

have been or will be published in the 

Federal Register. 

Sections 546.202 and 546.203 of 

subpart B detail the effect of transfers of 

blocked property in violation of the 

Regulations and set forth the 

requirement to hold blocked funds, such 

as currency, bank deposits, and 

25432 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 

liquidated financial obligations, in 

interest-bearing blocked accounts. 

Section 546.204 of subpart B provides 

that all expenses incident to the 

maintenance of blocked physical 

property shall be the responsibility of 

the owners or operators of such 

property, and that such expenses shall 

not be met from blocked funds, unless 

otherwise authorized. The section 

further provides that blocked property 

may, in OFAC’s discretion, be sold or 

liquidated and the net proceeds placed 

in a blocked interest-bearing account in 

the name of the owner of the property. 

Section 546.205 implements the 

prohibitions in sections 2(a) and 2(b) of 

E.O. 13400 on any transaction by a 

United States person or within the 

United States that evades or avoids, has 

the purpose of evading or avoiding, or 

attempts to violate any of the 

prohibitions set forth in E.O. 13400, and 

on any conspiracy formed to violate 

such prohibitions. 

Subpart C of the Regulations defines 

key terms used throughout the 

Regulations, and subpart D sets forth 

interpretive sections regarding the 

general prohibitions contained in 

subpart B. Section 546.411 sets out the 

rule that the property and interests in 

property of an entity are blocked if the 

entity is 50 percent or more owned by 

a person whose property and interests 

in property are blocked, whether or not 

the entity itself is listed in or designated 

pursuant to E.O. 13400. 

Transactions otherwise prohibited 

under the Regulations but found to be 

consistent with U.S. policy may be 

authorized by one of the general 

licenses contained in subpart E or by a 

specific license issued pursuant to the 

procedures described in subpart E of 

part 501 of 31 CFR chapter V. Subpart 

E of part 546 also contains certain 

statements of licensing policy, in 

addition to the general licenses. 

Subpart F of the Regulations refers to 

subpart C of part 501 for applicable 

recordkeeping and reporting 

requirements. Subpart G describes the 

civil and criminal penalties applicable 

to violations of the Regulations, as well 

as the procedures governing the 

potential imposition of a civil monetary 

penalty. Subpart G also refers to 

Appendix A of part 501 for a more 

complete description of these 

procedures. 

Subpart H of the Regulations refers to 

subpart E of part 501 for applicable 

provisions relating to administrative 

procedures and contains a delegation of 

authority by the Secretary of the 

Treasury. Subpart I of the Regulations 

sets forth a Paperwork Reduction Act 

notice. 

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 

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 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. 

List of Subjects in 31 CFR Part 546 

Administrative practice and 

procedure, Banks, Banking, Blocking of 

assets, Credit, Darfur, Penalties, 

Reporting and recordkeeping 

requirements, Securities, Services, 

Sudan. 

■ For the reasons set forth in the 

preamble, the Department of the 

Treasury’s Office of Foreign Assets 

Control adds part 546 to 31 CFR Chapter 

V to read as follows: 

PART 546—DARFUR SANCTIONS 

REGULATIONS 

Subpart A—Relation of This Part to Other 

Laws and Regulations 

Sec. 

546.101 Relation of this part to other laws 

and regulations. 

Subpart B—Prohibitions 

546.201 Prohibited transactions involving 

blocked property. 

546.202 Effect of transfers violating the 

provisions of this part. 

546.203 Holding of funds in interestbearing accounts; investment and 

reinvestment. 

546.204 Expenses of maintaining blocked 

physical property; liquidation of blocked 

property. 

546.205 Evasions; attempts; conspiracies. 

Subpart C—General Definitions 

546.301 Arms or any related materiel. 

546.302 Blocked account; blocked property. 

546.303 Effective date. 

546.304 Entity. 

546.305 Interest. 

546.306 Licenses; general and specific. 

546.307 Person. 

546.308 Property; property interest. 

546.309 Transfer. 

546.310 United States. 

546.311 U.S. financial institution. 

546.312 United States person; U.S. person. 

Subpart D—Interpretations 

546.401 Reference to amended sections. 

546.402 Effect of amendment. 

546.403 Termination and acquisition of an 

interest in blocked property. 

546.404 Transactions ordinarily incident to 

a licensed transaction. 

546.405 Provision of services. 

546.406 Offshore transactions. 

546.407 Payments from blocked accounts to 

satisfy obligations prohibited. 

546.408 Charitable contributions. 

546.409 Credit extended and cards issued 

by U.S. financial institutions. 

546.410 Setoffs prohibited. 

546.411 Entities owned by a person whose 

property and interests in property are 

blocked. 

Subpart E—Licenses, Authorizations, and 

Statements of Licensing Policy 

546.501 General and specific licensing 

procedures. 

546.502 Effect of license or authorization. 

546.503 Exclusion from licenses. 

546.504 Payments and transfers to blocked 

accounts in U.S. financial institutions. 

546.505 Entries in certain accounts for 

normal service charges authorized. 

546.506 Investment and reinvestment of 

certain funds. 

546.507 Provision of certain legal services 

authorized. 

546.508 Authorization of emergency 

medical services. 

Subpart F—Reports 

546.601 Records and reports. 

Subpart G—Penalties 

546.701 Penalties. 

546.702 Pre-Penalty Notice; settlement. 

546.703 Penalty imposition. 

546.704 Administrative collection; referral 

to United States Department of Justice. 

Subpart H—Procedures 

546.801 Procedures. 

546.802 Delegation by the Secretary of the 

Treasury. 

Subpart I—Paperwork Reduction Act 

546.901 Paperwork Reduction Act notice. 

Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 

50 U.S.C. 1601–1651, 1701–1706; 22 U.S.C. 

287c; Pub. L. 101–410, 104 Stat. 890 (28 

U.S.C. 2461 note); Pub. L. 110–96, 121 Stat. 

1011; E.O. 13067, 62 FR 59989, 3 CFR, 1997 

Comp., p. 230; E.O. 13400, 71 FR 25483, 3 

CFR, 2006 Comp., p. 220. 

Subpart A—Relation of This Part to 

Other Laws and Regulations 

§ 546.101 Relation of this part to other 

laws and regulations. 

This part is separate from, and 

independent of, the other parts of this 

chapter, with the exception of part 501 

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 25433 

of this chapter, the recordkeeping and 

reporting requirements and license 

application and other procedures of 

which apply to this part. Actions taken 

pursuant to part 501 of this chapter with 

respect to the prohibitions contained in 

this part are considered actions taken 

pursuant to this part. Differing foreign 

policy and national security 

circumstances may result in differing 

interpretations of similar language 

among the parts of this chapter. No 

license or authorization contained in or 

issued pursuant to those other parts 

authorizes any transaction prohibited by 

this part. No license or authorization 

contained in or issued pursuant to any 

other provision of law or regulation 

authorizes any transaction prohibited by 

this part. No license or authorization 

contained in or issued pursuant to this 

part relieves the involved parties from 

complying with any other applicable 

laws or regulations. 

Subpart B—Prohibitions 

§ 546.201 Prohibited transactions 

involving blocked property. 

(a) Except as authorized by 

regulations, orders, directives, rulings, 

instructions, licenses, or otherwise, and 

notwithstanding any contracts entered 

into or any license or permit granted 

prior to the effective date, all property 

and interests in property that are in the 

United States, that hereafter come 

within the United States, or that are or 

hereafter come within the possession or 

control of U.S. persons, including their 

overseas branches, of the following 

persons are blocked and may not be 

transferred, paid, exported, withdrawn, 

or otherwise dealt in: 

(1) Any person listed in the Annex to 

Executive Order 13400 of April 26, 

2006; and 

(2) Any person determined by the 

Secretary of the Treasury, after 

consultation with the Secretary of State: 

(i) To have constituted a threat to the 

peace process in Darfur; 

(ii) To have constituted a threat to 

stability in Darfur and the region; 

(iii) To be responsible for conduct 

related to the conflict in Darfur that 

violates international law; 

(iv) To be responsible for heinous 

conduct with respect to human life or 

limb related to the conflict in Darfur; 

(v) To have directly or indirectly 

supplied, sold, or transferred arms or 

any related materiel, or any assistance, 

advice, or training related to military 

activities to: 

(A) The Government of Sudan; 

(B) The Sudan Liberation Movement/ 

Army; 

(C) The Justice and Equality 

Movement; 

(D) The Janjaweed; or 

(E) Any person (other than a person 

listed in paragraph (a)(2)(v)(A) through 

(a)(2)(v)(D) of this section) operating in 

the states of North Darfur, South Darfur, 

or West Darfur that is a belligerent, a 

nongovernmental entity, or an 

individual; 

(vi) To be responsible for offensive 

military overflights in and over the 

Darfur region; 

(vii) To have materially assisted, 

sponsored, or provided financial, 

material, or technological support for, or 

goods or services in support of, the 

activities described in paragraphs 

(a)(2)(i) through (a)(2)(vi) of this section 

or any person whose property and 

interests in property are blocked 

pursuant to this paragraph (a); or 

(viii) To be owned or controlled by, or 

acting or purporting to act for or on 

behalf of, directly or indirectly, any 

person whose property and interests in 

property are blocked pursuant to this 

paragraph (a). 

Note 1 to paragraph (a) of § 546.201: The 

names of persons listed in or designated 

pursuant to Executive Order 13400, whose 

property and interests in property are 

blocked pursuant to paragraph (a) of this 

section, are published on the Office of 

Foreign Assets Control’s Specially 

Designated Nationals and Blocked Persons 

List (‘‘SDN List’’) (which is accessible via the 

Office of Foreign Assets Control’s Web site), 

published in the Federal Register, and 

incorporated into Appendix A to this chapter 

with the identifier ‘‘[DARFUR].’’ See 

§ 546.411 concerning entities that may not be 

listed on the SDN list but whose property 

and interests in property are nevertheless 

blocked pursuant to paragraph (a) of this 

section. 

Note 2 to paragraph (a) of § 546.201: 

Section 203 of the International Emergency 

Economic Powers Act (50 U.S.C. 1701–1706) 

(‘‘IEEPA’’) explicitly authorizes the blocking 

of property and interests in property of a 

person during the pendency of an 

investigation. The names of persons whose 

property and interests in property are 

blocked pending investigation pursuant to 

this part also are published on the SDN List, 

published in the Federal Register, and 

incorporated into Appendix A to this chapter 

with the identifier ‘‘[BPI–DARFUR].’’ 

Note 3 to paragraph (a) of § 546.201: 

Sections 501.806 and 501.807 of this chapter 

V describe the procedures to be followed by 

persons seeking, respectively, the unblocking 

of funds that they believe were blocked due 

to mistaken identity, or administrative 

reconsideration of their status as persons 

whose property and interests in property are 

blocked pursuant to paragraph (a) of this 

section. 

(b) The prohibitions in paragraph (a) 

of this section include, but are not 

limited to, prohibitions on the following 

transactions when engaged in by a 

United States person or within the 

United States: 

(1) The making of any contribution or 

provision of funds, goods, or services 

by, to, or for the benefit of any person 

whose property and interests in 

property are blocked pursuant to 

paragraph (a) of this section; and 

(2) The receipt of any contribution or 

provision of funds, goods, or services 

from any person whose property and 

interests in property are blocked 

pursuant to paragraph (a) of this section. 

(c) Unless otherwise authorized by 

this part or by a specific license 

expressly referring to this section, any 

dealing in any security (or evidence 

thereof) held within the possession or 

control of a U.S. person and either 

registered or inscribed in the name of, 

or known to be held for the benefit of, 

or issued by, any person whose property 

and interests in property are blocked 

pursuant to paragraph (a) of this section 

is prohibited. This prohibition includes 

but is not limited to the transfer 

(including the transfer on the books of 

any issuer or agent thereof), disposition, 

transportation, importation, exportation, 

or withdrawal of, or the endorsement or 

guaranty of signatures on, any such 

security on or after the effective date. 

This prohibition applies irrespective of 

the fact that at any time (whether prior 

to, on, or subsequent to the effective 

date) the registered or inscribed owner 

of any such security may have or might 

appear to have assigned, transferred, or 

otherwise disposed of the security. 

§ 546.202 Effect of transfers violating the 

provisions of this part. 

(a) Any transfer after the effective date 

that is in violation of any provision of 

this part or of any regulation, order, 

directive, ruling, instruction, or license 

issued pursuant to this part, and that 

involves any property or interest in 

property blocked pursuant to 

§ 546.201(a), is null and void and shall 

not be the basis for the assertion or 

recognition of any interest in or right, 

remedy, power, or privilege with respect 

to such property or property interests. 

(b) No transfer before the effective 

date shall be the basis for the assertion 

or recognition of any right, remedy, 

power, or privilege with respect to, or 

any interest in, any property or interest 

in property blocked pursuant to 

§ 546.201(a), unless the person who 

holds or maintains such property, prior 

to that date, had written notice of the 

transfer or by any written evidence had 

recognized such transfer. 

(c) Unless otherwise provided, an 

appropriate license or other 

authorization issued by or pursuant to 

25434 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 

the direction or authorization of the 

Director of the Office of Foreign Assets 

Control before, during, or after a transfer 

shall validate such transfer or make it 

enforceable to the same extent that it 

would be valid or enforceable but for 

the provisions of IEEPA, Executive 

Order 13400, this part, and any 

regulation, order, directive, ruling, 

instruction, or license issued pursuant 

to this part. 

(d) Transfers of property that 

otherwise would be null and void or 

unenforceable by virtue of the 

provisions of this section shall not be 

deemed to be null and void or 

unenforceable as to any person with 

whom such property is or was held or 

maintained (and as to such person only) 

in cases in which such person is able to 

establish to the satisfaction of the 

Director of the Office of Foreign Assets 

Control each of the following: 

(1) Such transfer did not represent a 

willful violation of the provisions of this 

part by the person with whom such 

property is or was held or maintained 

(and as to such person only); 

(2) The person with whom such 

property is or was held or maintained 

did not have reasonable cause to know 

or suspect, in view of all the facts and 

circumstances known or available to 

such person, that such transfer required 

a license or authorization issued 

pursuant to this part and was not so 

licensed or authorized, or, if a license or 

authorization did purport to cover the 

transfer, that such license or 

authorization had been obtained by 

misrepresentation of a third party or 

withholding of material facts or was 

otherwise fraudulently obtained; and 

(3) The person with whom such 

property is or was held or maintained 

filed with the Office of Foreign Assets 

Control a report setting forth in full the 

circumstances relating to such transfer 

promptly upon discovery that: 

(i) Such transfer was in violation of 

the provisions of this part or any 

regulation, ruling, instruction, license, 

or other directive or authorization 

issued pursuant to this part; 

(ii) Such transfer was not licensed or 

authorized by the Director of the Office 

of Foreign Assets Control; or 

(iii) If a license did purport to cover 

the transfer, such license had been 

obtained by misrepresentation of a third 

party or withholding of material facts or 

was otherwise fraudulently obtained. 

Note to paragraph (d) of § 546.202: The 

filing of a report in accordance with the 

provisions of paragraph (d)(3) of this section 

shall not be deemed evidence that the terms 

of paragraphs (d)(1) and (d)(2) of this section 

have been satisfied. 

(e) Unless licensed pursuant to this 

part, any attachment, judgment, decree, 

lien, execution, garnishment, or other 

judicial process is null and void with 

respect to any property in which, on or 

since the effective date, there existed an 

interest of a person whose property and 

interests in property are blocked 

pursuant to § 546.201(a). 

§ 546.203 Holding of funds in interestbearing accounts; investment and 

reinvestment. 

(a) Except as provided in paragraph 

(c) or (d) of this section, or as otherwise 

directed by the Office of Foreign Assets 

Control, any U.S. person holding funds, 

such as currency, bank deposits, or 

liquidated financial obligations, subject 

to § 546.201(a) shall hold or place such 

funds in a blocked interest-bearing 

account located in the United States. 

(b)(1) For purposes of this section, the 

term blocked interest-bearing account 

means a blocked account: 

(i) In a federally-insured U.S. bank, 

thrift institution, or credit union, 

provided the funds are earning interest 

at rates that are commercially 

reasonable; or 

(ii) With a broker or dealer registered 

with the Securities and Exchange 

Commission under the Securities 

Exchange Act of 1934 (15 U.S.C. 78a et 

seq.), provided the funds are invested in 

a money market fund or in U.S. 

Treasury bills. 

(2) For purposes of this section, a rate 

is commercially reasonable if it is the 

rate currently offered to other depositors 

on deposits or instruments of 

comparable size and maturity. 

(3) Funds held or placed in a blocked 

account pursuant to this paragraph (b) 

may not be invested in instruments the 

maturity of which exceeds 180 days. If 

interest is credited to a separate blocked 

account or subaccount, the name of the 

account party on each account must be 

the same. 

(c) Blocked funds held in instruments 

the maturity of which exceeds 180 days 

at the time the funds become subject to 

§ 546.201(a) may continue to be held 

until maturity in the original 

instrument, provided any interest, 

earnings, or other proceeds derived 

therefrom are paid into a blocked 

interest-bearing account in accordance 

with paragraph (b) or (d) of this section. 

(d) Blocked funds held in accounts or 

instruments outside the United States at 

the time the funds become subject to 

§ 546.201(a) may continue to be held in 

the same type of accounts or 

instruments, provided the funds earn 

interest at rates that are commercially 

reasonable. 

(e) This section does not create an 

affirmative obligation for the holder of 

blocked tangible property, such as 

chattels or real estate, or of other 

blocked property, such as debt or equity 

securities, to sell or liquidate such 

property. However, the Office of Foreign 

Assets Control may issue licenses 

permitting or directing such sales or 

liquidation in appropriate cases. 

(f) Funds subject to this section may 

not be held, invested, or reinvested in 

a manner that provides immediate 

financial or economic benefit or access 

to any person whose property and 

interests in property are blocked 

pursuant to § 546.201(a), nor may their 

holder cooperate in or facilitate the 

pledging or other attempted use as 

collateral of blocked funds or other 

assets. 

§ 546.204 Expenses of maintaining 

blocked physical property; liquidation of 

blocked property. 

(a) Except as otherwise authorized, 

and notwithstanding the existence of 

any rights or obligations conferred or 

imposed by any international agreement 

or contract entered into or any license 

or permit granted prior to the effective 

date, all expenses incident to the 

maintenance of physical property 

blocked pursuant to § 546.201(a) shall 

be the responsibility of the owners or 

operators of such property, which 

expenses shall not be met from blocked 

funds. 

(b) Property blocked pursuant to 

§ 546.201(a) may, in the discretion of 

the Office of Foreign Assets Control, be 

sold or liquidated and the net proceeds 

placed in a blocked interest-bearing 

account in the name of the owner of the 

property. 

§ 546.205 Evasions; attempts; 

conspiracies. 

(a) Except as otherwise authorized, 

and notwithstanding any contract 

entered into or any license or permit 

granted prior to the effective date, any 

transaction by a U.S. person or within 

the United States on or after the 

effective date that evades or avoids, has 

the purpose of evading or avoiding, or 

attempts to violate any of the 

prohibitions set forth in this part is 

prohibited. 

(b) Except as otherwise authorized, 

and notwithstanding any contract 

entered into or any license or permit 

granted prior to the effective date, any 

conspiracy formed to violate the 

prohibitions set forth in this part is 

prohibited. 

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 25435 

Subpart C—General Definitions 

§ 546.301 Arms or any related materiel. 

The term arms or any related materiel 

shall mean arms or related materiel of 

all types, military aircraft, and 

equipment, but excludes: 

(a) Supplies and technical assistance, 

including training, intended solely for 

use in authorized monitoring, 

verification, or peace support 

operations, including such operations 

led by regional organizations; 

(b) Supplies of non-lethal military 

equipment intended solely for 

humanitarian use, human rights 

monitoring use, or protective use, and 

related technical assistance, including 

training; 

(c) Supplies of protective clothing, 

including flak jackets and military 

helmets, for use by United Nations 

personnel, representatives of the media, 

and humanitarian and development 

workers and associated personnel, for 

their personal use only; 

(d) Assistance and supplies provided 

in support of implementation of the 

Comprehensive Peace Agreement signed 

January 9, 2005, by the Government of 

Sudan and the People’s Liberation 

Movement/Army; and 

(e) Other movements of military 

equipment and supplies into the Darfur 

region by the United States or that are 

permitted by a rule or decision of the 

Secretary of State, after consultation 

with the Secretary of the Treasury. 

§ 546.302 Blocked account; blocked 

property. 

The terms blocked account and 

blocked property shall mean any 

account or property subject to the 

prohibitions in § 546.201 held in the 

name of a person whose property and 

interests in property are blocked 

pursuant to § 546.201(a), or in which 

such person has an interest, and with 

respect to which payments, transfers, 

exportations, withdrawals, or other 

dealings may not be made or effected 

except pursuant to an authorization or 

license from the Office of Foreign Assets 

Control expressly authorizing such 

action. 

Note to § 546.302: See § 546.411 

concerning the blocked status of property 

and interests in property of an entity that is 

50 percent or more owned by a person whose 

property and interests in property are 

blocked pursuant to § 546.201(a). 

§ 546.303 Effective date. 

The term effective date refers to the 

effective date of the applicable 

prohibitions and directives contained in 

this part as follows: 

(a) With respect to a person whose 

property and interests in property are 

blocked pursuant to § 546.201(a)(1), 

12:01 a.m. eastern daylight time, April 

27, 2006; 

(b) With respect to a person whose 

property and interests in property are 

blocked pursuant to § 546.201(a)(2), the 

earlier of the date of actual or 

constructive notice of such person’s 

designation. 

§ 546.304 Entity. 

The term entity means a partnership, 

association, trust, joint venture, 

corporation, group, subgroup, or other 

organization. 

§ 546.305 Interest. 

Except as otherwise provided in this 

part, the term interest, when used with 

respect to property (e.g., ‘‘an interest in 

property’’), means an interest of any 

nature whatsoever, direct or indirect. 

§ 546.306 Licenses; general and specific. 

(a) Except as otherwise specified, the 

term license means any license or 

authorization contained in or issued 

pursuant to this part. 

(b) The term general license means 

any license or authorization the terms of 

which are set forth in subpart E of this 

part. 

(c) The term specific license means 

any license or authorization not set forth 

in subpart E of this part but issued 

pursuant to this part. 

Note to § 546.306: See § 501.801 of this 

chapter on licensing procedures. 

§ 546.307 Person. 

The term person means an individual 

or entity. 

§ 546.308 Property; property interest. 

The terms property and property 

interest include, but are not limited to, 

money, checks, drafts, bullion, bank 

deposits, savings accounts, debts, 

indebtedness, obligations, notes, 

guarantees, debentures, stocks, bonds, 

coupons, any other financial 

instruments, bankers acceptances, 

mortgages, pledges, liens or other rights 

in the nature of security, warehouse 

receipts, bills of lading, trust receipts, 

bills of sale, any other evidences of title, 

ownership or indebtedness, letters of 

credit and any documents relating to 

any rights or obligations thereunder, 

powers of attorney, goods, wares, 

merchandise, chattels, stocks on hand, 

ships, goods on ships, real estate 

mortgages, deeds of trust, vendors’ sales 

agreements, land contracts, leaseholds, 

ground rents, real estate and any other 

interest therein, options, negotiable 

instruments, trade acceptances, 

royalties, book accounts, accounts 

payable, judgments, patents, trademarks 

or copyrights, insurance policies, safe 

deposit boxes and their contents, 

annuities, pooling agreements, services 

of any nature whatsoever, contracts of 

any nature whatsoever, and any other 

property, real, personal, or mixed, 

tangible or intangible, or interest or 

interests therein, present, future, or 

contingent. 

§ 546.309 Transfer. 

The term transfer means any actual or 

purported act or transaction, whether or 

not evidenced by writing, and whether 

or not done or performed within the 

United States, the purpose, intent, or 

effect of which is to create, surrender, 

release, convey, transfer, or alter, 

directly or indirectly, any right, remedy, 

power, privilege, or interest with respect 

to any property and, without limitation 

upon the foregoing, shall include the 

making, execution, or delivery of any 

assignment, power, conveyance, check, 

declaration, deed, deed of trust, power 

of attorney, power of appointment, bill 

of sale, mortgage, receipt, agreement, 

contract, certificate, gift, sale, affidavit, 

or statement; the making of any 

payment; the setting off of any 

obligation or credit; the appointment of 

any agent, trustee, or fiduciary; the 

creation or transfer of any lien; the 

issuance, docketing, filing, or levy of or 

under any judgment, decree, 

attachment, injunction, execution, or 

other judicial or administrative process 

or order, or the service of any 

garnishment; the acquisition of any 

interest of any nature whatsoever by 

reason of a judgment or decree of any 

foreign country; the fulfillment of any 

condition; the exercise of any power of 

appointment, power of attorney, or 

other power; or the acquisition, 

disposition, transportation, importation, 

exportation, or withdrawal of any 

security. 

§ 546.310 United States. 

The term United States means the 

United States, its territories and 

possessions, and all areas under the 

jurisdiction or authority thereof. 

§ 546.311 U.S. financial institution. 

The term U.S. financial institution 

means any U.S. entity (including its 

foreign branches) that is engaged in the 

business of accepting deposits, making, 

granting, transferring, holding, or 

brokering loans or credits, or purchasing 

or selling foreign exchange, securities, 

commodity futures or options, or 

procuring purchasers and sellers 

thereof, as principal or agent; including 

but not limited to, depository 

25436 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 

institutions, banks, savings banks, trust 

companies, securities brokers and 

dealers, commodity futures and options 

brokers and dealers, forward contract 

and foreign exchange merchants, 

securities and commodities exchanges, 

clearing corporations, investment 

companies, employee benefit plans, and 

U.S. holding companies, U.S. affiliates, 

or U.S. subsidiaries of any of the 

foregoing. This term includes those 

branches, offices, and agencies of 

foreign financial institutions that are 

located in the United States, but not 

such institutions’ foreign branches, 

offices, or agencies. 

§ 546.312 United States person; U.S. 

person. 

The term United States person or U.S. 

person means any United States citizen, 

permanent resident alien, entity 

organized under the laws of the United 

States or any jurisdiction within the 

United States (including foreign 

branches), or any person in the United 

States. 

Subpart D—Interpretations 

§ 546.401 Reference to amended sections. 

Except as otherwise specified, 

reference to any provision in or 

appendix to this part or chapter or to 

any regulation, ruling, order, 

instruction, directive, or license issued 

pursuant to this part refers to the same 

as currently amended. 

§ 546.402 Effect of amendment. 

Unless otherwise specifically 

provided, any amendment, 

modification, or revocation of any 

provision in or appendix to this part or 

chapter or of any order, regulation, 

ruling, instruction, or license issued by 

or under the direction of the Director of 

the Office of Foreign Assets Control 

does not affect any act done or omitted, 

or any civil or criminal suit or 

proceeding commenced or pending 

prior to such amendment, modification, 

or revocation. All penalties, forfeitures, 

and liabilities under any such order, 

regulation, ruling, instruction, or license 

continue and may be enforced as if such 

amendment, modification, or revocation 

had not been made. 

§ 546.403 Termination and acquisition of 

an interest in blocked property. 

(a) Whenever a transaction licensed or 

authorized by or pursuant to this part 

results in the transfer of property 

(including any property interest) away 

from a person, such property shall no 

longer be deemed to be property 

blocked pursuant to § 546.201(a), unless 

there exists in the property another 

interest that is blocked pursuant to 

§ 546.201(a) or any other part of this 

chapter, the transfer of which has not 

been effected pursuant to license or 

other authorization. 

(b) Unless otherwise specifically 

provided in a license or authorization 

issued pursuant to this part, if property 

(including any property interest) is 

transferred or attempted to be 

transferred to a person whose property 

and interests in property are blocked 

pursuant to § 546.201(a), such property 

shall be deemed to be property in which 

that person has an interest and therefore 

blocked. 

§ 546.404 Transactions ordinarily incident 

to a licensed transaction. 

Any transaction ordinarily incident to 

a licensed transaction and necessary to 

give effect thereto is also authorized, 

except: 

(a) An ordinarily incident transaction, 

not explicitly authorized within the 

terms of the license, by or with a person 

whose property and interests in 

property are blocked pursuant to 

§ 546.201(a); or 

(b) An ordinarily incident transaction, 

not explicitly authorized within the 

terms of the license, involving a debit to 

a blocked account or a transfer of 

blocked property. 

(c) Example. A license authorizing 

Company A, whose property and 

interests in property are blocked 

pursuant to § 546.201(a), to complete a 

securities sale also authorizes all 

activities by other parties required to 

complete the sale, including 

transactions by the buyer, broker, 

transfer agents, banks, etc., provided 

that such other parties are not 

themselves persons whose property and 

interests in property are blocked 

pursuant to § 546.201(a). 

§ 546.405 Provision of services. 

(a) The prohibitions on transactions 

involving blocked property contained in 

§ 546.201 apply to services performed in 

the United States or by U.S. persons, 

wherever located, including by an 

overseas branch of an entity located in 

the United States: 

(1) On behalf of or for the benefit of 

a person whose property and interests 

in property are blocked pursuant to 

§ 546.201(a); or 

(2) With respect to property interests 

subject to § 546.201. 

(b) Example. U.S. persons may not, 

except as authorized by or pursuant to 

this part, provide legal, accounting, 

financial, brokering, freight forwarding, 

transportation, public relations, or other 

services to a person whose property and 

interests in property are blocked 

pursuant to § 546.201(a). 

Note to § 546.405: See §§ 546.507 and 

546.508 on licensing policy with regard to 

the provision of certain legal or medical 

services. 

§ 546.406 Offshore transactions. 

The prohibitions in § 546.201 on 

transactions or dealings involving 

blocked property apply to transactions 

by any U.S. person in a location outside 

the United States with respect to 

property held in the name of a person 

whose property and interests in 

property are blocked pursuant to 

§ 546.201(a), or property in which a 

person whose property and interests in 

property are blocked pursuant to 

§ 546.201(a) has or has had an interest 

since the effective date. 

§ 546.407 Payments from blocked 

accounts to satisfy obligations prohibited. 

Pursuant to § 546.201, no debits may 

be made to a blocked account to pay 

obligations to U.S. persons or other 

persons, except as authorized by or 

pursuant to this part. 

§ 546.408 Charitable contributions. 

Unless specifically authorized by the 

Office of Foreign Assets Control 

pursuant to this part, no charitable 

contribution of funds, goods, services, 

or technology, including contributions 

to relieve human suffering, such as food, 

clothing, or medicine, may be made by, 

to, or for the benefit of a person whose 

property and interests in property are 

blocked pursuant to § 546.201(a). For 

the purposes of this part, a contribution 

is made by, to, or for the benefit of a 

person whose property and interests in 

property are blocked pursuant to 

§ 546.201(a) if made by, to, or in the 

name of such a person; if made by, to, 

or in the name of an entity or individual 

acting for or on behalf of, or owned or 

controlled by, such a person; or if made 

in an attempt to violate, to evade, or to 

avoid the bar on the provision of 

contributions by, to, or for the benefit of 

such a person. 

§ 546.409 Credit extended and cards 

issued by U.S. financial institutions. 

The prohibition in § 546.201 on 

dealing in property subject to that 

section prohibits U.S. financial 

institutions from performing under any 

existing credit agreements, including, 

but not limited to, charge cards, debit 

cards, or other credit facilities issued by 

a U.S. financial institution to a person 

whose property and interests in 

property are blocked pursuant to 

§ 546.201(a). 

§ 546.410 Setoffs prohibited. 

A setoff against blocked property 

(including a blocked account), whether 

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 25437 

by a U.S. bank or other U.S. person, is 

a prohibited transfer under § 546.201 if 

effected after the effective date. 

§ 546.411 Entities owned by a person 

whose property and interests in property 

are blocked. 

A person whose property and 

interests in property are blocked 

pursuant to § 546.201(a) has an interest 

in all property and interests in property 

of an entity in which it owns, directly 

or indirectly, a 50 percent or greater 

interest. The property and interests in 

property of such an entity, therefore, are 

blocked, and such an entity is a person 

whose property and interests in 

property are blocked pursuant to 

§ 546.201(a), regardless of whether the 

entity itself is listed in the Annex to 

Executive Order 13400 or designated 

pursuant to § 546.201(a). 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

§ 546.501 General and specific licensing 

procedures. 

For provisions relating to licensing 

procedures, see part 501, subpart E of 

this chapter. Licensing actions taken 

pursuant to part 501 of this chapter with 

respect to the prohibitions contained in 

this part are considered actions taken 

pursuant to this part. 

§ 546.502 Effect of license or 

authorization. 

(a) No license or other authorization 

contained in this part, or otherwise 

issued by or under the direction of the 

Director of the Office of Foreign Assets 

Control, authorizes or validates any 

transaction effected prior to the issuance 

of such license or other authorization, 

unless specifically provided in such 

license or authorization. 

(b) No regulation, ruling, instruction, 

or license authorizes any transaction 

prohibited under this part unless the 

regulation, ruling, instruction, or license 

is issued by the Office of Foreign Assets 

Control and specifically refers to this 

part. No regulation, ruling, instruction, 

or license referring to this part shall be 

deemed to authorize any transaction 

prohibited by any other provision of this 

chapter unless the regulation, ruling, 

instruction, or license specifically refers 

to such provision. 

(c) Any regulation, ruling, instruction, 

or license authorizing any transaction 

otherwise prohibited under this part has 

the effect of removing a prohibition 

contained in this part from the 

transaction, but only to the extent 

specifically stated by its terms. Unless 

the regulation, ruling, instruction, or 

license otherwise specifies, such an 

authorization does not create any right, 

duty, obligation, claim, or interest in, or 

with respect to, any property which 

would not otherwise exist under 

ordinary principles of law. 

§ 546.503 Exclusion from licenses. 

The Director of the Office of Foreign 

Assets Control reserves the right to 

exclude any person, property, or 

transaction from the operation of any 

license or from the privileges conferred 

by any license. The Director of the 

Office of Foreign Assets Control also 

reserves the right to restrict the 

applicability of any license to particular 

persons, property, transactions, or 

classes thereof. Such actions are binding 

upon actual or constructive notice of the 

exclusions or restrictions. 

§ 546.504 Payments and transfers to 

blocked accounts in U.S. financial 

institutions. 

Any payment of funds or transfer of 

credit in which a person whose property 

and interests in property are blocked 

pursuant to § 546.201(a) has any interest 

that comes within the possession or 

control of a U.S. financial institution 

must be blocked in an account on the 

books of that financial institution. A 

transfer of funds or credit by a U.S. 

financial institution between blocked 

accounts in its branches or offices is 

authorized, provided that no transfer is 

made from an account within the 

United States to an account held outside 

the United States, and further provided 

that a transfer from a blocked account 

may be made only to another blocked 

account held in the same name. 

Note to § 546.504: See § 501.603 of this 

chapter for mandatory reporting 

requirements regarding financial transfers. 

See also § 546.203 concerning the obligation 

to hold blocked funds in interest-bearing 

accounts. 

§ 546.505 Entries in certain accounts for 

normal service charges authorized. 

(a) A U.S. financial institution is 

authorized to debit any blocked account 

held at that financial institution in 

payment or reimbursement for normal 

service charges owed it by the owner of 

that blocked account. 

(b) As used in this section, the term 

normal service charges shall include 

charges in payment or reimbursement 

for interest due; cable, telegraph, 

Internet, or telephone charges; postage 

costs; custody fees; small adjustment 

charges to correct bookkeeping errors; 

and, but not by way of limitation, 

minimum balance charges, notary and 

protest fees, and charges for reference 

books, photocopies, credit reports, 

transcripts of statements, registered 

mail, insurance, stationery and supplies, 

and other similar items. 

§ 546.506 Investment and reinvestment of 

certain funds. 

Subject to the requirements of 

§ 546.203, U.S. financial institutions are 

authorized to invest and reinvest assets 

blocked pursuant to § 546.201, subject 

to the following conditions: 

(a) The assets representing such 

investments and reinvestments are 

credited to a blocked account or 

subaccount that is held in the same 

name at the same U.S. financial 

institution, or within the possession or 

control of a U.S. person, but funds shall 

not be transferred outside the United 

States for this purpose; 

(b) The proceeds of such investments 

and reinvestments shall not be credited 

to a blocked account or subaccount 

under any name or designation that 

differs from the name or designation of 

the specific blocked account or 

subaccount in which such funds or 

securities were held; and 

(c) No immediate financial or 

economic benefit accrues (e.g., through 

pledging or other use) to persons whose 

property and interests in property are 

blocked pursuant to § 546.201(a). 

§ 546.507 Provision of certain legal 

services authorized. 

(a) The provision of the following 

legal services to or on behalf of persons 

whose property and interests in 

property are blocked pursuant to 

§ 546.201(a) is authorized, provided that 

all receipts of payment of professional 

fees and reimbursement of incurred 

expenses must be specifically licensed: 

(1) Provision of legal advice and 

counseling on the requirements of and 

compliance with the laws of the United 

States or any jurisdiction within the 

United States, provided that such advice 

and counseling are not provided to 

facilitate transactions in violation of this 

part; 

(2) Representation of persons named 

as defendants in or otherwise made 

parties to domestic U.S. legal, 

arbitration, or administrative 

proceedings; 

(3) Initiation and conduct of domestic 

U.S. legal, arbitration, or administrative 

proceedings in defense of property 

interests subject to U.S. jurisdiction; 

(4) Representation of persons before 

any federal or state agency with respect 

to the imposition, administration, or 

enforcement of U.S. sanctions against 

such persons; and 

(5) Provision of legal services in any 

other context in which prevailing U.S. 

law requires access to legal counsel at 

public expense. 

25438 Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 

(b) The provision of any other legal 

services to persons whose property and 

interests in property are blocked 

pursuant to § 546.201(a), not otherwise 

authorized in this part, requires the 

issuance of a specific license. 

(c) Entry into a settlement agreement 

or the enforcement of any lien, 

judgment, arbitral award, decree, or 

other order through execution, 

garnishment, or other judicial process 

purporting to transfer or otherwise alter 

or affect property or interests in 

property blocked pursuant to 

§ 546.201(a) is prohibited unless 

specifically licensed in accordance with 

§ 546.202(e). 

§ 546.508 Authorization of emergency 

medical services. 

The provision of nonscheduled 

emergency medical services in the 

United States to persons whose property 

and interests in property are blocked 

pursuant to § 546.201(a) is authorized, 

provided that all receipt of payment for 

such services must be specifically 

licensed. 

Subpart F—Reports 

§ 546.601 Records and reports. 

For provisions relating to required 

records and reports, see part 501, 

subpart C, of this chapter. 

Recordkeeping and reporting 

requirements imposed by part 501 of 

this chapter with respect to the 

prohibitions contained in this part are 

considered requirements arising 

pursuant to this part. 

Subpart G—Penalties 

§ 546.701 Penalties. 

(a) Attention is directed to section 206 

of the International Emergency 

Economic Powers Act (50 U.S.C. 1705) 

(‘‘IEEPA’’), which is applicable to 

violations of the provisions of any 

license, ruling, regulation, order, 

directive, or instruction issued by or 

pursuant to the direction or 

authorization of the Secretary of the 

Treasury pursuant to this part or 

otherwise under IEEPA. 

(1) A civil penalty not to exceed the 

amount set forth in section 206 of IEEPA 

may be imposed on any person who 

violates, attempts to violate, conspires 

to violate, or causes a violation of any 

license, order, regulation, or prohibition 

issued under IEEPA. 

Note to paragraph (a)(1) of § 546.701: As 

of the date of publication in the Federal 

Register of the final rule adding this part to 

31 CFR chapter V (May 28, 2009), IEEPA 

provides for a maximum civil penalty not to 

exceed the greater of $250,000 or an amount 

that is twice the amount of the transaction 

that is the basis of the violation with respect 

to which the penalty is imposed. 

(2) A person who willfully commits, 

willfully attempts to commit, or 

willfully conspires to commit, or aids or 

abets in the commission of a violation 

of any license, order, regulation, or 

prohibition may, upon conviction, be 

fined not more than $1,000,000, or if a 

natural person, be imprisoned for not 

more than 20 years, or both. 

(b) Adjustments to Penalty Amounts. 

(1) The civil penalties provided in 

IEEPA are subject to adjustment 

pursuant to the Federal Civil Penalties 

Inflation Adjustment Act of 1990 (Pub. 

L. 101–410, as amended, 28 U.S.C. 2461 

note). 

(2) The criminal penalties provided in 

IEEPA are subject to adjustment 

pursuant to 18 U.S.C. 3571. 

(c) Attention is directed to section 5 

of the United Nations Participation Act, 

as amended (22 U.S.C. 287c(b)) 

(‘‘UNPA’’), which provides that any 

person who willfully violates or evades 

or attempts to violate or evade any 

order, rule, or regulation issued by the 

President pursuant to the authority 

granted in that section, upon conviction, 

shall be fined not more than $10,000 

and, if a natural person, may also be 

imprisoned for not more than 10 years; 

and the officer, director, or agent of any 

corporation who knowingly participates 

in such violation or evasion shall be 

punished by a like fine, imprisonment, 

or both and any property, funds, 

securities, papers, or other articles or 

documents, or any vessel, together with 

her tackle, apparel, furniture, and 

equipment, or vehicle, or aircraft, 

concerned in such violation shall be 

forfeited to the United States. 

(d) Violations involving transactions 

described at section 203(b)(1), (3), and 

(4) of IEEPA shall be subject only to the 

penalties set forth in paragraph (c) of 

this section. 

(e) Attention is also directed to 18 

U.S.C. 1001, which provides that 

whoever, in any matter within the 

jurisdiction of the executive, legislative, 

or judicial branch of the Government of 

the United States, knowingly and 

willfully falsifies, conceals, or covers up 

by any trick, scheme, or device a 

material fact; or makes any materially 

false, fictitious, or fraudulent statement 

or representation; or makes or uses any 

false writing or document knowing the 

same to contain any materially false, 

fictitious, or fraudulent statement or 

entry; shall be fined under title 18, 

United States Code, imprisoned not 

more than five years, or both. 

(f) Violations of this part may also be 

subject to relevant provisions of other 

applicable laws. 

§ 546.702 Pre-Penalty Notice; settlement. 

(a) When required. If the Office of 

Foreign Assets Control has reason to 

believe that there has occurred a 

violation of any provision of this part or 

a violation of the provisions of any 

license, ruling, regulation, order, 

direction, or instruction issued by or 

pursuant to the direction or 

authorization of the Secretary of the 

Treasury pursuant to this part or 

otherwise under IEEPA and determines 

that a civil monetary penalty is 

warranted, the Office of Foreign Assets 

Control will issue a Pre-Penalty Notice 

informing the alleged violator of the 

agency’s intent to impose a monetary 

penalty. A Pre-Penalty Notice shall be in 

writing. The Pre-Penalty Notice may be 

issued whether or not another agency 

has taken any action with respect to the 

matter. For a description of the contents 

of a Pre-Penalty Notice, see Appendix A 

to part 501 of this chapter. 

(b)(1) Right to respond. An alleged 

violator has the right to respond to a 

Pre-Penalty Notice by making a written 

presentation to the Office of Foreign 

Assets Control. For a description of the 

information that should be included in 

such a response, see Appendix A to part 

501 of this chapter. 

(2) Deadline for response. A response 

to the Pre-Penalty Notice must be made 

within the applicable 30-day period set 

forth in this paragraph. The failure to 

submit a response within the applicable 

time period set forth in this paragraph 

shall be deemed to be a waiver of the 

right to respond. 

(i) Computation of time for response. 

A response to a Pre-Penalty Notice must 

be postmarked or date-stamped by the 

U.S. Postal Service (or foreign postal 

service, if mailed abroad) or courier 

service provider (if transmitted to the 

Office of Foreign Assets Control by 

courier) on or before the 30th day after 

the postmark date on the envelope in 

which the Pre-Penalty Notice was 

mailed. If the Pre-Penalty Notice was 

personally delivered by a non-U.S. 

Postal Service agent authorized by the 

Office of Foreign Assets Control, a 

response must be postmarked or datestamped on or before the 30th day after 

the date of delivery. 

(ii) Extensions of time for response. If 

a due date falls on a federal holiday or 

weekend, that due date is extended to 

include the following business day. Any 

other extensions of time will be granted, 

at the discretion of the Office of Foreign 

Assets Control, only upon specific 

request to the Office of Foreign Assets 

Control. 

(3) Form and method of response. A 

response to a Pre-Penalty Notice need 

not be in any particular form, but it 

Federal Register / Vol. 74, No. 101 / Thursday, May 28, 2009 / Rules and Regulations 25439 

must be typewritten and signed by the 

alleged violator or a representative 

thereof, must contain information 

sufficient to indicate that it is in 

response to the Pre-Penalty Notice, and 

must include the Office of Foreign 

Assets Control identification number 

listed on the Pre-Penalty Notice. A copy 

of the written response may be sent by 

facsimile, but the original also must be 

sent to the Office of Foreign Assets 

Control Civil Penalties Division by mail 

or courier and must be postmarked or 

date-stamped, in accordance with 

paragraph (b)(2) of this section. 

(c) Settlement. Settlement discussion 

may be initiated by the Office of Foreign 

Assets Control, the alleged violator, or 

the alleged violator’s authorized 

representative. For a description of 

practices with respect to settlement, see 

Appendix A to part 501 of this chapter. 

(d) Guidelines. Guidelines for the 

imposition or settlement of civil 

penalties by the Office of Foreign Assets 

Control are contained in Appendix A to 

part 501 of this chapter. 

(e) Representation. A representative of 

the alleged violator may act on behalf of 

the alleged violator, but any oral 

communication with the Office of 

Foreign Assets Control prior to a written 

submission regarding the specific 

allegations contained in the Pre-Penalty 

Notice must be preceded by a written 

letter of representation, unless the PrePenalty Notice was served upon the 

alleged violator in care of the 

representative. 

§ 546.703 Penalty imposition. 

If, after considering any written 

response to the Pre-Penalty Notice and 

any relevant facts, the Office of Foreign 

Assets Control determines that there 

was a violation by the alleged violator 

named in the Pre-Penalty Notice and 

that a civil monetary penalty is 

appropriate, the Office of Foreign Assets 

Control may issue a written Penalty 

Notice to the violator containing a 

determination of the violation and the 

imposition of the monetary penalty. For 

additional details concerning issuance 

of a Penalty Notice, see Appendix A to 

part 501 of this chapter. The issuance of 

the Penalty Notice shall constitute final 

agency action. The violator has the right 

to seek judicial review of that final 

agency action in Federal district court. 

§ 546.704 Administrative collection; 

referral to United States Department of 

Justice. 

In the event that the violator does not 

pay the penalty imposed pursuant to 

this part or make payment arrangements 

acceptable to the Director of the Office 

of Foreign Assets Control, the matter 

may be referred for administrative 

collection measures by the Department 

of the Treasury or to the United States 

Department of Justice for appropriate 

action to recover the penalty in a civil 

suit in a Federal district court. 

Subpart H—Procedures 

§ 546.801 Procedures. 

For license application procedures 

and procedures relating to amendments, 

modifications, or revocations of 

licenses; administrative decisions; 

rulemaking; and requests for documents 

pursuant to the Freedom of Information 

and Privacy Acts (5 U.S.C. 552 and 

552a), see part 501, subpart E, of this 

chapter. 

§ 546.802 Delegation by the Secretary of 

the Treasury. 

Any action that the Secretary of the 

Treasury is authorized to take pursuant 

to Executive Order 13400, and any 

further Executive orders relating to the 

national emergency declared in 

Executive Order 13067, may be taken by 

the Director of the Office of Foreign 

Assets Control or by any other person to 

whom the Secretary of the Treasury has 

delegated authority so to act. 

Subpart I—Paperwork Reduction Act 

§ 546.901 Paperwork Reduction Act notice. 

For approval by the Office of 

Management and Budget (‘‘OMB’’) 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3507) of information 

collections relating to record keeping 

and reporting requirements, licensing 

procedures (including those pursuant to 

statements of licensing policy), and 

other procedures, see § 501.901 of this 

chapter. An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by OMB. 

Dated: May 12, 2009. 

Barbara C. Hammerle, 

Acting Director, Office of Foreign Assets 

Control. 

Approved: May 13, 2009. 

Stuart A. Levey, 

Under Secretary, Office of Terrorism and 

Financial Intelligence, Department of the 

Treasury. 

[FR Doc. E9–11952 Filed 5–27–09; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 547 

Democratic Republic of the Congo 

Sanctions Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (‘‘OFAC’’) is adding a new part 

to the Code of Federal Regulations to 

implement Executive Order 13413 of 

October 27, 2006, ‘‘Blocking Property of 

Certain Persons Contributing to the 

Conflict in the Democratic Republic of 

the Congo.’’ 

DATES: Effective Date: May 28, 2009. 

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, 

Office of Foreign Assets Control, or 

Chief Counsel (Foreign Assets Control), 

tel.: 202/622–2410, Office of the General 

Counsel, Department of the Treasury 

(not toll free numbers). 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning the OFAC are 

available from OFAC’s Web site 

(http://www.treas.gov/ofac) or via 

facsimile through a 24-hour fax-ondemand service, tel.: (202) 622–0077. 

Background 

On October 27, 2006, the President, 

invoking the authority of, inter alia, the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706) 

(‘‘IEEPA’’) and section 5 of the United 

Nations Participation Act (22 U.S.C. 

287c), issued Executive Order 13413 (71 

FR 64105, October 31, 2006) (‘‘E.O. 

13413’’), effective at 12:01 a.m. eastern 

standard time on October 30, 2006. In 

E.O. 13413, the President determined 

that the situation in or in relation to the 

Democratic Republic of the Congo (the 

‘‘DRC’’) constitutes an unusual and 

extraordinary threat to the national 

security and foreign policy of the United 

States, and declared a national 

emergency to deal with that threat. E.O. 

13413 noted United Nations Security 

Council Resolutions 1596 of April 18, 

2005, 1649 of December 21, 2005, and 

1698 of July 31, 2006, which, inter alia, 

expressed serious concern over the 

destabilizing presence of armed groups