[Federal Register: November 23, 2009 (Volume 74, Number 224)]
[Rules and Regulations]
[Page 61036-61037]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23no09-10]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 594
Global Terrorism Sanctions Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
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SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (``OFAC'') is amending the Global Terrorism Sanctions
Regulations to define the term ``financial, material, or technological
support,'' as used in these regulations. Providing ``financial,
material, or technological support,'' for either acts of terrorism that
threaten the United States, or any person whose property or interests
in property are blocked under these regulations, constitutes one of the
criteria for designation as a person whose property and interests in
property are blocked.
DATES: Effective Date: November 23, 2009.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Policy, tel.:
202/622-4855, or Chief Counsel (Foreign Assets Control), tel.: 202/622-
2410 (not toll free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning OFAC are
available from OFAC's Web site (http://www.treas.gov/ofac). Certain
general information pertaining to OFAC's sanctions programs also is
available via facsimile through a 24-hour fax-on-demand service, tel.:
202/622-0077.
Background
OFAC administers the Global Terrorism Sanctions Regulations, 31 CFR
part 594 (``GTSR''), which implement Executive Order 13224 of September
23, 2001, ``Blocking Property and Prohibiting Transactions With Persons
Who Commit, Threaten to Commit, or Support Terrorism'' (66 FR 49079,
Sept. 25, 2001) (``E.O. 13224''). Section 594.201(a) of the GTSR
implements section 1 of E.O. 13224 and blocks the property and
interests in property that are in or come within the United States, or
that are in or come within the possession or control of U.S. persons,
including their overseas branches, of (1) foreign persons listed in the
Annex to E.O. 13224, as may be amended; (2) foreign persons determined
by the Secretary of State, in consultation with the Secretary of the
Treasury, the Secretary of Homeland Security, and the Attorney General,
to have committed, or to pose a significant risk of committing, acts of
terrorism that threaten the security of U.S. nationals or the national
security, foreign policy, or economy of the United States; and (3)
persons determined by the Secretary of the Treasury, in consultation
with the Secretary of State, the Secretary of Homeland Security, and
the Attorney General, to be owned or controlled by, or to act for or on
behalf of, any person whose property and interests in property are
blocked pursuant to this section.
In particular, paragraph (a)(4)(i) of section 594.201 of the GTSR
implements section 1(d)(i) of E.O. 13224 by blocking the U.S. property
and interests in property of persons determined by the Secretary of the
Treasury, in consultation with the Secretary of State, the Secretary of
Homeland Security, and the Attorney General:
To assist in, sponsor, or provide financial, material, or
technological support for, or financial or other services to or in
support of:
(A) Acts of terrorism that threaten the security of U.S.
nationals or the national security, foreign policy, or economy of
the United States, or
(B) Any person whose property or interests in property are
blocked pursuant to paragraph (a) of this section . * * *
GTSR, section 594.201(a)(4)(i) (emphasis added).
Acting under authority delegated by the Secretary of the Treasury,
OFAC today is amending the GTSR to add a new definition of the term
``financial, material, or technological support,'' as used in section
594.201(a)(4)(i) of the GTSR. New section 594.317, in subpart C of the
GTSR, defines the term ``financial, material, or technological
support'' to mean any property, tangible or intangible, and includes a
list of specific examples.
The definition of the term ``financial, material, or technological
support'' in new section 594.317 may include concepts that overlap with
existing provisions in the GTSR, such as interpretive section 594.406
on the ``provision of services.'' However, in light of the threat posed
by acts of terrorism to the national security, foreign policy, and
economy of the United States, OFAC has determined that the benefit of
greater specificity in the new definition outweighs any concerns with
regard to redundancy.
Please note that, in promulgating this regulation, OFAC does not
imply any limitation on the scope of paragraphs (a)(1), (a)(2), (a)(3),
or (a)(4)(ii) of section 594.201. Furthermore, the designation criteria
in these paragraphs as well as in paragraph (a)(4)(i) of section
594.201 will be applied in a manner consistent with pertinent Federal
law, including, where applicable, the First Amendment to the United
States Constitution.
Public Participation
Because the amendments of the GTSR involve a foreign affairs
function, Executive Order 12866 and the provisions of the
Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date are inapplicable. Because no notice of proposed
rulemaking is required for this rule, the Regulatory Flexibility Act (5
U.S.C. 601-612) does not apply.
Paperwork Reduction Act
The collections of information related to the GTSR 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
[[Page 61037]]
collection of information unless the collection of information displays
a valid control number.
List of Subjects 31 CFR Part 594
Administrative practice and procedure, Banks, Banking, Penalties,
Reporting and recordkeeping requirements, Terrorism.
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For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control amends 31 CFR part 594 as
follows:
PART 594--GLOBAL TERRORISM SANCTIONS REGULATIONS
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1. The authority citation for part 594 continues to read as follows:
Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 31 U.S.C. 321(b); 50
U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890 (28
U.S.C. 2461 note); Pub. L. 110-96, 121 Stat. 1011; E.O. 13224, 66 FR
49079, 3 CFR, 2001 Comp., p. 786; E.O. 13268, 67 FR 44751, 3 CFR,
2002 Comp., p. 240; E.O. 13284, 64 FR 4075, 3 CFR, 2003 Comp., p.
161.
Subpart C--General Definitions
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2. Add a new Sec. 594.317 to subpart C to read as follows:
Sec. 594.317 Financial, material, or technological support.
The term financial, material, or technological support, as used in
Sec. 594.201(a)(4)(i) of this part, means any property, tangible or
intangible, including but not limited to currency, financial
instruments, securities, or any other transmission of value; weapons or
related materiel; chemical or biological agents; explosives; false
documentation or identification; communications equipment; computers;
electronic or other devices or equipment; technologies; lodging; safe
houses; facilities; vehicles or other means of transportation; or
goods. ``Technologies'' as used in this definition means specific
information necessary for the development, production, or use of a
product, including related technical data such as blueprints, plans,
diagrams, models, formulae, tables, engineering designs and
specifications, manuals, or other recorded instructions.
Dated: November 18, 2009.
John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. E9-28066 Filed 11-20-09; 8:45 am]
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