[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Rules and Regulations]
[Pages 24394-24400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9829]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 551
Somalia 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 issuing regulations with respect to Somalia to
implement Executive Order 13536 of April 12, 2010. OFAC intends to
supplement this part 551 with a more comprehensive set of regulations,
which may include additional interpretive and definitional guidance and
additional general licenses and statements of licensing policy.
DATES: Effective Date: May 5, 2010.
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 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
On April 12, 2010, the President, invoking the authority of, inter
alia, the International Emergency Economic Powers Act (50 U.S.C. 1701-
1706), the National Emergencies Act (50 U.S.C. 1601 et seq.), and
section 5 of the United Nations Participation Act (22 U.S.C. 287c),
issued Executive Order 13536 (75 FR 19869, April 15, 2010) (``E.O.
13536''), effective at 12:01 a.m. eastern daylight time on April 13,
2010.
The Department of the Treasury's Office of Foreign Assets Control
is issuing the Somalia Sanctions Regulations, 31 CFR part 551 (the
``Regulations''), to implement E.O. 13536, pursuant to authorities
delegated to the Secretary of the Treasury in E.O.
[[Page 24395]]
13536. A copy of E.O. 13536 appears in appendix A to this part.
The Regulations are being published in abbreviated form at this
time for the purpose of providing immediate guidance to the public.
OFAC intends to supplement this part 551 with a more comprehensive set
of regulations, which may include additional interpretive and
definitional guidance and additional general licenses and statements of
licensing policy. (The appendix to the Regulations will be removed when
OFAC supplements this part with a more comprehensive set of
regulations.)
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 551
Administrative practice and procedure, Banks, Banking, Blocking of
assets, Credit, Services, Somalia.
0
For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control adds part 551 to 31 CFR
Chapter V to read as follows:
PART 551--SOMALIA SANCTIONS REGULATIONS
Subpart A--Relation of This Part to Other Laws and Regulations
Sec.
551.101 Relation of this part to other laws and regulations.
Subpart B--Prohibitions
551.201 Prohibited transactions.
551.202 Effect of transfers violating the provisions of this part.
551.203 Holding of funds in interest-bearing accounts; investment
and reinvestment.
Subpart C--General Definitions
551.301 Blocked account; blocked property.
551.302 Effective date.
551.303 Entity.
551.304 Interest.
551.305 Licenses; general and specific.
551.306 Person.
551.307 Property; property interest.
551.308 Transfer.
551.309 United States.
551.310 U.S. financial institution.
551.311 United States person; U.S. person.
Subpart D--Interpretations
551.401 [Reserved]
551.402 Effect of amendment.
551.403 Termination and acquisition of an interest in blocked
property.
551.404 Transactions ordinarily incident to a licensed transaction
authorized.
551.405 Setoffs prohibited.
551.406 Entities owned by a person whose property and interests in
property are blocked.
Subpart E--Licenses, Authorizations, and Statements of Licensing Policy
551.501 [Reserved]
551.502 [Reserved]
551.503 Exclusion from licenses.
551.504 Payments and transfers to blocked accounts in U.S. financial
institutions.
551.505 Entries in certain accounts for normal service charges
authorized.
551.506 Provision of certain legal services authorized.
551.507 Authorization of emergency medical services.
Subpart F--[Reserved]
Subpart G--[Reserved]
Subpart H--Procedures
551.801 [Reserved]
551.802 Delegation by the Secretary of the Treasury.
Subpart I--Paperwork Reduction Act
551.901 Paperwork Reduction Act notice.
Appendix A to Part 551--Executive Order 13536
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. 13536, 75 FR 19869,
April 15, 2010.
Subpart A--Relation of This Part to Other Laws and Regulations
Sec. 551.101 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 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.
Note to Sec. 551.101: This part has been published in
abbreviated form for the purpose of providing immediate guidance to
the public. OFAC intends to supplement this part with a more
comprehensive set of regulations, which may include additional
interpretive and definitional guidance and additional general
licenses and statements of licensing policy.
Subpart B--Prohibitions
Sec. 551.201 Prohibited transactions.
All transactions prohibited pursuant to Executive Order 13536 are
also prohibited pursuant to this part.
Note 1 to Sec. 551.201: The names of persons listed in or
designated pursuant to Executive Order 13536, whose property and
interests in property are blocked pursuant to 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 ``[SOMALIA].'' See Sec. 551.406
concerning entities that may not be listed on the SDN list but whose
property and interests in property are nevertheless blocked pursuant
to this section.
Note 2 to Sec. 551.201: 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-SOMALIA].''
Note 3 to Sec. 551.201: Sections 501.806 and 501.807 of this
chapter 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 this section.
[[Page 24396]]
Sec. 551.202 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 Sec.
551.201, 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 Sec. 551.201, 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 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 13536, 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 Office of Foreign Assets Control each of the following
paragraphs (d)(1) through (3):
(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 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 Sec. 551.202: 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 Sec.
551.201.
Sec. 551.203 Holding of funds in interest-bearing accounts;
investment and reinvestment.
(a) Except as provided in paragraphs (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 Sec. 551.201 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 Sec. 551.201 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 paragraphs
(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 Sec. 551.201 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 Sec. 551.201, nor may their holder
cooperate in or facilitate the pledging or other attempted use as
collateral of blocked funds or other assets.
Subpart C--General Definitions
Sec. 551.301 Blocked account; blocked property.
The terms blocked account and blocked property shall mean any
account or property subject to the prohibitions in Sec. 551.201 held
in the name of a person whose property and interests in property are
blocked pursuant to Sec. 551.201, 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 Sec. 551.301: See Sec. 551.406 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 Sec. 551.201.
[[Page 24397]]
Sec. 551.302 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 listed in the Annex to E.O. 13536,
12:01 a.m. eastern daylight time, April 13, 2010; or
(b) With respect to a person whose property and interests in
property are otherwise blocked pursuant to E.O. 13536, the earlier of
the date of actual or constructive notice that such person's property
and interests in property are blocked.
Sec. 551.303 Entity.
The term entity means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization.
Sec. 551.304 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.
Sec. 551.305 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 Sec. 551.305: See Sec. 501.801 of this chapter on
licensing procedures.
Sec. 551.306 Person.
The term person means an individual or entity.
Sec. 551.307 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.
Sec. 551.308 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. Without limitation on the
foregoing, it 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.
Sec. 551.309 United States.
The term United States means the United States, its territories and
possessions, and all areas under the jurisdiction or authority thereof.
Sec. 551.310 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. It includes but is not limited
to depository 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.
Sec. 551.311 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
Sec. 551.401 [Reserved]
Sec. 551.402 Effect of amendment.
Unless otherwise specifically provided, any amendment,
modification, or revocation of any provision in this part, any
provision in or appendix to this chapter, or any order, regulation,
ruling, instruction, or license issued by the Office of Foreign Assets
Control does not affect any act done or omitted, or any civil or
criminal 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.
Sec. 551.403 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 Sec. 551.201, unless there exists
in the property another interest that is blocked pursuant to Sec.
551.201 or any other part of this chapter, the transfer of which has
not been effected pursuant to license or other authorization.
[[Page 24398]]
(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
Sec. 551.201, such property shall be deemed to be property in which
that person has an interest and therefore blocked.
Sec. 551.404 Transactions ordinarily incident to a licensed
transaction authorized.
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 Sec. 551.201; 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.
Sec. 551.405 Setoffs prohibited.
A setoff against blocked property (including a blocked account),
whether by a U.S. bank or other U.S. person, is a prohibited transfer
under Sec. 551.201 if effected after the effective date.
Sec. 551.406 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 Sec. 551.201 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 Sec.
551.201, regardless of whether the entity itself is listed in the Annex
or designated pursuant to Executive Order 13536.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
Sec. 551.501 [Reserved]
Sec. 551.502 [Reserved]
Sec. 551.503 Exclusion from licenses.
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 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.
Sec. 551.504 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 Sec.
551.201 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 Sec. 551.504: See Sec. 501.603 of this chapter for
mandatory reporting requirements regarding financial transfers. See
also Sec. 551.203 concerning the obligation to hold blocked funds
in interest-bearing accounts.
Sec. 551.505 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.
Sec. 551.506 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 Sec. 551.201 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.
(b) The provision of any other legal services to persons whose
property and interests in property are blocked pursuant to Sec.
551.201, 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 Sec. 551.201 is prohibited unless licensed
pursuant to this part.
Sec. 551.507 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 Sec. 551.201 is authorized, provided that all
receipt of payment for such services must be specifically licensed.
Subpart F--[Reserved]
Subpart G--[Reserved]
Subpart H--Procedures
Sec. 551.801 [Reserved]
Sec. 551.802 Delegation by the Secretary of the Treasury.
Any action that the Secretary of the Treasury is authorized to take
pursuant to Executive Order 13536 of April 12, 2010 (75 FR 19869, April
15, 2010), and any further Executive orders relating to the national
emergency declared therein, may be taken by the Director of the Office
of Foreign Assets Control or
[[Page 24399]]
by any other person to whom the Secretary of the Treasury has delegated
authority so to act.
Subpart I--Paperwork Reduction Act
Sec. 551.901 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 recordkeeping and reporting requirements,
licensing procedures (including those pursuant to statements of
licensing policy), and other procedures, see Sec. 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.
APPENDIX A TO PART 551--EXECUTIVE ORDER 13536
Executive Order Blocking Property of Certain Persons Contributing to
the Conflict In Somalia
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.)
(NEA), section 5 of the United Nations Participation Act, as amended
(22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States
Code,
I, BARACK OBAMA, President of the United States of America, find
that the deterioration of the security situation and the persistence
of violence in Somalia, and acts of piracy and armed robbery at sea
off the coast of Somalia, which have repeatedly been the subject of
United Nations Security Council resolutions (including Resolution
1844 of November 20, 2008; Resolution 1846 of December 2, 2008;
Resolution 1851 of December 16, 2008; and Resolution 1897 of
November 30, 2009), and violations of the arms embargo imposed by
the United Nations Security Council in Resolution 733 of January 23,
1992, and elaborated upon and amended by subsequent resolutions
(including Resolution 1356 of June 19, 2001; Resolution 1725 of
December 6, 2006; Resolution 1744 of February 20, 2007; Resolution
1772 of August 20, 2007; Resolution 1816 of June 2, 2008; and
Resolution 1872 of May 26, 2009), constitute an unusual and
extraordinary threat to the national security and foreign policy of
the United States, and I hereby declare a national emergency to deal
with that threat.
I hereby order:
Section 1. (a) 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
any United States person, including any overseas branch, of the
following persons are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
(A) to have engaged in acts that directly or indirectly threaten
the peace, security, or stability of Somalia, including but not
limited to:
(1) acts that threaten the Djibouti Agreement of August 18,
2008, or the political process; or
(2) acts that threaten the Transitional Federal Institutions,
the African Union Mission in Somalia (AMISOM), or other
international peacekeeping operations related to Somalia;
(B) to have obstructed the delivery of humanitarian assistance
to Somalia, or access to, or distribution of, humanitarian
assistance in Somalia;
(C) to have directly or indirectly supplied, sold, or
transferred to Somalia, or to have been the recipient in the
territory of Somalia of, arms or any related material, or any
technical advice, training, or assistance, including financing and
financial assistance, related to military activities;
(D) to have materially assisted, sponsored, or provided
financial, material, logistical, or technical support for, or goods
or services in support of, the activities described in subsections
(a)(ii)(A), (a)(ii)(B), or (a)(ii)(C) of this section or any person
whose property and interests in property are blocked pursuant to
this order; or
(E) to be owned or controlled by, or to have acted or purported
to act for or on behalf of, directly or indirectly, any person whose
property and interests in property are blocked pursuant to this
order.
(b) I hereby determine that, among other threats to the peace,
security, or stability of Somalia, acts of piracy or armed robbery
at sea off the coast of Somalia threaten the peace, security, or
stability of Somalia.
(c) I hereby determine that, to the extent section 203(b)(2) of
IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making of donations of
the type of articles specified in such section by, to, or for the
benefit of any person whose property and interests in property are
blocked pursuant to subsection (a) of this section would seriously
impair my ability to deal with the national emergency declared in
this order, and I hereby prohibit such donations as provided by
subsection (a) of this section.
(d) The prohibitions in subsection (a) of this section include
but are not limited to:
(i) 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 this order; and
(ii) the receipt of any contribution or provision of funds,
goods, or services from any such person.
(e) The prohibitions in subsection (a) of this section apply
except to the extent provided by statutes, or in regulations,
orders, directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any license
or permit granted prior to the effective date of this order.
Sec. 2. (a) Any transaction by a United States person or within
the United States that evades or avoids, has the purpose of evading
or avoiding, causes a violation of, or attempts to violate any of
the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(c) the term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws
of the United States or any 5 jurisdiction within the United States
(including foreign branches), or any person in the United States;
(d) the term ``Transitional Federal Institutions'' means the
Transitional Federal Charter of the Somali Republic adopted in
February 2004 and the Somali federal institutions established
pursuant to such charter, and includes their agencies,
instrumentalities, and controlled entities; and
(e) the term ``African Union Mission in Somalia'' means the
mission authorized by the United Nations Security Council in
Resolution 1744 of February 20, 2007, and reauthorized in subsequent
resolutions, and includes its agencies, instrumentalities, and
controlled entities.
Sec. 4. For those persons whose property and interests in
property are blocked pursuant to this order who might have a
constitutional presence in the United States, I find that because of
the ability to transfer funds or other assets instantaneously, prior
notice to such persons of measures to be taken pursuant to this
order would render those measures ineffectual. I therefore determine
that for these measures to be effective in addressing the national
emergency declared in this order, there need be no prior notice of a
listing or determination made pursuant to section 1(a) of this
order.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ
all powers granted to the President by IEEPA and the UNPA, as may be
necessary to carry out the purposes of this order. The Secretary of
the Treasury may redelegate any of these functions to other officers
and agencies of the United States Government consistent with
applicable law. All 6 agencies of the United States Government are
hereby directed to take all appropriate measures within their
authority to carry out the provisions of this order.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to submit the recurring and
final reports to the Congress on the national emergency declared in
this order, consistent with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 7. The Secretary of the Treasury, in consultation with the
Secretary of State, is
[[Page 24400]]
hereby authorized to determine that circumstances no longer warrant
the blocking of the property and interests in property of a person
listed in the Annex to this order, and to take necessary action to
give effect to that determination.
Sec. 8. This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or
in equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any
other person.
Sec. 9. This order is effective at 12:01 a.m. eastern standard
time on April 13, 2010.
Barack Obama,
THE WHITE HOUSE,
April 12, 2010.
ANNEX
Individuals
1. Abshir ABDILLAHI [born circa 1966]
2. Hassan Abdullah Hersi AL-TURKI [born circa 1944]
3. Hassan Dahir AWEYS [born 1935]
4. Ahmed Abdi AW-MOHAMED [born 10 July 1977]
5. Yasin Ali BAYNAH [born circa 1966]
6. Mohamed Abdi GARAAD [born circa 1973]
7. Yemane GHEBREAB [born 21 July 1951]
8. Fuad Mohamed KHALAF [born circa 1965]
9. Bashir Mohamed MAHAMOUD [born circa 1979-1982]
10. Fares Mohammed MANA'A [born 8 February 1965]
11. Mohamed SA'ID [born circa 1966]
Entity
1. al-Shabaab
Dated: April 19, 2010.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
Approved: April 22, 2010.
Stuart A. Levey,
Under Secretary, Office of Terrorism and Financial Intelligence,
Department of the Treasury.
[FR Doc. 2010-9829 Filed 5-4-10; 8:45 am]
BILLING CODE 4811-45-P