[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Rules and Regulations]
[Pages 64415-64417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25343]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 591
Venezuela 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 amending the Venezuela Sanctions Regulations to
incorporate additional Executive orders, add a general license
authorizing U.S. Government activities, and add an interpretive
provision.
DATES: Effective Date: November 22, 2019.
FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for
Licensing, 202-622-2480; Assistant Director for Regulatory Affairs,
202-622-4855; or Assistant Director for Sanctions Compliance &
Evaluation, 202-622-2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available on OFAC's website (www.treasury.gov/ofac).
[[Page 64416]]
Background
On July 10, 2015, OFAC issued the Venezuela Sanctions Regulations,
31 CFR part 591 (the ``Regulations'') (80 FR 39676, July 10, 2015) to
implement the Venezuela Defense of Human Rights and Civil Society Act
of 2014 (Pub. L. 113-278) and Executive Order 13692 of March 8, 2015
(``Blocking Property and Suspending Entry of Certain Persons
Contributing to the Situation in Venezuela'') (E.O. 13692). The
Regulations were published in abbreviated form for the purpose of
providing immediate guidance to the public. Since then, the President
has issued six additional Executive orders pursuant to the national
emergency declared in E.O. 13692: Executive Order 13808 of August 24,
2017 (``Imposing Additional Sanctions With Respect to the Situation in
Venezuela'') (82 FR 41155, August 29, 2017); Executive Order 13827 of
March 19, 2018 (``Taking Additional Steps to Address the Situation in
Venezuela'') (83 FR 12469, March 21, 2018); Executive Order 13835 of
May 21, 2018 (``Prohibiting Certain Additional Transactions With
Respect to Venezuela'') (83 FR 24001, May 24, 2018); Executive Order
13850 of November 1, 2018 (``Blocking Property of Additional Persons
Contributing to the Situation in Venezuela'') (83 FR 55243, November 2,
2018); Executive Order 13857 of January 25, 2019 (``Taking Additional
Steps To Address the National Emergency With Respect to Venezuela'')
(84 FR 509, January 30, 2019); and Executive Order 13884 of August 5,
2019 (``Blocking Property of the Government of Venezuela'') (84 FR
38843, August 7, 2019).
In subpart B of the Regulations, OFAC is expanding existing Sec.
591.201 to specify that the prohibitions in that section include all
transactions prohibited pursuant to E.O. 13692 of March 8, 2015 or any
further Executive order issued pursuant to the national emergency
declared in E.O. 13692. In subpart C of the Regulations, OFAC is making
a technical amendment to the definition of financial, material, or
technological support at Sec. 591.304 to reflect the changes being
made to Sec. 591.201.
OFAC also is incorporating a general license into subpart E that
was previously posted only on OFAC's website. This general license,
which is being added as new Sec. 591.509, authorizes the U.S.
Government to engage in certain activities related to Venezuela. OFAC
is adding a new interpretative provision at Sec. 591.407 regarding
settlement agreements and the enforcement of liens, judgments, arbitral
awards, decrees, or other orders through execution, garnishment, or
other judicial process. This interpretive provision clarifies that,
notwithstanding the existence of any general license issued under 31
CFR part 591, or issued under any Executive order issued pursuant to
the national emergency declared in E.O. 13692, the 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. 591.201 is
prohibited unless authorized pursuant to a specific license issued by
OFAC. Finally, OFAC is making certain technical and conforming edits.
OFAC intends to supplement part 591 with a more comprehensive set
of regulations, which may include additional interpretive and
definitional guidance and additional general licenses and statements of
licensing policy.
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, as well as the
provisions of Executive Order 13771, 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 591
Administrative practice and procedure, Banks, Banking, Blocking of
assets, Legal services, Penalties, Reporting and recordkeeping
requirements, Sanctions.
For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control amends 31 CFR chapter V as
follows:
PART 591--VENEZUELA SANCTIONS REGULATIONS
0
1. The authority citation for part 591 is revised to read as follows:
Authority: 3 U.S.C. 301; 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 (50 U.S.C. 1705 note); Pub. L. 113-
278, 128 Stat. 3011 (50 U.S.C. 1701 note); E.O. 13692, 80 FR 12747,
March 11, 2015, 3 CFR, 2015 Comp., p. 276; E.O. 13808, 82 FR 41155,
August 29, 2017, 3 CFR, 2017 Comp., p. 377; E.O. 13827, 83 FR 12469,
March 21, 2018, 3 CFR, 2018 Comp., p. 794; E.O. 13835, 83 FR 24001,
May 24, 2018, 3 CFR, 2018 Comp., p. 817; E.O. 13850, 83 FR 55243,
November 2, 2018, 3 CFR, 2018 Comp., p. 881; E.O. 13857, 84 FR 509,
January 30, 2019; E.O. 13884, 84 FR 38843, August 7, 2019.
Subpart B--Prohibitions
0
2. Revise Sec. 591.201 to read as follows:
Sec. 591.201 Prohibited transactions.
All transactions prohibited pursuant to Executive Order 13692 of
March 8, 2015, or any further Executive orders issued pursuant to the
national emergency declared in Executive Order 13692, are prohibited
pursuant to this part.
Note 1 to Sec. 591.201: The names of persons designated
pursuant to Executive Order 13692, or pursuant to any further
Executive orders issued pursuant to the national emergency declared
in Executive Order 13692, whose property and interests in property
therefore are blocked pursuant to this section, are published in the
Federal Register and incorporated into OFAC's Specially Designated
Nationals and Blocked Persons List (SDN List) using the identifier
formulation ``[VENEZEULA-E.O. [E.O. number pursuant to which the
person's property and interests in property are blocked]].'' The SDN
List is accessible through the following page on OFAC's website:
www.treasury.gov/sdn. Additional information pertaining to the SDN
List can be found in appendix A to this chapter. See Sec. 591.406
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. 591.201: The International Emergency Economic
Powers Act (50 U.S.C. 1701-1706), in Section 203 (50 U.S.C. 1702),
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 section also are published in the
Federal Register and incorporated into the SDN List using the
identifier formulation ``[BPI-VENEZEULA-E.O. [E.O. number pursuant
to which the person's property and
[[Page 64417]]
interests in property are blocked pending investigation]].''
Note 3 to Sec. 591.201: 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.
Subpart C--General Definitions
Sec. 591.304 [Amended]
0
3. In Sec. 591.304, remove the text ``, as used in Executive Order
13692 of March 8, 2015,''.
Subpart D--Interpretations
0
4. Add Sec. 591.407 to read as follows:
Sec. 591.407 Settlement agreements and enforcement of certain orders
through judicial process.
Notwithstanding the existence of any general license issued under
this part, or issued under any Executive order issued pursuant to the
national emergency declared in E.O. 13692, the 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. 591.201, as
referenced in Sec. 591.506(c), is prohibited unless authorized
pursuant to a specific license issued by OFAC pursuant to this part.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
Sec. 591.506 [Amended]
0
5. In Sec. 591.506(a), (b), and (c), remove the text ``or any further
Executive orders relating to the national emergency declared in
Executive Order 13692 of March 8, 2015.''
Sec. 591.507 [Amended]
0
6. In Sec. 591.507(a) and the note to paragraph (a), remove the text
``or any further Executive orders relating to the national emergency
declared in Executive Order 13692 of March 8, 2015.''
Sec. 591.508 [Amended]
0
7. In Sec. 591.508, remove the text ``or any further Executive orders
relating to the national emergency declared in Executive Order 13692 of
March 8, 2015.''
0
8. Add Sec. 591.509 to read as follows:
Sec. 591.509 Official business of the United States Government.
All transactions that are for the conduct of the official business
of the United States Government by employees, grantees, or contractors
thereof are authorized.
Note 1 to Sec. 591.509: For additional information regarding
requirements relating to the 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. 591.201, see
Sec. 591.407.
Subpart H--Procedures
0
9. Revise Sec. 591.802 to read as follows:
Sec. 591.802 Delegation of certain authorities of the Secretary of
the Treasury.
Any action that the Secretary of the Treasury is authorized to take
pursuant to Executive Order 13692 of March 8, 2015, Executive Order
13808 of August 24, 2017, Executive Order 13827 of March 19, 2018,
Executive Order 13835 of May 21, 2018, Executive Order 13850 of
November 1, 2018, Executive Order 13857 of January 25, 2019, Executive
Order 13884 of August 5, 2019, and any further Executive orders issued
pursuant to the national emergency declared in Executive Order 13692 of
March 8, 2015, may be taken by the Director of OFAC or by any other
person to whom the Secretary of the Treasury has delegated authority so
to act.
Dated: November 18, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019-25343 Filed 11-21-19; 8:45 am]
BILLING CODE 4810-AL-P