[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Rules and Regulations]
[Pages 43436-43437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15401]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 582
Nicaragua 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 Nicaragua Sanctions Regulations to
incorporate the Nicaragua Human Rights and Anticorruption Act of 2018
by updating the authority citation and the prohibited transactions and
delegation sections. OFAC is also adding a general license authorizing
certain United States government activities.
DATES: This rule is effective July 17, 2020.
FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for
Licensing, tel.: 202-622-2480; Assistant Director for Regulatory
Affairs, tel.: 202-622-4855; or Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202-622-2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available on OFAC's website (www.treasury.gov/ofac).
Background
On September 4, 2019, OFAC issued the Nicaragua Sanctions
Regulations, 31 CFR part 582 (84 FR 46440, September 4, 2019) (the
``Regulations'') to implement Executive Order 13851 of November 27,
2018 (``Blocking Property of Certain Persons Contributing to the
Situation in Nicaragua'') (E.O. 13851). The regulations were published
in abbreviated form for the purpose of providing immediate guidance to
the public.
On December 20, 2018, the President signed the Nicaragua Human
Rights and Anticorruption Act of 2018 (Pub. L. 115-335; 50 U.S.C. 1701
note) (NHRAA) into law. The NHRAA requires the President to impose
targeted sanctions on certain persons, including those that he
determines to be responsible for or complicit in, or responsible for
ordering, controlling, or otherwise directing, or to have knowingly
participated in, directly or indirectly, in or in relation to Nicaragua
on or after April 18, 2018: (i) Significant acts of violence or conduct
that constitutes a serious abuse or violation of human rights against
persons associated with the protests in Nicaragua that began on April
18, 2018; (ii) significant actions or policies that undermine
democratic processes or institutions; (iii) acts of significant
corruption by or on behalf of the Government of Nicaragua or a current
or former official of the Government of Nicaragua; or (iv) the arrest
or prosecution of a person primarily because of the person's legitimate
exercise of freedom of speech, assembly, or the press.
This rule amends the authority citation of the Regulations and the
delegation section of the Regulations at Sec. 582.802 to add the
delegation of certain functions with respect to the NHRAA. OFAC is also
making certain technical edits to the authority citation of the
Regulations to shorten citations to conform with Federal Register
guidance.
In subpart B of the Regulations, OFAC is expanding existing Sec.
582.201, which relates to prohibited transactions, to specify that the
prohibitions in that section include all transactions prohibited
pursuant to E.O. 13851, or any further Executive orders issued pursuant
to the national emergency declared in E.O. 13851, and any transactions
prohibited pursuant to the
[[Page 43437]]
NHRAA. OFAC is also making a number of technical and conforming edits
in Notes 1 and 2 to Sec. 582.201 related to this change.
Finally, OFAC 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. 582.509, authorizes the U.S.
government to engage in certain activities related to Nicaragua.
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 582
Administrative practice and procedure, Banks, banking, Blocking of
assets, Nicaragua, 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 part 582 as
follows:
PART 582--NICARAGUA SANCTIONS REGULATIONS
0
1. The authority citation for part 582 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; 28 U.S.C. 2461 note; 50 U.S.C. 1705 note; 50 U.S.C. 1701
note; E.O. 13851, 83 FR 61505, 3 CFR, 2018 Comp., p. 884.
Subpart B--Prohibitions
0
2. Revise Sec. 582.201 to read as follows:
Sec. 582.201 Prohibited transactions.
All transactions prohibited pursuant to Executive Order 13851 of
November 27, 2018 (E.O. 13851), or any further Executive orders issued
pursuant to the national emergency declared in E.O. 13851, and any
transactions prohibited pursuant to the Nicaragua Human Rights and
Anticorruption Act of 2018 (Pub. L. 115-335; 50 U.S.C. 1701 note)
(NHRAA), are also prohibited pursuant to this part.
Note 1 to Sec. 582.201: The names of persons designated
pursuant to E.O. 13851, or listed in or designated or identified
pursuant to any further Executive orders issued pursuant to the
national emergency declared in E.O. 13851, 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 following identifiers: For E.O. 13851:
``[NICARAGUA]'' and for any further Executive orders issued pursuant
to the national emergency declared in E.O. 13851: Using the
identifier formulation ``[NICARAGUA-E.O. [E.O. number pursuant to
which the person's property and interests in property are
blocked]]''. The names of persons designated or identified pursuant
to NHRAA will be incorporated into the SDN list with the identifier
``[NICARAGUA-NHRAA]''. 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. 582.406 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. 582.201: The International Emergency Economic
Powers Act (50 U.S.C. 1701-1706), in Section 203 (50 U.S.C. 1702),
and the NHRAA, in section 5(d)(1), authorize 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 following identifiers: For
E.O. 13851: ``[BPI-NICARAGUA]''; for any further Executive orders
issued pursuant to the national emergency declared in E.O. 13851:
Using the identifier formulation ``[BPI-NICARAGUA-E.O.[E.O. number
pursuant to which the person's property and interests in property
are blocked pending investigation]]''; for the NHRAA: ``[BPI-
NHRAA]''.
Note 3 to Sec. 582.201: 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, and administrative reconsideration of
their status as persons whose property and interests in property are
blocked pursuant to this section.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
3. Add Sec. 582.509 to read as follows:
Sec. 582.509 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.
Subpart H--Procedures
0
4. Revise Sec. 582.802 to read as follows:
Sec. 582.802 Delegation of certain authorities by the Secretary of
the Treasury.
Any action that the Secretary of the Treasury is authorized to take
pursuant to Executive Order 13851 of November 27, 2018, and any further
Executive orders relating to the national emergency declared therein,
and any action that the Secretary of the Treasury is authorized to take
pursuant to Memorandum of May 24, 2019: Delegation of Functions and
Authorities under the Nicaragua Human Rights and Anticorruption Act of
2018, May 24, 2019 (published June 13, 2019), 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: July 13, 2020.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2020-15401 Filed 7-16-20; 8:45 am]
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