[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6620]
[[Page Unknown]]
[Federal Register: March 21, 1994]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 550
Libyan Sanctions Regulations; Specially Designated Nationals List
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule; amendments.
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SUMMARY: The Office of Foreign Assets Control is amending the Libyan
Sanctions Regulations to add North Africa International Bank to
appendix A (``Organizations Determined to be Within the Term
`Government of Libya' (Specially Designated Nationals of Libya)''), to
provide new listings for four banks previously listed in appendix A,
and to add three Libyan banking officials to appendix B (``Individuals
Determined to be Specially Designated Nationals of the Government of
Libya'').
EFFECTIVE DATE: March 21, 1994.
ADDRESSES: Copies of the list of persons whose property is blocked
pursuant to the Libyan Sanctions Regulations are available upon request
at the following location: Office of Foreign Assets Control, U.S.
Department of the Treasury, Annex, 1500 Pennsylvania Avenue, N.W.,
Washington, D.C. 20220. The full list of persons blocked pursuant to
economic sanctions programs administered by the Office of Foreign
Assets Control is available electronically on The Federal Bulletin
Board (see Supplementary Information).
FOR FURTHER INFORMATION CONTACT: J. Robert McBrien, Chief,
International Programs Division, Office of Foreign Assets Control,
tel.: 202/622-2420.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document is available as an electronic file on The Federal
Bulletin Board the day of publication in the Federal Register. By modem
dial 202/512-1387 or call 202/512-1530 for disks or paper copies. This
file is available in Postscript, WordPerfect 5.1 and ASCII.
Background
The Office of Foreign Assets Control (``FAC'') is amending the
Libyan Sanctions Regulations, 31 CFR part 550 (the ``Regulations''), to
add new entries to appendices A and B. Appendix A (``Organizations
Determined to be Within the Term `Government of Libya' (Specially
Designated Nationals of Libya)'') is a list of organizations determined
by the Director of FAC to be within the definition of the term
``Government of Libya'' as set forth in Sec. 550.304(a) of the
Regulations, because they are owned or controlled by, or act or purport
to act directly or indirectly on behalf of, the Government of Libya.
Appendix B (``Individuals Determined to be Specially Designated
Nationals of the Government of Libya'') lists individuals determined by
the Director of FAC to be acting or purporting to act directly or
indirectly on behalf of the Government of Libya, and thus to fall
within the definition of the term ``Government of Libya'' in
Sec. 550.304(a).
Appendix A to part 550 is amended to provide public notice of the
designation of North Africa International Bank as a Specially
Designated National of Libya. Appendix A is further amended to add new
entries for four banks presently listed in appendix A under other
names. These banks are Banque Commerciale du Niger (formerly Banque
Arabe Libyenne Nigerienne pour le Commerce Exterieur et le
Developpement), Banque Commerciale du Sahel (formerly Banque Arabe
Libyenne Malienne pour le Commerce Exterieur et le Developpement),
Chinguetty Bank (formerly Banque Arabe Libyenne Mauritanienne pour le
Commerce Exterieur et le Developpement), and Societe Interaffricaine du
Banque (formerly Banque Arabe Libyenne Togolaise du Commerce
Exterieur). These banks remain listed in appendix A under their former
names as well.
Appendix B to part 550 is amended to provide public notice of three
individuals determined to be Specially Designated Nationals of the
Government of Libya: Seddigh Al Kabir, Mustafa Saleh Gibril, and Farag
Al Amin Shallouf. Each of these individuals is a Libyan national who
occupies a central management position in a Libyan SDN financial
institution.
All prohibitions in the Regulations pertaining to the Government of
Libya apply to the entities and individuals identified in appendices A
and B. All unlicensed transactions with such entities or persons, or
transactions in property in which they have an interest, are prohibited
unless otherwise exempted or generally licensed in the Regulations.
Determinations that persons fall within the definition of the term
``Government of Libya'' and are thus Specially Designated Nationals of
Libya are effective upon the date of determination by the Director of
FAC, acting under authority delegated by the Secretary of the Treasury.
Public notice is effective upon the date of publication or upon actual
notice, whichever is sooner.
The list of Specially Designated Nationals in appendices A and B is
a partial one, since FAC may not be aware of all agencies and officers
of the Government of Libya, or of all persons that might be owned or
controlled by, or acting on behalf of the Government of Libya within
the meaning of Sec. 550.304(a). Therefore, one may not rely on the fact
that a person is not listed in appendix A or B as a Specially
Designated National as evidence that it is not owned or controlled by,
or acting or purporting to act directly or indirectly on behalf of, the
Government of Libya. The Treasury Department regards it as incumbent
upon all persons governed by the Regulations to take reasonable steps
to ascertain for themselves whether persons with whom they deal are
owned or controlled by, or acting or purporting to act on behalf of,
the Government of Libya, or on behalf of other countries subject to
blocking or transactional restrictions administered by FAC (at present,
Cuba, Haiti, Iraq, North Korea, the UNITA rebels in Angola, Vietnam,
and the Federal Republic of Yugoslavia (Serbia and Montenegro)).
Section 206 of the International Emergency Economic Powers Act, 50
U.S.C. 1705, provides for civil penalties not to exceed $10,000 per
count for violation of the Regulations. These civil penalties are
subject to increase pursuant to Public Law 101-410, 101 Stat. 890 (28
U.S.C. 2461 note). Criminal violations of the Regulations are
punishable by fines of up to $250,000 or imprisonment for up to 10
years per count, or both, for individuals, and criminal fines of up to
$500,000 per count for organizations. See 50 U.S.C. 1705; 18 U.S.C.
3571.
Because the Regulations 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.
List of Subjects in 31 CFR Part 550
Administrative practice and procedure, Banks, Banking, Blocking of
assets, Exports, Foreign investment, Foreign trade, Government of
Libya, Imports, Libya, Loans, Penalties, Reporting and recordkeeping
requirements, Securities, Services, Specially designated nationals,
Travel restrictions.
PART 550--LIBYAN SANCTIONS REGULATIONS
For the reasons set forth in the preamble, 31 CFR part 550 is
amended as set forth below:
1. The authority citation for part 550 continues to read as
follows:
Authority: 50 U.S.C. 1701-1706; 50 U.S.C. 1601-1651; 22 U.S.C.
287c; 49 U.S.C. App. 1514; 22 U.S.C. 2349aa-8 and 2349aa-9; 3 U.S.C.
301; E.O. 12543, 3 CFR, 1986 Comp., p. 181; E.O. 12544, 3 CFR, 1986
Comp., p. 183; E.O. 12801, 3 CFR, 1992 Comp., p. 294.
2. Appendix A to part 550 is amended by adding the following
entries in alphabetical order, to read as follows:
APPENDIX A TO PART 550--ORGANIZATIONS DETERMINED TO BE WITHIN THE
TERM ``GOVERNMENT OF LIBYA'' (SPECIALLY DESIGNATED NATIONALS OF
LIBYA)
* * * * *
BANQUE COMMERCIALE DU NIGER,
(a.k.a. BCN),
(f.k.a. BANQUE ARABE LIBYENNE NIGERIENNE POUR LE COMMERCE
EXTERIEUR ET LE DEVELOPPEMENT),
(f.k.a. BALINEX),
P.O. Box 11363, Niamey, Niger.
* * * * *
BANQUE COMMERCIALE DU SAHEL
(f.k.a. BANQUE ARABE LIBYENNE MALIENNE POUR LE COMMERCE
EXTERIEUR ET LE DEVELOPPEMENT),
(f.k.a. BALIMA),
P.O. Box 2372, Bamako, Mali.
* * * * *
CHINGUETTY BANK,
(f.k.a. BANQUE ARABE LIBYENNE MAURITANIENNE POUR LE COMMERCE
EXTERIEUR ET LE DEVELOPPEMENT),
(f.k.a. BALM),
Jamal Abdulnasser Street, P.O. Box 262, Nouakchott, Mauritania.
* * * * *
NORTH AFRICA INTERNATIONAL BANK,
(a.k.a. NORTH AFRICAN INTERNATIONAL BANK),
(a.k.a. BANQUE ARABE DU NORD--BAAN),
(a.k.a. BANQUE ARABE D'AFRIQUE DU NORD (BAAN)),
(a.k.a. NAIB),
P.O. Box 485, 1080 Tunis Cedex, 742 Tunisia;
Avenue Kheireddine Pacha 25, Tunis, Tunisia;
P.O. Box 102, Le Belvedere, 1002 Tunis, 25 Avenue Kheriddine
Pacha, Tunis, Tunisia.
* * * * *
SOCIETE INTERAFFRICAINE DU BANQUE,
(f.k.a. BANQUE ARABE LIBYENNE TOGOLAISE DU COMMERCE EXTERIEUR),
(f.k.a. BALTEX),
P.O. Box 4874, Lome, Togo.
* * * * *
3. Appendix B to part 550 is amended by adding the following
entries in alphabetical order, to read as follows:
APPENDIX B TO PART 550--INDIVIDUALS DETERMINED TO BE SPECIALLY
DESIGNATED NATIONALS OF THE GOVERNMENT OF LIBYA
* * * * *
AL KABIR, Seddigh,
1 Giaddet Omar Mokhtar, P.O. Box 685, Tripoli, Libya.
* * * * *
GIBRIL, Mustafa Saleh,
P.O. Box 3224, Martyr Street, Megrief, Tripoli, Libya.
* * * * *
SHALLOUF, Farag Al Amin,
P.O. Box 9575/11, 1st Floor, Piccadily Centre, Hamra Street,
Beirut, Lebanon;
Vali Conagi Cad. No. 10, 80200 Nisantasi, P.O. Box No. 380,
80223 Sisli, Istanbul, Turkey.
* * * * *
Dated: January 10, 1994.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved: January 26, 1994.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 94-6620 Filed 3-17-94; 10:42 am]
BILLING CODE 4810-25-F