[Federal Register Volume 61, Number 47 (Friday, March 8, 1996)]
[Rules and Regulations]
[Pages 9343-9344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5487]



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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control

31 CFR Part 500


Foreign Assets Control Regulations; Humanitarian Donations to 
North Korea

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule; amendments.

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SUMMARY: This rule amends the Foreign Assets Control Regulations to 
authorize by general license all transactions with respect to the 
donation of funds to the United Nations and the American and 
International Red Cross for humanitarian assistance in the Democratic 
People's Republic of Korea, as well as all transactions incident to the 
donation of goods to meet basic human needs to the Democratic People's 
Republic of Korea from third countries by persons subject to U.S. 
jurisdiction.

EFFECTIVE DATE: March 5, 1996.

FOR FURTHER INFORMATION CONTACT: Steven I. Pinter, Chief of Licensing, 
tel.: 202/622-2480, or William B. Hoffman, Chief Counsel, tel.: 202/
622-2410, Office of Foreign Assets Control, Department of the Treasury, 
Washington, DC 20220.

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 and type ``/GO FAC,'' or call 202/512-1530 for 
disks or paper copies. This file is available for downloading without 
charge in WordPerfect, ASCII, and Adobe AcrobatTM readable (*.PDF) 
formats. The document is also accessible for downloading without charge 
in ASCII format from Treasury's Electronic Library (``TEL'') in the 
``Business, Trade and Labor Mall'' of the FedWorld bulletin board. By 
modem dial 703/321-3339, and select the appropriate self-expanding file 
in TEL. For Internet access, use one of the following protocols: Telnet 
= fedworld.gov (192.239.93.3); World Wide Web (Home Page) = http://
www.fedworld.gov; FTP = ftp.fedworld.gov (192.239.92.205).

Background

    As part of the October 21, 1994 United States-Democratic People's 
Republic of Korea (``DPRK'') Agreed Framework, the United States 
undertook to ease economic sanctions against the DPRK. Since that time, 
the DPRK has experienced severe flooding and is in need of emergency 
disaster assistance. As a separate measure, to facilitate the provision 
of humanitarian aid to the DPRK by private and nongovernmental persons, 
the Treasury Department is amending the Foreign Assets Control 
Regulations, 31 CFR part 500 (the ``Regulations''), by amending 
Sec. 500.573 to authorize, by general license, the donation of funds 
for humanitarian assistance to the United Nations, related UN programs 
and specialized agencies, the American Red Cross and the International 
Committee of the Red Cross. Amended Sec. 500.573 also authorizes by 
general license transactions incident to the donation to the DPRK from 
third countries of goods to meet basic human needs by persons subject 
to U.S. jurisdiction. Goods meeting basic human needs are defined by 
reference to Sec. 773.5 and supplement no. 7 to part 773 of the 
Commerce Department's Export Administration Regulations, 15 CFR parts 
768-799.
    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 500

    Administrative practice and procedure, Banks, banking, Cambodia, 
Exports, Fines and penalties, Finance, Foreign investment in the United 
States, Foreign trade, Imports, Information and informational 
materials, International organizations, North Korea, Reporting and 
recordkeeping requirements, 

[[Page 9344]]
Securities, Services, Travel restrictions, Trusts and estates, Vietnam.
    For the reasons set forth in the preamble, 31 CFR part 500 is 
amended as set forth below:
    1. The authority citation for part 500 continues to read as 
follows:
    T4Authority: 50 U.S.C. App. 1-44; E.O. 9193, 7 FR 5205, 3 CFR, 
1938-1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943-1948 
Comp., p. 748.

Subpart E--Licenses, Authorizations, and Statements of Licensing 
Policy

    2. Section 500.573 is revised to read as follows:


Sec. 500.573  Certain donations of funds and goods to meet basic human 
needs authorized.

    (a) The donation of funds for the purpose of contributing to the 
provision of humanitarian assistance to victims of natural disasters in 
North Korea is authorized, provided that such donations may only be 
made through the United Nations, related UN programs and specialized 
agencies, the American Red Cross and the International Committee of the 
Red Cross.
    (b) With respect to transactions not within the scope of the 
general license contained in Sec. 500.533 of this part, all 
transactions incident to the donation to North Korea of goods to meet 
basic human needs are authorized. For purposes of this section, goods 
to meet basic human needs shall be defined by reference to the 
Humanitarian License Procedure set forth in 15 CFR 773.5 (c) and (d) 
and supplement no. 7 to part 773 of the Export Administration 
Regulations.
    (c) Note: Exports from the United States to North Korea or 
reexports to North Korea of U.S.-origin goods, or foreign goods 
containing U.S.-origin content or produced from U.S.-origin technical 
data, to meet basic human needs in North Korea may require 
authorization from the U.S. Department of Commerce.

    Dated: February 28, 1996.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.
    Approved: February 29, 1996.
Dennis M. O'Connell
Acting Deputy Assistant Secretary (Regulatory, Tariff & Law 
Enforcement).

[FR Doc. 96-5487 Filed 3-5-96; 9:32 am]
BILLING CODE 4810-25-F