[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Rules and Regulations]
[Page 41739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20499]
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DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 211
RIN 1510-AA55
Delivery of Checks and Warrants to Addresses Outside the United
States, Its Territories and Possessions
AGENCY: Financial Management Service, Fiscal Service, Treasury.
ACTION: Final Rule.
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SUMMARY: This final rule revises the regulations governing the delivery
of Treasury checks outside the United States by removing the reference
to Vietnam. With the resumption of diplomatic relations, there is
reasonable assurance that payees residing in Vietnam will receive and
be able to negotiate Treasury checks for full value. An additional
revision contained in this rule updates a reference to the Department
of Veterans Affairs.
EFFECTIVE DATE: August 12, 1996.
FOR FURTHER INFORMATION CONTACT: William S. Mehr, Manager,
Administrative Services Branch, Financial Management Service,
Department of the Treasury, Washington, D.C. 20227, (202) 874-6932; or
Paul M. Curran (Principal Attorney) (202) 874-6680.
SUPPLEMENTARY INFORMATION: In response to inquiries from payment
certifying agencies regarding the possible resumption of the delivery
of Treasury checks to Vietnam, the Department of the Treasury requested
information from the Department of State (State) regarding banking and
postal conditions in that country. State has advised that, within the
past year, banking facilities in Vietnam have improved greatly and
should continue to do so.
With respect to postal facilities, State has proposed a system
whereby Treasury checks will be sent by diplomatic pouch to the
American Embassy in Hanoi. Further delivery, by hand, to the American
Consulate in Ho Chi Minh City also will be arranged by Embassy
personnel. Because of the small number of payees residing in Vietnam,
this arrangement is feasible for both Treasury and State. Additionally,
it is acceptable to payment certifying agencies.
Accordingly, there is reasonable assurance that payees living in
Vietnam will receive checks drawn against funds of the United States
and will be able to negotiate the same for full value. For this reason,
31 CFR 211.1(a) is being revised to delete the reference to Vietnam.
The regulation also contains outdated references to the Veterans
Administration. This amendment will correctly refer to the Department
of Veterans Affairs and the Secretary of Veterans Affairs.
Rulemaking Analysis
Because no notice of proposed rulemaking is required for this rule,
the provisions of the Regulatory Flexibility Act do not apply.
It has been determined that, because this regulation involves a
foreign affairs function of the United States, it is not subject to
Executive Order 12866. Therefore, a Regulatory Assessment is not
required.
Notice and Comment
Because this rule removes a restriction on the delivery of Treasury
checks to a foreign country, the Department of the Treasury has
determined that notice of proposed rulemaking, public procedure and a
delayed effective date are not required pursuant to 5 U.S.C. 553(a)(1),
5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(1).
List of Subjects in 31 CFR Part 211
Foreign banking, Foreign claims, Checks.
For the reasons set out in the preamble, 31 CFR Part 211 is amended
as set forth below.
PART 211--DELIVERY OF CHECKS AND WARRANTS TO ADDRESSES OUTSIDE THE
UNITED STATES, ITS TERRITORIES AND POSSESSIONS
1. The authority citation for part 211 is revised to read as
follows:
Authority: 5 U.S.C. 301; 31 U.S.C. 321 and 3329.
2. Section 211.1(a) is revised to read as follows:
Sec. 211.1 Withholding delivery of checks.
(a) It is hereby determined that postal, transportation or banking
facilities in general or local conditions in the Republic of Cuba,
Democratic Kampuchea, and the Democratic People's Republic of Korea
(North Korea) are such that there is not a reasonable assurance that a
payee in those areas will actually receive checks or warrants drawn
against funds of the United States, or agencies or instrumentalities
thereof, and be able to negotiate the same for full value.
* * * * *
3. Section 211.2 is revised to read as follows:
Sec. 211.2 Claims for the release of withheld checks or for the
proceeds thereof.
Claims for the release of checks or warrants withheld from delivery
or for the proceeds thereof, shall be filed with the administrative
agency which would have originally authorized such issuance, e.g.,
claims arising out of checks or warrants representing payments under
laws administered by the Department of Veterans Affairs shall be filed
with the Secretary of Veterans Affairs, Department of Veterans Affairs,
Washington, DC 20420.
Dated: July 23, 1996.
Russell D. Morris,
Commissioner.
[FR Doc. 96-20499 Filed 8-9-96; 8:45 am]
BILLING CODE 4810-35-P