[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Rules and Regulations]
[Pages 54936-54941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27285]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Parts 500, 515, 535, 550, 560, 575, 585, 590 and 595
Foreign Assets Control Regulations, Cuban Assets Control
Regulations, Iranian Assets Control Regulations, Libyan Sanctions
Regulations, Iranian Transactions Regulations, Iraqi Sanctions
Regulations; Federal Republic of Yugoslavia (Serbia and Montenegro) and
Bosnian Serb-Controlled Areas of the Republic of Bosnia and Herzegovina
Sanctions Regulations, UNITA (Angola) Sanctions Regulations, Terrorism
Sanctions Regulations; Implementation of Section 4 of the Federal Civil
Penalties Inflation Adjustment Act of 1990, as Amended by the Debt
Collection Improvement Act of 1996
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule; amendments.
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SUMMARY: This final rule amends the Foreign Assets Control Regulations,
Cuban Assets Control Regulations, Iranian Assets Control Regulations,
Libyan Sanctions Regulations, Iranian Transactions Regulations, Iraqi
Sanctions Regulations, Federal Republic of Yugoslavia (Serbia and
Montenegro) and Bosnian Serb-Controlled Areas of the Republic of Bosnia
and Herzegovina Sanctions Regulations, UNITA (Angola) Sanctions
Regulations, and Terrorism Sanctions Regulations (collectively, the
``Regulations'') to implement section 4 of the Federal Civil Penalties
Inflation Adjustment Act of 1990, as amended by the Debt Collection
Improvement Act of 1996, by adjusting for inflation the amount of the
civil monetary penalties that may be assessed under the Regulations.
The rule also amends the penalty provisions of the Regulations to
reflect a 1994 amendment to 18 U.S.C. 1001. Certain of the Regulations
are also amended to note the availability of higher criminal fines
under 18 U.S.C. 3571.
EFFECTIVE DATE: October 21, 1996.
FOR FURTHER INFORMATION CONTACT: Mrs. B.S. Scott, Chief, Civil
Penalties Program (tel.: 202/622-6140); 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 and Facsimile 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
disk or paper copies. This file is available for downloading without
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(*.PDF) formats. For Internet access, the address for use with the
World Wide Web (Home Page), Telnet, or FTP protocol is:
fedbbs.access.gpo.gov. The document is also accessible for downloading
in ASCII format without charge 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). Additional information concerning the programs of the
Office of Foreign Assets Control is available for downloading from the
Office's Internet Home Page: http://www.ustreas.gov/treasury/services/
fac/fac.html, or in fax form through the Office's 24-hour fax-on-demand
service: call 202/622-0077 using a fax machine, fax modem, or touch
tone telephone.
[[Page 54937]]
Background
Section 4 of the Federal Civil Penalties Inflation Adjustment Act
of 1990 (Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note), as
amended by the Debt Collection Improvement Act of 1996 (Pub.L. 104-134,
sec. 31001(s)(1), Apr. 26, 1996, 110 Stat. 1321-373--the ``DCIA'')
(jointly, the ``FCPIA''), requires each Federal agency with statutory
authority to assess civil monetary penalties (``CMPs'') to adjust CMPs
for inflation according to a formula described in section 5 of the
FCPIA. The purpose of the FCPIA is to maintain the deterrent effect of
CMPs through periodic cost-of-living based adjustments. The first
inflation adjustment is required by October 23, 1996--180 days after
the enactment of the DCIA. Thereafter, agencies are to make inflation
adjustments at least once every four years. Adjustments of CMPs are to
be made by regulation published in the Federal Register. Any increase
in a CMP made pursuant to the FCPIA applies only to violations that
occur after the date the increase takes effect.
Section 5 of the FCPIA requires that each CMP having a specified or
maximum monetary amount provided for by Federal law be increased by the
percentage by which the Consumer Price Index for all urban consumers
(the ``CPI'') for the month of June of the calendar year preceding the
adjustment exceeds the CPI for the month of June of the calendar year
in which the amount of the CMP was last set or adjusted pursuant to
law. Section 5 also provides a formula for rounding the final CMP
amount. Finally, section 31001(s)(2) of the DCIA mandates that the
first inflation adjustment of a CMP may not exceed 10 percent of the
penalty prior to adjustment.
The Office of Foreign Assets Control currently imposes CMPs
pursuant to three statutes: the Trading with the Enemy Act (50 U.S.C.
App. 16--``TWEA''), the International Emergency Economic Powers Act (50
U.S.C. 1705--``IEEPA''), and section 580E of the Iraq Sanctions Act of
1990 (Pub.L. 101-513, 104 Stat. 2049, 50 U.S.C. 1701 note--``ISA'').
The CMP amount of $50,000 under TWEA was set in 1992. Thus, pursuant to
the FCPIA, the TWEA statutory CMP must be increased by the difference
between the CPI for 1995 and the CPI for 1992, or 8.8%, which, after
rounding, equals $5,000. Thus, this final rule amends the maximum TWEA-
based CMP per violation to be the inflation-adjusted amount of $55,000.
The CMP amount of $10,000 under IEEPA was set in 1977. Applying the
CPI inflator of the FCPIA would increase the CMP under IEEPA by 151.2%,
exceeding the DCIA's 10% cap. The adjustment is limited to $1,000.
Thus, this rule fixes the maximum IEEPA-based CMP per violation at
$11,000.
The CMP amount of $250,000 under the ISA was set in 1990. The CPI
inflator under the FCPIA (17.4%) again exceeds the DCIA 10% cap of
$25,000. Thus, this rule amends the maximum ISA-based CMP per violation
to be $275,000.
This rule also amends the penalty provisions of the Regulations to
reflect an amendment to 18 U.S.C. 1001 contained in section
330016(1)(L) of Public Law 103-322, Sept. 13, 1994, 108 Stat. 2147. The
amendment strikes the $10,000 cap on fines imposed for fraudulent
dealing with Federal agencies. Finally, this rule amends the
Regulations to note the availability of higher criminal fines pursuant
to the formulas set forth in 18 U.S.C. 3571.
Since the Regulations involve a foreign affairs function, Executive
Order 12886 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.
This rule contains no collection of information.
List of Subjects
31 CFR Part 500
Administrative practice and procedure, Banks, banking, Blocking of
assets, Cambodia, Exports, Finance, Foreign claims, Foreign investment
in the United States, Foreign trade, Imports, Information and
informational materials, International organizations, North Korea,
Penalties, Publications, Reporting and recordkeeping requirements,
Securities, Services, Specially designated nationals, Terrorism, Travel
restrictions, Trusts and estates, Vietnam.
31 CFR Part 515
Administrative practice and procedure, Air carriers, Banks,
banking, Blocking of assets, Cuba, Currency, Estates, Exports, Foreign
investment in the United States, Foreign trade, Imports, Informational
materials, Penalties, Publications, Reporting and recordkeeping
requirements, Securities, Shipping, Specially designated nationals,
Terrorism, Travel restrictions, Trusts and trustees, Vessels.
31 CFR Part 535
Administrative practice and procedure, Banks, banking, Blocking of
assets, Currency, Foreign investment in the United States, Iran,
Penalties, Reporting and recordkeeping requirements, Securities,
Terrorism.
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,
Terrorism, Travel restrictions.
31 CFR Part 560
Administrative practice and procedure, Agriculture commodities,
Banking and finance, Exports, Foreign trade, Imports, Information,
Investments, Iran, Loans, Penalties, Reporting and recordkeeping
requirements, Services, Specially designated nationals, Terrorism,
Transportation.
31 CFR Part 575
Administrative practice and procedure, Banks, banking, Blocking of
assets, Exports, Foreign trade, Humanitarian aid, Imports, Iraq, Oil
imports, Penalties, Petroleum, Petroleum products, Reporting and
recordkeeping requirements, Specially designated nationals, Terrorism,
Travel restrictions.
31 CFR Part 585
Administrative practice and procedure, Banking and finance,
Blocking of assets, Exports, Federal Republic of Yugoslavia (Serbia and
Montenegro), Foreign trade, Imports, Intellectual property, Loans,
Penalties, Reporting and recordkeeping requirements, Securities,
Services, Shipping, Telecommunications, Transfer of assets, Vessels.
31 CFR Part 590
Administrative practice and procedure, Angola, Exports, Foreign
trade, National Union for the Total Independence of Angola, Penalties,
Reporting and recordkeeping requirements, Shipping, UNITA, Vessels.
31 CFR Part 595
Administrative practice and procedure, Banking and finance,
Blocking of assets, Penalties, Reporting and recordkeeping
requirements, Specially designated terrorists, Terrorism, Transfer of
Assets.
[[Page 54938]]
For the reasons set forth in the preamble, 31 CFR chapter V is
amended as follows:
PART 500--FOREIGN ASSETS CONTROL REGULATIONS
1. The authority citation for part 500 is revised to read as
follows:
Authority: 50 U.S.C. App. 1044; Pub. L. 104-132, 110 Stat. 1214,
1254 (18 U.S.C. 2332d); Pub. L. 101-410, 104 Stat. 890 (28 U.S.C.
2461 note); E.O. 9193, 7 FR 5205, 3 CFR, 1938-1943 Comp., p. 1174;
E.O. 9989, 13 FR 4891, 3 CFR, 1943-48 Comp., p. 748.
Subpart G--Penalties
2. Section 500.701 is amended by removing paragraph (a)(6),
redesignating existing paragraphs (b) and (c) as paragraphs (c) and
(d), respectively, adding a new paragraph (b), and revising
introductory paragraph (a), paragraph (a)(3), and redesignated
paragraph (c) to read as follows:
Sec. 500.701 Penalties.
(a) Attention is directed to section 16 of the Trading with the
Enemy Act (50 U.S.C. App. 16), as amended by the Federal Civil
Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as
amended, 28 U.S.C. 2461 note), which provides that:
(1) * * *
(2) * * *
(3) The Secretary of the Treasury may impose a civil penalty of not
more than $55,000 per violation on any person who violates any license,
order, or regulation issued under that act;
(4) * * *
(5) * * *
(b) The criminal penalties provided in the Trading with the Enemy
Act are subject to increase pursuant to 18 U.S.C. 3571.
(c) Attention is directed to 18 U.S.C. 1001, which provides that
whoever, in any matter within the jurisdiction of any department or
agency of the United States, knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious or fraudulent statements or
representation or makes or uses any false writing or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry, shall be fined under title 18, United States Code, or imprisoned
not more than five years, or both.
* * * * *
PART 515--CUBAN ASSETS CONTROL REGULATIONS
1. The authority citation for part 515 is revised to read as
follows:
Authority: 50 U.S.C. App. 1-44; 22 U.S.C. 6001-6010; 22 U.S.C.
2370(a); Pub. L. 104-132, 110 Stat. 1214, 1254 (18 U.S.C. 2332d);
Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Proc. 3447 27
FR 1085, 3 CFR 1959-1963 Comp., p. 157; E.O. 9193, 7 FR 5205, 3 CFR,
1938-1943 Comp., p. 1147; E.O. 9989, 13 FR 4891, 3 CFR, 1943-48
Comp., p. 748; E.O. 12854, 58 FR 36587, 3 CFR 1993 Comp., p. 614.
Subpart G--Penalties
2. Section 515.701 is amended by removing paragraph (a)(5),
redesignating paragraphs (b), (c), (d) and (e) as paragraphs (c), (d),
(e) and (f), respectively, adding a new paragraph (b), and revising
introductory paragraph (a), paragraph (a)(3), and redesignated
paragraph (d) to read as follows:
Sec. 515.701 Penalties.
(a) Attention is directed to section 16 of the Trading with the
Enemy Act (50 U.S.C. App. 16), as amended by the Federal Civil
Penalties Inflation Adjustment Act of 1990 (Pub.L. 101-410, as amended,
28 U.S.C. 2461 note), which provides that:
(1) * * *
(2) * * *
(3) The Secretary of the Treasury may impose a civil penalty of not
more than $55,000 per violation on any person who violates any license,
order, or regulation issued under that act;
(4) * * *
(b) The criminal penalties provided in the Trading with the Enemy
Act are subject to increase pursuant to 18 U.S.C. 3571.
(c) * * *
(d) Attention is directed to 18 U.S.C. 1001, which provides that
whoever, in any matter within the jurisdiction of any department or
agency of the United States, knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious or fraudulent statements or
representation or makes or uses any false writing or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry, shall be fined under title 18, United States Code, or imprisoned
not more than five years, or both.
* * * * *
PART 535--IRANIAN ASSETS CONTROL REGULATIONS
1. The authority citation for part 535 is revised to read as
follows:
Authority: 50 U.S.C. 1701-1706; Pub. L. 104-132, 110 Stat. 1214,
1254 (18 U.S.C. 2332d); Pub. L. 101-410, 104 Stat. 890 (28 U.S.C.
2461 note); E.O. 12170, 44 FR 65729, 3 CFR, 1979 Comp., p. 457; E.O.
12205, 45 FR 24099, 3 CFR, 1980 Comp., p. 248; E.O. 12211, 45 FR
26685, 3 CFR, 1980 Comp., p. 253; E.O. 12276, 46 FR 7913, 3 CFR 1981
Comp., p. 104; E.O. 12279, 46 FR 7919, 3 CFR, 1981 Comp., p. 109;
E.O. 12280, 46 FR 7921, 3 CFR, 1981 Comp., p. 110; E.O. 12281, 46 FR
7923, 3 CFR, 1981 Comp., p. 110; E.O. 12282, 46 FR 7925, 3 CFR, 1981
Comp., p. 113; E.O. 12283, 46 FR 7927, 3 CFR, 1981 Comp., p.114; and
E.O. 12294, 46 FR 14111, 3 CFR, 1981 Comp., p. 139.
Subpart G--Penalties
2. Section 535.701 is amended by redesignating existing paragraphs
(b) and (c) as paragraphs (c) and (d), respectively, adding a new
paragraph (b), and revising paragraph (a) and redesignated paragraph
(c) to read as follows:
Sec. 535.701 Penalties.
(a) Attention is directed to section 206 of the International
Emergency Economic Powers Act (the ``Act'') (50 U.S.C. 1705), which is
applicable to violations of the provisions of any license, ruling,
regulation, order, direction or instruction issued by or pursuant to
the direction or authorization of the Secretary of the Treasury
pursuant to this part or otherwise under the Act. Section 206 of the
Act, as amended by the Federal Civil Penalties Inflation Adjustment Act
of 1990 (Pub.L. 101-410, as amended, 28 U.S.C. 2461 note), provides
that:
(1) A civil penalty of not to exceed $11,000 per violation may be
imposed on any person who violates any license, order, or regulation
issued under the Act;
(2) Whoever willfully violates any license, order, or regulation
issued under the Act shall, upon conviction, be fined not more than
$50,000, or, if a natural person, may be imprisoned for not more than
ten years, or both; and any officer, director, or agent of any
corporation who knowingly participates in such violation may be
punished by a like fine, imprisonment or both.
(b) The criminal penalties provided in the Act are subject to
increase pursuant to 18 U.S.C. 3571.
(c) Attention is also directed to 18 U.S.C. 1001, which provides
that whoever, in any matter within the jurisdiction of any department
or agency of the United States, knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious or fraudulent statement or
representation or makes or uses any false writing or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry, shall be fined under title 18, United States Code,
[[Page 54939]]
or imprisoned not more than five years, or both.
* * * * *
PART 550--LIBYAN SANCTIONS REGULATIONS
1. The authority citation for part 550 is revised 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; Pub. L.
104-132, 110 Stat. 1214, 1254 (18 U.S.C. 2332d); 3 U.S.C. 301; Pub.
L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); E.O. 12543, 51 FR
875, 3 CFR, 1986 Comp., p. 181; E.O. 12544, 51 FR 1235, 3 CFR, 1986
Comp., p. 183; E.O. 12801, 57 FR 14319, 3 CFR, 1992 Comp., p. 294.
Subpart G--Penalties
2. Section 550.701 is amended by redesignating existing paragraphs
(b), (c) and (d) as paragraphs (c), (d) and (e), respectively, adding a
new paragraph (b), and revising paragraph (a) and redesignated
paragraph (c) to read as follows:
Sec. 550.701 Penalties.
(a) Attention is directed to section 206 of the International
Emergency Economic Powers Act (the ``Act'') (50 U.S.C. 1705), which is
applicable to violations of the provisions of any license, ruling,
regulation, order, direction or instruction issued by or pursuant to
the direction or authorization of the Secretary of the Treasury
pursuant to this part or otherwise under the Act. Section 206 of the
Act, as amended by the Federal Civil Penalties Inflation Adjustment Act
of 1990 (Pub.L. 101-410, as amended, 28 U.S.C. 2461 note), provides
that:
(1) A civil penalty of not to exceed $11,000 per violation may be
imposed on any person who violates any license, order, or regulation
issued under the Act;
(2) Whoever willfully violates any license, order, or regulation
issued under the Act shall, upon conviction be fined not more than
$50,000, or, if a natural person, may be imprisoned for not more than
ten years, or both; and any officer, director, or agent of any
corporation who knowingly participates in such violation may be
punished by a like fine, imprisonment or both.
(b) The criminal penalties provided in the Act are subject to
increase pursuant to 18 U.S.C. 3571.
(c) Attention is also directed to 18 U.S.C. 1001, which provides
that whoever, in any matter within the jurisdiction of any department
or agency of the United States, knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious or fraudulent statement or
representation or makes or uses any false writing or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry, shall be fined under title 18, United States Code, or imprisoned
not more than five years, or both.
* * * * *
PART 560--IRANIAN TRANSACTIONS REGULATIONS
1. The authority citation for part 560 is revised to read as
follows:
Authority: 50 U.S.C. 1701-1706; 50 U.S.C. 1601-16512; 22 U.S.C.
2349aa-9; Pub. L. 104-132, 110 Stat. 1214, 1254 (18 U.S.C. 2332d);
Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); 3 U.S.C. 301;
E.O. 12613, 52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O. 12957, 60
FR 14615, 3 CFR 1995 Comp., p. 332; E.O. 12959, 60 FR 24757, 3 CFR
1995 Comp., p. 356.
Subpart G--Penalties
2. Section 560.701 is amended by redesignating existing paragraphs
(b), (c) and (e) as paragraphs (c), (e) and (d), respectively, adding a
new paragraph (b), and revising paragraph (a) and redesignated
paragraph (c) to read as follows:
Sec. 560.701 Penalties.
(a) Attention is directed to section 206 of the International
Emergency Economic Powers Act (the ``Act'') (50 U.S.C. 1705), which is
applicable to violations of the provisions of any license, ruling,
regulation, order, direction or instruction issued by or pursuant to
the direction or authorization of the Secretary of the Treasury
pursuant to this part or otherwise under the Act. Section 206 of the
Act, as amended by the Federal Civil Penalties Inflation Adjustment Act
of 1990 (Pub.L. 101-410, as amended, 28 U.S.C. 2461 note), provides
that:
(1) A civil penalty of not to exceed $11,000 per violation may be
imposed on any person who violates any license, order, or regulation
issued under the Act;
(2) Whoever willfully violates any license, order, or regulation
issued under the Act shall, upon conviction be fined not more than
$50,000, or, if a natural person, may be imprisoned for not more than
ten years, or both; and any officer, director, or agent of any
corporation who knowingly participates in such violation may be
punished by a like fine, imprisonment or both.
(b) The criminal penalties provided in the Act are subject to
increase pursuant to 18 U.S.C. 3571.
(c) Attention is also directed to 18 U.S.C. 1001, which provides
that whoever, in any matter within the jurisdiction of any department
or agency of the United States, knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious or fraudulent statement or
representation or makes or uses any false writing or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry, shall be fined under title 18, United States Code, or imprisoned
not more than five years, or both.
* * * * *
PART 575--IRAQI SANCTIONS REGULATIONS
1. The authority citation for part 575 is revised to read as
follows:
Authority: 50 U.S.C. 1701-1706; 50 U.S.C. 1601-1651; 22 U.S.C.
287c; Pub. L. 104-132, 110 Stat. 1214, 1254 (18 U.S.C. 2332d); Pub.
L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); 3 U.S.C. 301; E.O.
12722, 55 FR 31803, 3 CFR, 1990 Comp., p. 294; E.O. 12724, 55 FR
33089, 3 CFR, 1992 Comp., p. 317.
Subpart G--Penalties
2. Section 575.701 is amended by redesignating existing paragraphs
(b), (c), (d) and (e) as paragraphs (c), (d), (e) and (f),
respectively, adding a new paragraph (b), adding a new final sentence
to redesignated paragraph (c), and revising introductory paragraph (a),
paragraph (a)(1), and redesignated paragraph (d) to read as follows:
Sec. 575.701 Penalties.
(a) Section 580E of the Iraq Sanctions Act of 1990 (Public Law 101-
513, 104 Stat. 2049), as amended by the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub.L. 101-410, as amended, 28 U.S.C.
2461 note), provides that, notwithstanding section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) and
section 5(b) of the United Nations Participation Act of 1945 (22 U.S.C.
287c(b)):
(1) A civil penalty of not to exceed $275,000 per violation may be
imposed on any person who, after the enactment of this Act, violates or
evades or attempts to violate or evade Executive Order Number 12722,
12723, 12724, or 12725, or any license, order, or regulation issued
under any such Executive Order;
(2) * * *
(3) * * *
(b) The criminal penalties provided in the Iraq Sanctions Act are
subject to increase pursuant to 18 U.S.C. 3571.
(c) * * * The criminal penalties provided in the United Nations
[[Page 54940]]
Participation Act are subject to increase pursuant to 18 U.S.C. 3571.
(d) Attention is also directed to 18 U.S.C. 1001, which provides
that whoever, in any matter within the jurisdiction of any department
or agency of the United States, knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious or fraudulent statement or
representation or makes or uses any false writing or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry, shall be fined under title 18, United States Code, or imprisoned
not more than five years, or both.
* * * * *
PART 585--FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)
AND THE BOSNIAN SERB-CONTROLLED AREAS OF THE REPUBLIC OF BOSNIA AND
HERZEGOVINA SANCTIONS REGULATIONS
1. The authority citation for part 585 is revised 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; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C.
2461 note); 3 U.S.C. 301; E.O. 12808, 57 FR 23299; E.O. 12810, 57 FR
24347; E.O. 12831, 58 FR 5253.
Subpart G--Penalties
2. Section 585.701 is amended by redesignating existing paragraphs
(b), (c), and (d) as paragraphs (c), (d), and (e), respectively, adding
a new paragraph (b), adding a new final sentence to redesignated
paragraph (c), and revising paragraph (a) and redesignated paragraph
(d) to read as follows:
Sec. 585.701 Penalties.
(a) Attention is directed to section 206 of the International
Emergency Economic Powers Act (the ``Act'') (50 U.S.C. 1705), which is
applicable to violations of the provisions of any license, ruling,
regulation, order, direction or instruction issued by or pursuant to
the direction or authorization of the Secretary of the Treasury
pursuant to this part or otherwise under the Act. Section 206 of the
Act, as amended by the Federal Civil Penalties Inflation Adjustment Act
of 1990 (Pub.L. 101-410, as amended, 28 U.S.C. 2461 note), provides
that:
(1) A civil penalty of not to exceed $11,000 per violation may be
imposed on any person who violates any license, order, or regulation
issued under the Act;
(2) Whoever willfully violates any license, order, or regulation
issued under the Act shall, upon conviction be fined not more than
$50,000, or, if a natural person, may be imprisoned for not more than
ten years, or both; and any officer, director, or agent of any
corporation who knowingly participates in such violation may be
punished by a like fine, imprisonment or both.
(b) The criminal penalties provided in the Act are subject to
increase pursuant to 18 U.S.C. 3571.
(c) * * * The criminal penalties provided in the United Nations
Participation Act are subject to increase pursuant to 18 U.S.C. 3571.
(d) Attention is also directed to 18 U.S.C. 1001, which provides
that whoever, in any matter within the jurisdiction of any department
or agency of the United States, knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious or fraudulent statement or
representation or makes or uses any false writing or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry, shall be fined under title 18, United States Code, or imprisoned
not more than five years, or both.
* * * * *
PART 590--UNITA (ANGOLA) SANCTIONS REGULATIONS
1. The authority citation for part 590 is revised to read as
follows:
Authority: 50 U.S.C. 1701-1706; 50 U.S.C. 1601-1651; 22 U.S.C.
287c; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); 3 U.S.C.
301; E.O. 12865, 58 FR 51005.
Subpart G--Penalties
2. Section 590.701 is amended by redesignating existing paragraphs
(b), (c) and (d) as paragraphs (c), (d) and (e), respectively, adding a
new paragraph (b), adding a new final sentence to redesignated
paragraph (c), and revising paragraph (a) and redesignated paragraph
(d) to read as follows:
Sec. 590.701 Penalties.
(a) Attention is directed to section 206 of the International
Emergency Economic Powers Act (the ``Act'') (50 U.S.C. 1705), which is
applicable to violations of the provisions of any license, ruling,
regulation, order, direction or instruction issued by or pursuant to
the direction or authorization of the Secretary of the Treasury
pursuant to this part or otherwise under the Act. Section 206 of the
Act, as amended by the Federal Civil Penalties Inflation Adjustment Act
of 1990 (Pub. L. 101-410, as amended, 28 U.S.C. 2461 note), provides
that:
(1) A civil penalty of not to exceed $11,000 per violation may be
imposed on any person who violates any license, order, or regulation
issued under the Act;
(2) Whoever willfully violates any license, order, or regulation
issued under the Act shall, upon conviction be fined not more than
$50,000, or, if a natural person, may be imprisoned for not more than
ten years, or both; and any officer, director, or agent of any
corporation who knowingly participates in such violation may be
punished by a like fine, imprisonment or both.
(b) The criminal penalties provided in the Act are subject to
increase pursuant to 18 U.S.C. 3571.
(c) * * * The criminal penalties provided in the United Nations
Participation Act are subject to increase pursuant to 18 U.S.C. 3571.
(d) Attention is also directed to 18 U.S.C. 1001, which provides
that whoever, in any matter within the jurisdiction of any department
or agency of the United States, knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious or fraudulent statement or
representation or makes or uses any false writing or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry, shall be fined under title 18, United States Code, or imprisoned
not more than five years, or both.
* * * * *
PART 595--TERRORISM SANCTIONS REGULATIONS
1. The authority citation for part 595 is revised to read as
follows:
Authority: 50 U.S.C. 1701-1706; 50 U.S.C. 1601-1651; 3 U.S.C.
301; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); E.O.
12947, 60 FR 5079.
Subpart G--Penalties
2. Section 595.701 is amended by redesignating existing paragraph
(b) as paragraph (c), adding a new paragraph (b), and revising
paragraph (a) and redesignated paragraph (c) to read as follows:
Sec. 595.701 Penalties.
(a) Attention is directed to section 206 of the International
Emergency Economic Powers Act (the ``Act'') (50 U.S.C. 1705), which is
applicable to violations of the provisions of any license, ruling,
regulation, order, direction or instruction issued by or pursuant to
the direction or
[[Page 54941]]
authorization of the Secretary of the Treasury pursuant to this part or
otherwise under the Act. Section 206 of the Act, as amended by the
Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-
410, as amended, 28 U.S.C. 2461 note), provides that:
(1) A civil penalty of not to exceed $11,000 per violation may be
imposed on any person who violates any license, order, or regulation
issued under the Act;
(2) Whoever willfully violates any license, order, or regulation
issued under the Act shall, upon conviction be fined not more than
$50,000, or, if a natural person, may be imprisoned for not more than
ten years, or both; and any officer, director, or agent of any
corporation who knowingly participates in such violation may be
punished by a like fine, imprisonment or both.
(b) The criminal penalties provided in the Act are subject to
increase pursuant to 18 U.S.C. 3571.
(c) Attention is also directed to 18 U.S.C. 1001, which provides
that whoever, in any matter within the jurisdiction of any department
or agency of the United States, knowingly and willfully falsifies,
conceals or covers up by any trick, scheme, or device a material fact,
or makes any false, fictitious or fraudulent statement or
representation or makes or uses any false writing or document knowing
the same to contain any false, fictitious or fraudulent statement or
entry, shall be fined under title 18, United States Code, or imprisoned
not more than five years, or both.
* * * * *
Dated: October 17, 1996.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved: October 18, 1996.
James E. Johnson,
Assistant Secretary (Enforcement).
[FR Doc. 96-27285 Filed 10-21-96; 11:00 am]
BILLING CODE 4810-25-W