[Federal Register Volume 65, Number 179 (Thursday, September 14, 2000)]
[Notices]
[Pages 55643-55644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23765]


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JUDICIAL REVIEW COMMISSION ON FOREIGN ASSET CONTROL


Review of Laws and Judicial Precedents Relating to the Blocking 
of Assets of Foreign Persons by the United States Government, and 
Examination and Evaluation of Remedies Available to United States 
Persons Affected by the Blocking of Such Assets

AGENCY: Judicial Review Commission on Foreign Asset Control.

ACTION: Scheduling of public hearings, and notice of opportunity to 
submit comments.

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SUMMARY: The Judicial Review Commission on Foreign Asset Control 
(''Commission'') will hold public hearings in connection with its 
statutory mandate under the Foreign Narcotics Kingpin Designation Act 
(``Narcotics Kingpin Act'') on September 21-22 and October 2-3, 2000. 
Under the Narcotics Kingpin Act, the Commission is required to conduct 
``a review of the current judicial, regulatory, and administrative 
authorities relating to the blocking of assets of foreign persons by 
the United States Government,'' and ``a detailed examination and 
evaluation of the remedies available to United States persons affected 
by the blocking of assets of foreign persons by the United States 
Government.'' In addition to the public hearings, the Commission 
invites interested parties to submit written statements regarding the 
matters under review by the Commission.

DATES: September 21-22 and October 2-3, 2000.

FOR FURTHER INFORMATION CONTACT: David H. Laufman, Staff Director & 
Deputy Chief Counsel, Judicial Review Commission on Foreign Asset 
Control, at (202) 305-1590, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Commission was established pursuant to Title VIII of the 
Foreign Narcotics Kingpin Designation Act (Pub. L. 106-120), which was 
enacted in December 1999 as part of the Intelligence Authorization Act 
for Fiscal Year 2000 (``Act''). Section 804 of the Act requires the 
President to publicly designate certain foreign persons as 
``significant foreign narcotics traffickers,'' and section 805(b) of 
the Act requires the blocking of all property and interests in property 
owned or controlled by such designated traffickers and certain other 
foreign persons designated by the Secretary of the Treasury. In 
addition, section 805(c) of the Act prohibits ``[a]ny transaction or 
dealing by a United States person, or within the United States, in 
property or interests in property of any significant narcotics 
trafficker * * * and foreign persons designated by the Secretary of the 
Treasury * * * ''
    Of particular significance to the Commission's work is section 
805(f) of the Act, which states that ``[t]he determinations, 
identifications, findings and designations made pursuant to section 804 
and subsection (b) of [section 805] shall not be subject to judicial 
review.'' (Emphasis added.)
    Under section 810(c) of the Act, the Commission is required to 
conduct (1) ``a review of the current judicial, regulatory, and 
administrative authorities relating to the blocking of assets of 
foreign persons by the United States Government''; and (2) ``a detailed 
examination and evaluation of the remedies available to United States 
persons affected by the blocking of assets of foreign persons by the 
United States Government.''
    In addition to this statutory mandate, Congress instructed the 
Commission, in the Conference Report that accompanied final passage of 
the Act, ``to examine and report on at least the following 
constitutional and other issues:
    (1) Whether reasonable protections of innocent U.S. businesses are 
available under the regime currently in place that is utilized to carry 
out the provisions of the International Emergency Economic Powers Act 
(''IEEPA'');
    (2) whether advance notice prior to blocking of one's assets is 
required as a matter of constitutional due process;
    (3) whether there are reasonable opportunities under the current 
IEEPA regulatory regime and the Administrative Procedures Act for an 
erroneous blocking of assets or mistaken listing under IEEPA to be 
remedied;
    (4) whether the level of proof that is required under the current 
judicial, regulatory, or administrative scheme is adequate to protect 
legitimate business interests from irreparable financial harm;
    (5) whether there is constitutionally adequate accessibility to the 
courts to challenge agency actions under IEEPA, or the designation of 
persons or entities under IEEPA;
    (6) whether there are remedial measures and legislative amendments

[[Page 55644]]

that should be enacted to improve the current asset blocking scheme 
under IEEPA or [the Foreign Narcotics Kingpin Designation Act]; and
    (7) whether the resources made available for the Office of Foreign 
Assets Control (``OFAC'') at the Department of Treasury in the fiscal 
year 2001 budget submission are adequate to carry out the provisions of 
this title or the other programs currently in effect under IEEPA.''
    The Commission is required by statute to submit a final report to 
Congress by early December 2000.

Public Hearings

    As part of the fact-finding undertaken to fulfill its legislative 
mandate, and pursuant to 21 U.S.C. 1908(d)(1), the Commission will hold 
public hearings on September 21-22 and October 2-3, 2000. The hearings 
on September 21 will be held in Room 2255 of the Rayburn House Office 
Building in Washington, D.C., located on Independence Avenue across 
from the U.S. Capitol, beginning at 9:30 a.m. The hearings on September 
22 will be held in Room 2200 of the Rayburn House Office Building, 
beginning at 9:30 a.m. The hearings on October 2-3 will be held in Room 
216 of the Senate Hart Office Building, located at 2nd St. and 
Constitution Avenue, N.E., Washington, DC, beginning at 9:30 a.m.

Written Submissions

    Interested persons are invited to submit written statements 
concerning the matters before the Commission, which, in the 
Commission's discretion, may be included in its report to Congress. All 
written submissions should be submitted at the earliest practicable 
date but must be submitted by 5 p.m. on October 31, 2000. All 
submissions should be addressed to Larry D. Thompson, Chairman, 
Judicial Review Commission on Foreign Asset Control, Suite 700, 1331 F. 
St., NW., Washington, DC 20530.

David H. Laufman,
Staff Director & Deputy Chief Counsel.
[FR Doc. 00-23765 Filed 9-13-00; 8:45 am]
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