[Federal Register Volume 72, Number 120 (Friday, June 22, 2007)]
[Rules and Regulations]
[Pages 34376-34377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12148]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 537


Burmese Sanctions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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SUMMARY: The Office of Foreign Assets Control of the U.S. Department of 
the Treasury (``OFAC'') is amending the Burmese Sanctions Regulations, 
31 CFR 537, to add new Sec.  537.527, which sets forth a statement of 
OFAC licensing policy with respect to the issuance of specific licenses 
for the importation of Burmese origin animals and specimens, in sample 
quantities only, for bona fide scientific research and analysis 
purposes.

DATES: Effective Date: June 22, 2007.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing, 
tel.: 202/622-2480, Assistant Director for Compliance Outreach & 
Implementation, tel.: 202/622-2490, Assistant Director for Policy, 
tel.: 202/622-4855, Office of Foreign Assets Control, or Chief Counsel 
(Foreign Assets Control), tel.: 202/622-2410, Office of the General 
Counsel, Department of the Treasury, Washington, DC 20220 (not toll 
free numbers).

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

    This document and additional information concerning the Office of 
Foreign Assets Control are available from OFAC's Web site (http://www.treas.gov/ofac) or via facsimile through a 24-hour fax-on demand 
service, tel.: (202) 622-0077.

Background

    The Office of Foreign Assets Control (``OFAC'') promulgated the 
Burmese Sanctions Regulations, 31 CFR part 537 (the ``Regulations''), 
on May 21, 1998, to implement Executive Order 13047 of May 20, 1997 
(``E.O. 13047''), in which the President declared a national emergency 
with respect to the actions and policies of the Government of Burma, 
including the large-scale repression of the democratic opposition in 
Burma after September 30, 1996. To deal with that emergency, E.O. 13047 
prohibited new investment in Burma by U.S. persons.
    On July 28, 2003, the Burmese Freedom and Democracy Act of 2003 
(the ``BFDA'') was signed into law to restrict the financial resources 
of Burma's ruling military junta, the State

[[Page 34377]]

Peace and Development Council. Section 3(a) of the BFDA requires the 
President to ban the importation into the United States of any article 
that is a product of Burma. Section 3(b) of the BFDA, however, permits 
the President to waive the importation prohibition for any or all 
articles that are a product of Burma if the President determines that 
such a waiver is in the national interest of the United States and 
notifies the appropriate Congressional committees.
    To implement the BFDA and to take additional steps with respect to 
the Government of Burma's continued repression of the democratic 
opposition in Burma and with respect to the national emergency declared 
in E.O. 13047, the President issued Executive Order 13310 (``E.O. 
13310'') on July 28, 2003. Section 3 of E.O. 13310 implements the 
importation ban set forth in section 3(a) of the BFDA. Section 9 of 
E.O. 13310 delegates the President's waiver authority under section 
3(b) of the BFDA to the Secretary of State and authorizes the Secretary 
of the Treasury to take such actions, including the promulgation of 
rules and regulations, as may be necessary to carry out the purposes of 
the order. The Secretary of the Treasury has, in turn, authorized the 
Director of OFAC to take these actions. 31 CFR 537.802. Accordingly, on 
August 16, 2005, OFAC promulgated amendments to the Regulations to 
implement the provisions of E.O. 13310. Section 537.203 of the 
Regulations prohibits the importation into the United States of any 
article that is a product of Burma.
    On August 4, 2006, in accordance with section 3(b) of the BFDA and 
section 9 of E.O. 13310, the Department of State determined that it is 
in the national interest of the United States to waive the importation 
prohibition of the BFDA for animals and specimens of Burmese origin, in 
sample quantities only, that are imported for bona fide scientific 
research and analysis purposes. The purpose of this waiver was to allow 
OFAC to issue licenses authorizing such imports on a case-by-case 
basis. Consistent with section 3(b) of the BFDA, notification of the 
Department of State's waiver determination was provided to the 
appropriate committees of Congress.
    Based on this determination, OFAC is amending the Regulations to 
add a new Sec.  537.527, setting forth a statement of licensing policy. 
Section 537.527 provides that specific licenses may be issued on a 
case-by-case basis authorizing the importation into the United States 
of animals and specimens of Burmese origin, in sample quantities only, 
for bona fide scientific research and analysis purposes.

Public Participation

    Because the amendment of the Regulations involves 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.

Paperwork Reduction Act

    The collections of information related to the Regulations are 
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties 
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507), those collections of information have been approved by 
the Office of Management and Budget under control number 1505-0164. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection of 
information displays a valid control number.

List of Subjects in 31 CFR Part 537

    Administrative practice and procedure, Banks, Banking, Burma, 
Currency, Foreign investments in United States, Foreign trade, 
Penalties, Reporting and recordkeeping requirements, Securities.


0
For the reasons set forth in the preamble, the Office of Foreign Assets 
Control amends 31 CFR part 537 to read as follows:

PART 537--BURMESE SANCTIONS REGULATIONS

0
1. The authority citation for part 537 is revised to read as follows:

    Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651, 
1701-1706; Sec. 570, Pub. L. 104-208, 110 Stat. 3009; Pub. L. 108-
61, 117 Stat. 864; Pub. L. 109-177, 120 Stat. 192; E.O. 13047, 62 FR 
28301, 3 CFR, 1997 Comp., p. 202; E.O. 13310, 68 FR 44853, 3 CFR, 
2004 Comp., p. 241.

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

0
2. Add a new Sec.  537.527 to read as follows:


Sec.  537.527  Importation into the United States of Burmese-origin 
animals and specimens.

    Specific licenses may be issued on a case-by-case basis authorizing 
the importation into the United States of animals and specimens of 
Burmese origin, in sample quantities only, for bona fide scientific 
research and analysis purposes.

    Dated: May 16, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
 [FR Doc. E7-12148 Filed 6-21-07; 8:45 am]
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