[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Rules and Regulations]
[Pages 61036-61037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28066]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 594


Global Terrorism Sanctions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (``OFAC'') is amending the Global Terrorism Sanctions 
Regulations to define the term ``financial, material, or technological 
support,'' as used in these regulations. Providing ``financial, 
material, or technological support,'' for either acts of terrorism that 
threaten the United States, or any person whose property or interests 
in property are blocked under these regulations, constitutes one of the 
criteria for designation as a person whose property and interests in 
property are blocked.

DATES: Effective Date: November 23, 2009.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Policy, tel.: 
202/622-4855, or Chief Counsel (Foreign Assets Control), tel.: 202/622-
2410 (not toll free numbers).

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability

    This document and additional information concerning OFAC are 
available from OFAC's Web site (http://www.treas.gov/ofac). Certain 
general information pertaining to OFAC's sanctions programs also is 
available via facsimile through a 24-hour fax-on-demand service, tel.: 
202/622-0077.

Background

    OFAC administers the Global Terrorism Sanctions Regulations, 31 CFR 
part 594 (``GTSR''), which implement Executive Order 13224 of September 
23, 2001, ``Blocking Property and Prohibiting Transactions With Persons 
Who Commit, Threaten to Commit, or Support Terrorism'' (66 FR 49079, 
Sept. 25, 2001) (``E.O. 13224''). Section 594.201(a) of the GTSR 
implements section 1 of E.O. 13224 and blocks the property and 
interests in property that are in or come within the United States, or 
that are in or come within the possession or control of U.S. persons, 
including their overseas branches, of (1) foreign persons listed in the 
Annex to E.O. 13224, as may be amended; (2) foreign persons determined 
by the Secretary of State, in consultation with the Secretary of the 
Treasury, the Secretary of Homeland Security, and the Attorney General, 
to have committed, or to pose a significant risk of committing, acts of 
terrorism that threaten the security of U.S. nationals or the national 
security, foreign policy, or economy of the United States; and (3) 
persons determined by the Secretary of the Treasury, in consultation 
with the Secretary of State, the Secretary of Homeland Security, and 
the Attorney General, to be owned or controlled by, or to act for or on 
behalf of, any person whose property and interests in property are 
blocked pursuant to this section.
    In particular, paragraph (a)(4)(i) of section 594.201 of the GTSR 
implements section 1(d)(i) of E.O. 13224 by blocking the U.S. property 
and interests in property of persons determined by the Secretary of the 
Treasury, in consultation with the Secretary of State, the Secretary of 
Homeland Security, and the Attorney General:

    To assist in, sponsor, or provide financial, material, or 
technological support for, or financial or other services to or in 
support of:
    (A) Acts of terrorism that threaten the security of U.S. 
nationals or the national security, foreign policy, or economy of 
the United States, or
    (B) Any person whose property or interests in property are 
blocked pursuant to paragraph (a) of this section . * * *

GTSR, section 594.201(a)(4)(i) (emphasis added).

    Acting under authority delegated by the Secretary of the Treasury, 
OFAC today is amending the GTSR to add a new definition of the term 
``financial, material, or technological support,'' as used in section 
594.201(a)(4)(i) of the GTSR. New section 594.317, in subpart C of the 
GTSR, defines the term ``financial, material, or technological 
support'' to mean any property, tangible or intangible, and includes a 
list of specific examples.
    The definition of the term ``financial, material, or technological 
support'' in new section 594.317 may include concepts that overlap with 
existing provisions in the GTSR, such as interpretive section 594.406 
on the ``provision of services.'' However, in light of the threat posed 
by acts of terrorism to the national security, foreign policy, and 
economy of the United States, OFAC has determined that the benefit of 
greater specificity in the new definition outweighs any concerns with 
regard to redundancy.
    Please note that, in promulgating this regulation, OFAC does not 
imply any limitation on the scope of paragraphs (a)(1), (a)(2), (a)(3), 
or (a)(4)(ii) of section 594.201. Furthermore, the designation criteria 
in these paragraphs as well as in paragraph (a)(4)(i) of section 
594.201 will be applied in a manner consistent with pertinent Federal 
law, including, where applicable, the First Amendment to the United 
States Constitution.

Public Participation

    Because the amendments of the GTSR 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.

Paperwork Reduction Act

    The collections of information related to the GTSR 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

[[Page 61037]]

collection of information unless the collection of information displays 
a valid control number.

List of Subjects 31 CFR Part 594

    Administrative practice and procedure, Banks, Banking, Penalties, 
Reporting and recordkeeping requirements, Terrorism.


0
For the reasons set forth in the preamble, the Department of the 
Treasury's Office of Foreign Assets Control amends 31 CFR part 594 as 
follows:

PART 594--GLOBAL TERRORISM SANCTIONS REGULATIONS

0
1. The authority citation for part 594 continues to read as follows:

    Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 31 U.S.C. 321(b); 50 
U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890 (28 
U.S.C. 2461 note); Pub. L. 110-96, 121 Stat. 1011; E.O. 13224, 66 FR 
49079, 3 CFR, 2001 Comp., p. 786; E.O. 13268, 67 FR 44751, 3 CFR, 
2002 Comp., p. 240; E.O. 13284, 64 FR 4075, 3 CFR, 2003 Comp., p. 
161.

Subpart C--General Definitions

0
2. Add a new Sec.  594.317 to subpart C to read as follows:


Sec.  594.317  Financial, material, or technological support.

    The term financial, material, or technological support, as used in 
Sec.  594.201(a)(4)(i) of this part, means any property, tangible or 
intangible, including but not limited to currency, financial 
instruments, securities, or any other transmission of value; weapons or 
related materiel; chemical or biological agents; explosives; false 
documentation or identification; communications equipment; computers; 
electronic or other devices or equipment; technologies; lodging; safe 
houses; facilities; vehicles or other means of transportation; or 
goods. ``Technologies'' as used in this definition means specific 
information necessary for the development, production, or use of a 
product, including related technical data such as blueprints, plans, 
diagrams, models, formulae, tables, engineering designs and 
specifications, manuals, or other recorded instructions.

    Dated: November 18, 2009.
John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. E9-28066 Filed 11-20-09; 8:45 am]
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