[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63197-63199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26176]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Parts 538 and 560


Sudanese Sanctions Regulations; Iranian Transactions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (``OFAC'') is amending the Sudanese Sanctions Regulations and 
the Iranian Transactions Regulations to authorize the processing of 
funds transfers for the operating expenses or other official business 
of third-country diplomatic or consular missions in Sudan or Iran, 
respectively. OFAC also is amending the Sudanese Sanctions Regulations 
and the Iranian Transactions Regulations to authorize the 
transportation of human remains to or from Sudan and Iran, 
respectively, for burial, cremation, or interment.

DATES: Effective Date: October 12, 2011.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions 
Compliance & Evaluation, tel.: 202/622-2490, Assistant Director for 
Licensing, tel.: 202/622-2480, 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 (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.treasury.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 is amending the Sudanese Sanctions Regulations, 31 CFR part 
538 (the ``SSR''), and the Iranian Transactions Regulations, 31 CFR 
part 560 (the ``ITR''), to authorize the processing of funds transfers 
for the operating expenses or other official

[[Page 63198]]

business of third-country diplomatic or consular missions in, 
respectively, Sudan and Iran. OFAC also is amending the SSR and the ITR 
to authorize the transportation of human remains to or from Sudan and 
Iran, respectively, for burial, cremation, or interment. In addition, 
the amendments authorize the importation into the United States for 
non-commercial purposes of finished tombstones or grave markers of 
Sudanese or Iranian origin.
    Section 538.204 of the SSR generally prohibits the importation into 
the United States, directly or indirectly, of any goods or services of 
Sudanese origin. Section 538.205 of the SSR generally prohibits the 
exportation or reexportation, directly Sudan of any goods, technology, 
or services from the United States or by a United States person, 
wherever located, or requiring the issuance of a license by a Federal 
agency. As set forth in section 538.212(g)(1) of the SSR, these 
prohibitions do not apply to activities or related transactions with 
respect to the Specified Areas of Sudan, as defined in SSR section 
538.320, provided that, inter alia, they do not involve any property or 
interests in property of the Government of Sudan or the petroleum or 
petrochemical industries in Sudan. (Section 538.418 of the SSR contains 
guidance regarding additional restrictions on financial transactions 
involving Sudan, including the Specified Areas of Sudan.)
    Section 560.201 of the ITR generally prohibits the importation into 
the United States of any goods or services of Iranian origin or owned 
or controlled by the Government of Iran. Section 560.204 of the ITR 
generally prohibits the exportation, reexportation, sale, or supply, 
directly or indirectly, from the United States or by a U.S. person, 
wherever located, of any goods, technology, or services to Iran or the 
Government of Iran. Sections 560.206 and 560.208 of the ITR contain 
additional prohibitions that also may apply to U.S. persons' trade-
related transactions with Iran or facilitation of transactions by 
foreign persons with Iran.
    Third-country diplomatic and consular funds transfers. To ensure 
that the prohibitions in the SSR and the ITR do not impede the 
diplomatic or consular activities of third-country missions in Sudan 
and Iran, OFAC is adding new section 538.534 to the SSR and new section 
560.541 to the ITR. These new sections authorize the processing of 
funds transfers otherwise prohibited by the SSR and the ITR for the 
operating expenses or other official business of third-country 
diplomatic or consular missions in Sudan and Iran, respectively.
    Importation and exportation of human remains for burial, cremation, 
or interment. To ensure that the prohibitions in the SSR and the ITR do 
not have an unintended impact on the timely handling of human remains, 
OFAC is adding new section 538.535 to the SSR and new section 560.542 
to the ITR. Paragraph (a) Of each new section authorizes the 
importation into the United States of human remains for burial, 
cremation, or interment, paragraph (b) authorizes the importation into 
the United States for non-commercial purposes of finished tombstones or 
grave markers, and paragraph (c) authorizes the exportation from the 
United States or by U.S. persons of human remains for burial, 
cremation, or interment.

Public Participation

    Because the amendments of the SSR and ITR involve a foreign affairs 
function, the provisions of Executive Order 12866 of September 30, 
1993, and 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 SSR and ITR 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

31 CFR Part 538

    Banks, Banking, Currency, Diplomatic and consular missions, 
Exports, Human remains, Imports, Sudan.

31 CFR Part 560

    Banks, Banking, Currency, Diplomatic and consular missions, 
Exports, Human remains, Imports, Iran.

    For the reasons set forth in the preamble, the Department of the 
Treasury's Office of Foreign Assets Control amends 31 CFR parts 538 and 
560 as follows:

PART 538--SUDANESE SANCTIONS REGULATIONS

0
1. The authority citation for part 538 continues to read as follows:

    Authority:  3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 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); 22 U.S.C. 7201-7211; Pub. L. 109-344, 120 
Stat. 1869; Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note); 
E.O. 13067, 62 FR 59989, 3 CFR, 1997 Comp., p. 230; E.O. 13412, 71 
FR 61369, 3 CFR, 2006 Comp., p. 244.

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

0
2. Add a new Sec.  538.534 to subpart E to read as follows:


Sec.  538.534  Third-country diplomatic and consular funds transfers.

    U.S. depository institutions, U.S. registered brokers or dealers in 
securities, and U.S. registered money transmitters are authorized to 
process funds transfers for the operating expenses or other official 
business of third-country diplomatic or consular missions in Sudan, 
provided such transfers are not by, to, or through a person who is 
included within the term Government of Sudan, as defined in Sec.  
538.305.

0
3. Add a new Sec.  538.535 to subpart E to read as follows:


Sec.  538.535  Importation and exportation of human remains for burial, 
cremation, or interment authorized.

    (a) The importation into the United States of human remains for 
burial, cremation, or interment, as well as of coffins or other 
receptacles containing such human remains, from Sudan is authorized.
    (b) The importation into the United States for non-commercial 
purposes of finished tombstones or grave markers of Sudanese origin is 
authorized.
    (c) The direct or indirect exportation from the United States, or 
by a United States person, wherever located, of human remains for 
burial, cremation, or interment, as well as of coffins or other 
receptacles containing such human remains, to Sudan is authorized.
    (d) This section does not authorize the importation into the United 
States of Sudanese-origin cultural property or other items of 
archaeological, historical, or rare scientific importance.

    Note 1 to Sec.  538.535: See Sec.  538.418 for additional 
restrictions on financial transactions involving Sudan, including 
the Specified Areas of Sudan.


[[Page 63199]]



PART 560--IRANIAN TRANSACTIONS REGULATIONS

0
4. The authority citation for part 560 continues to read as follows:

    Authority: 3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C. 
2349aa-9; 22 U.S.C. 7201-7211; 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 (50 U.S.C. 1705 note); Pub. L. 
111-195, 124 Stat. 1312 (22 U.S.C. 8501-8551); 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; E.O. 13059, 62 FR 44531, 3 CFR, 1997 Comp., p. 217.

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

0
5. Add a new Sec.  560.541 to subpart E to read as follows:


Sec.  560.541  Third-country diplomatic and consular funds transfers.

    United States depository institutions and United States registered 
brokers or dealers in securities are authorized to process funds 
transfers, in a manner consistent with Sec.  560.516, for the operating 
expenses or other official business of third-country diplomatic or 
consular missions in Iran.

0
6. Add a new Sec.  560.542 to subpart E to read as follows:


Sec.  560.542  Importation and exportation of human remains for burial, 
cremation, or interment authorized.

    (a) The importation into the United States of human remains for 
burial, cremation, or interment, as well as of coffins or other 
receptacles containing such human remains, from Iran is authorized.
    (b) The importation into the United States for non-commercial 
purposes of finished tombstones or grave markers of Iranian origin is 
authorized.
    (c) The direct or indirect exportation from the United States, or 
by a United States person, wherever located, of human remains for 
burial, cremation, or interment, as well as of coffins or other 
receptacles containing such human remains, to Iran is authorized.
    (d) This section does not authorize the importation into the United 
States of Iranian-origin cultural property or other items of 
archaeological, historical, or rare scientific importance.

    Note 1 to Sec.  560.542: United States depository institutions 
and United States registered brokers or dealers in securities may 
transfer funds in connection with transactions authorized pursuant 
to this section in a manner consistent with Sec.  560.516.


    Dated: October 4, 2011.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2011-26176 Filed 10-11-11; 8:45 am]
BILLING CODE 4810-AL-P