[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47922-47924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19660]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control


Publication of General Licenses Related to the Burma Sanctions 
Program

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Notice, publication of general licenses.

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[[Page 47923]]

SUMMARY: The Office of Foreign Assets Control (``OFAC'') of the U.S. 
Department of the Treasury is publishing General License No. 16 and 
General License No. 17 issued under the Burma sanctions program on July 
11, 2012. General License No. 16 authorizes the exportation or 
reexportation of financial services to Burma, subject to certain 
limitations. General License No. 17 authorizes new investment in Burma, 
subject to certain limitations and requirements.

DATES: Effective Date: July 11, 2012.

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 (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

    On July 11, 2012, OFAC issued General License No. 16 authorizing 
the exportation or reexportation of financial services to Burma, 
directly or indirectly, from the United States or by a U.S. person, 
wherever located, subject to certain limitations. Also on July 11, 
2012, OFAC issued General License No. 17 authorizing new investment in 
Burma by U.S. persons, subject to certain limitations and requirements.
    The transactions authorized by General License No. 16 include the 
activities formerly authorized by General License No. 14-C, dated April 
17, 2012, authorizing certain financial transactions in support of 
humanitarian, religious, and other not-for-profit activities in Burma, 
and General License No. 15, dated May 9, 2008, authorizing 
noncommercial, personal remittances to Burma. Accordingly, General 
License No. 14-C and General License No. 15 are replaced and superseded 
in their entirety by General License No. 16. At the time of their 
issuance on July 11, 2012, OFAC made General License No. 16 and General 
License No. 17 available on its Web site (www.treasury.gov/ofac). As of 
July 11, 2012, the Executive Order referenced in each of General 
License 16 and General License 17 had not yet been assigned a number; 
that Executive Order has since been assigned a number, and is Executive 
Order 13619 of July 11, 2012, ``Blocking Property of Persons 
Threatening the Peace, Security, or Stability of Burma'' (77 FR 41243, 
July 13, 2012).
    With this notice, OFAC is publishing General License No. 16 and 
General License No. 17 in the Federal Register.
    1. General License No. 16 and General License No. 17.

General License No. 16

Authorizing the Exportation or Reexportation of Financial Services to 
Burma

    (a) The exportation or reexportation of financial services to 
Burma, directly or indirectly, from the United States or by a U.S. 
person, wherever located, is authorized, subject to the limitations set 
forth in paragraphs (c), (d), and (e) of this general license.
    (b) For the purposes of this general license, the term exportation 
or reexportation of financial services to Burma is defined in 31 CFR 
537.305.
    (c) This general license does not authorize, in connection with the 
provision of security services, the exportation or reexportation of 
financial services, directly or indirectly, to the Burmese Ministry of 
Defense, including the Office of Procurement; any state or non-state 
armed group; or any entity in which any of the foregoing own a 50 
percent or greater interest.
    (d) This general license does not authorize the exportation or 
reexportation of financial services, directly or indirectly, to any 
person whose property and interests in property are blocked pursuant to 
31 CFR 537.201(a), Executive Order 13448 of October 18, 2007, Executive 
Order 13464 of April 30, 2008, or Executive Order ------ of July 11, 
2012,\1\ except that transfers of funds pursuant to paragraph (a) of 
this general license are authorized even though they may involve 
transfers to or from an account of a financial institution whose 
property and interests in property are blocked pursuant to those 
authorities, provided that the account is not on the books of a 
financial institution that is a U.S. person.

    \1\ Blocking Property of Persons Threatening the Peace, 
Security, or Stability of Burma.

    (e) This general license does not authorize any debit to a blocked 
account.
    (f) General License No. 14-C and General License No. 15 are hereby 
replaced and superseded in their entirety by this general license. The 
transactions authorized by this General License No. 16 include the 
activities formerly authorized by General License No. 14-C, dated April 
17, 2012, authorizing certain financial transactions in support of 
humanitarian, religious, and other not-for-profit activities in Burma, 
and General License No. 15, dated May 9, 2008, authorizing 
noncommercial, personal remittances to Burma.
    Issued: July 11, 2012.

General License No. 17

Authorizing New Investment in Burma

    (a) New investment in Burma by U.S. persons is authorized, subject 
to the limitations and requirements set forth in paragraphs (c), (d), 
and (e) of this general license.
    (b) For the purposes of this general license, the term new 
investment is defined in 31 CFR 537.311. See also 31 CFR 537.302 and 
537.316.
    (c) This general license does not authorize new investment 
undertaken pursuant to an agreement, or pursuant to the exercise of 
rights under such an agreement, that is entered into with the Burmese 
Ministry of Defense, including the Office of Procurement; any state or 
non-state armed group; or any entity in which any of the foregoing own 
a 50 percent or greater interest.
    (d) This general license does not authorize transactions with, 
directly or indirectly, any person whose property and interests in 
property are blocked pursuant to 31 CFR 537.201(a), Executive Order 
13448 of October 18, 2007, Executive Order 13464 of April 30, 2008, or 
Executive Order ------ of July 11, 2012.\1\

    \1\ Blocking Property of Persons Threatening the Peace, 
Security, or Stability of Burma.

    (e) Any U.S. person engaging in new investment in Burma pursuant to 
this general license shall report to the Department of State in 
compliance with the requirements set forth in the Department of State's 
``Reporting Requirements on Responsible Investment in Burma,'' 
available at www.HumanRights.gov/BurmaResponsibleInvestment.
    Issued: July 11, 2012.
    2. General License No. 14-C and General License No. 15 are replaced 
and superseded in their entirety.

General License No. 14-C

Authorizing Certain Financial Transactions in Support of Humanitarian, 
Religious, and Other Not-for-Profit Activities in Burma

    (a) Amended General License No. 14-B, dated December 2, 2008, is 
replaced

[[Page 47924]]

and superseded in its entirety by this General License No. 14-C.
    (b) Subject to the limitations set forth in paragraph (c) of this 
general license, the exportation and reexportation of financial 
services to Burma not otherwise authorized by 31 CFR 537.518 and in 
support of the following not-for-profit activities is authorized:
    (1) Projects to meet basic human needs in Burma, including, but not 
limited to, disaster relief; assistance to refugees, internally 
displaced persons, and conflict victims; the distribution of food, 
clothing, medicine, and medical equipment intended to be used to 
relieve human suffering; the provision of health-related services; and 
the provision of shelter, and clean water, sanitation, and hygiene 
assistance;
    (2) Democracy building and good governance in Burma, including, but 
not limited to, rule of law, citizen participation, government 
accountability, conflict resolution, public policy advice, and civil 
society development projects;
    (3) Educational activities in Burma, including, but not limited to, 
combating illiteracy; increasing access to education at the elementary, 
high school, vocational, technical, college, or university level; 
foreign language instruction; and assisting education reform projects 
at all levels;
    (4) Sporting activities in Burma, including, but not limited to, 
amateur sporting events, activities promoting physical health and 
exercise, and the construction and maintenance of sports facilities 
open to the Burmese public;
    (5) Non-commercial development projects directly benefiting the 
Burmese people, including, but not limited to, preventing infectious 
disease; promoting maternal/child health, animal husbandry, food 
security, and sustainable agriculture; conservation of endangered 
species of fauna and flora and their supporting natural habitats; and 
the construction and maintenance of schools, libraries, medical 
clinics, hospitals, and other infrastructure necessary to support the 
aforementioned non-commercial development projects; and
    (6) Religious activities, including, but not limited to, religious 
education and training, including the training of missionaries; the 
establishment and maintenance of congregations; and the construction 
and improvement of houses of worship, schools, seminaries, and 
orphanages.
    (c) This general license does not authorize the exportation or 
reexportation of financial services to or for the benefit of any person 
whose property and interests in property are blocked pursuant to 31 CFR 
537.201(a), Executive Order 13448 of October 18, 2007, or Executive 
Order 13464 of April 30, 2008.

    Note to General License No. 14-C: Please note that all other 
transactions otherwise prohibited by 31 CFR 537.201 and 537.202 that 
are ordinarily incident to an exportation to Burma of goods, 
technology or services other than financial services, are authorized 
pursuant to 31 CFR 537.518, subject to certain conditions.

    Issued: April 17, 2012.

General License No. 15

Noncommercial, Personal Remittances to Burma Authorized

    (a)(1) U.S. depository institutions, U.S. registered brokers or 
dealers in securities, and U.S. registered money transmitters are 
authorized to process transfers of funds to or from Burma or for or on 
behalf of an individual ordinarily resident in Burma in cases in which 
the transfer involves a noncommercial, personal remittance, provided 
that, except as set forth in paragraph (a)(2), the transfer is not by, 
to, or through a person whose property and interests in property are 
blocked pursuant to 31 CFR 537.201(a), Executive Order 13448 of October 
18, 2007 (72 FR 60223, October 23, 2007) (``E.O. 13448''), or Executive 
Order 13464 of April 30, 2008 (73 FR 24491, May 2, 2008) (``E.O. 
13464'').
    (2) Transfers of funds pursuant to paragraph (a)(1) of this general 
license are authorized even though they may involve transfers to or 
from an account of a financial institution whose property and interests 
in property are blocked pursuant to 31 CFR 537.201(a), E.O. 13448, or 
E.O. 13464, provided that the account is not on the books of a 
financial institution that is a U.S. person.
    (3) Noncommercial, personal remittances do not include (i) 
charitable donations to or for the benefit of any entity or (ii) funds 
transfers for use in supporting or operating a business.

    Note to Paragraph (a)(3) of General License No. 15:  U.S. 
persons may make charitable donations to nongovernmental 
organizations in support of certain activities in Burma, provided 
that the donations are made pursuant to Amended General License No. 
14.

    (b) The transferring institutions identified in paragraph (a) of 
this general license may rely on the originator of a funds transfer 
with regard to compliance with paragraph (a) of this general license, 
provided that the transferring institution does not know or have reason 
to know that the funds transfer is not in compliance with paragraph (a) 
of this general license.
    (c) Except as set forth in paragraph (a)(2) above, this general 
license does not authorize transactions with respect to property 
blocked pursuant to 31 CFR 537.201, E.O. 13448, or E.O. 13464.

    Issued: May 9, 2008.
    Dated: August 3, 2012.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2012-19660 Filed 8-9-12; 8:45 am]
BILLING CODE 4810-AL-P