[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Pages 45276-45278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18520]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control


Publication of Ukraine General Licenses 5, 6, 7, 8, and 9

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Notice, publication of general licenses.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (OFAC) is publishing General License No. 5, General License No. 
6, General License No. 7, General License No. 8, and General License 
No. 9 issued under the Ukraine-related sanctions program. On December 
30, 2014, OFAC issued General License No. 5, which authorizes 
transactions and activities necessary to wind down operations involving 
the Crimea region of Ukraine, subject to certain limitations. On 
January 30, 2015, OFAC issued three Ukraine-related general licenses. 
General License No. 6 authorizes noncommercial, personal remittances to 
or from the Crimea region of Ukraine or for or on behalf of an 
individual ordinarily resident in the Crimea region of Ukraine, subject 
to certain limitations. General License No. 7 authorizes the operation 
of accounts in U.S. financial institutions for individuals ordinarily 
resident in the Crimea region of Ukraine, subject to certain 
limitations. General License No. 8 authorizes transactions related to 
the receipt and transmission of telecommunications and mail, subject to 
certain limitations. On May 22, 2015, OFAC issued General License No. 
9, which authorizes the exportation of certain services and software 
incident to the exchange of Internet-based communications, subject to 
certain limitations.

DATES: Effective Date: December 30, 2014, for General License No. 5; 
January 30, 2015 for General License No. 6, General License No. 7, and 
General License No. 8; and May 22, 2015 for General License No. 9.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing, 
tel.: 202-622-2480, Assistant Director for Policy, tel.: 202-622-2746, 
Assistant Director for Regulatory Affairs, tel.: 202-622-4855, 
Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-
622-2490, 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

    Since December 30, 2014, OFAC has issued five general licenses 
authorizing certain transactions for the Crimea region of Ukraine 
involving certain activities prohibited by Executive Order 13685 of 
December 19, 2014. On December 30, 2014, OFAC issued General License 
No. 5 authorizing transactions and activities prohibited by Executive 
Order 13685 of December 19, 2014 necessary to wind down operations 
involving the Crimea region of Ukraine, subject to certain limitations. 
At the time of its issuance on December 30, 2014, OFAC made General 
License No. 5 available on the OFAC Web site (www.treasury.gov/ofac).
    On January 30, 2015, OFAC issued three general licenses. General 
License No. 6 authorizes noncommercial, personal remittances to or from 
the Crimea region of Ukraine or for or on behalf of an individual 
ordinarily resident in the Crimea region of Ukraine, subject to certain 
limitations. General License No. 7 authorizes the operation of accounts 
in U.S. financial institutions for individuals ordinarily resident in 
the Crimea region of Ukraine, subject to certain limitations. General 
License No. 8 authorizes transactions related to the receipt and 
transmission of telecommunications and mail involving the Crimea region 
of Ukraine, subject to certain limitations. At the time of their 
issuance on January 30, 2015, OFAC made General License Nos. 6, 7, and 
8 available on the OFAC Web site (www.treasury.gov/ofac).
    On May 22, 2015, OFAC issued General License No. 9 authorizing the 
exportation from the United States or by U.S. persons of certain 
services and software incident to the exchange of Internet-based 
communications, subject to certain limitations. At the time of its 
issuance on May 22, 2015, OFAC made General License No. 9 available on 
the OFAC Web site (www.treasury.gov/ofac). With this notice, OFAC is 
publishing Ukraine-related General License Nos. 5, 6, 7, 8, and 9 in 
the Federal Register.

Generak License No. 5

Authorizing Certain Activities Prohibited by Executive Order 13685 of 
December 19, 2014 Necessary To Wind Down Operations Involving the 
Crimea Region of Ukraine

    (a) Except as provided in paragraph (b) of this general license, 
all transactions and activities prohibited by Section 1 of Executive 
Order 13685 of December 19, 2014, ``Blocking Property of Certain 
Persons and Prohibiting Certain Transactions With Respect to the Crimea 
Region of Ukraine'' (the ``Crimea E.O.''), that are ordinarily incident 
and necessary (1) to the winding down or divestiture or transfer to a 
foreign person of a U.S. person's share of ownership, including an 
equity interest, in pre-December 20, 2014 investments located in the 
Crimea region of Ukraine; (2) to the winding down of operations, 
contracts, or other agreements that were in effect prior to December 
20, 2014, involving the exportation, reexportation, sale, or supply of 
goods, services, or technology

[[Page 45277]]

to the Crimea region of Ukraine; or (3) to the winding down of 
operations, contracts, or other agreements that were in effect prior to 
December 20, 2014, involving the importation of any goods, services, or 
technology from the Crimea region of Ukraine into the United States, 
are authorized through 12:01 a.m. eastern daylight time, February 1, 
2015.
    (b) This general license does not authorize (1) any new 
exportation, reexportation, sale, or supply of goods, services, or 
technology from the United States, or by a U.S. person, wherever 
located, to the Crimea region of Ukraine, or (2) any new importation 
into the United States of goods, services, or technology from the 
Crimea region of Ukraine, except as needed to wind down operations, 
contracts, or other agreements otherwise prohibited by the Crimea E.O. 
This general license does not authorize any transactions or dealings 
otherwise prohibited by any other Executive order or any other part of 
31 CFR Chapter V, or any transactions or dealings with any specially 
designated national (SDN) listed pursuant to any Ukraine-related 
Executive order.
    (c) U.S. persons participating in transactions authorized by this 
general license are required, within 10 business days after the wind-
down activities conclude, to file a detailed report, including the 
parties involved, the type and scope of activities conducted, and the 
dates of the activities, with the Office of Foreign Assets Control, 
Licensing Division, U.S. Department of the Treasury, 1500 Pennsylvania 
Avenue NW., Annex, Washington, DC 20220.
    Issued: December 30, 2014.

General License No. 6

Noncommercial, Personal Remittances Authorized

    (a)(1) U.S. persons are authorized to send and receive, and 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 the Crimea region of Ukraine or 
for or on behalf of an individual ordinarily resident in the Crimea 
region of Ukraine in cases in which the transfer involves a 
noncommercial, personal remittance, provided the transfer is not by, 
to, or through any person whose property and interests in property are 
blocked pursuant to Executive Order 13660 of March 6, 2014, Executive 
Order 13661 of March 17, 2014, Executive Order 13662 of March 20, 2014, 
or Executive Order 13685 of December 19, 2014 (collectively, the 
``Orders'').
    (2) Noncommercial, personal remittances do not include charitable 
donations of funds to or for the benefit of an entity or funds 
transfers for use in supporting or operating a business, including a 
family-owned business.
    (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), provided that the 
transferring institution does not know or have reason to know that the 
funds transfer is not in compliance with paragraph (a).
    (c) An individual who is a U.S. person is authorized to carry funds 
as a noncommercial, personal remittance, as described in paragraph (a) 
of this general license, to an individual in the Crimea region of 
Ukraine or to an individual ordinarily resident in the Crimea region of 
Ukraine, other than an individual whose property and interests in 
property are blocked pursuant to the Orders, provided that the 
individual who is a U.S. person is carrying the funds on his or her 
behalf, but not on behalf of another person.
    Issued: January 30, 2015.

General License No. 7

Operation of Accounts Authorized

    The operation of an account in a U.S. financial institution for an 
individual ordinarily resident in the Crimea region of Ukraine other 
than an individual whose property and interests in property are blocked 
pursuant to Executive Order 13660 of March 6, 2014, Executive Order 
13661 of March 17, 2014, Executive Order 13662 of March 20, 2014, or 
Executive Order 13685 of December 19, 2014 (collectively, the 
``Orders''), is authorized, provided that transactions processed 
through the account:
    (a) Are of a personal nature and not for use in supporting or 
operating a business;
    (b) Do not involve transfers directly or indirectly to the Crimea 
region of Ukraine or for the benefit of individuals ordinarily resident 
in the Crimea region of Ukraine unless authorized by General License 
No. 6 (``Noncommercial, Personal Remittances Authorized''); and
    (c) Are not otherwise prohibited by the Orders.
    Issued: January 30, 2015.

General License No. 8

Transactions Related to Telecommunications and Mail Authorized

    (a)(1) Except as provided in paragraph (a)(2) of this general 
license, all transactions with respect to the receipt and transmission 
of telecommunications involving the Crimea region of Ukraine are 
authorized, provided that no payment pursuant to this general license 
may involve any transaction with a person whose property and interests 
in property are blocked pursuant to Executive Order 13660 of March 6, 
2014, Executive Order 13661 of March 17, 2014, Executive Order 13662 of 
March 20, 2014, or Executive Order 13685 of December 19, 2014 
(collectively, the ``Orders'').
    (2) This general license does not authorize:
    (i) The provision, sale, or lease of telecommunications equipment 
or technology; or
    (ii) The provision, sale, or lease of capacity on 
telecommunications transmission facilities (such as satellite or 
terrestrial network activity).
    (b) All transactions of common carriers incident to the receipt or 
transmission of mail and packages between the United States and the 
Crimea region of Ukraine are authorized, provided that the importation 
or exportation of such mail and packages is exempt from the 
prohibitions of Executive Order 13685 of December 19, 2014, or is 
otherwise authorized pursuant to 31 CFR part 589.
    Issued: January 30, 2015.

General License No. 9

Exportation of Certain Services and Software Incident to Internet-Based 
Communications Authorized

    (a) Except as provided in paragraph (d) of this general license, 
the exportation or reexportation, directly or indirectly, from the 
United States or by U.S. persons, wherever located, to persons in the 
Crimea region of Ukraine of services incident to the exchange of 
personal communications over the Internet, such as instant messaging, 
chat and email, social networking, sharing of photos and movies, web 
browsing, and blogging, is authorized, provided that such services are 
widely available to the public at no cost to the user.
    (b) Except as provided in paragraph (d) of this general license, 
the exportation or reexportation, directly or indirectly, from the 
United States or by U.S. persons, wherever located, to persons in the 
Crimea region of Ukraine of software necessary to enable the services 
described in paragraph (a) of this general license is authorized, 
provided that such software is designated EAR99 under the Export 
Administration Regulations, 15 CFR parts 730 through 774 (the ``EAR''), 
or is classified by the U.S. Department of Commerce (Commerce) as mass 
market

[[Page 45278]]

software under export control classification number (ECCN) 5D992 of the 
EAR, and provided further that such software is widely available to the 
public at no cost to the user.
    (c) Except as provided in paragraph (d) of this general license, 
the exportation or reexportation, directly or indirectly, from the 
United States or by U.S. persons, wherever located, to persons in the 
Crimea region of Ukraine of software that is not subject to the EAR 
because it is of foreign origin and is located outside the United 
States that is necessary to enable the services described in paragraph 
(a) of this general license is authorized, provided that such software 
would be designated EAR99 if it were located in the United States or 
would meet the criteria for classification under ECCN 5D992 of the EAR 
if it were subject to the EAR, and provided further that such software 
is widely available to the public at no cost to the user.
    (d) This general license does not authorize:
    (1) The exportation or reexportation, directly or indirectly, of 
services or software with knowledge or reason to know that such 
services or software are intended for any person whose property and 
interests in property are blocked pursuant to Executive Order 13660 of 
March 6, 2014, Executive Order 13661 of March 17, 2014, Executive Order 
13662 of March 20, 2014, or Executive Order 13685 of December 19, 2014;
    (2) The exportation or reexportation, directly or indirectly, of 
any goods or technology listed on the Commerce Control List in the EAR, 
15 CFR part 774, supplement No. 1 (CCL), except for software necessary 
to enable the services described in paragraph (a) of this general 
license that is classified by Commerce as mass market software under 
ECCN 5D992 of the EAR;
    (3) The exportation or reexportation, directly or indirectly, of 
commercial-grade Internet connectivity services or telecommunications 
transmission facilities (such as dedicated satellite links or dedicated 
lines that include quality of service guarantees); or
    (4) The exportation or reexportation, directly or indirectly, of 
web-hosting services that are for commercial endeavors or of domain 
name registration services.
    (e) Specific licenses may be issued on a case-by-case basis for the 
exportation or reexportation of services or software incident to the 
exchange of personal communications over the Internet not specified in 
paragraphs (a), (b), or (c) of this general license, and for the 
exportation or reexportation of hardware incident to the exchange of 
personal communications over the Internet.

    Note to General License 9: Nothing in this general license or in 
any license issued pursuant to paragraph (e) of this general license 
relieves the exporter from compliance with the export license 
application requirements of another Federal agency.

    Issued: May 22, 2015.

    Dated: July 23, 2015.
John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2015-18520 Filed 7-28-15; 8:45 am]
BILLING CODE 4810-AL-P