[Federal Register Volume 82, Number 115 (Friday, June 16, 2017)]
[Rules and Regulations]
[Pages 27613-27614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12557]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 537
Removal of Burmese 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 removing from the Code of Federal Regulations the
Burmese Sanctions Regulations as a result of the termination of the
national emergency on which the regulations were based.
DATES: Effective: June 16, 2017.
FOR FURTHER INFORMATION CONTACT: The Department of the Treasury's
Office of Foreign Assets Control: Assistant Director for Licensing,
tel.: 202/622-2480, Assistant Director for Regulatory Affairs, tel.:
202/622-4855, Assistant Director for Sanctions Compliance & Evaluation,
tel.: 202/622-2490, or the Department of the Treasury's Office of the
Chief Counsel (Foreign Assets Control), Office of the General Counsel,
tel.: 202/622-2410.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning OFAC are
available from OFAC's Web site (www.treasury.gov/ofac).
Background
On May 20, 1997, the President issued Executive Order 13047,
``Prohibiting New Investment in Burma'' (E.O. 13047), in which the
President declared a national emergency to deal with the unusual and
extraordinary threat to the national security and foreign policy of the
United States posed by the actions and policies of the Government of
Burma, in response to a deepening pattern of severe repression by the
State Law and Order Restoration Council, the then-governing regime in
Burma. In E.O. 13047, the President also determined and certified that,
for purposes of section 570(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1997 (Public Law
104-208), the Government of Burma had committed large-scale repression
of the democratic opposition in Burma after September 30, 1996, and
E.O. 13047 imposed a prohibition on new investment in
[[Page 27614]]
Burma. The scope of the national emergency with respect to Burma was
modified and additional steps were taken to respond to the threat posed
by the actions and policies of the Government of Burma in Executive
Order 13310 of July 28, 2003 (E.O. 13310); Executive Order 13448 of
October 18, 2007 (E.O. 13448); Executive Order 13464 of April 30, 2008
(E.O. 13464); Executive Order 13619 of July 11, 2012 (E.O. 13619); and
Executive Order 13651 of August 6, 2013 (E.O. 13651). Further actions
also were taken under Burma sanctions statutes, namely the Burmese
Freedom and Democracy Act of 2003 (Public Law 108-61) and the Tom
Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act of 2008
(Public Law 110-286) (JADE Act).
On May 21, 1998, OFAC issued the Burmese Sanctions Regulations, 31
CFR part 537 (the ``Regulations''), as a final rule to implement E.O.
13047. The Regulations were amended and reissued in their entirety in
2005 to implement E.O. 13310, and again in 2014 to implement E.O.
13448, E.O.13464, E.O. 13619, and E.O. 13651. OFAC also has amended the
Regulations on various occasions to add general licenses and make other
updates, as well as issued and made available on its Web site several
general licenses.
On October 7, 2016, the President issued Executive Order 13742,
``Termination of Emergency With Respect to the Actions and Policies of
the Government of Burma'' (E.O. 13742). In E.O. 13742, the President
found that the situation that gave rise to the declaration of a
national emergency in E.O. 13047, with respect to the actions and
policies of the Government of Burma, had been significantly altered by
Burma's substantial advances to promote democracy, including historic
elections in November 2015 that resulted in the former opposition
party, the National League for Democracy, winning a majority of seats
in the national parliament and the formation of a democratically
elected, civilian-led government; the release of many political
prisoners; and greater enjoyment of human rights and fundamental
freedoms, including freedom of expression and freedom of association
and peaceful assembly. Accordingly, the President terminated the
national emergency declared in E.O. 13047, and revoked that order, E.O.
13310, E.O. 13448, E.O. 13464, E.O. 13619, and E.O. 13651.
As a result, OFAC is removing the Regulations from the Code of
Federal Regulations. Pursuant to section 202 of the National
Emergencies Act (50 U.S.C. 1622) and section 1 of E.O. 13742,
termination of the national emergency declared in E.O. 13047, as
modified in scope by E.O. 13448 and E.O. 13619, shall not affect any
action taken or proceeding pending not fully concluded or determined as
of 1:00 p.m. eastern daylight time on October 7, 2016 (the effective
date of E.O. 13742), any action or proceeding based on any act
committed prior to the effective date, or any rights or duties that
matured or penalties that were incurred prior to the effective date.
Public Participation
Because the Regulations involve a foreign affairs function, the
provisions of Executive Order 12866 and the Administrative Procedure
Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity
for public participation, and delay in effective date and the
provisions of Executive Order 13771 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 Paperwork Reduction Act does not apply because this rule does
not impose information collection requirements that would require the
approval of the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
List of Subjects in 31 CFR Part 537
Administrative practice and procedure, Banks, Banking, Blocking of
assets, Burma, Credit, Exportation, Foreign Trade, Importation,
Imports, Investments, Jadeite, Loans, New investment, Penalties,
Reporting and recordkeeping requirements, Rubies, Securities, Services,
Specially Designated Nationals.
For the reasons set forth in the preamble, and under the authority
of 3 U.S.C. 301; 50 U.S.C. 1601-1651; Pub. L. 110-286, 122 Stat. 2632;
E.O. 13047, 62 FR 28301, 3 CFR, 1997 Comp., p. 202; E.O. 13310, 68 FR
44853, 3 CFR, 2003 Comp., p. 241; E.O. 13448, 72 FR 60223, 3 CFR, 2007
Comp., p. 304; E.O. 13464, 73 FR 24491, 3 CFR, 2008 Comp., p. 189; E.O.
13619, 77 FR 41243, 3 CFR, 2012 Comp., p. 279; E.O. 13651, 78 FR 48793,
3 CFR, 2014 Comp., p. 324; and E.O. 13742, 81 FR 70593 (October 12,
2016), OFAC amends 31 CFR chapter V as follows:
PART 537--[REMOVED]
0
1. Remove part 537.
Dated: June 13, 2017.
John E. Smith,
Director, Office of Foreign Assets Control.
[FR Doc. 2017-12557 Filed 6-15-17; 8:45 am]
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