[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23360-23361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10703]



[[Page 23360]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

28 CFR Part 0

[Directive No. 81C]


Delegation of Authority

AGENCY: Office of the Assistant Attorney General, Criminal Division, 
Department of Justice.

ACTION: Final rule.

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

SUMMARY: The Attorney General has delegated to the Assistant Attorney 
General for the Criminal Division, with certain restrictions, the 
authority to perform the functions of the ``Central Authority'' or 
``Competent Authority'' under treaties and executive agreements between 
the United States and other countries on mutual assistance in criminal 
matters that designate the Attorney General or the Department of 
Justice as such authority. The Assistant Attorney General for the 
Criminal Division has re-delegated this authority to the Deputy 
Assistant Attorneys General, and to the Director and Deputy Directors, 
of the Office of International Affairs (OIA). The Assistant Attorney 
General for the Criminal Division further re-delegates the authority to 
make requests under treaties and executive agreements on mutual 
assistance in criminal matters to the Associate Directors of OIA. This 
final rule will amend the Appendix to Subpart K of Part 0 to expand the 
list of persons who may exercise the authority to make mutual 
assistance requests in criminal matters to include OIA's Associate 
Directors.

DATES: This rule is effective May 21, 2018.

FOR FURTHER INFORMATION CONTACT: Vaughn Ary, Director, Office of 
International Affairs, Criminal Division, U.S. Department of Justice, 
Washington, DC 20005; Telephone (202) 514-0000.

SUPPLEMENTARY INFORMATION: The Office of International Affairs (OIA) 
serves as the United States Central Authority with respect to all 
requests for information and evidence received from and made to foreign 
authorities under mutual legal assistance treaties and multilateral 
conventions regarding assistance in criminal matters. OIA's inventory 
of pending mutual legal assistance (MLA) requests has grown 
substantially in recent years. OIA received over 1,400 new MLA requests 
from U.S. prosecutors for foreign evidence in FY17, the most since 
OIA's inception in 1979. With only three senior leaders (the Director 
and two Deputy Directors) authorized to make these requests, it can be 
difficult for OIA to review and process all requests expeditiously. To 
address this issue, the Assistant Attorney General for the Criminal 
Division is modifying Directive 81A of the Appendix to Subpart K of 
Part 0 to extend the re-delegation of authority to Associate Directors 
who supervise OIA's regional teams and designated units as persons who 
may make MLA requests. Associate Directors are among the most 
experienced attorneys within the organization and are responsible for 
providing legal and policy guidance to the Assistant Attorney General 
and Deputy Assistant Attorneys General. Authorizing these senior 
supervisory attorneys to make MLA requests to foreign central 
authorities is commensurate with their existing duties and provides OIA 
with the capability to process these requests more efficiently, avoid 
unnecessary delays, and more effectively satisfy the demand for 
international evidence from U.S. law enforcement.

Administrative Procedure Act--5 U.S.C. 553

    This rule is a rule of agency organization and relates to a matter 
relating to agency management and is therefore exempt from the 
requirements of prior notice and comment and a 30-day delay in the 
effective date. See 5 U.S.C. 553(a)(2), 553(b)(3)(A).

Regulatory Flexibility Act

    A Regulatory Flexibility Analysis is not required to be prepared 
for this final rule because the Department was not required to publish 
a general notice of proposed rulemaking for this matter. See 5 U.S.C. 
604(a).

Executive Order 12866--Regulatory Planning and Review

    This action has been drafted and reviewed in accordance with 
Executive Order 12866, Regulatory Planning and Review, section 1(b), 
Principles of Regulation. This rule is limited to agency organization, 
management, and personnel as described in section 3(d)(3) of Executive 
Order 12866 and, therefore, is not a ``regulation'' or ``rule'' as 
defined by the order. Accordingly, this action has not been reviewed by 
the Office of Management and Budget.

Executive Order 13132--Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with Executive Order 12612, it 
is determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Executive Order 12988--Civil Justice Reform

    This rule was drafted in accordance with the applicable standards 
set forth in sections 3(a) and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1955

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organizations and does not substantially affect the rights or 
obligations of non-agency parties and, accordingly, is not a ``rule'' 
as that term is used by the Congressional Review Act, 5 U.S.C. 
804(3)(B). Therefore, the reporting requirement of 5 U.S.C. 801 does 
not apply.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Counterterrorism, 
Crime, Government employees, Law enforcement, National security 
information, Organization and functions (Government agencies), Privacy, 
Reporting and recordkeeping requirements, Terrorism, Whistleblowing.

    For the reasons stated in the preamble, Title 28, Part 0, of the 
Code of Federal Regulations is amended as set forth below:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

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

    Authority:  5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.

0
2. The Appendix to Subpart K of Part 0 is amended by removing Directive 
No. 81A and adding Directive No. 81C in alphanumeric order, to read as 
follows:

Appendix to Subpart K of Part 0--Criminal Division

* * * * *

[[Page 23361]]

[Directive No. 81C]

Re-Delegation of Authority to Deputy Assistant Attorneys General, 
Criminal Division, and Director and Deputy Directors of the Office of 
International Affairs To Act Under Treaties and Executive Agreements on 
Mutual Assistance in Criminal Matters; and Re-Delegation of Authority 
To Make Requests Under Treaties and Executive Agreements on Mutual 
Assistance in Criminal Matters to the Associate Directors of the Office 
of International Affairs

    By virtue of the authority vested in me by Sec.  0.64-1 of Title 
28 of the Code of Federal Regulations, the Authority delegated to me 
by that section to exercise all of the power and authority vested in 
the Attorney General under treaties and executive agreements on 
mutual assistance in criminal matters is hereby re-delegated to each 
of the Deputy Assistant Attorneys General, Criminal Division, and to 
the Director and Deputy Directors of the Office of International 
Affairs, Criminal Division. In addition, I hereby re-delegate the 
authority to make requests under treaties and executive agreements 
on mutual assistance in criminal matters to the Associate Directors 
of the Office of International Affairs, Criminal Division.

    Dated: May 10, 2018.
John P. Cronan,
Acting Assistant Attorney General.
[FR Doc. 2018-10703 Filed 5-18-18; 8:45 am]
 BILLING CODE P