[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Rules and Regulations]
[Pages 73105-73106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27868]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / 
Rules and Regulations  

[[Page 73105]]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 539


Weapons of Mass Destruction Trade Control 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 amending the Weapons of Mass Destruction Trade 
Control Regulations to add a June 28, 2005 Executive order as an 
authority, remove the appendix to the part, and modify three 
definitions referencing the appendix.

DATES: This rule is effective December 27, 2021.

FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for 
Licensing, 202-622-2480; Assistant Director for Regulatory Affairs, 
202-622-4855; or Assistant Director for Sanctions Compliance & 
Evaluation, 202-622-2490.

SUPPLEMENTARY INFORMATION:

Electronic Availability

    This document and additional information concerning OFAC are 
available on OFAC's website: www.treasury.gov/ofac.

Background

    On February 23, 1999, OFAC issued the Weapons of Mass Destruction 
Trade Control Regulations, 31 CFR part 539 (64 FR 8715, February 23, 
1999) (the ``Regulations''), to implement Executive Order (E.O.) 12938 
of November 14, 1994, ``Proliferation of Weapons of Mass Destruction'' 
(59 FR 59099, November 16, 1994), as amended by E.O. 13094 of July 28, 
1998, ``Proliferation of Weapons of Mass Destruction'' (63 FR 40803, 
July 30, 1998). Since that time, OFAC has amended the Regulations to 
remove two names from appendix I to the Regulations (66 FR 57371, 
November 15, 2001).
    Appendix I to the Regulations lists the names of foreign persons 
who are determined by the Secretary of State pursuant to section 4(a) 
of E.O. 12938, as amended by E.O. 13094, to have materially contributed 
or attempted to contribute materially to the efforts of a foreign 
country, project, or entity of proliferation concern to use, acquire, 
design, develop, produce, or stockpile weapons of mass destruction or 
missiles capable of delivering such weapons, and who are subject to 
import measures authorized in E.O. 12938, as amended. Although appendix 
I to the Regulations has not been updated since November 15, 2001, the 
names of persons subject to the import measures authorized in E.O. 
12938, as amended, are published in the Federal Register and maintained 
on the Department of State's website. All persons currently listed in 
appendix I to the Regulations have been determined by the Department of 
State to no longer be subject to the import measures authorized in E.O. 
12938, as amended, and the Department of State has published these 
determinations in the Federal Register.\1\ The list maintained on the 
Department of State's website has been updated to reflect that these 
persons are no longer subject to sanctions under E.O. 12938, as 
amended.
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    \1\ Baltic State Technical University was removed on February 4, 
2010 (74 FR 5836); Europlace 2000, Grafit, MOSO Company, and NKIET 
were removed on April 1, 2004 (69 FR 17262); Glakosmos was removed 
on March 10, 2010 (75 FR 11223); D. Mendelyev University of Chemical 
Technology of Russia and Moscow Aviation Institute (MAI) were 
removed on May 21, 2010 (75 FR 28672).
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    In addition, since November 15, 2001, E.O. 12938, as amended, has 
been further amended. On June 28, 2005, the President, invoking the 
authority of, inter alia, the International Emergency Economic Powers 
Act (50 U.S.C. 1701-1706), issued E.O. 13382, ``Blocking Property of 
Weapons of Mass Destruction Proliferators and Their Supporters'' (70 FR 
38567, July 1, 2005), effective at 12:01 a.m. eastern daylight time on 
June 29, 2005. E.O. 13382 blocks the property and interests in property 
of certain persons and is implemented in the Weapons of Mass 
Destruction Proliferators Sanctions Regulations, 31 CFR part 544. In 
addition, E.O. 13382 further amended section 4(a) of E.O. 12938 to add 
the Secretary of the Treasury as a consultative party and expand the 
foreign persons who could be subject to the import measures of E.O. 
12938, as amended, to the following: Foreign persons determined by the 
Secretary of State, in consultation with the Secretary of the Treasury, 
to have engaged, or attempted to engage, in activities or transactions 
that have materially contributed to, or pose a risk of materially 
contributing to, the proliferation of weapons of mass destruction or 
their means of delivery (including missiles capable of delivering such 
weapons), including any efforts to manufacture, acquire, possess, 
develop, transport, transfer, or use such items, by any person or 
foreign country of proliferation concern. Accordingly, OFAC is adding 
E.O. 13382 as an authority to the Regulations.
    In light of the further amendment to section 4(a) of E.O. 12938, 
the removal of all persons from appendix I, and the Department of 
State's regular practice of publishing in the Federal Register notices 
of the determinations of the Secretary of State, in consultation with 
the Secretary of the Treasury, that a person meets or no longer meets 
the criteria of section 4(a) of E.O. 12938, as amended, OFAC is also 
now removing appendix I from the Regulations.
    OFAC is also amending the definitions in Sec. Sec.  539.301, 
539.302, and 539.304 in the Regulations to reflect the removal of 
appendix I and making technical edits to the authority citation to 
conform to Federal Register guidance.

Public Participation

    Because the Regulations involve a foreign affairs function, the 
provisions of E.O. 12866 of September 30, 1993, ``Regulatory Planning 
and Review'' (58 FR 51735, October 4, 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 Regulations are 
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties 
Regulations'').

[[Page 73106]]

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 in 31 CFR Part 539

    Administrative practice and procedure, Arms and munitions, Foreign 
Trade, Imports, Penalties, Reporting and recordkeeping requirements, 
Sanctions, Services, Weapons of mass destruction.

    For the reasons set forth in the preamble, OFAC amends 31 CFR part 
539 as follows:

PART 539--WEAPONS OF MASS DESTRUCTION TRADE CONTROL REGULATIONS

0
1. The authority citation for part 539 is revised to read as follows:

    Authority:  3 U.S.C. 301; 22 U.S.C. 2751-2799aa-2; 31 U.S.C. 
321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 
890, as amended (28 U.S.C. 2461 note); E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; E.O. 13094, 63 FR 40803, 3 CFR, 1998 Comp., 
p. 200; E.O. 13382, 70 FR 38567, 3 CFR, 2005 Comp., p. 170.

Subpart C--General Definitions

0
2. Revise Sec.  539.301 to read as follows:


Sec.  539.301  Designated foreign person.

    The term designated foreign person means any person determined by 
the Secretary of State, in consultation with the Secretary of the 
Treasury, to be subject to import measures pursuant to section 4(a) of 
Executive Order (E.O.) 12938 of November 14, 1994, as amended by E.O. 
13094 of July 28, 1998 and E.O. 13382 of June 28, 2005.

    Note 1 to Sec.  539.301.  The Department of State publishes in 
the Federal Register the names of persons determined to be subject 
to import measures pursuant to section 4(a) of E.O. 12938, as 
amended, and maintains a list of such persons accessible through the 
following page on the Department of State's website: https://www.state.gov/key-topics-bureau-of-international-security-and-nonproliferation/nonproliferation-sanctions/.

Sec.  539.302  [Amended]

0
3. In Sec.  539.302, remove the last sentence of the section.


Sec.  539.304  [Amended]

0
4. Amend Sec.  539.304 as follows:
0
a. Remove ``person listed in appendix I to this part'' everywhere it 
appears and add in its place ``designated foreign person.''
0
b. Remove ``entities listed in appendix I to this part'' and add in its 
place ``entities that are designated foreign persons.''

Appendix I to Part 539 [Removed]

0
5. Remove appendix I.

Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2021-27868 Filed 12-23-21; 8:45 am]
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