[Federal Register: June 22, 2007 (Volume 72, Number 120)]
[Rules and Regulations]
[Page 34376-34377]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn07-4]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 537
Burmese Sanctions Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
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SUMMARY: The Office of Foreign Assets Control of the U.S. Department of
the Treasury (``OFAC'') is amending the Burmese Sanctions Regulations,
31 CFR 537, to add new Sec. 537.527, which sets forth a statement of
OFAC licensing policy with respect to the issuance of specific licenses
for the importation of Burmese origin animals and specimens, in sample
quantities only, for bona fide scientific research and analysis
purposes.
DATES: Effective Date: June 22, 2007.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing,
tel.: 202/622-2480, Assistant Director for Compliance Outreach &
Implementation, tel.: 202/622-2490, 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, Washington, DC 20220 (not toll
free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning the Office of
Foreign Assets Control are available from OFAC's Web site (http://www.treas.gov/ofac
) or via facsimile through a 24-hour fax-on demand
service, tel.: (202) 622-0077.
Background
The Office of Foreign Assets Control (``OFAC'') promulgated the
Burmese Sanctions Regulations, 31 CFR part 537 (the ``Regulations''),
on May 21, 1998, to implement Executive Order 13047 of May 20, 1997
(``E.O. 13047''), in which the President declared a national emergency
with respect to the actions and policies of the Government of Burma,
including the large-scale repression of the democratic opposition in
Burma after September 30, 1996. To deal with that emergency, E.O. 13047
prohibited new investment in Burma by U.S. persons.
On July 28, 2003, the Burmese Freedom and Democracy Act of 2003
(the ``BFDA'') was signed into law to restrict the financial resources
of Burma's ruling military junta, the State
[[Page 34377]]
Peace and Development Council. Section 3(a) of the BFDA requires the
President to ban the importation into the United States of any article
that is a product of Burma. Section 3(b) of the BFDA, however, permits
the President to waive the importation prohibition for any or all
articles that are a product of Burma if the President determines that
such a waiver is in the national interest of the United States and
notifies the appropriate Congressional committees.
To implement the BFDA and to take additional steps with respect to
the Government of Burma's continued repression of the democratic
opposition in Burma and with respect to the national emergency declared
in E.O. 13047, the President issued Executive Order 13310 (``E.O.
13310'') on July 28, 2003. Section 3 of E.O. 13310 implements the
importation ban set forth in section 3(a) of the BFDA. Section 9 of
E.O. 13310 delegates the President's waiver authority under section
3(b) of the BFDA to the Secretary of State and authorizes the Secretary
of the Treasury to take such actions, including the promulgation of
rules and regulations, as may be necessary to carry out the purposes of
the order. The Secretary of the Treasury has, in turn, authorized the
Director of OFAC to take these actions. 31 CFR 537.802. Accordingly, on
August 16, 2005, OFAC promulgated amendments to the Regulations to
implement the provisions of E.O. 13310. Section 537.203 of the
Regulations prohibits the importation into the United States of any
article that is a product of Burma.
On August 4, 2006, in accordance with section 3(b) of the BFDA and
section 9 of E.O. 13310, the Department of State determined that it is
in the national interest of the United States to waive the importation
prohibition of the BFDA for animals and specimens of Burmese origin, in
sample quantities only, that are imported for bona fide scientific
research and analysis purposes. The purpose of this waiver was to allow
OFAC to issue licenses authorizing such imports on a case-by-case
basis. Consistent with section 3(b) of the BFDA, notification of the
Department of State's waiver determination was provided to the
appropriate committees of Congress.
Based on this determination, OFAC is amending the Regulations to
add a new Sec. 537.527, setting forth a statement of licensing policy.
Section 537.527 provides that specific licenses may be issued on a
case-by-case basis authorizing the importation into the United States
of animals and specimens of Burmese origin, in sample quantities only,
for bona fide scientific research and analysis purposes.
Public Participation
Because the amendment of the Regulations involves a foreign affairs
function, Executive Order 12866 and the provisions of 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''). 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 537
Administrative practice and procedure, Banks, Banking, Burma,
Currency, Foreign investments in United States, Foreign trade,
Penalties, Reporting and recordkeeping requirements, Securities.
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For the reasons set forth in the preamble, the Office of Foreign Assets
Control amends 31 CFR part 537 to read as follows:
PART 537--BURMESE SANCTIONS REGULATIONS
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1. The authority citation for part 537 is revised to read as follows:
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651,
1701-1706; Sec. 570, Pub. L. 104-208, 110 Stat. 3009; Pub. L. 108-
61, 117 Stat. 864; Pub. L. 109-177, 120 Stat. 192; E.O. 13047, 62 FR
28301, 3 CFR, 1997 Comp., p. 202; E.O. 13310, 68 FR 44853, 3 CFR,
2004 Comp., p. 241.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
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2. Add a new Sec. 537.527 to read as follows:
Sec. 537.527 Importation into the United States of Burmese-origin
animals and specimens.
Specific licenses may be issued on a case-by-case basis authorizing
the importation into the United States of animals and specimens of
Burmese origin, in sample quantities only, for bona fide scientific
research and analysis purposes.
Dated: May 16, 2007.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E7-12148 Filed 6-21-07; 8:45 am]
BILLING CODE 4811-42-P