http://cryptome.org/0004/fac060111.htm
1 June 2011
Taliban Emergency Sanctions Removed
[Federal Register Volume 76, Number 105 (Wednesday, June 1, 2011)]
[Rules and Regulations]
[Pages 31470-31471]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13581]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 545
Taliban (Afghanistan) 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
Taliban (Afghanistan) Sanctions Regulations, 31 CFR part 545, as a
result of the termination of the national emergency and revocation of
the Executive order on which part 545 was based. Sanctions against the
Taliban pursuant to Executive Order 13224 and the Global Terrorism
Sanctions Regulations, 31 CFR part 594, remain in place.
DATES: Effective Date: June 1, 2011.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202/622-2490, Assistant Director for
Licensing, tel.: 202/622-2480, 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 (not toll free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning OFAC are
available from OFAC's Web site (http://www.treasury.gov/ofac). Certain
general information pertaining to OFAC's sanctions programs also is
available via facsimile through a 24-
[[Page 31471]]
hour fax-on-demand service, tel.: 202/622-0077.
Background
On July 4, 1999, the President issued Executive Order 13129 (64 FR
36759, July 7, 1999), invoking the authority of, inter alia, the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
(``IEEPA'') and the National Emergencies Act (50 U.S.C. 1601 et seq.)
(the ``NEA''). In Executive Order 13129, the President determined that
the actions and policies of the Taliban in Afghanistan, in allowing
territory under its control in Afghanistan to be used as a safe haven
and base of operations for Usama bin Ladin and Al-Qaida, constituted an
unusual and extraordinary threat to the national security and foreign
policy of the United States and declared a national emergency to deal
with that threat. In response to this national emergency, the
President, in Executive Order 13129, ordered the blocking of all
property and interests in property of the Taliban and of persons
determined to be owned or controlled by, or to act for or on behalf of,
the Taliban, or to provide financial, material, or technological
support for, or services in support of, any of the foregoing. In
addition, Executive Order 13129 imposed a trade embargo against the
Taliban, any persons designated pursuant to the order, and the
territory of Afghanistan controlled by the Taliban. On January 11,
2001, the Department of the Treasury's Office of Foreign Assets Control
(``OFAC'') issued the Taliban (Afghanistan) Sanctions Regulations, 31
CFR part 545, to implement Executive Order 13219 (66 FR 2726, January
11, 2001).
On September 23, 2001, the President issued Executive Order 13224
(66 FR 49079, September 25, 2001), invoking the authority of, inter
alia, IEEPA, the NEA, and section 5 of the United Nations Participation
Act of 1945, as amended (22 U.S.C. 287c). In Executive Order 13224, the
President determined that grave acts of terrorism and threats of
terrorism committed by foreign terrorists, including the terrorist
attacks in New York, Pennsylvania, and the Pentagon committed on
September 11, 2001, and the continuing and immediate threat of further
attacks on United States nationals or the United States constitute an
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States and declared a national
emergency to deal with that threat. Executive Order 13224 blocks the
property and interests in property of foreign persons listed in the
Annex to the order or determined to have committed or to pose a
significant risk of committing acts of terrorism that threaten U.S.
nationals or the United States, as well as of, inter alia, persons
determined to be owned or controlled by, to act for or on behalf of, or
to provide financial, material, or technological support for, or
financial or other services to or in support of, such acts of terrorism
or those persons listed in the Annex or determined to be subject to the
order. On June 6, 2003, OFAC issued the Global Terrorism Sanctions
Regulations, 31 CFR part 594 (68 FR 34196, June 6, 2003) (the
``GTSR''), to carry out the purposes of Executive Order 13224.
On July 2, 2002, the President issued Executive Order 13268 (67 FR
44751, July 3, 2002), determining that the situation that gave rise to
the declaration of a national emergency in Executive Order 13129 of
July 4, 1999, with respect to the Taliban was significantly altered. As
a result, the President terminated the national emergency declared in
Executive Order 13129 with respect to the actions and policies of the
Taliban in Afghanistan and revoked that order. In addition, Executive
Order 13268 amended the Annex to Executive Order 13224 of September 23,
2001, by adding the Taliban and one individual who had previously been
listed in the Annex to Executive Order 13129, Mohammed Omar, the leader
of the Taliban. As a result, transactions involving the Taliban remain
subject to the GTSR.
Accordingly, OFAC is removing the Taliban (Afghanistan) Sanctions
Regulations, 31 CFR part 545, from 31 CFR chapter V. Pursuant to
section 202 of the NEA and section 4 of Executive Order 13268, removal
of this part does not affect ongoing enforcement proceedings or prevent
the initiation of enforcement proceedings based on an act committed
prior to the date of Executive Order 13268 where the relevant statute
of limitations has not run.
Public Participation
Because the Taliban (Afghanistan) Sanctions Regulations involve a
foreign affairs function, the provisions of Executive Order 12866 of
September 30, 1993, as amended, 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.
List of Subjects in 31 CFR Part 545
Administrative practice and procedure, Afghanistan, Banks, Banking,
Blocking of assets, Foreign investments in the United States, Foreign
trade, Penalties, Reporting and recordkeeping requirements, Taliban,
Travel restrictions.
For the reasons set forth in the preamble, and under the authority
of 50 U.S.C. 1701-1706 and Executive Order 13268, 31 CFR chapter V is
amended by removing part 545.
Dated: May 25, 2011.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2011-13581 Filed 5-31-11; 8:45 am]
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