2024-06-06 | 2024-12372Added · Updated
The Office of Foreign Assets Control published two determinations issued on April 12, 2024, under Executive Orders 14068 and 14071. The first determination prohibits the importation into the United States of aluminum, copper, and nickel of Russian Federation origin produced on or after April 13, 2024. The second determination prohibits the exportation or supply from the United States, or by U.S. persons, of warranting services for these metals on global exchanges and services to acquire them via physical derivative settlement to persons in the Russian Federation, also excluding products produced prior to April 13, 2024.
48324 Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Rules and Regulations or date-stamped on or before the 30th day after the date of delivery. (ii) Extensions of time for response. If a due date falls on a Federal holiday or weekend, that due date is extended to include the following business day. Any other extensions of time will be granted, at the discretion of OFAC, only upon specific request to OFAC. (3) Form and method of response. A response to an initial Finding of Violation need not be in any particular form, but it must be typewritten and signed by the alleged violator or a representative thereof (electronic signature is acceptable), contain information sufficient to indicate that it is in response to the initial Finding of Violation, and include the OFAC identification number listed on the initial Finding of Violation. The response must be sent to OFAC’s Enforcement Division by mail or courier or email and must be postmarked or date-stamped in accordance with paragraph (b)(2) of this section. (4) Information that should be included in response. Any response should set forth in detail why the alleged violator either believes that a violation of the regulations in this part did not occur and/or why a Finding of Violation is otherwise unwarranted under the circumstances, with reference to the General Factors Affecting Administrative Action set forth in the Guidelines contained in appendix A to part 501 of this chapter. The response should include all documentary or other evidence available to the alleged violator that supports the arguments set forth in the response. OFAC will consider all relevant materials submitted in the response. (c) Determination—(1) Determination that a Finding of Violation is warranted. If, after considering the response, OFAC determines that a final Finding of Violation should be issued, OFAC will issue a final Finding of Violation that will inform the violator of its decision. A final Finding of Violation shall constitute final agency action. The violator has the right to seek judicial review of that final agency action in Federal district court. (2) Determination that a Finding of Violation is not warranted. If, after considering the response, OFAC determines a Finding of Violation is not warranted, then OFAC will inform the alleged violator of its decision not to issue a final Finding of Violation. Note 1 to paragraph (c)(2). A determination by OFAC that a final Finding of Violation is not warranted does not preclude OFAC from pursuing other enforcement actions consistent with the Guidelines contained in appendix A to part 501 of this chapter. (d) Representation. A representative of the alleged violator may act on behalf of the alleged violator, but any oral communication with OFAC prior to a written submission regarding the specific alleged violations contained in the initial Finding of Violation must be preceded by a written letter of representation, unless the initial Finding of Violation was served upon the alleged violator in care of the representative. Subpart H—[Removed] ■ 42. Remove subpart H. Subpart I—[Removed] ■ 43. Remove subpart I. §§ 542.202, 542.203, 542.204, 542.301, 542.305, 542.403, 542.404, 542.408, 542.504, 542.505, 542.506, 542.509, 542.510, 542.512, 542.514, 542.515, 542.517, 542.518, 542.519, 542.521, 542.523, 542.524, 542.526, 542.527, 542.528, 542.529, and 542.530 [Amended] ■ 44. In addition to the amendments set forth above, in 31 CFR part 542, remove ‘‘§ 542.201(a)’’ and add in its place ‘‘§ 542.201’’ in the following sections: ■ a. Section 542.202; ■ b. Section 542.203; ■ c. Section 542.204; ■ d. Section 542.301; ■ e. Section 542.305; ■ f. Section 542.403; ■ g. Section 542.404; ■ h. Section 542.408; ■ i. Section 542.504; ■ j. Section 542.505; ■ k. Section 542.506; ■ l. Section 542.509; ■ m. Section 542.510; ■ n. Section 542.512; ■ o. Section 542.514; ■ p. Section 542.515; ■ q. Section 542.517; ■ r. Section 542.518; ■ s. Section 542.519; ■ t. Section 542.521; ■ u. Section 542.523; ■ v. Section 542.524; ■ w. Section 542.526; ■ x. Section 542.527; ■ y. Section 542.528; ■ z. Section 542.529; and ■ aa. Section 542.530. Bradley T. Smith, Director, Office of Foreign Assets Control. [FR Doc. 2024–12317 Filed 6–5–24; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 587 Publication of Russian Harmful Foreign Activities Sanctions Regulations Determinations AGENCY: Office of Foreign Assets Control, Treasury. ACTION: Publication of two determinations. SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing one determination issued pursuant to a March 11, 2022 Executive Order, as amended on December 22, 2023, and one determination issued pursuant to an April 6, 2022 Executive Order. The determinations were previously issued on OFAC’s website. DATES: The determination pursuant to Executive Order 14068, as amended, and the determination pursuant to Executive Order 14071 were issued on April 12, 2024. See SUPPLEMENTARY INFORMATION for additional relevant dates. FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for Licensing, 202–622–2480; Assistant Director for Regulatory Affairs, 202–622–4855; or Assistant Director for Compliance, 202– 622–2490. SUPPLEMENTARY INFORMATION: Electronic Availability This document and additional information concerning OFAC are available on OFAC’s website: https:// ofac.treasury.gov. Background On March 11, 2022, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), issued Executive Order (E.O.) 14068, ‘‘Prohibiting Certain Imports, Exports, and New Investment With Respect to Continued Russian Federation Aggression’’ (87 FR 14381, March 15, 2022). Among other prohibitions, E.O. 14068 section 1(a)(i) prohibits the importation into the United States of the following products of Russian Federation origin: fish, seafood, and preparations thereof; alcoholic beverages; non-industrial diamonds; and any other products of Russian Federation origin as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Commerce. VerDate Sep<11>2014 16:29 Jun 05, 2024 Jkt 262001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\06JNR1.SGM 06JNR1 lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 110 / Thursday, June 6, 2024 / Rules and Regulations 48325 On December 22, 2023, the President, invoking the authority of, inter alia, IEEPA, issued E.O. 14114, ‘‘Taking Additional Steps With Respect to the Russian Federation’s Harmful Activities’’ (88 FR 89271, December 26, 2023). Among other things, E.O. 14114 amends E.O.14068 by striking paragraph (a)(i) of section 1 and inserting, in lieu thereof, new language in subsections (a)(i)(A) through (D). Section 1(a)(i)(A) of E.O. 14068 as amended prohibits the importation and entry into the United States, including importation for admission into a foreign trade zone located in the United States, of the following products of Russian Federation origin: fish, seafood, and preparations thereof; alcoholic beverages; non-industrial diamonds; and any other products of Russian Federation origin, as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Commerce. On April 6, 2022, the President, invoking the authority of, inter alia, IEEPA, issued E.O. 14071 of April 6, 2022, ‘‘Prohibiting New Investment in and Certain Services to the Russian Federation in Response to Continued Russian Federation Aggression’’ (87 FR 20999, April 8, 2022). Among other prohibitions, section 1(a)(ii) of E.O. 14071 prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any category of services as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State, to any person located in the Russian Federation. Determination Pursuant to Section 1(a)(i)(A) of E.O. 14068 On April 12, 2024, pursuant to delegated authority, the Director of OFAC, in consultation with the Department of State and the Department of Commerce, issued ‘‘Determination Pursuant to Section 1(a)(i)(A) of Executive Order 14068,’’ which determined that the prohibitions in section 1(a)(i)(A) of E.O. 14068 as amended shall apply to aluminum, copper, and nickel of Russian Federation origin. Determination Pursuant to Section 1(a)(ii) of E.O. 14071 Also on April 12, 2024, pursuant to delegated authority, the Director of OFAC in consultation with the Department of State issued ‘‘Determination Pursuant to Sections 1(a)(ii) of Executive Order 14071,’’ which determined that the prohibitions in section 1(a)(ii) of E.O. 14071 shall apply to the following categories of services: warranting services for aluminum, copper, or nickel of Russian Federation origin on a global metal exchange; and services to acquire aluminum, copper, or nickel of Russian Federation origin as part of physical settlement of a derivative contract (collectively, ‘‘Covered Metals Acquisition Services’’). Each determination was made available on OFAC’s website (https:// ofac.treasury.gov) when it was issued. The text of these determinations is below. OFFICE OF FOREIGN ASSETS CONTROL Determination Pursuant to Section 1(a)(i)(A) of Executive Order 14068 Prohibitions Related to Imports of Aluminum, Copper, and Nickel of Russian Federation Origin Pursuant to sections 1(a)(i)(A), 1(b), and 5 of Executive Order (E.O.) 14068 of March 11, 2022 (‘‘Prohibiting Certain Imports, Exports, and New Investment With Respect to Continued Russian Federation Aggression’’), as amended by E.O. 14114 of December 22, 2023 (‘‘Taking Additional Steps With Respect to the Russian Federation’s Harmful Activities’’), and 31 CFR 587.802, and in consultation with the Department of State and the Department of Commerce, I hereby determine that the prohibitions in section 1(a)(i)(A) of E.O. 14068 shall apply to aluminum, copper, and nickel of Russian Federation origin. As a result, the importation and entry into the United States, including importation for admission into a foreign trade zone located in the United States, of aluminum, copper, and nickel of Russian Federation origin is prohibited, except to the extent provided by law, or unless licensed or otherwise authorized by the Office of Foreign Assets Control. This determination excludes aluminum, copper, and nickel of Russian Federation origin that was produced prior to April 13, 2024. Bradley T. Smith, Director, Office of Foreign Assets Control. April 12, 2024. OFFICE OF FOREIGN ASSETS CONTROL Determination Pursuant to Section 1(a)(ii) of Executive Order 14071 Prohibitions on Certain Services for the Acquisition of Aluminum, Copper, or Nickel of Russian Federation Origin Pursuant to sections 1(a)(ii), 1(b), and 5 of Executive Order (E.O.) 14071 of April 6, 2022 (‘‘Prohibiting New Investment in and Certain Services to the Russian Federation in Response to Continued Russian Federation Aggression’’) and 31 CFR 587.802, and in consultation with the Department of State, I hereby determine that the prohibitions in section 1(a)(ii) of E.O. 14071 shall apply to the following categories of services: warranting services for aluminum, copper, or nickel of Russian Federation origin on a global metal exchange; and services to acquire aluminum, copper, or nickel of Russian Federation origin as part of physical settlement of a derivative contract (collectively, ‘‘Covered Metals Acquisition Services’’). As a result, the following activities are prohibited, except to the extent provided by law, or unless licensed or otherwise authorized by the Office of Foreign Assets Control: The exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any of the Covered Metals Acquisition Services to any person located in the Russian Federation. This determination excludes Covered Metals Acquisition Services related to aluminum, copper, or nickel that was produced prior to April 13, 2024. Bradley T. Smith, Director, Office of Foreign Assets Control. April 12, 2024. Bradley T. Smith, Director, Office of Foreign Assets Control. [FR Doc. 2024–12372 Filed 6–5–24; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2024–0494] RIN 1625–AA00 Safety Zone; Gulf Intracoastal Waterway, Corpus Christi, TX AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Gulf Intracoastal Waterway, in the Corpus Christi Bay, TX, near mile marker 546. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a broken gas pipeline which is leaking methane, and to facilitate repairs. Entry of vessels or persons into this temporary safety zone is prohibited unless specifically authorized by the Captain of the Port, Sector Corpus Christi or a designated representative. DATES: This rule is effective without actual notice from June 6, 2024 through 11:59 p.m. on June 12, 2024. For the purposes of enforcement, actual notice will be used from May 29, 2024 until June 6, 2024. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Anthony VerDate Sep<11>2014 16:29 Jun 05, 2024 Jkt 262001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\06JNR1.SGM 06JNR1 lotter on DSK11XQN23PROD with RULES1