Rule2021-14337
International Criminal Court-Related Sanctions Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2021
Effective
July 6, 2021
Issuing agencies
Treasury DepartmentForeign Assets Control Office
Abstract
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is removing from the Code of Federal Regulations the International Criminal Court-Related Sanctions Regulations as a result of the termination of the national emergency on which the regulations were based.
Full Text
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<title>Federal Register, Volume 86 Issue 126 (Tuesday, July 6, 2021)</title>
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[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Rules and Regulations]
[Page 35399]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14337]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 520
International Criminal Court-Related 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
International Criminal Court-Related Sanctions Regulations as a result
of the termination of the national emergency on which the regulations
were based.
DATES: This rule is effective July 6, 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: <a href="http://www.treasury.gov/ofac">www.treasury.gov/ofac</a>.
Background
On June 11, 2020, the President, invoking the authority of, inter
alia, the International Emergency Economic Powers Act (50 U.S.C. 1701-
1706) (IEEPA), issued Executive Order (E.O.) 13928 (85 FR 36139, June
15, 2020), ``Blocking Property of Certain Persons Associated With the
International Criminal Court.'' In E.O. 13928, the President found that
the International Criminal Court's (ICC) assertions of jurisdiction
over personnel of the United States and certain of its allies
threatened to subject current and former United States Government and
allied officials to harassment, abuse, and possible arrest, and that
these actions on the part of the ICC, in turn, threatened to infringe
upon the sovereignty of the United States. The President therefore
determined that any attempt by the ICC to investigate, arrest, detain,
or prosecute any United States personnel without the consent of the
United States, or of personnel of countries that are United States
allies and who are not parties to the Rome Statute or have not
otherwise consented to ICC jurisdiction, 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.
On October 1, 2020, OFAC issued the International Criminal Court-
Related Sanctions Regulations, 31 CFR part 520 (85 FR 61816, October 1,
2020) (the ``Regulations''), as a final rule to implement E.O. 13928.
The Regulations were issued in abbreviated form for the purpose of
providing immediate guidance to the public.
On April 1, 2021, the President issued E.O. 14022, ``Termination of
Emergency With Respect to the International Criminal Court'' (86 FR
17895, April 7, 2021). In E.O. 14022, the President found that,
although the United States continues to object to the ICC's assertions
of jurisdiction over personnel of such non-States Parties as the United
States and its allies absent their consent or referral by the United
Nations Security Council, the threat and imposition of financial
sanctions against the ICC, its personnel, and those who assist it are
not an effective or appropriate strategy for addressing the United
States' concerns with the ICC. Accordingly, the President terminated
the national emergency declared in E.O. 13928 and revoked that order.
As a result, OFAC is removing the Regulations from the Code of
Federal Regulations. Pursuant to section 202(a) of the National
Emergencies Act (50 U.S.C. 1622(a)) and section 2 of E.O. 14022,
termination of the national emergency declared in E.O. 13928 shall not
affect any action taken or proceeding pending not finally concluded or
determined as of April 1, 2021 (the date of E.O. 14022), any action or
proceeding based on any act committed prior to the date of E.O. 14022,
or any rights or duties that matured or penalties that were incurred
prior to the date of E.O. 14022.
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 Paperwork Reduction Act does not apply because this rule does
not impose information collection requirements that would require the
approval of the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
List of Subjects in 31 CFR Part 520
Administrative practice and procedure, Banks, Banking, Blocking of
assets, International criminal court, Penalties, Reporting and
recordkeeping requirements, Sanctions.
PART 520--[REMOVED]
0
For the reasons set forth in the preamble, and pursuant to 50 U.S.C.
1601-1651 and E.O. 14022 (86 FR 17895, April 7, 2021), OFAC amends 31
CFR chapter V by removing part 520.
Dated: June 30, 2021.
Bradley T. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2021-14337 Filed 7-2-21; 8:45 am]
BILLING CODE 4810-AL-P
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