Rule2022-16538
Publication of Russian Harmful Foreign Activities Sanctions Regulations Web General Licenses 39, 40, 41, 42, and 43
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
August 3, 2022
Issuing agencies
Treasury DepartmentForeign Assets Control Office
Abstract
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing five general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GL 39, GL 40, GL 41, GL 42, and GL 43, each of which was previously issued on OFAC's website.
Full Text
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<title>Federal Register, Volume 87 Issue 148 (Wednesday, August 3, 2022)</title>
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[Federal Register Volume 87, Number 148 (Wednesday, August 3, 2022)]
[Rules and Regulations]
[Pages 47344-47347]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16538]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 587
Publication of Russian Harmful Foreign Activities Sanctions
Regulations Web General Licenses 39, 40, 41, 42, and 43
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Publication of web general licenses.
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SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is publishing five general licenses (GLs) issued
pursuant to the Russian Harmful Foreign Activities Sanctions
Regulations: GL 39, GL 40, GL 41, GL 42, and GL 43, each of which was
previously issued on OFAC's website.
DATES: GL 39, GL 40, GL 41, GL 42, and GL 43 were each issued on June
28, 2022. See SUPPLEMENTARY INFORMATION of this document 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 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.treas.gov/ofac">www.treas.gov/ofac</a>.
Background
On June 28, 2022, OFAC issued GL 39, GL 40, GL 41, GL 42, and GL 43
on its website to authorize certain transactions otherwise prohibited
by the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR
part 587. GL 39 expires at 12:01 a.m. eastern daylight time, August 11,
2022. GL 41 expires at 12:01 a.m. eastern standard time, December 22,
2022. GL 43 expires at 12:01 a.m. eastern daylight time, August 31,
2022. GL 40 and GL 42 do not contain expiration dates. The texts of GLs
39, 40, 41, 42, and 43 are provided below.
[[Page 47345]]
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 39
Authorizing the Wind Down of Transactions Involving State Corporation
Rostec
(a) Except as provided in paragraph (b) of this general license,
all transactions ordinarily incident and necessary to the wind down of
any transaction involving State Corporation Rostec, or any entity
blocked not earlier than June 28, 2022 in which State Corporation
Rostec owns, directly or indirectly, a 50 percent or greater interest,
that are prohibited by Executive Order (E.O.) 14024 are authorized
through 12:01 a.m. eastern daylight time, August 11, 2022, provided
that any payment to a blocked person must be made into a blocked
account in accordance with the Russian Harmful Foreign Activities
Sanctions Regulations, 31 CFR part 587 (RuHSR).
(b) This general license does not authorize:
(1) Any transactions prohibited by Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent or Payable-Through Accounts and
Processing of Transactions Involving Certain Foreign Financial
Institutions;
(2) Any transactions prohibited by Directive 4 under E.O. 14024,
Prohibitions Related to Transactions Involving the Central Bank of the
Russian Federation, the National Wealth Fund of the Russian Federation,
and the Ministry of Finance of the Russian Federation; or
(3) Any transactions otherwise prohibited by the RuHSR, including
transactions involving any person blocked pursuant to the RuHSR other
than the blocked persons described in paragraph (a) of this general
license, unless separately authorized.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 40
Civil Aviation Safety
(a) Except as provided in paragraph (b), all transactions
ordinarily incident and necessary to the provision, exportation, or
reexportation of goods, technology, or services to ensure the safety of
civil aviation involving one or more of the blocked entities listed in
the Annex to this general license and that are prohibited by Executive
Order (E.O.) 14024 are authorized, provided that:
(1) The aircraft is registered in a jurisdiction solely outside of
the Russian Federation; and
(2) The goods, technology, or services that are provided, exported,
or reexported are for use on aircraft operated solely for civil
aviation purposes.
(b) This general license does not authorize:
(1) Any transactions prohibited by Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent or Payable-Through Accounts and
Processing of Transactions Involving Certain Foreign Financial
Institutions;
(2) Any transactions prohibited by Directive 4 under E.O. 14024,
Prohibitions Related to Transactions Involving the Central Bank of the
Russian Federation, the National Wealth Fund of the Russian Federation,
and the Ministry of Finance of the Russian Federation; or
(3) Any transactions otherwise prohibited by the Russian Harmful
Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any person blocked pursuant to the
RuHSR other than the blocked entities listed in the Annex to this
general license, unless separately authorized.
Note to General License 40. Nothing in this general license
relieves any person from compliance with any other Federal laws or
requirements of other Federal agencies, including export, reexport,
and transfer (in-country) licensing requirements maintained by the
Department of Commerce's Bureau of Industry and Security under the
Export Administration Regulations, 15 CFR parts 730-774.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
Annex--Blocked Entities Described in Paragraph (a) of General License
40
List of blocked entities described in paragraph (a) of General
License 40:
(a) Public Joint Stock Company United Aircraft Corporation;
(b) Irkut Corporation Joint Stock Company;
(c) Energotsentr Irkut;
(d) Irkut-Avtotrans;
(e) Irkut-Remstroi;
(f) Irkut-Stanko Service;
(g) Rapart Servisez;
(h) Sportivno-Ozdorovitelnyi Tsentr Irkut-Zenit;
(i) Tipografiya Irkut;
(j) Joint Stock Company Ilyushin Finance Company;
(k) Open Joint Stock Company Ilyushin Aviation Complex;
(l) Public Joint Stock Company Taganrog Aviation Scientific-
Technical Complex N.A. G.M. Beriev;
(m) Joint Stock Company Flight Research Institute N.A. M.M. Gromov;
(n) Tupolev Public Joint Stock Company;
(o) Limited Liability Company Kapo-Avtotrans;
(p) Limited Liability Company Kapo-Zhilbitservis;
(q) Limited Liability Company Networking Company Irkut; or
(r) Any entity in which one or more of the above persons own,
directly or indirectly, individually or in the aggregate, a 50 percent
or greater interest.
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 41
Authorizing Certain Transactions Related to Agricultural Equipment
(a) Except as provided in paragraph (b) of this general license,
all transactions ordinarily incident and necessary to the manufacture,
sale, and maintenance, including the provision and receipt of warranty
and maintenance services, of agricultural equipment, components, and
spare parts produced by Nefaz Publicly Traded Company (``Nefaz'') or
Public Joint Stock Company Tutaev Motor Plant (``Tutaev Motor Plant''),
or any entity in which Nefaz or Tutaev Motor Plant owns, directly or
indirectly, individually or in the aggregate, a 50 percent or greater
interest, that are prohibited by the Russian Harmful Foreign Activities
Sanctions Regulations, 31 CFR part 587 (RuHSR), are authorized through
12:01 a.m. eastern standard time, December 22, 2022, provided that any
payment to a blocked person must be made into a blocked account in
accordance with the RuHSR.
(b) This general license does not authorize:
(1) The opening or maintaining of a correspondent account or
payable-through account for or on behalf of any entity subject to
Directive 2 under Executive Order (E.O.) 14024, Prohibitions Related to
Correspondent or Payable-Through Accounts and Processing of
Transactions Involving Certain Foreign Financial Institutions;
[[Page 47346]]
(2) Any debit to an account on the books of a U.S. financial
institution of the Central Bank of the Russian Federation, the National
Wealth Fund of the Russian Federation, or the Ministry of Finance of
the Russian Federation; or
(3) Any transaction prohibited by E.O. 14066, E.O. 14068, or E.O.
14071.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 42
Authorizing Certain Transactions With the Federal Security Service
(a) Except as provided in paragraph (b) of this general license,
all transactions involving the Federal Security Service (a.k.a.
Federalnaya Sluzhba Bezopasnosti) (a.k.a. FSB) prohibited by Executive
Order (E.O.) 14024 are authorized, provided that such transactions and
activities are ordinarily incident and necessary to:
(1) Requesting, receiving, utilizing, paying for, or dealing in
licenses, permits, certifications, or notifications issued or
registered by the Federal Security Service for the importation,
distribution, or use of information technology products in the Russian
Federation, provided that (i) the exportation, reexportation, or
provision of any goods or technology that are subject to the Export
Administration Regulations, 15 CFR parts 730 through 774, is licensed
or otherwise authorized by the Department of Commerce; and (ii) the
payment of any fees to the Federal Security Service for such licenses,
permits, certifications, or notifications does not exceed $5,000 in any
calendar year;
Note to paragraph (a)(1). Except for the limited purposes
described in paragraph (a)(1), this paragraph does not authorize the
exportation, reexportation, or provision of goods or technology to
or on behalf of the Federal Security Service.
(2) Complying with law enforcement or administrative actions or
investigations involving the Federal Security Service; and
(3) Complying with rules and regulations administered by the
Federal Security Service.
(b) This general license does not authorize:
(1) Any transactions prohibited by Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent or Payable-Through Accounts and
Processing of Transactions Involving Certain Foreign Financial
Institutions;
(2) Any transactions prohibited by Directive 4 under E.O. 14024,
Prohibitions Related to Transactions Involving the Central Bank of the
Russian Federation, the National Wealth Fund of the Russian Federation,
and the Ministry of Finance of the Russian Federation; or
(3) Any transactions otherwise prohibited by the Russian Harmful
Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR),
including transactions involving any person blocked pursuant to the
RuHSR other than the blocked person described in paragraph (a) of this
general license, unless separately authorized.
Note 1 to General License No. 42. See Cyber General License 1B
for an authorization for certain transactions with the Federal
Security Service prohibited by E.O. 13694, as amended by E.O. 13757,
the Cyber-Related Sanctions Regulations, 31 CFR part 578, the
Weapons of Mass Destruction Proliferators Sanctions Regulations, 31
CFR part 544, and Section 224 of the Countering America's
Adversaries Through Sanctions Act (22 U.S.C. 9524).
Note 2 to General License No. 42. The exportation,
reexportation, sale, or supply, directly or indirectly, from the
United States, or by a United States person, wherever located, of
any goods, services, or technology to the so-called ``Donetsk
People's Republic'' or ``Luhansk People's Republic'' (DNR/LNR)
regions of Ukraine, or such other regions of Ukraine as may be
determined by the Secretary of the Treasury, in consultation with
the Secretary of State, pursuant to E.O. 14065, or to the Crimea
region of Ukraine remain prohibited pursuant to authorities
implemented by the Ukraine-/Russia-Related Sanctions Regulations, 31
CFR part 589.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
OFFICE OF FOREIGN ASSETS CONTROL
Russian Harmful Foreign Activities Sanctions Regulations
31 CFR Part 587
GENERAL LICENSE NO. 43
Divestment or Transfer of Debt or Equity of, and Wind Down of
Derivative Contracts Involving, Public Joint Stock Company Severstal or
Nord Gold PLC
(a) Except as provided in paragraphs (c) and (d) of this general
license, all transactions prohibited by Executive Order (E.O.) 14024
that are ordinarily incident and necessary to the divestment or
transfer of debt or equity of Public Joint Stock Company Severstal
(``Severstal'') or Nord Gold PLC (``Nord Gold''), or any entity in
which Severstal or Nord Gold owns, directly or indirectly, individually
or in the aggregate, a 50 percent or greater interest, purchased prior
to June 2, 2022 (``covered debt or equity'') are authorized through
12:01 a.m. eastern daylight time, August 31, 2022, provided that any
divestment or transfer, or facilitation of divestment or transfer, of
covered debt or equity must be to a non-U.S. person.
(b) Except as provided in paragraph (d) of this general license,
all transactions prohibited by E.O. 14024 that are ordinarily incident
and necessary to the wind down of derivative contracts entered into
prior to June 2, 2022 that (i) include a blocked person described in
paragraph (a) of this general license as a counterparty or (ii) are
linked to covered debt or equity are authorized through 12:01 a.m.
eastern daylight time, August 31, 2022, provided that any payments to a
blocked person are made into a blocked account in accordance with the
Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part
587 (RuHSR).
(c) Paragraph (a) of this general license does not authorize:
(1) U.S. persons to sell, or to facilitate the sale of, covered
debt or equity to, directly or indirectly, any person whose property
and interests in property are blocked; or
(2) U.S. persons to purchase or invest in, or to facilitate the
purchase of or investment in, directly or indirectly, covered debt or
equity, other than purchases of or investments in covered debt or
equity that are ordinarily incident and necessary to the divestment or
transfer of covered debt or equity, as described in paragraph (a) of
this general license.
(d) This general license does not authorize:
(1) Any transactions prohibited by Directive 2 under E.O. 14024,
Prohibitions Related to Correspondent or Payable-Through Accounts and
Processing of Transactions Involving Certain Foreign Financial
Institutions;
(2) Any transactions prohibited by Directive 4 under E.O. 14024,
Prohibitions Related to Transactions Involving the Central Bank of the
Russian Federation, the National Wealth Fund of the Russian Federation,
and the Ministry of Finance of the Russian Federation; or
(3) Any transactions otherwise prohibited by the RuHSR, including
transactions involving any person blocked pursuant to the RuHSR other
than the persons described in paragraph (a) of this general license,
unless separately authorized.
[[Page 47347]]
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
Dated: June 28, 2022.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022-16538 Filed 8-2-22; 8:45 am]
BILLING CODE 4810-AL-P
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</html>Indexed from Federal Register on August 3, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.