Rule2022-22162
Publication of Russian Harmful Foreign Activities Sanctions Regulations Determinations
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
October 13, 2022
Effective
October 15, 2022
Issuing agencies
Treasury DepartmentForeign Assets Control Office
Abstract
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing one sectoral determination issued pursuant to an April 15, 2021 Executive order, as well as a category of services determination issued pursuant to an April 6, 2022 Executive order. Each determination was previously issued on OFAC's website.
Full Text
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<title>Federal Register, Volume 87 Issue 197 (Thursday, October 13, 2022)</title>
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[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 62006-62007]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22162]
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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 Determinations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Publication of determinations.
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SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is publishing one sectoral determination issued pursuant
to an April 15, 2021 Executive order, as well as a category of services
determination issued pursuant to an April 6, 2022 Executive order. Each
determination was previously issued on OFAC's website.
DATES: The Determination Pursuant to Section (1)(a)(i) of Executive
Order 14024 was issued on September 15, 2022. The Determination
Pursuant to Section 1(a)(ii) of Executive Order 14071 was issued on
September 15, 2022 and takes effect on October 15, 2022.
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 April 15, 2021, 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.) 14024 (86 FR 20249,
April 19, 2022). Among other prohibitions, section 1(a) of E.O. 14024
blocks, with certain exceptions, all property and interests in property
that are in the United States, that come within the United States, or
that are or come within the possession or control of any U.S. person
of, any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State: (i) to operate or have
operated in the technology sector or the defense and related materiel
sector of the Russian Federation economy, or any other sector of the
Russian Federation economy as may be determined by the Secretary of the
Treasury, in consultation with the Secretary of State.
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.
On September 15, 2022, pursuant to delegated authority, the
Director of OFAC, in consultation with the Department of State, issued
a sectoral determination pursuant to E.O. 14024. This determination
took effect upon publication on OFAC's website, which occurred on
September 15, 2022. Also on September 15, 2022, pursuant to delegated
authority, the Director of OFAC, in consultation with the Department of
State, issued a category of services determination pursuant to E.O.
14071. This determination takes effect at 12:01 a.m. eastern daylight
time on October 15, 2022.
The texts of the September 15, 2022 sectoral determination pursuant
to E.O. 14024, and the September 15, 2022 category of services
determination pursuant to E.O. 14071, are below.
OFFICE OF FOREIGN ASSETS CONTROL
Determination Pursuant to Section 1(a)(i) of Executive Order 14024
Section 1(a) of Executive Order (E.O.) 14024 of April 15, 2021
(``Blocking Property With Respect To Specified Harmful Foreign
Activities of the Government of the Russian Federation'') imposes
economic sanctions on any person determined by the Secretary of the
Treasury, in consultation with the Secretary of State, or the Secretary
of State, in consultation with the Secretary of the Treasury, to
operate or have operated in such sectors of the Russian Federation
economy as may be determined, pursuant to section 1(a)(i) of E.O.
14024, by the Secretary of the Treasury, in consultation with the
Secretary of State.
To further address the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
described in E.O. 14024, and in consultation with the
[[Page 62007]]
Department of State and pursuant to 31 CFR 587.802, I hereby determine
that section 1(a)(i) shall apply to the quantum computing sector of the
Russian Federation economy. Any person that the Secretary of the
Treasury or the Secretary of the Treasury's designee, in consultation
with the Secretary of State or the Secretary of State's designee, or
the Secretary of State or the Secretary of State's designee, in
consultation with the Secretary of the Treasury or the Secretary of the
Treasury's designee, subsequently determines operates or has operated
in this sector shall be subject to sanctions pursuant to section
1(a)(i).
This determination shall take effect upon publication by the Office
of Foreign Assets Control on the Department of the Treasury's website.
Andrea M. Gacki,
Director, Office of Foreign Assets Control
OFFICE OF FOREIGN ASSETS CONTROL
Determination Pursuant to Section 1(a)(ii) of Executive Order 14071
Prohibitions Related to Certain Quantum Computing Services
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, the Director of
the Office of Foreign Assets Control, in consultation with the
Department of State, hereby determines that the prohibitions in section
1(a)(ii) of E.O. 14071 shall apply to quantum computing 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 quantum computing services to any person located
in the Russian Federation.
This determination excludes the following:
(1) any service to an entity located in the Russian Federation that
is owned or controlled, directly or indirectly, by a United States
person;
(2) any service in connection with the wind down or divestiture of
an entity located in the Russian Federation that is not owned or
controlled, directly or indirectly, by a Russian person.
This determination shall take effect beginning at 12:01 a.m.
eastern daylight time on October 15, 2022.
Andrea M. Gacki,
Director, Office of Foreign Assets Control
September 15, 2022
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022-22162 Filed 10-12-22; 8:45 am]
BILLING CODE 4810-AL-P
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