Publication of Russian Harmful Foreign Activities Sanctions Regulations Determinations
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Issuing agencies
Abstract
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing one determination issued pursuant to an April 15, 2021 Executive order, as amended on December 22, 2023. OFAC is also publishing one new and one amended determination issued pursuant to a March 11, 2022 Executive order, as amended on December 22, 2023. The determinations were previously issued on OFAC's website.
Full Text
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<title>Federal Register, Volume 89 Issue 186 (Wednesday, September 25, 2024)</title>
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[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78245-78247]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21798]
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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 determination issued pursuant to an
April 15, 2021 Executive order, as amended on December 22, 2023. OFAC
is also publishing one new and one amended determination issued
pursuant to a March 11, 2022 Executive order, as amended on December
22, 2023. The determinations were previously issued on OFAC's website.
DATES: The Determination Pursuant to Section 11(a)(ii) of Executive
Order 14024 took effect on December 22, 2023. 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 or
<a href="https://ofac.treasury.gov/contact-ofac">https://ofac.treasury.gov/contact-ofac</a>.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available on OFAC's website: <a href="https://ofac.treasury.gov">https://ofac.treasury.gov</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, ``Blocking
Property With Respect To Specified Harmful Foreign Activities of the
Government of the Russian Federation'' (86 FR 20249, April 19, 2022).
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. 14024 to
redesignate section 11 as section 12 and add a new section 11. Section
11(a) of E.O. 14024, as amended, provides that the Secretary of the
Treasury, in consultation with the Secretary of State, and with respect
to subsection (a)(ii) of this section, in consultation with the
Secretary of State and the Secretary of Commerce, is hereby authorized
to impose on a foreign financial institution the sanctions described in
subsection (b) of this section, upon determining that the foreign
financial institution has met the criteria in section 11(a)(i) or
section 11(a)(ii). Section 11(a)(ii) of E.O. 14024, as amended,
authorizes the imposition of sanctions on a foreign financial
institution that has conducted or facilitated any significant
transaction or transactions, or provided any service, involving
Russia's military-industrial base, including the sale, supply, or
transfer, directly or indirectly, to the Russian Federation of any item
or class of items as may be determined by the Secretary of the
Treasury, in consultation with the Secretary of State and the Secretary
of Commerce.
E.O. 14114 also amends E.O. 14068 by striking subsection (a)(i) of
section 1 of E.O. 14068 and inserting a new subsection (a)(i).
Subsection (a)(i)(A) of E.O. 14068, as amended, provides that 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 is prohibited.
Subsection (a)(i)(B) of E.O. 14068, as amended, provides that the
importation and entry into the United States, including importation for
admission into a foreign trade zone located in the United States, of
categories of any of the following products as may be determined by the
Secretary of the Treasury, in consultation with the Secretary of State,
the Secretary of Commerce, and the Secretary of Homeland Security, that
were mined, extracted, produced, or manufactured wholly or in part in
the Russian Federation, or harvested in waters under the jurisdiction
of the Russian Federation or by Russia-flagged vessels, notwithstanding
whether such products have been incorporated or substantially
transformed into other products outside of the Russian Federation:
fish, seafood, and preparations thereof; diamonds; and any other such
products as may be determined by the Secretary of the Treasury, in
consultation with the Secretary of State, the Secretary of Commerce,
and the Secretary of Homeland Security is prohibited.
On December 22, 2023, pursuant to delegated authority, the Director
of OFAC, in consultation with the Secretary of State and the Secretary
of Commerce, issued a determination identifying certain items or
classes of items pursuant to section 11(a)(ii) of E.O.14024, as amended
by E.O. 14114. Also on December 22, 2023, pursuant to delegated
authority, the Director of OFAC, in consultation with the Department of
State, the Department of Commerce, and the Department of Homeland
Security, issued a determination pursuant to sections 1(a)(i)(B), 1(b),
and 5 of E.O. 14068 to determine that the prohibitions in section
1(a)(i)(B) of E.O. 14068 shall apply to certain categories of fish,
seafood, and preparations thereof. Additionally, on December 22, 2023,
the Director of OFAC, in consultation with the Department of State and
the Department of Commerce, re-issued an amended determination pursuant
to sections 1(a)(i)(A), 1(b), and 5 of E.O. 14068 that had previously
determined that the prohibitions in section 1(a)(i) of E.O. 14068
applied to gold of Russian Federation origin. Each determination was
made available on OFAC's website (<a href="https://ofac.treasury.gov">https://ofac.treasury.gov</a>) when it
was issued. The text of these determinations is below.
OFFICE OF FOREIGN ASSETS CONTROL
Determination Pursuant to Section 11(a)(ii) of Executive Order 14024
Section 11(a)(ii) of Executive Order (E.O.) 14024 of April 15, 2021
(``Blocking Property With Respect To
[[Page 78246]]
Specified Harmful Foreign Activities of the Government of the Russian
Federation''), as amended by E.O. of December 22, 2023 (``Taking
Additional Steps With Respect to the Russian Federation's Harmful
Activities''), authorizes the Secretary of the Treasury, in
consultation with the Secretary of State and the Secretary of Commerce,
to impose sanctions on a foreign financial institution upon determining
that the foreign financial institution has conducted or facilitated any
significant transaction or transactions, or provided any service,
involving Russia's military-industrial base, including the sale,
supply, or transfer, directly or indirectly, to the Russian Federation,
of any item or class of items as may be determined by the Secretary of
the Treasury, in consultation with the Secretary of State and the
Secretary of Commerce.
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, as amended, and in consultation with the
Department of State and the Department of Commerce and pursuant to 31
CFR 587.802, I hereby determine that section 11(a)(ii) of E.O. 14024
shall apply to items or classes of items listed in the Annex to this
determination.
This determination shall take effect on December 22, 2023.
Bradley T. Smith,
Director, Office of Foreign Assets Control.
Dated: December 22, 2023.
Annex to Determination Regarding Certain Items or Class of Items of
December 22, 2023
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Items determined pursuant to
E.O. 14024, Sec. 11(a)(ii)
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Certain machine tools and manufacturing Numerically controlled (CNC)
equipment. machine tools.
Additive manufacturing (AM)
machine tools.
Semiconductor manufacturing
equipment.
Certain manufacturing materials for Silicon boules.
semiconductors and related electronics. Silicon wafers.
Photoresist materials.
Bare printed circuit boards
(PCBs).
Printed circuit board (PCB)
substrates.
Certain electronic test equipment...... Oscilloscopes.
Automated test equipment.
Data acquisition systems.
Signal generators.
Pulse generators.
Spectrum analyzers.
Certain propellants, chemical Nitrocellulose.
precursors for propellants and Smokeless powder.
explosives. Research Department eXplosive
(RDX, also known as Royal
Demolition eXplosive,
cyclonite, hexogen).
High Melting eXplosive (HMX,
also known as High-Molecular-
Weight RDX, octogen,
cyclotetramethylenetetranitram
ine).
Certain lubricants and lubricant Turbine oil.
additives. Turbine oil additives.
Certain bearings....................... High-precision ball and roller
bearings
Angular contact (spindle)
bearings
Certain advanced optical systems....... Thermal sights.
Thermal imaging arrays.
Infrared focal plane arrays.
Image intensifier tubes (IITs).
Certain navigation instruments......... Inertial navigation systems
(INS).
Inertial measurement units
(IMUs).
Fiber-optic gyroscopes (FOGs).
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OFFICE OF FOREIGN ASSETS CONTROL
Determination Pursuant to Section 1(a)(i)(B) of Executive Order 14068
Prohibitions Related to Imports of Certain Categories of Fish, Seafood,
and Preparations Thereof
Pursuant to section 1(a)(i)(B), 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. 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, the Department of Commerce, and the Department of
Homeland Security, I hereby determine that the prohibitions in section
1(a)(i)(B) of E.O. 14068 shall apply to the following categories of
fish, seafood, and preparations thereof, that were produced wholly or
in part in the Russian Federation, or harvested in waters under the
jurisdiction of the Russian Federation or by Russia-flagged vessels,
notwithstanding whether such fish, seafood, and preparations thereof
have been incorporated or substantially transformed into another
product outside of the Russian Federation: salmon, cod, pollock, and
crab. 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 such salmon, cod, pollock, or crab is
prohibited, except to the extent provided by law, or unless licensed or
otherwise authorized by the Office of Foreign Assets Control.
This determination shall take effect on December 22, 2023.
Bradley T. Smith,
Director, Office of Foreign Assets Control.
Dated: December 22, 2023.
[[Page 78247]]
OFFICE OF FOREIGN ASSETS CONTROL
Determination Pursuant to Section 1(a)(i)(A) of Executive Order 14068
Prohibitions Related to Imports of Gold of Russian Federation Origin
(as Amended) \1\
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\1\ A prior version of this determination prohibited the same
activities. This amended version of the determination reflects
technical, non-substantive changes in light of an amendment to
Executive Order 14068.
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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. of December 22, 2023 (``Taking
Additional Steps with Respect to the Russian Federation's Harmful
Activities''), and 31 CFR 587.802, the Director of the Office of
Foreign Assets Control, in consultation with the Department of State
and the Department of Commerce, hereby determines that the prohibitions
in section 1(a)(i)(A) of E.O. 14068 shall apply to gold of Russian
Federation origin. As a result, the importation into the United States
of gold 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 gold of Russian Federation origin that
was located outside of the Russian Federation prior to June 28, 2022.
This determination became effective upon June 28, 2022.
Bradley T. Smith,
Director, Office of Foreign Assets Control.
Dated: December 22, 2023.
Lisa M. Palluconi,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2024-21798 Filed 9-24-24; 8:45 am]
BILLING CODE 4810-AL-P
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