Recent OFAC Actions
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The
Office of Foreign Assets Control has issued a series of General
Licenses amending the Iraqi Sanctions Regulations, 31 C.F.R.
Part 575. In addition, the President has issued an Executive
Order terminating the emergency with respect to the actions
and policies of UNITA. The text of the General Licenses and
of the Executive Order follows:
"IRAQI SANCTIONS REGULATIONS - GENERAL LICENSE (#1)
(Granted under the authority of Section 203 of the International
Emergency Economic Powers Act (50 U.S.C. Section 1702), Section
5 of the United Nations Participation Act (22 U.S.C. Section
287c), Executive Order No. 12722 of August 2, 1990, Executive
Order No. 12724 of August 9, 1990, and Parts 501 and 575 of
Title 31 of the Code of Federal Regulations.)
Section 575.529 Non-commercial funds transfers and related
transactions.
(a) U.S. persons are authorized to transfer funds to any
person in Iraq for non-commercial humanitarian purposes, including
family remittances, provided that no U.S. person may transfer
more than $500 per month to any person in Iraq.
(b) U.S. financial institutions are authorized to engage
in all transactions ordinarily incident to the transfer of
funds authorized by paragraph (a), including the opening of
new correspondent accounts for funds transfers with Iraqi
financial institutions. U.S. financial institutions may rely
on originators of funds transfers with regard to compliance
with 31 CFR part 575.
(c) This section does not authorize transfers from blocked
accounts."
____
"IRAQI SANCTIONS REGULATIONS - GENERAL LICENSE (#2)
(Granted under the authority of Section 203 of the International
Emergency Economic Powers Act (50 U.S.C. Section 1702), Section
5 of the United Nations Participation Act (22 U.S.C. Section
287c), Executive Order No. 12722 of August 2, 1990, Executive
Order No. 12724 of August 9, 1990, and Parts 501 and 575 of
Title 31 of the Code of Federal Regulations.)
Section 575.530 Activities by the U.S. Government and its
contractors or grantees.
(a) Subject to the provisions of paragraph (b), U.S. government
agencies and their contractors or grantees are authorized
to engage in all transactions otherwise prohibited by subpart
B of 31 CFR part 575 that are within the scope of their official
duties or the relevant U.S. government contracts or grants.
(b) (1) The exportation from the United States or, if subject
to U.S. jurisdiction, the exportation or reexportation from
a third country to Iraq of any goods or technology (including
technical data or other information) controlled by the Department
of Commerce under the Export Administration Regulations (15
CFR chapter VII, subchapter C) for exportation to Iraq must
be separately authorized by or pursuant to 31 CFR part 575.
(2) If the contracting or granting U.S. government agency
has determined that the relevant contract or grant is not
in support of U.S. government humanitarian assistance or reconstruction
efforts in Iraq, or not in support of U.S. or allied forces
deployed in military contingency, humanitarian, or peacekeeping
operations in Iraq, then the exportation or reexportation
of any goods to Iraq must be submitted to the 661 Committee
to the extent and in the manner required under applicable
UN Security Council resolutions. If this subparagraph applies
to a proposed exportation or reexportation, the exporter or
reexporter should contact the Office of Peacekeeping and Humanitarian
Operations, Room 5323, U.S. Department of State, 2201 C Street
NW, Washington, DC 20520 (tel 202/647-2708, fax 202/647-3261)
for procedures concerning submissions to the 661 Committee.
(c) All payments and funds transfers initiated pursuant
to this authorization, and all related documentation, must
reference this section number.
Note 1 to Section 575.530: This authorization, and the restrictions
on certain exportations or reexportations, extend to the activities
of any subcontractors or other persons who are engaged to
perform activities within the scope of the relevant contract
or grant. See 31 CFR Section 575.418.
Note 2 to Section 575.530: U.S. citizens who wish to travel
to Iraq pursuant to this authorization may be required to
apply to the Department of State to have their passports validated
for travel to Iraq, pursuant to 22 CFR 51.73 and 51.74 and
public notices issued thereunder, including Public Notice
4283, 68 Fed. Reg. 8791 (February 25, 2003), as amended by
Public Notice 4337, 68 Fed. Reg. 18722 (Apr. 16, 2003), and
any subsequent public notices regarding the restriction on
the use of U.S. passports for travel to, in or through Iraq.
Such applications, if required, should be submitted to the
Deputy Assistant Secretary for Passport Services, ATTN: Office
of Passport Policy and Advisory Services, U.S. Department
of State, 2401 E Street, NW, Washington, DC 20522-0907. Such
applications must include the applicant's name, date and place
of birth, dates of proposed travel, and purpose of the trip.
This general license does not in any way create a presumption
in favor of passport validation."
____
"IRAQI SANCTIONS REGULATIONS - GENERAL LICENSE (#3)
(Granted under the authority of Section 203 of the International
Emergency Economic Powers Act (50 U.S.C. Section 1702), Section
5 of the United Nations Participation Act (22 U.S.C. Section
287c), Executive Order No. 12722 of August 2, 1990, Executive
Order No. 12724 of August 9, 1990, and Parts 501 and 575 of
Title 31 of the Code of Federal Regulations.)
Section 575.531 Authorization of privately financed humanitarian
transactions.
(a) Subject to the conditions and limitations set forth
in paragraphs (b)-(e) of this section, all transactions otherwise
prohibited by subpart B of 31 CFR part 575 that are necessary
to provide privately financed humanitarian support, or to
plan or prepare for the provision of humanitarian support,
to the Iraqi people in Iraq are authorized. Transactions authorized
by this section include, but are not limited to, the exportation
to Iraq of goods and services necessary for the provision
of humanitarian support, the financing of such humanitarian
support, travel-related transactions necessary to provide
humanitarian support, and related funds transfers by U.S.
financial institutions.
Note to paragraph (a): The term humanitarian support means,
as this term has been defined by the Department of State for
relevant United Nations Security Council Resolutions on Iraq,
humanitarian relief, educational, cultural, recreational,
and human rights-related activities, and activities to ameliorate
the effects of or to investigate war crimes. Such purposes
may include preparatory activities and transactions. See 31
CFR Section 575.330.
(b) The exportation from the United States or, if subject
to U.S. jurisdiction, the exportation or reexportation from
a third country to Iraq of any goods or technology (including
technical data or other information) controlled by the Department
of Commerce under the Export Administration Regulations (15
CFR chapter VII, subchapter C) for exportation to Iraq or
listed on the United Nations Goods Review List must be separately
authorized by or pursuant to 31 CFR part 575.
(c) Any exportation or reexportation of goods to Iraq pursuant
to this authorization must be submitted to the United Nations
661 Committee to the extent, and in the manner, required under
applicable UN Security Council resolutions. For procedures
concerning submissions to the 661 Committee, the exporter
or reexporter should contact the Office of Peacekeeping and
Humanitarian Operations, Room 5323, U.S. Department of State,
2201 C Street NW, Washington, DC 20520 (tel 202/647-2708,
fax 202/647-3261).
(d) This section does not authorize any transactions with
persons on the Department of Defense's 55-person Watch List.
(e) All payments and funds transfers initiated pursuant
to this authorization, and all related documentation, must
reference this section number.
Note to Section 575.531: U.S. citizens who wish to travel
to Iraq pursuant to this authorization may be required to
apply to the Department of State to have their passports validated
for travel to Iraq, pursuant to 22 CFR 51.73 and 51.74 and
public notices issued thereunder, including Public Notice
4283, 68 Fed. Reg. 8791 (February 25, 2003), as amended by
Public Notice 4337, 68 Fed. Reg. 18722 (Apr. 16, 2003), and
any subsequent public notices regarding the restriction on
the use of U.S. passports for travel to, in or through Iraq.
Such applications, if required, should be submitted to the
Deputy Assistant Secretary for Passport Services, ATTN: Office
of Passport Policy and Advisory Services, U.S. Department
of State, 2401 E Street, NW, Washington, DC 20522-0907. Such
applications must include the applicant's name, date and place
of birth, dates of proposed travel, and purpose of the trip.
This general license does not in any way create a presumption
in favor of passport validation."
____
"IRAQI SANCTIONS REGULATIONS - GENERAL LICENSE (#4)
(Granted under the authority of Section 203 of the International
Emergency Economic Powers Act (50 U.S.C. Section 1702), Section
5 of the United Nations Participation Act (22 U.S.C. Section
287c), Executive Order No. 12722 of August 2, 1990, Executive
Order No. 12724 of August 9, 1990, and Parts 501 and 575 of
Title 31 of the Code of Federal Regulations.)
Section 575.532 Certain exports and reexports to Iraq.
The exportation from the United States or, if subject to
U.S. jurisdiction, the exportation or reexportation from a
third country to Iraq of any goods is authorized, provided
that (a) the exportation or reexportation of any goods or
technology (including technical data or other information)
controlled by the Department of Commerce under the Export
Administration Regulations (15 CFR chapter VII, subchapter
C) for exportation to Iraq, or listed on the United Nations
Goods Review List, must be separately authorized by or pursuant
to 31 CFR part 575, and (b) any exportation or reexportation
to Iraq must be submitted to the 661 Committee to the extent
and in the manner required under applicable UN Security Council
resolutions. For procedures concerning submissions to the
661 Committee, the exporter or reexporter should contact the
Office of Peacekeeping and Humanitarian Operations, Room 5323,
U.S. Department of State, 2201 C Street NW, Washington, DC
20520 (tel 202/647-2708, fax 202/647-3261)."
"All issued by direction and on behalf of the Secretary
of the Treasury:
OFFICE OF FOREIGN ASSETS CONTROL
By R. Richard Newcomb
Director
May 7, 2003"
_________
EXECUTIVE ORDER:
"Executive Order Termination of Emergency with Respect
to the Actions and Policies of Unita and Revocation of Related
Executive Orders
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), the National Emergencies Act (50 U.S.C. 1601 et
seq.) (NEA), section 5 of the United Nations Participation
Act of 1945, as amended (22 U.S.C. 287c), and section 301
of title 3, United States Code, and in view of United Nations
Security Council Resolution 1448 of December 9, 2002,
I, GEORGE W. BUSH, President of the United States of America,
find that the situation that gave rise to the declaration
of a national emergency in Executive Order 12865 of September
26, 1993, with respect to the actions and policies of the
National Union for the Total Independence of Angola (UNITA),
and that led to the steps taken in that order and in Executive
Order 13069 of December 12, 1997, and Executive Order 13098
of August 18, 1998, has been significantly altered by the
recent and continuing steps toward peace taken by the Government
of Angola and UNITA. Accordingly, I hereby terminate the national
emergency declared in Executive Order 12865, revoke Executive
Orders 12865, 13069, and 13098, and order:
Section 1. Pursuant to section 202 of the NEA (50 U.S.C.
1622), termination of the national emergency with respect
to the actions and policies of UNITA shall not affect any
action taken or proceeding pending, not finally concluded
or determined as of the effective date of this order, or any
action or proceeding based on any act committed prior to the
effective date of this order, or any rights or duties that
matured or penalties that were incurred prior to the effective
date of this order.
Sec. 2. This order in not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable
at law or in equity by any party against the United States,
or its departments, agencies, entities, officers, employees,
or agents.
Sec. 3. (a) This order is effective 12:01 a.m. eastern daylight
time on May 7, 2003.
(b) This order shall be transmitted to the Congress and published
in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
May 6, 2003."
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