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FEDERAL RESERVE BANK OF NEW YORK Fiscal Agent of the United States [ Circular No. 10482 1 October 4, 1991 IRAQI SANCTIONS REGULATIONS Changes in List of Specially Designated Nationals To All Depository Institutions, and Others Concerned, in the Second Federal Reserve District: The Office of Foreign Assets Control of the Department of the Treasury (FAC) has requested that we notify you of (a) the removal of Arab Trans Trade Co., S.A.E. and Unimas Shipping from the list of Specially Designated Nationals of Iraq, and (b) the granting of a license to permit trans actions by United States persons with Geodesigns, England, in contemplation of its removal from the SDN list. Printed on the following pages is the FAC notice on this matter, and an excerpt from the Federal Register of September 24, 1991 on the removals from the SDN list. Questions on this matter may be directed to the persons specified in the FAC notice, or, at this Bank, to Bradley K. Sabel, Counsel (Tel. No. 212-720-5041). E. G erald C o r r ig a n , President. rfA W IW O T W n SEP 2 61391 FAC Ho. 124X26 MEMORANDUM FOR ALL FEDERAL RESERVE BANK PRESIDENTS AND BRANCH BANK M A N ----FROM: R, RICHARD NBWCOM] DIRECTOR OFFICE OF FOREIGN ASSETS CONTROL SUBJECT! Iraqi Sanctions! Removal of Names from the List of Specially Designated Nationals of Iraq This is a request for immediate action. All Federal Reserve Banks, including branches a nd other offices, are requested to notify all United States financial institutions, including hut not limited to depository institutions, Edge and Agreement Corporations, and U.8. branches and agencies of foreign banks, in their districts of the following actions taken by the Office of Foreign Assets Control ("FAC") concerning specially designated nationals of Iraq and to instruct t h e m that accounts in which those entities have an interest aire no longer blocked and that transaction# concerning such accounts are permitted. Two organizations have been removed from the list of specially designated nationals of Iraqi (“Iraqi SUN list” ) published at 56 FR 13584 (April 3, 1991) and, therefore, are no longer subject to blocking and to the prohibitions on transactions wi t h United States persons that would apply to individuals and organizations determined to be within the term “Government of .I r aq.” Notice of their removal is contained in 56 FR 48104 (September 24, 1991) • They are: Arab Trans Trade Co., 36 Rouohdy, Alexandria 481 683, Egypt unimas Shipping, Alexandria, Egypt 183 El Gehsh Kafr Road, Abdou P*o, Street Box 44 In addition, in contemplation of its r<smoval from the Iraqi SDN list, the business, Geodesigns, England, United Kingdom, has been licensed b y FAG to permit transactions with it by United states persons. -a WARNING: Neither removal from the list of specially deeignated nationals of Iraq nor licensing b y the Office of Foreign Assets Control authorizes any person to engage in activities that would otherwise be prohibited by the Iraqi Sanctions Regulations, 31 C . r rSU Fart 575. If you have any questions concerning this memorandum, please contact either J. Robert McBrien, chief, International Programs, or Donald Bridges at 202-566-5021 (FAX 202-377-7222). For your information, a copy of the referenced ££d££$UL Register notice (56 F R 48104) is attached. Attachment (OVER) 48104 FederalRegister / Vol. 56, No. 185 / T u esd ay , S ep tem b er 24, 1991 / R ules a n d R egulations DEPARTMENT OF TH E TREASURY Office of Foreign Assets Control 31 CFR Part 575 Iraqi Sanctions Regulations AGENCY: Office of Foreign Assets Control, Department of the Treasury. ACTION: Final rule; amendments to the list of specially designated nationals of the Government of Iraq. SUMMARY: The Iraqi Sanctions Regulations, 31 CFR part 575 (56 FR 2112, Jan. 18,1991—the “Regulations”), are being amended to remove two names from appendix A, the list of Individuals and Organizations determined to be within the term “Government of Iraq” (Specially Designated Nationals of Iraq). Appendix A contains the names of companies and individuals which the Director of the Office of Foreign Assets Control has determined are owned or controlled by or acting or purporting to act directly or indirectly for the Government of Iraq. The list may be expanded or amended at any time. EFFECTIVE DATE: September 24,1991. ADDRESSES: Copies of this list are available upon request at the following location: Office of Foreign Assets Control, U.S. Department of the Treasury, Annex, 1500 Pennsylvania Avenue, NW„ W ashington DC 20220. FOR FURTHER INFORMATION CONTACT: Richard J. Hollas, Chief, Enforcement Section, Office of Foreign Assets Control, Tel.: (202) 566-5021. SUPPLEMENTARY INFORMATION: The Regulations were issued by the Treasury Department to implement Executive Orders No. 12722 and 12724 of August 2 and August 9,1990, in which the President declared a national emergency with respect to Iraq, invoking the authority, inter alia, of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the United Nations Participation Act (22 U.S.C. 287c), and ordering specific measures against the Government of Iraq. An amendment to the Regulations (56 FR 13584, Apr. 3,1991) added a new appendix A, the list of Individuals and Organizations Determined to be Within the Term "Government of Iraq” (Specially Designated Nationals of Iraq), and a new appendix B, the list of Merchant Vessels Registered, Owned or Controlled by the Government of Iraq or by Persons Acting Directly or Indirectly on Behalf of the Government of Iraq. This rule removes two names from appendix A to part 575. The list consists of companies and individuals which the Director of the Office of Foreign Assets Control has determined to be owned or controlled by or to be acting or purporting to act directly or indirectly for the Government of Iraq, and which thus fall within the definition of the “Government of Iraq” contained in § 575.306 of the Regulations. The persons included in appendix A are subject to all prohibitions applicable to other components of the Government of Iraq. All unlicensed transactions with such persons, or in property in which they have an interest, are prohibited. The list of specially designated nationals is a partial one since FAC may not be aw are of all the persons that might be owned or controlled by the Government of Iraq or acting as officers, agents or front organizations for Iraq, and which thus qualify as specially designated nationals of the Government of Iraq. Therefore, persons engaging in transactions may not rely on the fact that any particular person is not on the specially designated nationals list as evidence that it is not owned or controlled by, or acting or purporting to act directly or indirectly for, the Government of Iraq. The Treasury Department regards it as incumbent upon all U.S. persons to take reasonable steps to ascertain for themselves whether persons they enter into transactions with are owned or controlled by the Government of Iraq or are acting or purporting to act on its behalf, or on behalf of other countries subject to blocking or transportationrelated restrictions (at present, Cambodia, Cuba, Libya, North Korea, and Vietnam). Pursuant to the Regulations, Arab Trans Trade CoMS.A.E. and Unimas Shipping were included in appendix A to the Regulations, published in the Federal Register on April 3,1991 (56 FR 13584) as specially designated nationals of the Government of Iraq. Following a review of additional information it has been determined that Arab Trans Trade Co., S.A.E. and Unimas Shipping are not within the scope of the definition of the “Government of Iraq” as defined in § 575.306 of the Regulations; and, therefore, are removed from the list of specially designated nationals of the Government of Iraq. Because the Regulations involve a foreign affairs function, Executive Order 12291 and the provisions of 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 et seq., does not apply. List of Subjects in 31 CFR Part 575 Administrative practice and procedure, Banks, Banking, Blocking of assets, Foreign trade, Iraq, Penalties, Reporting and recordkeeping requirements, Securities, Specially designated nationals. Travel restrictions. PART 575*— IRAQI SANCTIONS REGULATIONS For the reasons set forth in the preamble, 31 CFR part 575 is amended as set forth below: 1. The "Authority” citation for part 575 continues to read as follows: Authority: 50 U.S.C. 1701 e t seq.; 50 U.S.C. 1601 e t seq.; 22 U.S.C. 287c; Pub. L 101-513. 104 Stat. 2047-55 (Nov. 5.1990): 3 U.S.C. 301; E.0.12722, 55 FR 31803 (Aug. 3,1990); E.O. 12724, 55 FR 33089 (Aug. 13,1990). Appendix A— Individuals and Organizations Determined T o Be Specially Designated Nationals of the Government of Iraq 2. Appendix A to part 575 is amended by removing the following names from the list of companies: Arab Trans Trade Co., S.A.E., 36 Kafr Abdou Street, Rouchdy, Alexandria 481 683, Egypt; Unimas Shipping, 183 El Geish Road, P.O. Box 44, Alexandria, Egypt. Dated: September 6,1991. R. Richard Newcomb, Director, Office of Foreign Assets Control. Approved: September 13,1991. Peter K. Nunez, Assistant Secretary (Enforcement). (FR Doc. 91-22945 Filed 9-23-91; 8:45 am] BILLING CODE M10-25-M