[12/22/2000] OFAC amended
appendix A to 31 CFR chapter V (see 65FR80749) to provide Federal Register
legal notice of the addition of the names of eight individuals
and eight entities, and supplemental information concerning
sixteen individuals, designated as specially designated narcotics
traffickers. Actual notice of these entries had already occurred
via OFAC's website and other channels on December 7, 2000;
no changes, therefore, are needed to any of OFAC's other alphabetized
master lists of Specially Designated Nationals and Blocked
Persons nor to the data that should already have been appropriately
integrated into interdiction software.
[12/22/2000] The Office of Foreign Assets Control has issued guidance emphasizing that U.S. persons are not authorized to make payment of a surcharge of any kind on Iraqi oil.
[12/13/2000] The Office
of Foreign Assets Control has filed the following Notice with
the Federal Register regarding payments to persons
who hold certain categories of judgments against Cuba or Iran:
DEPARTMENT OF THE TREASURY
Payments to Persons Who Hold Certain Categories of Judgments against Cuba or Iran
AGENCY: Department of the Treasury; Office of Foreign Assets Control.
ACTION: Notice
SUMMARY: This notice explains the manner in which the Department of the Treasury interprets the direction in Section 2002 of the Victims of Trafficking and Violence Protection Act of 2000, Public Law No. 106-386 ("Section 2002") to pay post-judgment interest on payments authorized by that section. This notice also explains that certain deficiencies in the information and documentation regarding payment information submitted by applicants will not prevent an application from being determined to be complying within the meaning of Part 3 of the Federal Register Notice published on November 22, 2000.
FOR FURTHER INFORMATION CONTACT: For questions regarding submission of applications, Rochelle E. Stern, Transactions Analysis Officer, Office of Foreign Assets Control. For legal questions, Brett D. Barkey, Attorney-Advisor, Office of the Chief Counsel (Foreign Assets Control). Both individuals can be reached at 202-622-2671 (not a toll free call).
SUPPLEMENTARY INFORMATION:
Part 1
Section 2002 provides that persons who hold certain judgments against Iran or Cuba may elect to receive payments from the Department of the Treasury equaling 110 percent or 100 percent "of compensatory damages awarded by judgment of a court on a claim or claims brought by the person under section 1605(a)(7) of title 28, United States Code, plus amounts necessary to pay post-judgment interest under section 1961 of such title, and, in the case of a claim or claims against Cuba, amounts awarded as sanctions by judicial order on April 18, 2000 (as corrected on June 2, 2000), subject to final appellate review of that order." Section 2002(a)(1). This notice explains the manner in which the Department of the Treasury interprets the direction in Section 2002 to pay post-judgment interest under that section.
In making payments under Section 2002, subject to funds availability, the Department of the Treasury will pay post-judgment interest on 110 percent of compensatory damages or 100 percent of compensatory damages, according to whether the applicant elects to receive payment equaling 110 or 100 percent of compensatory damages. The Department of the Treasury will not pay post-judgment interest on portions of the judgment for which the applicant is not entitled to receive payment under Section 2002, including amounts awarded as punitive damages. Nor will the Department of the Treasury pay post-judgment interest on the amounts awarded as sanctions, as Section 2002(a)(1) does not provide for payment of post-judgment interest on sanctions awards.
Part 2
On November 22, 2000, at 65 FR 70382, the Office of Foreign Assets Control, Department of the Treasury, published a Federal Register Notice ("November Notice") specifying the procedures necessary for persons to establish eligibility for payments authorized by Section 2002. The November Notice specified information that applicants must submit to establish eligibility and provided that an application would be determined to be "complying if the Department of the Treasury determines that it has received, for its review, all the information and documentation specified in Part 2(a)-(f)" of the November Notice. November Notice, Part 3(a).
Part 2(a)(2) of the November Notice specifies payment information needed to effect a payment to the applicant. This information relates to the administrative processing of the payment, not to the applicant's eligibility for payment under Section 2002. The Department of the Treasury has therefore determined that deficiencies in the material submitted pursuant to Part 2(a)(2) of the November Notice will not prevent an application from being determined to be complying under Part 3 of the November Notice. The Department of the Treasury will contact the applicant in order to obtain any missing or additional payment information under Part 2(a)(2) that the Department of the Treasury needs in order to effect a payment. Any information so requested must be provided to the Department of the Treasury in order for the applicant to receive payment.
Dated: December 12, 2000
The document is also available in the Legal Section of our website. The Federal Register publication date is December 15, 2000.
[12/07/2000] The Office
of Foreign Assets Control designated the following entities
and the following individuals as Specially Designated Narcotics
Taffickers ([SDNT]s). Their names were added to the various
versions of OFAC's listing of Specially Designated Nationals
and Blocked Persons. Additional data was also added to a number
of existing SDNT entries. For complete details, please see
OFAC's SDNEW00 file. OFAC's brochure
on the Narcotics progam was also updated
accordingly.
ENTITIES:
CAVIEDES DILEO Y CIA. S.C.S, Calle 21 Norte No. 3N-64, Cali, Colombia; NIT # 800113437-2 (Colombia)
RODRIGUEZ ARBELAEZ, Juan Miguel, Avenida del Lago Calle Cocli Casa 19 Ciudad Jardin, Cali, Colombia; c/o CREDIREBAJA S.A., Cali, Colombia; c/o INVERSIONES ARA LTDA., Cali, Colombia; c/o INVERSIONES RODRIGUEZ ARBELAEZ Y CIA. S.C.S., Cali, Colombia; c/o M. RODRIGUEZ O. Y CIA. S.C.S., Cali, Colombia; c/o VALORES MOBILIARIOS DE OCCIDENTE S.A., Cali, Colombia; Cedula No. 94491333 (Colombia) (individual)
ROJAS GALARZA, Carmen Amparo, Carrera 35 No. 10-130, Cali, Colombia; c/o CREDIREBAJA S.A., Cali, Colombia; Cedula No. 34511289 (Colombia) (individual)
The Federal Register will print the names shortly.
[12/04/2000] OFAC amended
appendix A to 31 CFR chapter V (see 65
FR 75628ff.) to provide additional
Federal Register legal notice of the addition of fifteen
individuals and five entities, and supplemental information
concerning one individual, designated as specially designated
narcotics traffickers. The entries for two individuals previously
listed as specially designated narcotics traffickers in Appendix
A were removed, and the name of one organization designated
as a foreign terrorist organization was added. Prior Federal
Register notice of the FTO designation was published on
September 25, 2000 (65 FR 57641); prior notice of
the SDNTK designations was published on June 1, 2000 in the
President's report to Congress containing a list of significant
foreign narcotics traffickers (36 Weekly Comp. Pres. Doc.
1262). Actual notice of these entries and deletions had already
occurred via OFAC's website and other channels; no changes,
therefore, were needed to any of OFAC's other alphabetized
master lists of Specially Designated Nationals and Blocked
Persons nor to the data that should already have been appropriately
integrated into interdiction software.
[11/20/2000] OFAC issued
a Notice, effective November 20, 2000 with regard to "Payments
to Persons Who Hold Certain Categories of Judgments against
Cuba and Iran." It was printed
in the Federal Register on November 22, 2000.
Social Security Organization Hospital, Khorram Ahad
Teleghani Hospital, Abadan
Vali-e-Asr Hospital, Kazeroun
Zanjan Hospital
Libya
Medical Social Services Co.
Tajoura Hospital
NOTE: The Medical Supply Organization (Libya) and National Company for Pharmaceutical Industries (Libya) have been REMOVED from the list of approved government procurement bodies. They have been merged into another Libyan government entity to form National Pharmaceutical and Medical Equipment Company of Libya ("NPME") which has been identified with coercive organs of the state.
[10/26/2000] On October
26, 2000, given recent developments in Serbia, OFAC issued
the following "STATEMENT OF LICENSING POLICY RELATING TO THE
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO):"
" Applications for specific licenses will be considered on an expedited, case-by-case basis for activities, transactions, or dealings prohibited by Executive Order 13088 of June 9, 1998, Executive Order 13121 of April 30, 1999, or the Federal Republic of Yugoslavia (Serbia and Montenegro) Kosovo Sanctions Regulations (31 CFR Part 586) and not otherwise authorized by the Office of Foreign Assets Control.
Note: The Commerce Department's Bureau of Export Administration
is responsible for licensing the exportation from the United
States and the reexportation of U.S.-origin goods, software,
and technology to Serbia. The Treasury Department's Office
of Foreign Assets Control is generally responsible for licensing
other transactions involving Serbia, the Government of the
Federal Republic of Yugoslavia (Serbia & Montenegro),
or the Government of the Republic of Serbia. Other federal
agencies also may be responsible for licensing certain transactions.
Please consult the relevant Executive orders, regulations,
and OFAC general licenses (available on OFAC's website at
<http://www.treas.gov/ofac>) for more details regarding
the scope of the sanctions.
[10/12/2000]The following General Licenses were issued by
OFAC effective October 12, 2000:
FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) KOSOVO SANCTIONS REGULATIONS, 31 CFR PART 586
GENERAL LICENSE NO. 5
Authorizing air transportation-related transactions involving the Federal Republic of Yugoslavia (Serbia and Montenegro)
(a) All transactions or dealings by a U.S. person relating to the following activities are authorized:
The provision of air transportation services, directly or indirectly, between the United States and the Federal Republic of Yugoslavia (Serbia and Montenegro) (FRY (S&M));
The provision of ground support services by Jugoslovenski Aerotransport (JAT) in the FRY (S&M) or in any third country;
The operation of charter flights to or from the FRY (S&M), except for a charter flight operated by or for JAT; and
The payment of charges for services rendered and all fees assessed in connection with taking off from, landing in, or overflying the FRY (S&M).
(b) This general license does not authorize any transactions or dealings, directly or indirectly, by a U.S. person relating to JAT taking off from, landing in, or overflying the United States.
Note: This general license does not excuse a person from complying with other applicable U.S. laws, including, but not limited to, title 49 of the U.S. Code and regulations issued thereunder, as well as those laws and regulations governing the importation, exportation, reexportation, sale, or supply of goods, software, technology (including technical data), or services.
GENERAL LICENSE NO. 6
Authorizing transactions relating to the exportation of petroleum and petroleum products to the Federal Republic of Yugoslavia (Serbia and Montenegro)
(a) The following are authorized: All transactions or dealings relating to the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any petroleum or petroleum products to the Federal Republic of Yugoslavia (Serbia and Montenegro) (FRY (S&M)) or to the Government of the FRY (S&M).
(b) This general license does not authorize: (i) any transactions or dealings, directly or indirectly, by a U.S. person with Jugopetrol or Nis-Nafta Industrija Srbije, (ii) any transactions or dealings, directly or indirectly, by a U.S. person with any financial institution located or headquartered in the Republic of Serbia, or (iii) any debit to a blocked account or setoff against blocked property.
Note: This general license does not excuse a person from complying with other applicable U.S. laws and regulations, including, but not limited to, those governing the exportation, reexportation, sale, or supply of goods, software, technology (including technical data), or services.
OFAC's program brochure on Yugoslavia and industry brochures
for banks and for exporters
& importers have been updated accordingly.
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