Publication of Ukraine-Related Web General License 16 and Subsequent Iterations
| Published date | 28 October 2021 |
| Citation | 86 FR 59615 |
| Record Number | 2021-23473 |
| Section | Rules and Regulations |
| Court | Foreign Assets Control Office |
Federal Register, Volume 86 Issue 206 (Thursday, October 28, 2021)
[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Rules and Regulations]
[Pages 59615-59619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23473]
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 589
Publication of Ukraine-Related Web General License 16 and
Subsequent Iterations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Publication of web general licenses.
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SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is publishing six Ukraine-related web general licenses
(GLs) in the Federal Register: GL 16, GL 16A, GL 16B, GL 16C, and GL
16D, each of which was previously issued on OFAC's website and is now
expired, as well as GL 16E, which was previously issued on OFAC's
website and was revoked.
DATES: GL 16E was revoked on January 27, 2019. See SUPPLEMENTARY
INFORMATION of this rule 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 Sanctions Compliance &
Evaluation, 202-622-2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available on OFAC's website: www.treasury.gov/ofac.
Background
On March 6, 2014, the President, invoking the authority of, inter
alia, the International Emergency Economic Powers Act (50 U.S.C. 1701-
1706) (IEEPA), issued Executive Order (E.O.) 13660, ``Blocking Property
of Certain Persons Contributing to the Situation in Ukraine'' (79 FR
13493, March 10, 2014). In E.O. 13660, the President determined that
the actions and policies of persons including persons who have asserted
governmental authority in the Crimean region without the authorization
of the Government of Ukraine that undermine democratic processes and
institutions in Ukraine; threaten its peace, security, stability,
sovereignty, and territorial integrity; and contribute to the
misappropriation of its assets, constitute an unusual and extraordinary
threat to the national security and foreign policy of the United
States, and declared a national emergency to deal with that threat.
The President subsequently issued E.O. 13661 of March 16, 2014,
``Blocking Property of Additional Persons Contributing to the Situation
in Ukraine'' (79 FR 15535, March 19, 2014), and E.O. 13662 of March 20,
2014, ``Blocking Property of Additional Persons Contributing to the
Situation in Ukraine'' (79 FR 16169, March 24, 2014), pursuant to the
national emergency declared in E.O. 13660. E.O. 13661 and E.O. 13662
expanded the scope of the national emergency declared in E.O. 13660. On
May 8, 2014, OFAC published the Ukraine Related Sanctions Regulations,
31 CFR part 589 (the ``Regulations''), to implement E.O. 13660, E.O.
13661, and E.O. 13662 (79 FR 26365, May 8, 2014). The President has
issued additional Executive orders pursuant to the national emergency
declared in E.O. 13660, and expanded in E.O. 13661 and E.O. 13662,
which are not discussed in this publication as they are not relevant to
the web GLs being published.
OFAC, in consultation with the Department of State, issued GL 16 on
June 4, 2018, pursuant to the Regulations, to authorize certain
transactions and activities ordinarily incident and necessary to the
maintenance or wind down of operations, contracts, or other agreements,
including the importation of goods, services, or technology into the
United States, involving EN+ Group PLC, JSC EuroSibEnergo, or any
entity in which EN+ Group PLC or JSC EuroSibEnergo owns, directly or
indirectly, a 50 percent or greater interest, and that were in effect
prior to April 6, 2018, through 12:01 a.m. eastern daylight time,
October 23, 2018.
Subsequently, OFAC issued five further iterations of GL 16, each of
which extended the period the authorizations in GL 16 remained in
effect: On September 21, 2018, OFAC issued GL 16A, which replaced and
superseded GL 16, and extended the authorizations through 12:01 a.m.
eastern standard time, November 12, 2018; on October 12, 2018, OFAC
issued GL 16B, which replaced and superseded GL 16A, and extended the
authorizations through 12:01 a.m. eastern standard time, December 12,
2018; on November 9, 2018, OFAC issued GL 16C, which replaced and
superseded GL 16B, and extended the authorizations through 12:01 a.m.
eastern standard time, January 7, 2019;
[[Page 59616]]
on December 7, 2018, OFAC issued GL 16D, which replaced and superseded
GL 16C, and extended the authorizations through 12:01 a.m. eastern
standard time, January 21, 2019; and on January 16, 2019, OFAC issued
GL 16E, which replaced and superseded GL 16D, and extended the
authorizations through 12:01 a.m. eastern standard time, January 28,
2019. Following the delisting of EN+ Group PLC and JSC EuroSibEnergo on
January 27, 2019, OFAC authorization was no longer required to transact
with these companies or any other entity in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or indirectly, a 50 percent or greater
interest. The texts of GLs 16, 16A, 16B, 16C, 16D, and 16E are provided
below.
OFFICE OF FOREIGN ASSETS CONTROL
Ukraine Related Sanctions Regulations 31 CFR Part 589
GENERAL LICENSE NO. 16
Authorizing Certain Activities Necessary to Maintenance or Wind Down of
Operations or Existing Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph (d) of this general license,
all transactions and activities otherwise prohibited by the Ukraine
Related Sanctions Regulations, 31 CFR part 589, that are ordinarily
incident and necessary to the maintenance or wind down of operations,
contracts, or other agreements, including the importation of goods,
services, or technology into the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or indirectly, a 50 percent or greater
interest and that were in effect prior to April 6, 2018, are authorized
through 12:01 a.m. eastern daylight time, October 23, 2018.
(b) Except as authorized by Ukraine Related General License 14, any
payment to or for the direct or indirect benefit of a blocked person
that is ordinarily incident and necessary to give effect to a
transaction authorized in paragraph (a) of this general license must be
made into a blocked, interest-bearing account located in the United
States in accordance with 31 CFR 589.203. Any such payment that is
directly or indirectly to the account of a blocked U.S. person
identified in paragraph (a) at a U.S. financial institution may be
processed in accordance with the original wire transfer instructions,
provided that those instructions are consistent with this general
license.
(c) All funds in accounts of blocked U.S. persons identified in
paragraph (a), including funds originating from authorized payments to
such accounts received on or after April 6, 2018, may be used for
maintenance or wind-down activities authorized by this general license.
(d) This general license does not authorize:
(1) The divestiture or transfer of debt, equity, or other holdings
in, to, or for the benefit of the blocked persons identified above;
(2) Any transactions or dealings otherwise prohibited by any other
part of 31 CFR chapter V, or any transactions or dealings with any
blocked person other than the blocked persons identified in paragraph
(a) of this general license;
(3) The unblocking of any property blocked pursuant to any part of
31 CFR chapter V, except as authorized by paragraphs (a), (b), or (c);
or
(4) The exportation of goods from the United States.
(e) U.S. persons participating in transactions authorized by this
general license are required, within 10 business days after the
expiration date of this general license, to file a comprehensive,
detailed report of each transaction, including the names and addresses
of parties involved, the type and scope of activities conducted, and
the dates on which the activities occurred, with the Office of Foreign
Assets Control, Office of Compliance and Enforcement, U.S. Department
of the Treasury, 1500 Pennsylvania Avenue NW, Freedman's Bank Building,
Washington, DC 20220, or via email to [email protected].
Dated: June 4, 2018.
Bradley T. Smith,
Acting Deputy Director, Office of Foreign Assets Control.
OFFICE OF FOREIGN ASSETS CONTROL
Ukraine Related Sanctions Regulations 31 CFR Part 589
GENERAL LICENSE NO. 16A
Authorizing Certain Activities Necessary to Maintenance or Wind Down of
Operations or Existing Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph (d) of this general license,
all transactions and activities otherwise prohibited by the Ukraine
Related Sanctions Regulations, 31 CFR part 589, that are ordinarily
incident and necessary to the maintenance or wind down of operations,
contracts, or other agreements, including the importation of goods,
services, or technology into the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or indirectly, a 50 percent or greater
interest and that were in effect prior to April 6, 2018, are authorized
through 12:01 a.m. eastern standard time, November 12, 2018.
(b) Except as authorized by Ukraine Related General License 14A,
any payment to or for the direct or indirect benefit of a blocked
person that is ordinarily incident and necessary to give effect to a
transaction authorized in paragraph (a) of this general license must be
made into a blocked, interest-bearing account located in the United
States in accordance with 31 CFR 589.203. Any such payment that is
directly or indirectly to the account of a blocked U.S. person
identified in paragraph (a) at a U.S. financial institution may be
processed in accordance with the original wire transfer instructions,
provided that those instructions are consistent with this general
license.
(c) All funds in accounts of blocked U.S. persons identified in
paragraph (a), including funds originating from authorized payments to
such accounts received on or after April 6, 2018, may be used for
maintenance or wind-down activities authorized by this general license.
(d) This general license does not authorize:
(1) The divestiture or transfer of debt, equity, or other holdings
in, to, or for the benefit of the blocked persons identified above;
(2) Any transactions or dealings otherwise prohibited by any other
part of 31 CFR chapter V, or any transactions or dealings with any
blocked person other than the blocked persons identified in paragraph
(a) of this general license;
(3) The unblocking of any property blocked pursuant to any part of
31 CFR chapter V, except as authorized by paragraphs (a), (b), or (c);
or
(4) The exportation of goods from the United States.
(e) U.S. persons participating in transactions authorized by this
general license are required, within 10 business days after the
expiration date of this general license, to file a comprehensive,
detailed report of each transaction, including the names and addresses
of parties involved, the type and scope of activities conducted, and
the dates on which the activities occurred, with the
[[Page 59617]]
Office of Foreign Assets Control, Office of Compliance and Enforcement,
U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW,
Freedman's Bank Building, Washington, DC 20220, or via email to
[email protected].
(f) Effective September 21, 2018, General License No. 16, dated
June 4, 2018, is replaced and superseded in its entirety by this
General License No. 16A.
Dated: September 21, 2018.
Andrea Gacki,
Director, Office of Foreign Assets Control.
OFFICE OF FOREIGN ASSETS CONTROL
Ukraine Related Sanctions Regulations 31 CFR Part 589
GENERAL LICENSE NO. 16B
Authorizing Certain Activities Necessary to Maintenance or Wind Down of
Operations or Existing Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph (d) of this general license,
all transactions and activities otherwise prohibited by the Ukraine
Related Sanctions Regulations, 31 CFR part 589, that are ordinarily
incident and necessary to the maintenance or wind down of operations,
contracts, or other agreements, including the importation of goods,
services, or technology into the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or indirectly, a 50 percent or greater
interest and that were in effect prior to April 6, 2018, are authorized
through 12:01 a.m. eastern standard time, December 12, 2018.
(b) Except as authorized by Ukraine Related General License 14B,
any payment to or for the direct or indirect benefit of a blocked
person that is ordinarily incident and necessary to give effect to a
transaction authorized in paragraph (a) of this general license must be
made into a blocked, interest-bearing account located in the United
States in accordance with 31 CFR 589.203. Any such payment that is
directly or indirectly to the account of a blocked U.S. person
identified in paragraph (a) at a U.S. financial institution may be
processed in accordance with the original wire transfer instructions,
provided that those instructions are consistent with this general
license.
(c) All funds in accounts of blocked U.S. persons identified in
paragraph (a), including funds originating from authorized payments to
such accounts received on or after April 6, 2018, may be used for
maintenance or wind-down activities authorized by this general license.
(d) This general license does not authorize:
(1) The divestiture or transfer of debt, equity, or other holdings
in, to, or for the benefit of the blocked persons identified above;
(2) Any transactions or dealings otherwise prohibited by any other
part of 31 CFR chapter V, or any transactions or dealings with any
blocked person other than the blocked persons identified in paragraph
(a) of this general license;
(3) The unblocking of any property blocked pursuant to any part of
31 CFR chapter V, except as authorized by paragraphs (a), (b), or (c);
or
(4) The exportation of goods from the United States.
(e) U.S. persons participating in transactions authorized by this
general license are required, within 10 business days after the
expiration date of this general license, to file a comprehensive,
detailed report of each transaction, including the names and addresses
of parties involved, the type and scope of activities conducted, and
the dates on which the activities occurred, with the Office of Foreign
Assets Control, Office of Compliance and Enforcement, U.S. Department
of the Treasury, 1500 Pennsylvania Avenue NW, Freedman's Bank Building,
Washington, DC 20220, or via email to [email protected].
(f) Effective October 12, 2018, General License No. 16A, dated
September 21, 2018, is replaced and superseded in its entirety by this
General License No. 16B.
Dated: October 12, 2018.
Andrea Gacki,
Director, Office of Foreign Assets Control.
OFFICE OF FOREIGN ASSETS CONTROL
Ukraine Related Sanctions Regulations 31 CFR Part 589
GENERAL LICENSE NO. 16C
Authorizing Certain Activities Necessary to Maintenance or Wind Down of
Operations or Existing Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph (d) of this general license,
all transactions and activities otherwise prohibited by the Ukraine
Related Sanctions Regulations, 31 CFR part 589, that are ordinarily
incident and necessary to the maintenance or wind down of operations,
contracts, or other agreements, including the importation of goods,
services, or technology into the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or indirectly, a 50 percent or greater
interest and that were in effect prior to April 6, 2018, are authorized
through 12:01 a.m. eastern standard time, January 7, 2019.
(b) Except as authorized by Ukraine Related General License 14C,
any payment to or for the direct or indirect benefit of a blocked
person that is ordinarily incident and necessary to give effect to a
transaction authorized in paragraph (a) of this general license must be
made into a blocked, interest-bearing account located in the United
States in accordance with 31 CFR 589.203. Any such payment that is
directly or indirectly to the account of a blocked U.S. person
identified in paragraph (a) at a U.S. financial institution may be
processed in accordance with the original wire transfer instructions,
provided that those instructions are consistent with this general
license.
(c) All funds in accounts of blocked U.S. persons identified in
paragraph (a), including funds originating from authorized payments to
such accounts received on or after April 6, 2018, may be used for
maintenance or wind-down activities authorized by this general license.
(d) This general license does not authorize:
(1) The divestiture or transfer of debt, equity, or other holdings
in, to, or for the benefit of the blocked persons identified above;
(2) Any transactions or dealings otherwise prohibited by any other
part of 31 CFR chapter V, or any transactions or dealings with any
blocked person other than the blocked persons identified in paragraph
(a) of this general license;
(3) The unblocking of any property blocked pursuant to any part of
31 CFR chapter V, except as authorized by paragraphs (a), (b), or (c);
or
(4) The exportation of goods from the United States.
(e) U.S. persons participating in transactions authorized by this
general license are required, within 10 business days after the
expiration date of this general license, to file a comprehensive,
detailed report of each transaction, including the names and addresses
of parties involved, the type and scope of activities conducted, and
the dates on which the activities occurred, with the Office of Foreign
Assets Control, Office
[[Page 59618]]
of Compliance and Enforcement, U.S. Department of the Treasury, 1500
Pennsylvania Avenue NW, Freedman's Bank Building, Washington, DC 20220,
or via email to [email protected].
(f) Effective November 9, 2018, General License No. 16B, dated
October 12, 2018, is replaced and superseded in its entirety by this
General License No. 16C.
Dated: November 9, 2018
Andrea Gacki,
Director, Office of Foreign Assets Control.
OFFICE OF FOREIGN ASSETS CONTROL
Ukraine Related Sanctions Regulations 31 CFR Part 589
GENERAL LICENSE NO. 16D
Authorizing Certain Activities Necessary to Maintenance or Wind Down of
Operations or Existing Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph (d) of this general license,
all transactions and activities otherwise prohibited by the Ukraine
Related Sanctions Regulations, 31 CFR part 589, that are ordinarily
incident and necessary to the maintenance or wind down of operations,
contracts, or other agreements, including the importation of goods,
services, or technology into the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or indirectly, a 50 percent or greater
interest and that were in effect prior to April 6, 2018, are authorized
through 12:01 a.m. eastern standard time, January 21, 2019.
(b) Except as authorized by Ukraine Related General License 14D,
any payment to or for the direct or indirect benefit of a blocked
person that is ordinarily incident and necessary to give effect to a
transaction authorized in paragraph (a) of this general license must be
made into a blocked, interest-bearing account located in the United
States in accordance with 31 CFR 589.203. Any such payment that is
directly or indirectly to the account of a blocked U.S. person
identified in paragraph (a) at a U.S. financial institution may be
processed in accordance with the original wire transfer instructions,
provided that those instructions are consistent with this general
license.
(c) All funds in accounts of blocked U.S. persons identified in
paragraph (a), including funds originating from authorized payments to
such accounts received on or after April 6, 2018, may be used for
maintenance or wind-down activities authorized by this general license.
(d) This general license does not authorize:
(1) The divestiture or transfer of debt, equity, or other holdings
in, to, or for the benefit of the blocked persons identified above;
(2) Any transactions or dealings otherwise prohibited by any other
part of 31 CFR chapter V, or any transactions or dealings with any
blocked person other than the blocked persons identified in paragraph
(a) of this general license;
(3) The unblocking of any property blocked pursuant to any part of
31 CFR chapter V, except as authorized by paragraphs (a), (b), or (c);
or
(4) The exportation of goods from the United States.
(e) U.S. persons participating in transactions authorized by this
general license are required, within 10 business days after the
expiration date of this general license, to file a comprehensive,
detailed report of each transaction, including the names and addresses
of parties involved, the type and scope of activities conducted, and
the dates on which the activities occurred, with the Office of Foreign
Assets Control, Office of Compliance and Enforcement, U.S. Department
of the Treasury, 1500 Pennsylvania Avenue NW, Freedman's Bank Building,
Washington, DC 20220, or via email to [email protected].
(f) Effective December 7, 2018, General License No. 16C, dated
November 9, 2018, is replaced and superseded in its entirety by this
General License No. 16D.
Dated: December 7, 2018.
Andrea Gacki,
Director, Office of Foreign Assets Control.
OFFICE OF FOREIGN ASSETS CONTROL
Ukraine Related Sanctions Regulations 31 CFR Part 589
GENERAL LICENSE NO. 16E
Authorizing Certain Activities Necessary to Maintenance or Wind Down of
Operations or Existing Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph (d) of this general license,
all transactions and activities otherwise prohibited by the Ukraine
Related Sanctions Regulations, 31 CFR part 589, that are ordinarily
incident and necessary to the maintenance or wind down of operations,
contracts, or other agreements, including the importation of goods,
services, or technology into the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or indirectly, a 50 percent or greater
interest and that were in effect prior to April 6, 2018, are authorized
through 12:01 a.m. eastern standard time, January 28, 2019.
(b) Except as authorized by Ukraine Related General License 14E,
any payment to or for the direct or indirect benefit of a blocked
person that is ordinarily incident and necessary to give effect to a
transaction authorized in paragraph (a) of this general license must be
made into a blocked, interest-bearing account located in the United
States in accordance with 31 CFR 589.203. Any such payment that is
directly or indirectly to the account of a blocked U.S. person
identified in paragraph (a) at a U.S. financial institution may be
processed in accordance with the original wire transfer instructions,
provided that those instructions are consistent with this general
license.
(c) All funds in accounts of blocked U.S. persons identified in
paragraph (a), including funds originating from authorized payments to
such accounts received on or after April 6, 2018, may be used for
maintenance or wind-down activities authorized by this general license.
(d) This general license does not authorize:
(1) The divestiture or transfer of debt, equity, or other holdings
in, to, or for the benefit of the blocked persons identified above;
(2) Any transactions or dealings otherwise prohibited by any other
part of 31 CFR chapter V, or any transactions or dealings with any
blocked person other than the blocked persons identified in paragraph
(a) of this general license;
(3) The unblocking of any property blocked pursuant to any part of
31 CFR chapter V, except as authorized by paragraphs (a), (b), or (c);
or
(4) The exportation of goods from the United States.
(e) U.S. persons participating in transactions authorized by this
general license are required, within 10 business days after the
expiration date of this general license, to file a comprehensive,
detailed report of each transaction, including the names and addresses
of parties involved, the type and scope of activities conducted, and
the dates on which the activities occurred, with the Office of Foreign
Assets Control, Office of Compliance and Enforcement, U.S.
[[Page 59619]]
Department of the Treasury, 1500 Pennsylvania Avenue NW, Freedman's
Bank Building, Washington, DC 20220, or via email to
[email protected].
(f) Effective January 16, 2019, General License No. 16D, dated
December 7, 2018, is replaced and superseded in its entirety by this
General License No. 16E.
Dated: January 16, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
Dated: October 25, 2021.
Bradley T. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2021-23473 Filed 10-27-21; 8:45 am]
BILLING CODE 4810-AL-P
