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Publication of Ukraine General Licenses 5, 6, 7, 8, and 9

Notice published July 29, 2015 · 80 FR 45276

Document number
FR Doc. 2015-18520
Type
Notice
Published
July 29, 2015
Citation
80 FR 45276 (pages 45,276–45,278)
Action
Notice, publication of general licenses.
Effective
December 30, 2014
Dates
Effective Date: December 30, 2014, for General License No. 5; January 30, 2015 for General License No. 6, General License No. 7, and General License No. 8; and May 22, 2015 for General License No. 9.
Official sources
PDF (govinfo.gov) · federalregister.gov

Summary

The Federal Register's summaryThe Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing General License No. 5, General License No. 6, General License No. 7, General License No. 8, and General License No. 9 issued under the Ukraine-related sanctions program. On December 30, 2014, OFAC issued General License No. 5, which authorizes transactions and activities necessary to wind down operations involving the Crimea region of Ukraine, subject to certain limitations. On January 30, 2015, OFAC issued three Ukraine-related general licenses. General License No. 6 authorizes noncommercial, personal remittances to or from the Crimea region of Ukraine or for or on behalf of an individual ordinarily resident in the Crimea region of Ukraine, subject to certain limitations. General License No. 7 authorizes the operation of accounts in U.S. financial institutions for individuals ordinarily resident in the Crimea region of Ukraine, subject to certain limitations. General License No. 8 authorizes transactions related to the receipt and transmission of telecommunications and mail, subject to certain limitations. On May 22, 2015, OFAC issued General License No. 9, which authorizes the exportation of certain services and software incident to the exchange of Internet-based communications, subject to certain limitations.

Executive orders cited

Text

As the Government Publishing Office publishes it. Pages OFAC printed as images (in recent notices, the lists of names) are in the official PDF.

[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Pages 45276-45278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18520]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control


Publication of Ukraine General Licenses 5, 6, 7, 8, and 9

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Notice, publication of general licenses.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is publishing General License No. 5, General License No.
6, General License No. 7, General License No. 8, and General License
No. 9 issued under the Ukraine-related sanctions program. On December
30, 2014, OFAC issued General License No. 5, which authorizes
transactions and activities necessary to wind down operations involving
the Crimea region of Ukraine, subject to certain limitations. On
January 30, 2015, OFAC issued three Ukraine-related general licenses.
General License No. 6 authorizes noncommercial, personal remittances to
or from the Crimea region of Ukraine or for or on behalf of an
individual ordinarily resident in the Crimea region of Ukraine, subject
to certain limitations. General License No. 7 authorizes the operation
of accounts in U.S. financial institutions for individuals ordinarily
resident in the Crimea region of Ukraine, subject to certain
limitations. General License No. 8 authorizes transactions related to
the receipt and transmission of telecommunications and mail, subject to
certain limitations. On May 22, 2015, OFAC issued General License No.
9, which authorizes the exportation of certain services and software
incident to the exchange of Internet-based communications, subject to
certain limitations.

DATES: Effective Date: December 30, 2014, for General License No. 5;
January 30, 2015 for General License No. 6, General License No. 7, and
General License No. 8; and May 22, 2015 for General License No. 9.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Licensing,
tel.: 202-622-2480, Assistant Director for Policy, tel.: 202-622-2746,
Assistant Director for Regulatory Affairs, tel.: 202-622-4855,
Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-
622-2490, Office of Foreign Assets Control, or Chief Counsel (Foreign
Assets Control), tel.: 202-622-2410, Office of the General Counsel,
Department of the Treasury (not toll free numbers).

SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability

    This document and additional information concerning OFAC are
available from OFAC's Web site (www.treasury.gov/ofac). Certain general
information pertaining to OFAC's sanctions programs also is available
via facsimile through a 24-hour fax-on-demand service, tel.: 202-622-
0077.

Background

    Since December 30, 2014, OFAC has issued five general licenses
authorizing certain transactions for the Crimea region of Ukraine
involving certain activities prohibited by Executive Order 13685 of
December 19, 2014. On December 30, 2014, OFAC issued General License
No. 5 authorizing transactions and activities prohibited by Executive
Order 13685 of December 19, 2014 necessary to wind down operations
involving the Crimea region of Ukraine, subject to certain limitations.
At the time of its issuance on December 30, 2014, OFAC made General
License No. 5 available on the OFAC Web site (www.treasury.gov/ofac).
    On January 30, 2015, OFAC issued three general licenses. General
License No. 6 authorizes noncommercial, personal remittances to or from
the Crimea region of Ukraine or for or on behalf of an individual
ordinarily resident in the Crimea region of Ukraine, subject to certain
limitations. General License No. 7 authorizes the operation of accounts
in U.S. financial institutions for individuals ordinarily resident in
the Crimea region of Ukraine, subject to certain limitations. General
License No. 8 authorizes transactions related to the receipt and
transmission of telecommunications and mail involving the Crimea region
of Ukraine, subject to certain limitations. At the time of their
issuance on January 30, 2015, OFAC made General License Nos. 6, 7, and
8 available on the OFAC Web site (www.treasury.gov/ofac).
    On May 22, 2015, OFAC issued General License No. 9 authorizing the
exportation from the United States or by U.S. persons of certain
services and software incident to the exchange of Internet-based
communications, subject to certain limitations. At the time of its
issuance on May 22, 2015, OFAC made General License No. 9 available on
the OFAC Web site (www.treasury.gov/ofac). With this notice, OFAC is
publishing Ukraine-related General License Nos. 5, 6, 7, 8, and 9 in
the Federal Register.

Generak License No. 5

Authorizing Certain Activities Prohibited by Executive Order 13685 of
December 19, 2014 Necessary To Wind Down Operations Involving the
Crimea Region of Ukraine

    (a) Except as provided in paragraph (b) of this general license,
all transactions and activities prohibited by Section 1 of Executive
Order 13685 of December 19, 2014, ``Blocking Property of Certain
Persons and Prohibiting Certain Transactions With Respect to the Crimea
Region of Ukraine'' (the ``Crimea E.O.''), that are ordinarily incident
and necessary (1) to the winding down or divestiture or transfer to a
foreign person of a U.S. person's share of ownership, including an
equity interest, in pre-December 20, 2014 investments located in the
Crimea region of Ukraine; (2) to the winding down of operations,
contracts, or other agreements that were in effect prior to December
20, 2014, involving the exportation, reexportation, sale, or supply of
goods, services, or technology

[[Page 45277]]

to the Crimea region of Ukraine; or (3) to the winding down of
operations, contracts, or other agreements that were in effect prior to
December 20, 2014, involving the importation of any goods, services, or
technology from the Crimea region of Ukraine into the United States,
are authorized through 12:01 a.m. eastern daylight time, February 1,
2015.
    (b) This general license does not authorize (1) any new
exportation, reexportation, sale, or supply of goods, services, or
technology from the United States, or by a U.S. person, wherever
located, to the Crimea region of Ukraine, or (2) any new importation
into the United States of goods, services, or technology from the
Crimea region of Ukraine, except as needed to wind down operations,
contracts, or other agreements otherwise prohibited by the Crimea E.O.
This general license does not authorize any transactions or dealings
otherwise prohibited by any other Executive order or any other part of
31 CFR Chapter V, or any transactions or dealings with any specially
designated national (SDN) listed pursuant to any Ukraine-related
Executive order.
    (c) U.S. persons participating in transactions authorized by this
general license are required, within 10 business days after the wind-
down activities conclude, to file a detailed report, including the
parties involved, the type and scope of activities conducted, and the
dates of the activities, with the Office of Foreign Assets Control,
Licensing Division, U.S. Department of the Treasury, 1500 Pennsylvania
Avenue NW., Annex, Washington, DC 20220.
    Issued: December 30, 2014.

General License No. 6

Noncommercial, Personal Remittances Authorized

    (a)(1) U.S. persons are authorized to send and receive, and U.S.
depository institutions, U.S. registered brokers or dealers in
securities, and U.S. registered money transmitters are authorized to
process transfers of, funds to or from the Crimea region of Ukraine or
for or on behalf of an individual ordinarily resident in the Crimea
region of Ukraine in cases in which the transfer involves a
noncommercial, personal remittance, provided the transfer is not by,
to, or through any person whose property and interests in property are
blocked pursuant to Executive Order 13660 of March 6, 2014, Executive
Order 13661 of March 17, 2014, Executive Order 13662 of March 20, 2014,
or Executive Order 13685 of December 19, 2014 (collectively, the
``Orders'').
    (2) Noncommercial, personal remittances do not include charitable
donations of funds to or for the benefit of an entity or funds
transfers for use in supporting or operating a business, including a
family-owned business.
    (b) The transferring institutions identified in paragraph (a) of
this general license may rely on the originator of a funds transfer
with regard to compliance with paragraph (a), provided that the
transferring institution does not know or have reason to know that the
funds transfer is not in compliance with paragraph (a).
    (c) An individual who is a U.S. person is authorized to carry funds
as a noncommercial, personal remittance, as described in paragraph (a)
of this general license, to an individual in the Crimea region of
Ukraine or to an individual ordinarily resident in the Crimea region of
Ukraine, other than an individual whose property and interests in
property are blocked pursuant to the Orders, provided that the
individual who is a U.S. person is carrying the funds on his or her
behalf, but not on behalf of another person.
    Issued: January 30, 2015.

General License No. 7

Operation of Accounts Authorized

    The operation of an account in a U.S. financial institution for an
individual ordinarily resident in the Crimea region of Ukraine other
than an individual whose property and interests in property are blocked
pursuant to Executive Order 13660 of March 6, 2014, Executive Order
13661 of March 17, 2014, Executive Order 13662 of March 20, 2014, or
Executive Order 13685 of December 19, 2014 (collectively, the
``Orders''), is authorized, provided that transactions processed
through the account:
    (a) Are of a personal nature and not for use in supporting or
operating a business;
    (b) Do not involve transfers directly or indirectly to the Crimea
region of Ukraine or for the benefit of individuals ordinarily resident
in the Crimea region of Ukraine unless authorized by General License
No. 6 (``Noncommercial, Personal Remittances Authorized''); and
    (c) Are not otherwise prohibited by the Orders.
    Issued: January 30, 2015.

General License No. 8

Transactions Related to Telecommunications and Mail Authorized

    (a)(1) Except as provided in paragraph (a)(2) of this general
license, all transactions with respect to the receipt and transmission
of telecommunications involving the Crimea region of Ukraine are
authorized, provided that no payment pursuant to this general license
may involve any transaction with a person whose property and interests
in property are blocked pursuant to Executive Order 13660 of March 6,
2014, Executive Order 13661 of March 17, 2014, Executive Order 13662 of
March 20, 2014, or Executive Order 13685 of December 19, 2014
(collectively, the ``Orders'').
    (2) This general license does not authorize:
    (i) The provision, sale, or lease of telecommunications equipment
or technology; or
    (ii) The provision, sale, or lease of capacity on
telecommunications transmission facilities (such as satellite or
terrestrial network activity).
    (b) All transactions of common carriers incident to the receipt or
transmission of mail and packages between the United States and the
Crimea region of Ukraine are authorized, provided that the importation
or exportation of such mail and packages is exempt from the
prohibitions of Executive Order 13685 of December 19, 2014, or is
otherwise authorized pursuant to 31 CFR part 589.
    Issued: January 30, 2015.

General License No. 9

Exportation of Certain Services and Software Incident to Internet-Based
Communications Authorized

    (a) Except as provided in paragraph (d) of this general license,
the exportation or reexportation, directly or indirectly, from the
United States or by U.S. persons, wherever located, to persons in the
Crimea region of Ukraine of services incident to the exchange of
personal communications over the Internet, such as instant messaging,
chat and email, social networking, sharing of photos and movies, web
browsing, and blogging, is authorized, provided that such services are
widely available to the public at no cost to the user.
    (b) Except as provided in paragraph (d) of this general license,
the exportation or reexportation, directly or indirectly, from the
United States or by U.S. persons, wherever located, to persons in the
Crimea region of Ukraine of software necessary to enable the services
described in paragraph (a) of this general license is authorized,
provided that such software is designated EAR99 under the Export
Administration Regulations, 15 CFR parts 730 through 774 (the ``EAR''),
or is classified by the U.S. Department of Commerce (Commerce) as mass
market

[[Page 45278]]

software under export control classification number (ECCN) 5D992 of the
EAR, and provided further that such software is widely available to the
public at no cost to the user.
    (c) Except as provided in paragraph (d) of this general license,
the exportation or reexportation, directly or indirectly, from the
United States or by U.S. persons, wherever located, to persons in the
Crimea region of Ukraine of software that is not subject to the EAR
because it is of foreign origin and is located outside the United
States that is necessary to enable the services described in paragraph
(a) of this general license is authorized, provided that such software
would be designated EAR99 if it were located in the United States or
would meet the criteria for classification under ECCN 5D992 of the EAR
if it were subject to the EAR, and provided further that such software
is widely available to the public at no cost to the user.
    (d) This general license does not authorize:
    (1) The exportation or reexportation, directly or indirectly, of
services or software with knowledge or reason to know that such
services or software are intended for any person whose property and
interests in property are blocked pursuant to Executive Order 13660 of
March 6, 2014, Executive Order 13661 of March 17, 2014, Executive Order
13662 of March 20, 2014, or Executive Order 13685 of December 19, 2014;
    (2) The exportation or reexportation, directly or indirectly, of
any goods or technology listed on the Commerce Control List in the EAR,
15 CFR part 774, supplement No. 1 (CCL), except for software necessary
to enable the services described in paragraph (a) of this general
license that is classified by Commerce as mass market software under
ECCN 5D992 of the EAR;
    (3) The exportation or reexportation, directly or indirectly, of
commercial-grade Internet connectivity services or telecommunications
transmission facilities (such as dedicated satellite links or dedicated
lines that include quality of service guarantees); or
    (4) The exportation or reexportation, directly or indirectly, of
web-hosting services that are for commercial endeavors or of domain
name registration services.
    (e) Specific licenses may be issued on a case-by-case basis for the
exportation or reexportation of services or software incident to the
exchange of personal communications over the Internet not specified in
paragraphs (a), (b), or (c) of this general license, and for the
exportation or reexportation of hardware incident to the exchange of
personal communications over the Internet.

    Note to General License 9: Nothing in this general license or in
any license issued pursuant to paragraph (e) of this general license
relieves the exporter from compliance with the export license
application requirements of another Federal agency.

    Issued: May 22, 2015.

    Dated: July 23, 2015.
John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2015-18520 Filed 7-28-15; 8:45 am]
BILLING CODE 4810-AL-P

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