Unknown. Final rule

9,320 words·~42 min read·/register/2019/08/07/2019-16842

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2019-08-07.xml --- 84 152 Wednesday, August 7, 2019 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service Animal Animal and Plant Health Inspection Service NOTICES Determination of Nonregulated Status: Canola Genetically Engineered for Altered Oil Profile and Resistance to an Imidazolinone Herbicide; BASF Plant Science, LP, 38588-38589 2019-16921 Soybean Genetically Engineered for Yield Increase and Resistance to Glufosinate;

Verdeca, LLC, 38587-38588 2019-16920 List of Regions Classified as Having Controlled Risk for Bovine Spongiform Encephalopathy: Addition of Scotland, 38589-38590 2019-16902 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities; Updates to the Quality Reporting Program and Value-Based Purchasing Program for Federal Fiscal Year 2020, 38728-38833 2019-16485 Civil Rights Civil Rights Commission NOTICES Meetings:

Wyoming Advisory Committee, 38596-38597 2019-16868 Coast Guard Coast Guard RULES Safety Zone: Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone, 38552-38553 2019-16793 2019-16795 Sabine River, Orange, TX, 38553-38556 2019-16731 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Institute of Standards and Technology See National Telecommunications and Information Administration Defense Department Defense Department See Navy Department RULES Acquisition and Use of Criminal History Record Information by the Military Services, 38551-38552 2019-16785 Federal Acquisition Regulation, 38838-38839 2019-16407 Federal Acquisition Regulation:

Federal Acquisition Circular 2019-04; Introduction, 38836 2019-16405 Federal Acquisition Circular 2019-04; Small Entity Compliance Guide, 38839 2019-16408 Ombudsman for Indefinite-Delivery Contracts, 38836-38838 2019-16406 Office of the Secretary of Defense and Joint Staff Privacy Program, 38552 2019-16775 NOTICES Meetings: Defense Business Board, 38603-38604 2019-16875 Denali Denali Commission NOTICES Fiscal Year 2020 Draft Work Plan, 38604-38606 2019-16914 Economic Analysis Bureau Economic Analysis Bureau PROPOSED RULES Direct Investment Surveys:

BE-10, Benchmark Survey of U.S. Direct Investment Abroad, 38583-38586 2019-16628 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for the Rural Education Achievement Program, 38613 2019-16900 Applications for New Awards: Technical Assistance and Dissemination to Improve Services and Results for Children With Disabilities—Technical Assistance and Dissemination Center for the Development and Implementation of High-Quality Instruction, Interventions, and Services for Children With Disabilities, 38606-38613 2019-16809 Election Election Assistance Commission NOTICES Meetings:

Technical Guidelines Development Committee; Voluntary Voting Systems Guidelines and Usability Requirements, 38614 2019-16823 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Authorization To Export Liquefied Natural Gas: Gulf LNG Liquefaction Company, LLC, 38615 2019-16911 Meetings: Environmental Management Site-Specific Advisory Board, Northern New Mexico, 38614-38615 2019-16909 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Maine; Reasonably Available Control Technology for the 2008 Ozone Standard, 38558-38561 2019-16203 Tolerance Exemption: Autographa californica Multiple Nucleopolyhedrovirus Strain FV#11, 38561-38563 2019-16707 NOTICES Application: Pesticide Experimental Use Permit, 38624 2019-16810 Requests for Nominations: Consultants To Support the Clean Air Scientific Advisory Committee for the Particulate Matter and Ozone Reviews, 38625 2019-16913 Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38719 2019-16797 Federal Communications Federal Communications Commission RULES Business Data Services in an Internet Protocol Environment, 38566-38579 2019-16897 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38626-38630 2019-16893 2019-16894 2019-16895 2019-16896 Federal Deposit Federal Deposit Insurance Corporation NOTICES Termination of Receiverships, 38630 2019-16804 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 38563-38566 2019-16806 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 38615-38616, 38619-38621 2019-16848 2019-16851 Environmental Impact Statements;

Availability, etc.: Venture Global Delta LNG, LLC and Venture Global Delta Express, LLC; Delta LNG and Delta Express Pipeline Project, 38621-38624 2019-16861 Filing: Orlando Utilities Commission, 38615 2019-16849 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Wilton Wind Energy II, LLC, 38619 2019-16845 License Application: Bangor-Pacific Hydro Associates, 38618-38619 2019-16847 Mendocino County Inland Water Agency and Power Commission, Sonoma County Water Agency, California Trout, Inc., County of Humboldt, CA, 38616-38617 2019-16852 Preliminary Determination of a Qualifying Conduit Hydropower Facility:

Wallowa Resources Community Solutions, Inc., 38617-38618 2019-16846 Federal Financial Federal Financial Institutions Examination Council NOTICES Temporary Waiver Relief: Appraisal Subcommittee, 38630-38633 2019-16908 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Texas; Proposed Highway Projects, 38720-38722 2019-16397 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38722-38723 2019-16906 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38633-38634 2019-16889 Establishment of a Public Docket: Evaluating the Clinical Pharmacology of Oligonucleotide Therapeutics, 38634-38636 2019-16880 Report on the Performance of Drug and Biologics Firms in Conducting Postmarketing Requirements and Commitments, 38638-38639 2019-16878 Request for Nominations: Nonvoting Industry Representatives on the Vaccines and Related Biological Products Advisory Committee, 38634 2019-16877 Revocation of Authorization of Emergency Use of an In Vitro Diagnostic Device for Detection and/or Diagnosis of Zika Virus, 38636-38638 2019-16881 Food and Nutrition Food and Nutrition Service NOTICES Child and Adult Care Food Program:

National Average Payment Rates, Day Care Home Food Service Payment Rates, and Administrative Reimbursement Rates for Sponsoring Organizations of Day Care Homes for the Period July 1, 2019 Through June 30, 2020, 38594-38596 2019-16907 National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates, 38590-38594 2019-16903 Foreign Assets Foreign Assets Control Office RULES Iranian Financial Sanctions Regulations and Iranian Human Rights Abuses Sanctions Regulations, 38545-38551 2019-16842 General Services General Services Administration RULES Federal Acquisition Regulation, 38838-38839 2019-16407 Federal Acquisition Regulation:

Federal Acquisition Circular 2019-04; Introduction, 38836 2019-16405 Federal Acquisition Circular 2019-04; Small Entity Compliance Guide, 38839 2019-16408 Ombudsman for Indefinite-Delivery Contracts, 38836-38838 2019-16406 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Enrollment and Re-Certification of Entities in the 340B Drug Pricing Program, 38639-38642 2019-16872 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Interior Interior Department See Land Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38723-38724 2019-16803 International Trade Adm International Trade Administration NOTICES Determination of Sales at Less Than Fair Value:

Carbon and Alloy Steel Threaded Rod From Thailand, 38597-38599 2019-16888 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Fresh Tomatoes From Mexico, 38643-38644 2019-16918 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38644-38646 2019-16807 2019-16873 2019-16874 Labor Department Labor Department See Mine Safety and Health Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Meetings:

San Juan Islands National Monument Advisory Committee, 38642-38643 2019-16910 Mine Mine Safety and Health Administration NOTICES Petitions for Modification: Application of Existing Mandatory Safety Standards, 38646-38671 2019-16839 2019-16840 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation, 38838-38839 2019-16407 Federal Acquisition Regulation: Federal Acquisition Circular 2019-04; Introduction, 38836 2019-16405 Federal Acquisition Circular 2019-04;

Small Entity Compliance Guide, 38839 2019-16408 Ombudsman for Indefinite-Delivery Contracts, 38836-38838 2019-16406 National Archives National Archives and Records Administration NOTICES Records Schedules, 38674-38675 2019-16843 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Baldrige Performance Excellence Program Team Leader Consensus and Site Visit Information Collections, 38600-38601 2019-16883 Invention Disclosure and Inventor Information Collection, 38599-38600 2019-16882 National Institute National Institutes of Health NOTICES Charter Renewal:

Center for Scientific Review Advisory Council, 38642 2019-16825 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: BroadbandUSA Webinar Series, 38601-38602 2019-16890 Multistakeholder Process on Promoting Software Component Transparency, 38602-38603 2019-16891 Navy Navy Department NOTICES Meetings: Board of Visitors of Marine Corps University, 38604 2019-16869 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements;

Availability, etc.: Exelon Generation Company, LLC Peach Bottom Atomic Power Station, Units 2 and 3, 38676-38677 2019-16794 Reactor Oversight Process Enhancement Initiative, 38675-38676 2019-16876 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 38677-38678 2019-16871 Postal Service Postal Service NOTICES Product Change: Priority Mail Express and Priority Mail Negotiated Service Agreement, 38678 2019-16827 Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 38678 2019-16826 Presidential Documents Presidential Documents EXECUTIVE ORDERS Venezuela;

Blocking Government Property (EO 13884), 38841-38845 2019-17052 Securities Securities and Exchange Commission NOTICES Meetings: Small Business Capital Formation Advisory Committee, 38688-38689 2019-16901 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 38689-38696 2019-16855 Cboe BZX Exchange, Inc., Cboe BYX Exchange, Inc., NYSE Chicago, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., et al., 38679-38688 2019-16819 ICE Clear Europe, Ltd., 38689 2019-16853 New York Stock Exchange, LLC, 38696-38700 2019-16859 NYSE American, LLC, 38704-38708 2019-16857 NYSE Arca, Inc., 38708-38712 2019-16856 NYSE National, Inc., 38700-38703 2019-16858 The Nasdaq Stock Market, LLC, 38704 2019-16854 Small Business Small Business Administration NOTICES Disaster Declaration:

Idaho, 38713-38714 2019-16865 Kansas, 38712 2019-16866 Minnesota, 38713 2019-16864 Major Disaster Declaration; Public Assistance Only: Missouri, 38712-38713 2019-16867 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38714-38715 2019-16805 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Advisory Committee for Women's Services, 38642 2019-16831 Surface Transportation Surface Transportation Board RULES Regulations Governing Fees for Services Performed in Connection With Licensing and Related Services—2019 Update, 38579-38582 2019-16738 Susquehanna Susquehanna River Basin Commission NOTICES Grandfathering Registration, 38715 2019-16820 Meetings, 38715 2019-16816 Projects Approved for Consumptive Uses of Water, 38716-38717 2019-16817 Projects Rescinded for Consumptive Uses of Water, 38716 2019-16818 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusions:

China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 38717-38718 2019-16886 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38724-38725 2019-16359 2019-16360 Veteran Affairs Veterans Affairs Department RULES Committal Services, Memorial Services and Funeral Honors, 38556-38558 2019-16915 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38671-38674 2019-16069 2019-16838 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 38728-38833 2019-16485 Part III Defense Department, 38836-38839 2019-16407 2019-16405 2019-16408 2019-16406 General Services Administration, 38836-38839 2019-16407 2019-16405 2019-16408 2019-16406 National Aeronautics and Space Administration, 38836-38839 2019-16407 2019-16405 2019-16408 2019-16406 Part IV Presidential Documents, 38841-38845 2019-17052 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 84 152 Wednesday, August 7, 2019 Rules and Regulations DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Parts 561 and 562 Iranian Financial Sanctions Regulations and Iranian Human Rights Abuses Sanctions Regulations AGENCY:

Office of Foreign Assets Control, Treasury. ACTION: Final rule. SUMMARY: The Department of the Treasury's Office of Foreign Assets Control

(OFAC)is amending the Iranian Financial Sanctions Regulations, changing the heading of the Iranian Human Rights Abuses Sanctions Regulations to the Iranian Sector and Human Rights Abuses Sanctions Regulations, and amending the renamed Iranian Sector and Human Rights Abuses Sanctions Regulations to implement Executive Order 13871 of May 8, 2019 (“Imposing Sanctions With Respect to the Iron, Steel, Aluminum and Copper Sectors of Iran”). DATES: *Effective Date:* August 7, 2019. 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 August 16, 2010, OFAC issued the Iranian Financial Sanctions Regulations, 31 CFR part 561 (75 FR 49836, August 16, 2010)

(IFSR)to implement provisions of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Pub. L. 111-195) (22 U.S.C. 8501-8551). Since then, OFAC has amended the IFSR several times. On February 11, 2011, OFAC issued the Iranian Human Rights Abuses Sanctions Regulations, 31 CFR part 562 (76 FR 7695, February 11, 2011) (Iranian Human Rights Regulations) to implement Executive Order 13553 of September 28, 2010 (75 FR 60567, October 1, 2010) (E.O. 13553). The Iranian Human Rights Regulations were published in abbreviated form for the purpose of providing immediate guidance to the public. OFAC amended the Iranian Human Rights Regulations on June 30, 2011 (76 FR 38534, June 30, 2011). On May 8, 2019, the President, invoking the authority of, *inter alia,* the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) (IEEPA), issued Executive Order 13871 (84 FR 20761, May 10, 2019) (E.O. 13871). In E.O. 13871, the President found that it remains the policy of the United States to deny Iran all paths to both a nuclear weapon and intercontinental ballistic missiles, and to counter the totality of Iran's malign influence in the Middle East. He also found it is the policy of the United States to deny the Iranian government revenue, including revenue derived from the export of products from Iran's iron, steel, aluminum, and copper sectors, that may be used to provide funding and support for the proliferation of weapons of mass destruction, terrorist groups and networks, campaigns of regional aggression, and military expansion. In light of these findings, the President issued E.O. 13871 in order to take further steps with respect to the national emergency declared with respect to the actions and polices of the Government of Iran in Executive Order 12957 of March 15, 1995 (60 FR 14615, March 17, 1995), and to supplement the authorities provided in the Iran Freedom and Counter-Proliferation Act of 2012 (subtitle D of title XII of Pub. L. 112-239). Section 1(a) of E.O. 13871 blocks, with certain exceptions, all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any U.S. person of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State:

(i)To be operating in the iron, steel, aluminum, or copper sector of Iran, or to be a person that owns, controls, or operates an entity that is part of the iron, steel, aluminum, or copper sector of Iran;

(ii)to have knowingly engaged, on or after May 8, 2019, in a significant transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the iron, steel, aluminum, or copper sectors of Iran;

(iii)to have knowingly engaged, on or after May 8, 2019, in a significant transaction for the purchase, acquisition, sale, transport, or marketing of iron, iron products, aluminum, aluminum products, steel, steel products, copper, or copper products from Iran;

(iv)to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any person whose property and interests in property are blocked pursuant to section 1 of E.O. 13871; or

(v)to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to section 1 of E.O. 13871. The property and interests in property of the persons described above may not be transferred, paid, exported, withdrawn, or otherwise dealt in. Section 2(a) of E.O. 13871 authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to impose certain sanctions on a foreign financial institution

(FFI)upon determining the FFI has, on or after May 8, 2019, knowingly conducted or facilitated any significant financial transaction:

(i)For the sale, supply, or transfer to Iran of significant goods or services used in connection with the iron, steel, aluminum, or copper sectors of Iran;

(ii)for the purchase, acquisition, sale, transport, or marketing of iron, iron products, aluminum, aluminum products, steel, steel products, copper, or copper products from Iran; or

(iii)for or on behalf of any person whose property and interests in property are blocked pursuant to E.O. 13871. Section 2(b) of E.O. 13871 provides that, with respect to any FFI determined to meet any of the criteria section 2(a)(i) through

(iii)of E.O. 13871, the Secretary of the Treasury may prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or payable-through account by such FFI. In Section 3 of E.O. 13871, the President determined that the making of donations of certain articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, as specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)), by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to E.O. 13871 would seriously impair his ability to deal with the national emergency declared in E.O. 12957. The President therefore prohibited the donation of such items unless authorized by OFAC. Section 4 of E.O. 13871 provides that the prohibition on any transaction or dealing in blocked property or interests in property includes the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to E.O. 13871 and the receipt of any contribution or provision of funds, goods, or services from any such person. Section 6 of E.O. 13871 prohibits any transaction that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in E.O. 13871, as well as any conspiracy formed to violate such prohibitions. Section 7 of E.O. 13871 exempts transactions for the conduct of the official business of the Federal Government or the United Nations (including its specialized agencies, programmes, funds, and related organizations) by employees, grantees, or contractors thereof. Section 10 of E.O. 13871 authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, as may be necessary to carry out the purposes of E.O. 13871. Section 10 of E.O. 13871 also provides that the Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. Section 12 of E.O. 13871 states that the measures taken pursuant to E.O. 13871 are in response to actions of the Government of Iran occurring after the conclusion of the 1981 Algiers Accords, and are intended solely as a response to those later actions. As set forth in more detail below, OFAC is implementing the correspondent or payable-through account sanctions set forth in section 2 of E.O. 13871 in the IFSR, 31 CFR part 561, and the blocking sanctions set forth in section 1 of E.O. 13871 in the Iranian Human Rights Regulations, 31 CFR part 562. Additionally, OFAC is renaming the Iranian Human Rights Regulations, 31 CFR part 562, as the Iranian Sector and Human Rights Abuses Sanctions Regulations (ISHR). Amendments to the IFSR OFAC is redesignating the existing § 561.205 as § 561.220 and adding a new § 561.205 to subpart B of the IFSR to implement the correspondent account or payable-through account sanctions in section 2 of E.O. 13871. Additionally, in subpart C, which defines key terms used throughout the IFSR, OFAC is adding new §§ 561.331 through 561.339 to provide definitions of aluminum, aluminum products, aluminum sector of Iran, copper, copper products, copper sector of Iran, iron, iron products, steel, steel products, iron sector of Iran, and steel sector of Iran. OFAC also is making conforming edits to § 561.301, relating to the effective date of applicable prohibitions, § 561.403, relating to facilitation, § 561.404, relating to determinations of significance, § 561.504, relating to an authorization for transactions related to closing a correspondent or payable-through account, and § 561.802, relating to the delegation of authority by the Secretary of the Treasury. Changing the Heading of the Iranian Human Rights Regulations to the Iranian Sector and Human Rights Abuses Sanctions Regulations and Amending the Newly Renamed Regulations OFAC is changing the heading of the Iranian Human Rights Abuses Regulations, 31 CFR part 562, to the Iranian Sector and Human Rights Abuses Sanctions Regulations

(ISHR)and amending the renamed regulations to implement section 1 of E.O. 13871. OFAC is adding a new § 562.204 to the ISHR to implement the blocking sanctions in section 1 of E.O. 13871. In subpart C of the ISHR, which defines key terms used throughout the ISHR, OFAC is adding new §§ 562.312 through 562.320 to provide definitions of aluminum, aluminum products, aluminum sector of Iran, copper, copper products, copper sector of Iran, iron, iron products, steel, steel products, iron sector of Iran, and steel sector of Iran. The definitions are the same as the corresponding definitions that are being added to the IFSR. In subpart D of the ISHR, which contains interpretive sections, OFAC is adding § 562.407 setting forth the types of factors that, as a general matter, the Secretary of the Treasury will consider in determining, for purposes of section 1(a)(ii) and 1(a)(iii) of Executive Order 13871, whether transactions are significant. OFAC also is making conforming edits to § 562.302, relating to the effective dates of applicable prohibitions, and § 562.802, relating to the delegation of authorities by the Secretary of the Treasury. Finally, the text of E.O. 13871 is being added to part 562 as appendix B. OFAC intends to supplement part 562 with a more comprehensive set of regulations, which may include additional interpretative and definitional guidance and additional general licenses and statements of licensing policy. Public Participation Because the amendment of the IFSR and the ISHR involves a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date, as well as the provisions of Executive Order 13771, are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply. Paperwork Reduction Act The collections of information related to § 561.601 of the IFSR and to the ISHR are contained in OFAC's Reporting, Procedures and Penalties Regulations, 31 CFR part 501. Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of information have been approved by the Office of Management and Budget

(OMB)under control number 1505-0164. The collection of information in section 561.504 of the IFSR has been approved by OMB under control number 1505-0243. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. List of Subjects 31 CFR Part 561 Administrative practice and procedure, Aluminum, Banks, banking, Copper, correspondent account, Foreign Financial Institution, Iran, Iron, Metals, Payable-through account, Sanctions, Steel. 31 CFR Part 562 Administrative practice and procedure, Aluminum, Banks, banking, Blocking of assets, Copper, Iran, Iron, Metals, Sanctions, Steel. For the reasons set forth in the preamble, the Department of the Treasury's Office of Foreign Assets Control amends 31 CFR chapter V as follows: PART 561—IRANIAN FINANCIAL SANCTIONS REGULATIONS 1. The authority citation for part 561 is revised to read as follows: Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note); Pub. L. 111-195, 124 Stat. 1312 (22 U.S.C. 8501-8551); Pub. L. 112-81, 125 Stat. 1298 (22 U.S.C. 8513a); Pub. L. 112-158, 126 Stat. 1214 (22 U.S.C. 8701-8795); E.O. 12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 13553, 75 FR 60567, 3 CFR, 2010 Comp., p. 253; E.O. 13599, 77 FR 6659, 3 CFR, 2012 Comp., p. 215; E.O. 13846, 83 FR 38939; E.O. 13871, 84 FR 20761. Subpart B—Prohibitions § 561.205 [Redesignated as § 561.220] 2. Redesignate § 561.205 as § 561.220. 3. Add new § 561.205 to read as follows: § 561.205 Metals-related sanctions on certain foreign financial institutions.

(a)*Imposition of sanctions.* Subject to the exemptions set forth in paragraph

(d)of this section, upon a determination by the Secretary of the Treasury, in consultation with the Secretary of State, that a foreign financial institution has, on or after May 8, 2019, knowingly engaged in one or more of the activities described in paragraph

(b)of this section, the Secretary of the Treasury may:

(1)Prohibit U.S. financial institutions from opening a correspondent account or a payable-through account in the United States for the foreign financial institution with respect to which the determination has been made; and either (2)(i) Prohibit U.S. financial institutions from maintaining a correspondent account or a payable-through account in the United States for the foreign financial institution with respect to which the determination has been made; or

(ii)Impose one or more strict conditions on the maintaining of a correspondent account or payable-through account in the United States for the foreign financial institution with respect to which the determination has been made. Note 1 to paragraph (a): The name of any foreign financial institution with respect to which a determination has been made pursuant to this paragraph (a), along with the relevant sanctions to be imposed (prohibition(s) and/or strict condition(s)), will be added to the List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions (CAPTA List), which is maintained on the Office of Foreign Assets Control's website ( *www.treasury.gov/ofac* ), and published in the **Federal Register** . Note 2 to paragraph (a): *See* § 561.203(b) for examples of strict conditions that might be imposed, pursuant to paragraph (a)(2)(ii) of this section, on the maintaining of a correspondent account or payable-through account for a foreign financial institution with respect to which the Secretary of the Treasury's determination has been made.

(b)*Sanctionable activity.* A foreign financial institution has engaged in an activity described in this paragraph if it knowingly conducted or facilitated, on or after May 8, 2019, any significant financial transaction:

(1)For the sale, supply, or transfer to Iran of significant goods or services used in connection with the iron, steel, aluminum, or copper sectors of Iran;

(2)For the purchase, acquisition, sale, transport, or marketing of iron, iron products, aluminum, aluminum products, steel, steel products, copper, or copper products from Iran; or

(3)For or on behalf of any person whose property and interests in property are blocked pursuant to Executive Order 13871.

(c)*Prohibitions.*

(1)A U.S. financial institution shall not open a correspondent account or payable-through account in the United States for a foreign financial institution for which the opening of such an account is prohibited pursuant to paragraph (a)(1) of this section.

(2)A U.S. financial institution shall not maintain a correspondent account or payable-through account in the United States for a foreign financial institution for which the maintaining of such an account is prohibited pursuant to paragraph (a)(2)(i) of this section.

(3)A U.S. financial institution shall not maintain a correspondent account or payable-through account in the United States for a foreign financial institution in a manner that is inconsistent with any strict condition imposed and in effect pursuant to paragraph (a)(2)(ii) of this section.

(4)The prohibitions in paragraphs (c)(1) through (c)(3) of this section apply except to the extent provided by regulations, orders, directives, or licenses that may be issued pursuant to this part, and notwithstanding any contract entered into or any license or permit granted prior to the effective date.

(d)*Exempt activity.* Nothing in this section shall apply to transactions for the conduct of the official business of the Federal Government or the United Nations (including its specialized agencies, programmes, funds, and related organizations) by employees, grantees, or contractors thereof. Subpart C—General Definitions 4. In § 561.301, revise paragraph

(a)and add new paragraph

(d)to read as follows: § 561.301 Effective date.

(a)The effective date of a prohibition or condition imposed pursuant to §§ 561.201, 561.203, 561.204, or 561.205 on the opening or maintaining of a correspondent account or a payable-through account in the United States by a U.S. financial institution for a particular foreign financial institution is the earlier of the date the U.S. financial institution receives actual or constructive notice of such prohibition or condition.

(d)For the purposes of this section, *constructive notice* is the date that notice of the blocking of the relevant person's property and interests in property is published in the **Federal Register** . 5. Add § 561.331 through § 561.337 to read as follows: Sec. 561.331 Aluminum, Aluminum products. 561.332 Aluminum sector of Iran. 561.333 Copper, Copper products. 561.334 Copper sector of Iran. 561.335 Iron, Iron products, Steel, Steel products. 561.336 Iron sector of Iran. 561.337 Steel sector of Iran. § 561.331 Aluminum, Aluminum products. The terms *aluminum* and *aluminum products* mean any raw, semi-fabricated, fabricated, or finished form of aluminum or aluminum alloy of all grades, sizes, and thicknesses, including in the following forms: Ores and concentrates ( *e.g.,* bauxite and alumina); unwrought aluminum including ingots, slabs, and billets; powders and flakes; wrought aluminum including bars, rods, profiles, plates, sheets, strip, foil, tubes, and pipes; tube or pipe fittings; reservoirs, tanks, vats, and similar containers; wire, stranded wire, ropes, cables, and plaited band; castings, stampings, and forgings; waste and scrap, including slag, and any aluminum and aluminum products produced from the melting or recycling of aluminum scrap. § 561.332 Aluminum sector of Iran. The term *aluminum sector of Iran* means the mining, refining, processing, or manufacturing of aluminum or aluminum products in Iran. § 561.333 Copper, Copper products. The terms *copper* and *copper products* mean any raw, semi-fabricated, fabricated, or finished form of copper or copper alloy of all grades, sizes, and thicknesses, including in the following forms: Ores and concentrates; copper mattes, cement copper (precipitated copper); refined, unrefined, wrought, or unwrought copper; billets; cathodes; bars, rods, profiles, plates, sheets, strips, foil, tubes, and pipes; tube and pipe fittings; powders and flakes; reservoirs, tanks, vats, and similar containers; wire, stranded wire, ropes, cables, and plaited band; castings, stampings, and forgings; and waste and scrap, including slag. § 561.334 Copper sector of Iran. The term *copper sector of Iran* means the mining, refining, processing, or manufacturing of copper or copper products in Iran. § 561.335 Iron, Iron products, Steel, Steel products. The terms *iron, iron products, steel,* and *steel products* mean any raw, semi-fabricated, fabricated, or finished form of iron, iron alloy, alloy steel, non-alloy steel, ferroalloys, pig iron, and spiegeleisen of all grades, sizes, and thicknesses, whether or not clad, plated, or coated, including in the following forms: Iron ores and concentrates including roasted iron pyrites; pigs and blocks; ferrous products obtained by direct reduction of iron ore and other spongy ferrous products, in lumps or pellets; granules and powders; ingots, blooms billets, slabs, and beam blanks; flat-rolled products (plates, sheets, strips, and foils) either cut-to-length or in coils; bars, and rods; structural profiles (beams, channels, angles, and other shapes); sheet piling; railway or tramway track construction materials; tubes, pipes, and hollow profiles; tube or pipe fittings; reservoirs, tanks, vats, and similar containers; wire, stranded wire, ropes, cables, and plaited band; castings, stampings, and forgings; and ferrous waste and scrap, including slag. § 561.336 Iron sector of Iran. The term *iron sector of Iran* means the mining, refining, processing, or manufacturing of iron or iron products in Iran. § 561.337 Steel sector of Iran. The term *steel sector of Iran* means the iron-ore smelting, ferrous-scrap melting, refining, processing, or manufacturing of steel or steel products in Iran. Subpart D—Interpretations 6. Revise § 561.403 to read as follows: § 561.403 Facilitation of certain efforts, activities, or transactions by foreign financial institutions. For purposes of §§ 561.201, 561.203, 561.204, and 561.205, the term *facilitate* or *facilitated* used with respect to certain efforts, activities, or transactions refers to the provision of assistance by a foreign financial institution for those efforts, activities, or transactions, including the provision of currency, financial instruments, securities, or any other transmission of value; purchasing; selling; transporting; swapping; brokering; financing; approving; guaranteeing; or the provision of other services of any kind; or the provision of personnel; or the provision of software, technology, or goods of any kind. 7. In § 561.404, revise the introductory paragraph to read as follows: § 561.404 Significant transaction or transactions; significant financial services; significant financial transaction. In determining, for purposes of paragraph (a)(5) of § 561.201, whether a transaction is significant, whether transactions are significant, or whether financial services are significant, or, for purposes of paragraph

(a)of § 561.203, paragraph

(b)of § 561.204, and paragraph

(b)of § 561.205 whether a financial transaction is significant, the Secretary of the Treasury may consider the totality of the facts and circumstances. As a general matter, the Secretary may consider some or all of the following factors: Subpart E—Licenses, Authorizations, and Statements of Licensing Policy 8. In § 561.504, revise the introductory paragraph to read as follows: § 561.504 Transactions related to closing a correspondent account or payable-through account.

(a)During the 10-day period beginning on the effective date of the prohibition in § 561.201(c), § 561.203(c)(2), § 561.204(c)(2), § 561.205(a), or § 561.205(c) on the maintaining of a correspondent account or a payable-through account for a foreign financial institution whose name is added to the List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions (CAPTA List), which is maintained on the Office of Foreign Assets Control's website ( *www.treasury.gov/ofac* ), U.S. financial institutions that maintain correspondent accounts or payable-through accounts for the foreign financial institution are authorized to: Subpart H—Procedures 9. Revise § 561.802 to read as follows: § 561.802 Delegation of certain authorities of the Secretary of the Treasury. Any action that the Secretary of the Treasury is authorized to take pursuant to subsections 104(c), (d), (h), or (i), or section 104A of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Pub. L. 111-195) (22 U.S.C. 8501-8551), as amended by the Iran Threat Reduction and Syria Human Rights Act of 2012 (Pub. L. 112-158) (22 U.S.C. 8701-8795), pursuant to Executive Order 13553 of September 28, 2010 (75 FR 60567, October 1, 2010), Executive Order 13599 of February 5, 2012 (77 FR 6659, February 8, 2012), Executive Order 13846 of August 6, 2018 (83 FR 38939, August 7, 2018), Executive Order 13871 of May 8, 2019 (84 FR 20761, May 10, 2019), or any further Executive order relating to the national emergency declared in Executive Order 12957 of March 15, 1995, and any action of the Secretary of the Treasury described in this part, may be taken by the Director of the Office of Foreign Assets Control or by any other person to whom the Secretary of the Treasury has delegated authority so to act. PART 562—IRANIAN SECTOR AND HUMAN RIGHTS ABUSES SANCTIONS REGULATIONS 10. Revise the heading of Part 562 to read as set forth above: 11. The authority citation for part 562 is revised to read as follows: Authority: 3 U.S.C. 301; 18 U.S.C. 2332d; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651, 1701-1706; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note); Pub. L. 111-195, 124 Stat. 1312 (22 U.S.C. 8501-8551); E.O. 12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 13553, 75 FR 60567, October 1, 2010; E.O. 13871, 84 FR 20761, May 10, 2019. Subpart B-Prohibitions 12. Revise § 562.201 to read as follows: § 562.201 Prohibited transactions.

(a)All transactions prohibited pursuant to Executive Order 13553 are also prohibited pursuant to this part.

(b)All transactions prohibited pursuant to sections 1 and 6 of Executive Order 13871 are also prohibited pursuant to this part. Note 1 to paragraph (b): Section 2 of Executive Order 13871 is implemented in section 561.205 of the Iranian Financial Sanctions Regulations, 31 CFR part 561. Note 1 to § 562.201: The names of persons listed in or designated pursuant to Executive Order 13553, whose property and interests in property therefore are blocked pursuant to this section, are published in the **Federal Register** and incorporated into the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List (“SDN List”) with the identifier “[IRAN-HR].” The names of persons designated pursuant to section 1 of Executive Order 13871, whose property and interests in property therefore are blocked pursuant to this section, are published in the **Federal Register** and incorporated into the SDN List with the identifier “[IRAN-EO13871].” The SDN List is accessible through the following page on the Office of Foreign Assets Control's website: *http://www.treasury.gov/sdn.* Additional information pertaining to the SDN List can be found in appendix A to this chapter. *See* § 562.406 concerning entities that may not be listed on the SDN List but whose property and interests in property are nevertheless blocked pursuant to this section. Note 2 to § 562.201: The International Emergency Economic Powers Act (50 U.S.C. 1701-1706), in Section 203 (50 U.S.C. 1702), authorizes the blocking of property and interests in property of a person during the pendency of an investigation. The names of persons whose property and interests in property are blocked pending investigation pursuant to Executive Order 13553 also are published in the **Federal Register** and incorporated into the SDN List with the identifier “[BPI-IRAN-HR].” The names of persons whose property and interests in property are blocked pending investigation pursuant to Executive Order 13871 also are published in the **Federal Register** and incorporated into the SDN List with the identifier “[BPI-IRAN-EO13871].” Note 3 to § 562.201: Sections 501.806 and 501.807 of this chapter describe the procedures to be followed by persons seeking, respectively, the unblocking of funds that they believe were blocked due to mistaken identity, or administrative reconsideration of their status as persons whose property and interests in property are blocked pursuant to this section. Subpart C—General Definitions 13. Revise § 562.302 to read as follows: § 562.302 Effective date.

(a)The term *effective date* refers to the effective date of the applicable prohibitions and directives contained in this part as follows:

(1)With respect to a person listed in the Annex to Executive Order 13553, 12:01 a.m. eastern daylight time, September 29, 2010;

(2)With respect to a person whose property and interests in property are otherwise blocked pursuant to Executive Order 13553, the earlier of the date of actual or constructive notice that such person's property and interests in property are blocked; and

(3)With respect to a person whose property and interests in property are blocked pursuant to Executive Order 13871, the earlier of the date of actual or constructive notice that such person's property and interests in property are blocked.

(b)For the purposes of this section, *constructive notice* is the date that a notice of the blocking of the relevant person's property and interests in property is published in the **Federal Register** . 14. Add § 562.312 through § 562.318 to read as follows: Sec. 562.312 Aluminum, Aluminum products. 562.313 Aluminum sector of Iran. 562.314 Copper, Copper products. 562.315 Copper sector of Iran. 562.316 Iron, Iron products, Steel, Steel products. 562.317 Iron sector of Iran. 562.318 Steel sector of Iran. § 562.312 Aluminum, Aluminum products. The terms *aluminum* and *aluminum products* mean any raw, semi-fabricated, fabricated, or finished form of aluminum or aluminum alloy of all grades, sizes, and thicknesses, including in the following forms: Ores and concentrates ( *e.g.,* bauxite and alumina); unwrought aluminum including ingots, slabs, and billets; powders and flakes; wrought aluminum including bars, rods, profiles, plates, sheets, strip, foil, tubes, and pipes; tube or pipe fittings; reservoirs, tanks, vats, and similar containers; wire, stranded wire, ropes, cables, and plaited band; castings, stampings, and forgings; waste and scrap, including slag, and any aluminum and aluminum products produced from the melting or recycling of aluminum scrap. § 562.313 Aluminum sector of Iran. The term *aluminum sector of Iran* means the mining, refining, processing, or manufacturing of aluminum or aluminum products in Iran. § 562.314 Copper, Copper products. The terms *copper* and *copper products* mean any raw, semi-fabricated, fabricated, or finished form of copper or copper alloy of all grades, sizes, and thicknesses, including in the following forms: Ores and concentrates; copper mattes, cement copper (precipitated copper); refined, unrefined, wrought, or unwrought copper; billets; cathodes; bars, rods, profiles, plates, sheets, strips, foil, tubes, and pipes; tube and pipe fittings; powders and flakes; reservoirs, tanks, vats, and similar containers; wire, stranded wire, ropes, cables, and plaited band; castings, stampings, and forgings; and waste and scrap, including slag. § 562.315 Copper sector of Iran. The term *copper sector of Iran* means the mining, refining, processing, or manufacturing of copper or copper products in Iran. § 562.316 Iron, Iron products, Steel, Steel products. The terms *iron, iron products,* *steel,* and *steel products* mean any raw, semi-fabricated, fabricated, or finished form of iron, iron alloy, alloy steel, non-alloy steel, ferroalloys, pig iron, and spiegeleisen of all grades, sizes, and thicknesses, whether or not clad, plated, or coated, including in the following forms: Iron ores and concentrates, including roasted iron pyrites; pigs and blocks; ferrous products obtained by direct reduction of iron ore and other spongy ferrous products, in lumps or pellets; granules and powders; ingots, blooms billets, slabs, and beam blanks; flat-rolled products (plates, sheets, strips, and foils) either cut-to-length or in coils; bars and rods; structural profiles (beams, channels, angles, and other shapes); sheet piling; railway or tramway track construction materials; tubes, pipes, and hollow profiles; tube or pipe fittings; reservoirs, tanks, vats, and similar containers; wire, stranded wire, ropes, cables, and plaited band; castings, stampings, and forgings; and ferrous waste and scrap, including slag. § 562.317 Iron sector of Iran. The term *iron sector of Iran* means the mining, refining, processing, or manufacturing of iron or iron products in Iran. § 562.318 Steel sector of Iran. The term *steel sector of Iran* means the iron-ore smelting, ferrous-scrap melting, refining, processing, or manufacturing of steel or steel products in Iran. Subpart D—Interpretations 15. Add § 562.407 to read as follows: § 562.407 Significant transaction or transactions. In determining, for purposes of section 1(a)(ii) and 1(a)(iii) of Executive Order 13871, whether a transaction is significant, the Secretary of the Treasury may consider the totality of the facts and circumstances. As a general matter, the Secretary may consider some or all of the following factors:

(a)*Size, number, and frequency.* The size, number, and frequency of transactions performed, over a period of time, including whether the transactions are increasing or decreasing over time and the rate of increase or decrease.

(b)*Nature.* The nature of the transaction(s), or the goods or services for sale, supply, or transfer, including the type, complexity, and commercial purpose of the transaction(s), or the goods or services for sale, supply, or transfer.

(c)*Level of Awareness; Pattern of Conduct.*

(1)Whether the transaction(s) is performed with the involvement or approval of management or only by clerical personnel; and

(2)Whether the transaction(s) is part of a pattern of conduct or the result of a business development strategy.

(d)*Nexus.* The proximity between the person that engaged in the transaction(s) and the activity described in sections 1(a)(ii) and

(iii)of Executive Order 13871.

(e)*Impact.* The impact of the transaction(s) on the objectives of Executive Order 13871, including the economic or other benefit conferred or attempted to be conferred on Iran or the iron, steel, aluminum, and copper sectors of Iran.

(f)*Deceptive practices.* Whether the transaction(s) involves an attempt to obscure or conceal the actual parties or true nature of the transaction(s), or to evade sanctions.

(g)*Other relevant factors.* Such other factors that the Secretary deems relevant on a case-by-case basis in determining the significance of a transaction(s) or the sale, supply, or transfer of goods or services. Subpart H—Procedures 16. Revise § 562.802 to read as follows: § 562.802 Delegation of certain authorities of the Secretary of the Treasury. Any action that the Secretary of the Treasury is authorized to take pursuant to Executive Order 13553 of September 28, 2010 (75 FR 60567, October 1, 2010), Executive Order 13871 of May 8, 2019 (84 FR 20761, May 10, 2019) and any further Executive orders relating to the national emergency declared in Executive Order 12957 of March 17, 1995, may be taken by the Director of Office of Foreign Assets Control or by any other person to whom the Secretary of the Treasury has delegated authority so to act. 17. Add appendix B to part 562 to read as follows: Appendix B to Part 562—Executive Order 13871 of May 8, 2019 Executive Order 13871 of May 8, 2019 Imposing Sanctions With Respect to the Iron, Steel, Aluminum, and Copper Sectors of Iran 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.* ) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 *et seq.* ), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, DONALD J. TRUMP, President of the United States of America, find that: It remains the policy of the United States to deny Iran all paths to both a nuclear weapon and intercontinental ballistic missiles, and to counter the totality of Iran's malign influence in the Middle East. It is also the policy of the United States to deny the Iranian government revenue, including revenue derived from the export of products from Iran's iron, steel, aluminum, and copper sectors, that may be used to provide funding and support for the proliferation of weapons of mass destruction, terrorist groups and networks, campaigns of regional aggression, and military expansion. In light of these findings and in order to take further steps with respect to the national emergency declared in Executive Order 12957 of March 15, 1995, and to supplement the authorities provided in the Iran Freedom and Counter-Proliferation Act of 2012 (subtitle D of title XII of Public Law 112-239), I hereby order: **Section 1.**

(a)All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State:

(ii)to have knowingly engaged, on or after the date of this order, in a significant transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the iron, steel, aluminum, or copper sectors of Iran;

(iii)to have knowingly engaged, on or after the date of this order, in a significant transaction for the purchase, acquisition, sale, transport, or marketing of iron, iron products, aluminum, aluminum products, steel, steel products, copper, or copper products from Iran;

(iv)to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of any person whose property and interests in property are blocked pursuant to this section; or

(b)The prohibitions in this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. **Sec. 2.**

(a)The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to impose on a foreign financial institution the sanctions described in subsection

(b)of this section upon determining that the foreign financial institution has, on or after the date of this order, knowingly conducted or facilitated any significant financial transaction:

(i)For the sale, supply, or transfer to Iran of significant goods or services used in connection with the iron, steel, aluminum, or copper sectors of Iran;

(ii)for the purchase, acquisition, sale, transport, or marketing of iron, iron products, aluminum, aluminum products, steel, steel products, copper, or copper products from Iran; or

(iii)for or on behalf of any person whose property and interests in property are blocked pursuant to this order.

(b)With respect to any foreign financial institution determined by the Secretary of the Treasury in accordance with this section to meet any of the criteria set forth in subsection (a)(i) through (a)(iii) of this section, the Secretary of the Treasury may prohibit the opening, and prohibit or impose strict conditions on maintaining, in the United States of a correspondent account or payable-through account by such foreign financial institution.

(c)The prohibitions in subsection

(b)of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted before the date of this order. **Sec. 3.** I hereby determine that the making of donations of the types of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in Executive Order 12957, and I hereby prohibit such donations as provided by this section. **Sec. 4.** The prohibitions in section 1 of this order include:

(a)The making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to subsection

(a)of that section; and

(b)the receipt of any contribution or provision of funds, goods, or services from any such person. **Sec. 5.** The unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in subsection 1(a) of this order would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is therefore hereby suspended. Such persons shall be treated as persons covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions). **Sec. 6.**

(a)Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this order is prohibited.

(b)Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. **Sec. 7.** Nothing in this order shall apply to transactions for the conduct of the official business of the Federal Government or the United Nations (including its specialized agencies, programmes, funds, and related organizations) by employees, grantees, or contractors thereof. **Sec. 8.** For the purposes of this order:

(a)The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;

(b)the term “foreign financial institution” means any foreign entity that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, commodity futures or options, or procuring purchasers and sellers thereof, as principal or agent. It includes, but is not limited to, depository institutions, banks, savings banks, money service businesses, trust companies, securities brokers and dealers, commodity futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, dealers in precious metals, stones, or jewels, and holding companies, affiliates, or subsidiaries of any of the foregoing. The term does not include the international financial institutions identified in 22 U.S.C. 262r(c)(2), the International Fund for Agricultural Development, the North American Development Bank, or any other international financial institution so notified by the Secretary of the Treasury;

(c)the term “Government of Iran” includes the Government of Iran, any political subdivision, agency, or instrumentality thereof, including the Central Bank of Iran, and any person owned or controlled by, or acting for or on behalf of, the Government of Iran;

(d)the term “Iran” means the Government of Iran and the territory of Iran and any other territory or marine area, including the exclusive economic zone and continental shelf, over which the Government of Iran claims sovereignty, sovereign rights, or jurisdiction, provided that the Government of Iran exercises partial or total de facto control over the area or derives a benefit from economic activity in the area pursuant to international arrangements;

(e)the term “knowingly,” with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result;

(f)the term “person” means an individual or entity; and

(g)the term “United States person” means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. **Sec. 9.** For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 12957, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. **Sec. 10.** The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including adopting rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to implement this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All agencies shall take all appropriate measures within their authority to implement this order. **Sec. 11** .

(a)Nothing in this order shall be construed to impair or otherwise affect:

(i)The authority granted by law to an executive department or agency, or the head thereof; or

(ii)the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)This order is 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, its departments, agencies, or entities, its officers, employees, or agents, or any other person. **Sec. 12.** The measures taken pursuant to this order are in response to actions of the Government of Iran occurring after the conclusion of the 1981 Algiers Accords, and are intended solely as a response to those later actions. Donald J. Trump THE WHITE HOUSE, May 8, 2019. Dated: August 1, 2019. Andrea Gacki, Director, Office of Foreign Assets Control. [FR Doc. 2019-16842 Filed 8-6-19; 8:45 am]

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