DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 590

UNITA (Angola) Sanctions Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

SUMMARY: The Office of Foreign Assets Control of the U.S. Treasury Department
is issuing the UNITA (Angola) Sanctions Regulations to implement the
President's declaration of a national emergency and imposition of sanctions
against the National Union for the Total Independence of Angola ("UNITA'').

EFFECTIVE DATE: December 10, 1993.

FOR FURTHER INFORMATION CONTACT: John T. Roth, Chief of Policy Planning and
Program Management (tel: 202/622Ä2500), Steven I. Pinter, Chief of Licensing
(tel: 202/622Ä2480), or William B. Hoffman, Chief Counsel, (tel.:
202/622Ä2410), Office of Foreign Assets Control, Department of the Treasury,
Washington, DC 20220.

SUPPLEMENTARY INFORMATION:

Electronic Availability

This document is available as an electronic file on The Federal Bulletin Board
the day of publication in the Federal Register. By modem dial 202/512Ä1387 or
call 202/512Ä1530 for disks or paper copies. This file is available in
Postscript, WordPerfect 5.1 and ASCII.

Background

On September 26, 1993, the President issued Executive Order 12865, declaring a
national emergency with respect to Angola, and invoking the authority, inter
alia, of the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) and the United Nations Participation Act of 1945 (22 U.S.C. 287c).
Consistent with United Nations Security Council Resolution 864, dated
September 15, 1993, the order prohibits the sale or supply by United States
persons or from the United States, or using U.S. registered vessels or
aircraft, of arms and related materiel of all types, including weapons and
ammunition, military vehicles, equipment and spare parts, and petroleum and
petroleum products to the territory of Angola other than through designated
points of entry. It also prohibits such sale or supply to UNITA. U.S. persons
are prohibited from activities which promote or are calculated to promote such
sales or supplies, or from attempted violations, or from evasion or avoidance
or transactions that have the purpose of evasion or avoidance, of the stated
prohibitions. The order authorizes the Secretary of the Treasury, in
consultation with the Secretary of State, to take such actions, including the
promulgation of rules and regulations, as may be necessary to carry out the
purposes of the order.

In implementation of this order, the Treasury Department is issuing the UNITA
(Angola) Sanctions Regulations (the "Regulations'').

The Regulations prohibit the sale or supply by United States persons or from
the United States, or using U.S. registered vessels or aircraft, of arms and
related materiel of all types, including weapons and ammunition, military
vehicles, equipment and spare parts, and petroleum and petroleum products to
UNITA or to the territory of Angola other than through designated points. U.S.
persons are also prohibited from activities which promote or are calculated to
promote such sales or supplies to UNITA or Angola, or from any transaction by
any United States person that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set forth in the
executive order. Also prohibited are transactions by U.S. persons, or
involving the use of U.S.-registered vessels or aircraft, relating to
transportation to Angola or UNITA of goods the exportation of which is
prohibited.

Transactions otherwise prohibited under this part may be authorized by a
general license contained in subpart E or by a specific license issued
pursuant to the procedures described in  590.801 of subpart H.

Since the Regulations involve a foreign affairs function, Executive Order
12866 and the provisions of the Administrative Procedure Act (5 U.S.C. 553)
requiring notice of proposed rulemaking, opportunity for public participation,
and delay in effective date, are inapplicable. Because no notice of proposed
rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) does not apply.

The Regulations are being issued without prior notice and public procedure
pursuant to the Administrative Procedure Act. For this reason, the collections
of information contained in the Regulations are being submitted to the Office
of Management and Budget ("OMB'') under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.). Comments concerning the collection of information
and the accuracy of estimated average annual burden, and suggestions for
reducing this burden should be directed to OMB, Paperwork Reduction Project
1505Ä****, Washington, DC 20503, with copies to the Office of Foreign Assets
Control, U.S. Treasury Department, 1500 Pennsylvania Ave., NW Annex,
Washington, DC 20220. Any such comments should be submitted not later than
February 8, 1994. Notice of OMB action on these requests will be published in
the Federal Register.

The collections of information in the Regulations are contained in subpart F,
and  590.703 and 590.801. This information is required by the Office of
Foreign Assets Control for licensing, compliance, civil penalty and
enforcement purposes. This information will be used to determine the
eligibility of applicants for the benefits provided through specific licenses,
to determine whether persons subject to the Regulations are in compliance with
applicable requirements, and to determine whether and to what extent civil
penalty or other enforcement action is appropriate. The likely respondents and
recordkeepers are business organizations.

Estimated total annual reporting and/or recordkeeping burden: 100 hours.

The estimated annual burden per respondent/recordkeeper varies from 30 minutes
to 2 hours, depending on individual circumstances, with an estimated average
of 1 hour.

Estimated number of respondents and/or recordkeepers: 50.

Estimated annual frequency of responses: 1 - 3.

List of Subjects in 31 CFR Part 590

Administrative practice and procedure, Angola, Exports, Foreign trade,
National Union for the Total Independence of Angola, Penalties, Reporting and
recordkeeping requirements, Shipping, UNITA, Vessels.

For the reasons set forth in the preamble, 31 CFR part 590 is added to read as
follows:

PART 590 UNITA (ANGOLA) SANCTIONS REGULATIONS

Subpart A Relation of this Part to Other Laws and Regulations

Sec.

590.101 Relation of this part to other laws and regulations.

Subpart B Prohibitions

590.201 Prohibited sale or supply of arms, arms materiel, petroleum or
petroleum products to UNITA or Angola.

590.202 Prohibited transportation-related transactions involving Angola or
UNITA.

590.203 Evasions; attempts.

Subpart C General Definitions

590.301 Effective date.

590.302 License.

590.303 General license.

590.304 Specific license.

590.305 Person.

590.306 Entity.

590.307 National Union for the Total Independence of Angola, or UNITA.

590.308 United States.

590.309 United States person; U.S. person.

590.310 UNSC Resolution 864.

590.311 Petroleum and Petroleum Products

590.312 Arms and Related Materiel

Subpart D Interpretations

590.401 Reference to amended sections.

590.402 Effect of amendment.

590.403 Payments in connection with certain authorized transactions.

590.404 Transshipments through the United States prohibited.

590.405 Exports to third countries; transshipments.

590.406 Agency jurisdiction; licensing requirements.

590.407 Transactions incidental to a licensed transaction.

Subpart E Licenses, Authorizations and Statements of Licensing Policy

590.501 Effect of license or authorization.

590.502 Exclusion from licenses and authorizations.

Subpart F Reports

590.601 Required records.

590.602 Reports to be furnished on demand.

Subpart G Penalties

590.701 Penalties.

590.702 Prepenalty notice.

590.703 Presentation responding to prepenalty notice.

590.704 Penalty notice.

590.705 Referral to United States Department of Justice.

Subpart H Procedures

590.801 Licensing.

590.802 Decisions.

590.803 Amendment, modification, or revocation.

590.804 Rulemaking.

590.805 Delegation by the Secretary of the Treasury.

590.806 Rules governing availability of information.

Subpart I Paperwork Reduction Act

590.901 [Reserved].

Appendix A to part 590 Arms and Related Materiel.

Authority: 50 U.S.C. 1701Ä1706; 50 U.S.C. 1601Ä1651; 22 U.S.C. 287c; 3 U.S.C.
301; E.O. 12865, 58 FR 51005 (September 29, 1993).

Subpart A Relation of This Part to Other Laws and Regulations

 590.101 Relation of this part to other laws and regulations.

(a) This part is separate from, and independent of, the other parts of this
chapter. Differing foreign policy and national security contexts may result in
differing interpretations of similar language among the parts of this chapter.
No license or authorization contained in or issued pursuant to those other
parts authorizes any transaction prohibited by this part. No license or
authorization contained in or issued pursuant to any other provision of law or
regulation authorizes any transaction prohibited by this part.

(b) No license or authorization contained in or issued pursuant to this part
relieves the involved parties from complying with any other applicable laws or
regulations.

Subpart B Prohibitions

 590.201 Prohibited sale or supply of arms, arms materiel, petroleum or
petroleum products to UNITA or Angola.

Except as otherwise authorized pursuant to this part, the sale or supply by
United States persons or from the United States, or any activity by United
States persons or in the United States which promotes or is calculated to
promote the sale or supply, of arms and related materiel of all types,
including weapons and ammunition, military vehicles and equipment and spare
parts, and petroleum and petroleum products, are prohibited, regardless of
origin, to:

(a) UNITA; or

(b) the territory of Angola, other than through points of entry designated by
the Secretary of the Treasury in the following schedule:

(1) Airports:

(i) Luanda

(ii) Katumbela, Benguela Province

(2) Ports:

(i) Luanda

(ii) Lobito, Benguela Province

(iii) Namibe, Namibe Province

(3) Entry Points:

(i) Malongo, Cabinda

(ii) [Reserved].

 590.202 Prohibited transportation-related transactions involving Angola or
UNITA.

Except as otherwise authorized, any transaction by a U.S. person, or involving
the use of U.S. registered vessels or aircraft, relating to transportation to
Angola or UNITA of goods the exportation of which is prohibited in  590.201
is prohibited.

 590.203 Evasions; attempts.

Any transaction for the purpose of, or which has the effect of, evading or
avoiding, or which facilitates the evasion or avoidance of, any of the
prohibitions set forth in this subpart, is hereby prohibited. Any attempt to
violate the prohibitions set forth in this part is hereby prohibited.

Subpart C General Definitions

 590.301 Effective date.

The term "effective date'' refers to the effective date of the applicable
prohibitions and directives contained in subpart B as follows:

(a) With respect to  590.201, 590.202, and 590.203, 4:35 p.m. EDT, September
26, 1993.

(b) [Reserved].

 590.302 License.

Except as otherwise specified, the term "license'' means any license or
authorization contained in or issued pursuant to this part.

 590.303 General license.

The term "general license'' means any license or authorization the terms of
which are set forth in this subpart E.

 590.304 Specific license.

The term "specific license'' means any license or authorization not set forth
in subpart E but issued pursuant to this part in response to an application.

 590.305 Person.

The term "person'' means an individual or entity.

 590.306 Entity.

The term "entity'' includes a corporation, partnership, association, or other
organization.

 590.307 National Union for the Total Independence of Angola, or UNITA.

The term "National Union for the Total Independence of Angola'' or "UNITA''
includes:

(a) Any entity, political subdivision, agency, or instrumentality of UNITA,
including without limitation:

(1) the Uniao Nacional para a Independencia Total de Angola (UNITA), known in
English as the "National Union for the Total Independence of Angola;''

(2) the Forcas Armadas para a Liberacao de Angola (FALA), known in English as
the "Armed Forces for the Liberation of Angola;'' and

(3) the Free Angola Information Services, Inc.

(b) Any person or entity substantially owned or controlled by the foregoing;

(c) Any person to the extent that such person is, or has been, or to the
extent that there is reasonable cause to believe that such person is, or has
been, since the effective date, acting or purporting to act directly or
indirectly on behalf of any of the foregoing; and

(d) Any other person or entity determined by the Director of the Office of
Foreign Assets Control to be included within this section.

 590.308 United States.

The term "United States'' means the United States, its territories and
possessions, and all areas under the jurisdiction or authority thereof.

 590.309 United States person; U.S. person.

The term "United States person'' or "U.S. person'' means any United States
citizen; permanent resident alien; juridical person 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, and vessels and aircraft
of U.S. registration.

 590.310 UNSC Resolution 864.

The term "UNSC Resolution 864'' means United Nations Security Council
Resolution No. 864, adopted September 15, 1993, prohibiting certain
transactions with respect to Angola.

 590.311 Petroleum and petroleum products.

The term "petroleum and petroleum products'' means items listed in 15 CFR part
777, supplements 2 and 3, of the Export Administration Regulations.

 590.312 Arms and related materiel.

The term "arms and related materiel'' means items listed in appendix A to this
part, all items listed on the Commerce Control List ending with the number
"18'', 15 CFR 799.1, supplement 1, and any item controlled under the
International Traffic in Arms Regulations, 22 CFR parts 120 through 130.

Subpart D Interpretations

 590.401 Reference to amended sections.

Except as otherwise specified, reference to any section of this part or to any
regulation, ruling, order, instruction, direction, or license issued pursuant
to this part shall be deemed to refer to the same as currently amended.

 590.402 Effect of amendment.

Any amendment, modification, or revocation of any section of this part or of
any order, regulation, ruling, instruction, or license issued by or under the
direction of the Director of the Office of Foreign Assets Control shall not,
unless otherwise specifically provided, be deemed to affect any act done or
omitted from being done, or any civil or criminal suit or proceeding commenced
or pending prior to such amendment, modification, or revocation. All
penalties, forfeitures, and liabilities under any such order, regulation,
ruling, instruction, or license shall continue and may be enforced as if such
amendment, modification, or revocation had not been made.

 590.403 Payments in connection with certain authorized transactions.

Except as otherwise specified, payments are authorized in connection with
transactions authorized in or pursuant to subpart E.

 590.404 Transshipments through the United States prohibited.

The prohibitions in  590.201 apply to the importation into the United States
for transshipment or transit of goods, the sale or supply of which to Angola
or UNITA is prohibited by  590.201.

 590.405 Exports to third countries; transshipments.

Exportation of arms and related materiel of all types, including weapons and
ammunition, military vehicles and equipment and spare parts, and petroleum and
petroleum products from the United States to third countries is prohibited if
the exporter knows, or has reason to know, that the goods are intended for
reexportation or transshipment to Angola (except to a point of entry
designated by the Secretary in  590.201) or to UNITA, including passage
through, or storage in, intermediate destinations.

 590.406 Agency jurisdiction; licensing requirements.

(a) Nothing in this part shall be construed to supersede the requirements
established under the Arms Export Control Act (22 U.S.C. 2751 et seq.) and the
Export Administration Act (50 U.S.C. App. 2401 et seq.) to obtain licenses for
the exportation from the United States or from a third country of any goods,
data, or services subject to the export jurisdiction of the Department of
State or the Department of Commerce.

(b) Exports to Angola through points of entry designated by the Secretary in
the schedule in  590.201 and not consigned to or destined for UNITA do not
require a license from the Office of Foreign Assets Control, but may require
licensing by the Department of State or Department of Commerce in accordance
with the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.)
and the Export Administration Act (50 U.S.C. App. 2401 et seq.)

 590.407 Transactions incidental to a licensed transaction.

(a) Any transaction ordinarily incident to a transaction authorized by the
Office of Foreign Assets Control and necessary to give effect thereto is also
authorized, except to the extent subject to the export jurisdiction of the
Department of State or Department of Commerce.

(b) Example: A license issued by the Office of Foreign Assets Control
authorizing an exportation of arms to Angola also authorizes all activities by
other parties required to complete the sale, including transactions by the
buyer, brokers, transfer agents, banks, etc.

Subpart E Licenses, Authorizations, and Statements of Licensing Policy

 590.501 Effect of license or authorization.

(a) No license or other authorization contained in this part, or otherwise
issued by or under the direction of the Director of the Office of Foreign
Assets Control, shall be deemed to authorize or validate any transaction
effected prior to the issuance of the license, unless specifically provided in
such license or authorization.

(b) No regulation, ruling, instruction, or license authorizes any transaction
prohibited under this part unless the regulation, ruling, instruction, or
license is issued by the Office of Foreign Assets Control and specifically
refers to this part. No regulation, ruling, instruction, or license referring
to this part shall be deemed to authorize any transaction prohibited by any
provision of this chapter unless the regulation, ruling, instruction or
license specifically refers to such provision.

(c) Any regulation, ruling, instruction, or license authorizing any
transaction otherwise prohibited under this part has the effect of removing a
prohibition or prohibitions contained in subpart B from the transaction, but
only to the extent specifically stated by its terms. Unless the regulation,
ruling, instruction, or license otherwise specifies, such an authorization
does not create any right, duty, obligation, claim, or interest in, or with
respect to, any property which would not otherwise exist under ordinary
principles of law.

 590.502 Exclusion from licenses and authorizations.

The Director of the Office of Foreign Assets Control reserves the right to
exclude any person, property, or transaction from the operation of any
license, or from the privileges therein conferred, or to restrict the
applicability thereof with respect to particular persons, property,
transactions, or classes thereof. Such action shall be binding upon all
persons receiving actual or constructive notice of such exclusion or
restriction.

Subpart F Reports

 590.601 Required records.

Except as otherwise provided, every person engaging in any transaction subject
to the provisions of this part shall keep a full and accurate record of each
transaction engaged in, regardless of whether such transaction is effected
pursuant to license or otherwise, and such record shall be available for
examination for at least 5 years after the date of such transaction.

 590.602 Reports to be furnished on demand.

Every person is required to furnish under oath, in the form of reports or
otherwise, from time to time and at any time as may be required, complete
information relative to any transaction, regardless of whether such
transaction is effected pursuant to license or otherwise, subject to the
provisions of this part. Such reports may be required to include the
production of any books of account, contracts, letters or other papers,
connected with any such transaction or property, in the custody or control of
the person required to make such reports. Reports with respect to transactions
may be required either before or after such transactions are completed. The
Director of the Office of Foreign Assets Control may, through any person or
agency, conduct investigations, hold hearings, administer oaths, examine
witnesses, receive evidence, take depositions, and require by subpoena the
attendance and testimony of witnesses and the production of all books, papers,
and documents relating to any matter under investigation, regardless of
whether any report has been required or filed in connection therewith.

Subpart G Penalties

 590.701 Penalties.

(a) Attention is directed to section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705), which provides that a civil penalty of
not to exceed $10,000 may be imposed on any person who violates any license,
order, or regulation issued under the International Emergency Economic Powers
Act, and whoever willfully violates any license, order, or regulation issued
under the International Emergency Economic Powers Act, shall, upon conviction,
be fined not more than $50,000, or, if a natural person, may be imprisoned for
not more than 10 years, or both; and any officer, director, or agent of any
corporation who knowingly participates in such violation may be punished by a
like fine, imprisonment, or both. Section 206 of the International Emergency
Economic Powers Act is applicable to violations of any provision of this part
and to violations of the provisions of any license, ruling, regulation, order,
direction, or instruction issued by or pursuant to the direction or
authorization of the Secretary of the Treasury pursuant to this part or
otherwise under the International Emergency Economic Powers Act. The penalties
provided in the International Emergency Economic Powers Act are subject to
increase pursuant to 18 U.S.C. 3571 and Public Law 101Ä410, 101 Stat. 890 (28
U.S.C. 2461 note).

(b) Attention is directed to section 5 of the United Nations Participation Act
(22 U.S.C. 287c(b)), which provides that any person who willfully violates or
evades or attempts to violate or evade any order, rule, or regulation issued
by the President pursuant to the authority granted in that section shall, upon
conviction, be fined not more than $10,000 or, if a natural person, be
imprisoned for not more than 10 years, or both; and the officer, director or
agent of any corporation who knowingly participates in such violation or
evasion shall be punished by a similar fine, imprisonment or both, and any
property, funds, securities, papers, or other articles or documents, or any
vessel, together with tackle, apparel, furniture, and equipment, or vehicle,
or aircraft, concerned in such violation shall be forfeited to the United
States. The penalties provided in the United Nations Participation Act are
subject to increase pursuant to 18 U.S.C. 3571.

(c) Attention is directed to 18 U.S.C. 1001, which provides that whoever, in
any matter within the jurisdiction of any department or agency of the United
States, knowingly and willfully falsifies, conceals or covers up by any trick,
scheme, or device a material fact, or makes any false, fictitious or
fraudulent statement or representation or makes or uses any false writing or
document knowing the same to contain any false, fictitious or fraudulent
statement or entry, shall be fined not more than $10,000 or imprisoned not
more than 5 years, or both.

(d) Violations of this part may also be subject to relevant provisions of the
Customs laws and other applicable laws.

 590.702 Prepenalty notice.

(a) When required. If the Director of the Office of Foreign Assets Control has
reasonable cause to believe that there has occurred a violation of any
provision of this part or a violation of the provisions of any license,
ruling, regulation, order, direction or instruction issued by or pursuant to
the direction or authorization of the Secretary of the Treasury pursuant to
this part or otherwise under the International Emergency Economic Powers Act,
and the Director determines that further proceedings are warranted, he shall
issue to the person concerned a notice of his intent to impose a monetary
penalty. The prepenalty notice shall be issued whether or not another agency
has taken any action with respect to this matter.

(b) Contents (1) Facts of violation. The prepenalty notice shall describe the
violation, specify the laws and regulations allegedly violated, and state the
amount of the proposed monetary penalty.

(2) Right to make presentations. The prepenalty notice also shall inform the
person of his right to make a written presentation within 30 days of mailing
of the notice as to why a monetary penalty should not be imposed, or, if
imposed, why it should be in a lesser amount than proposed.

 590.703 Presentation responding to prepenalty notice.

(a) Time within which to respond. The named person shall have 30 days from the
date of mailing of the prepenalty notice to make a written presentation to the
Director of the Office of Foreign Assets Control.

(b) Form and contents of written presentation. The written presentation need
not be in any particular form, but shall contain information sufficient to
indicate that it is in response to the prepenalty notice. It should contain
responses to the allegations in the prepenalty notice and set forth the
reasons why the person believes the penalty should not be imposed or, if
imposed, why it should be in a lesser amount than proposed.

 590.704 Penalty notice.

(a) No violation. If, after considering any presentations made in response to
the prepenalty notice and any relevant facts, the Director of the Office of
Foreign Assets Control determines that there was no violation by the person
named in the prepenalty notice, he promptly shall notify the person in writing
of that determination and that no monetary penalty will be imposed.

(b) Violation. If, after considering any presentations made in response to the
prepenalty notice, the Director determines that there was a violation by the
person named in the prepenalty notice, he promptly shall issue a written
notice of the imposition of the monetary penalty to that person.

 590.705 Referral to United States Department of Justice.

In the event that the person named does not pay the penalty imposed pursuant
to this subpart or make payment arrangements acceptable to the Director of the
Office of Foreign Assets Control within 30 days of the mailing of the written
notice of the imposition of the penalty, the matter shall be referred for
administrative collection measures by the Department of the Treasury or to the
United States Department of Justice for appropriate action to recover the
penalty in a civil suit in a Federal district court.

Subpart H Procedures

 590.801 Licensing.

(a) General licenses. General licenses may be issued authorizing under
appropriate terms and conditions certain types of transactions which are
subject to the prohibitions contained in subpart B of this part. It is the
policy of the Office of Foreign Assets Control not to grant applications for
specific licenses authorizing transactions to which the provisions of an
outstanding general license are applicable. Persons availing themselves of
certain general licenses may be required to file reports and statements in
accordance with the instructions specified in those licenses.

(b) Specific licenses (1) General course of procedure. Transactions subject to
the prohibitions contained in subpart B of this part which are not authorized
by general license may be effected only under specific licenses.

(2) Applications for specific licenses. Applications for specific licenses to
engage in any transactions prohibited by or pursuant to this part may be filed
by letter with the Office of Foreign Assets Control. Any person having an
interest in a transaction or proposed transaction may file an application for
a license authorizing such transaction, but the applicant for a specific
license is required to make full disclosure of all parties in interest to the
transaction so that a decision on the application may be made with full
knowledge of all relevant facts and so that the identity and location of the
persons who know about the transaction may be easily ascertained in the event
of inquiry.

(3) Information to be supplied. The applicant must supply all information
specified by relevant instructions and/or forms, and must fully disclose the
names of all the parties who are concerned with or interested in the proposed
transaction. If the application is filed by an agent, the agent must disclose
the name of his principal(s). Such documents as may be relevant shall be
attached to each application as a part of such application except that
documents previously filed with the Office of Foreign Assets Control may,
where appropriate, be incorporated by reference. Applicants may be required to
furnish such further information as is deemed necessary to a proper
determination by the Office of Foreign Assets Control. Any applicant or other
party in interest desiring to present additional information or discuss or
argue the application may do so at any time before or after decision.
Arrangements for oral presentation should be made with the Office of Foreign
Assets Control.

(4) Effect of denial. The denial of a license does not preclude the reopening
of an application or the filing of a further application. The applicant or any
other party in interest may at any time request explanation of the reasons for
a denial by correspondence or personal interview.

(5) Reports under specific licenses. As a condition for the issuance of any
license, the licensee may be required to file reports with respect to the
transaction covered by the license, in such form and at such times and places
as may be prescribed in the license or otherwise.

(6) Issuance of license. Licenses will be issued by the Office of Foreign
Assets Control acting on behalf of the Secretary of the Treasury or licenses
may be issued by the Secretary of the Treasury acting directly or through any
specifically designated person, agency, or instrumentality.

(7) Address. License applications, reports, and inquiries should be addressed
to the appropriate division or individual within the Office of Foreign Assets
Control, or to the Director, Office of Foreign Assets Control, U.S. Treasury
Department, 1500 Pennsylvania Ave., NW Annex, Washington, DC 20220.

 590.802 Decisions.

The Office of Foreign Assets Control will advise each applicant of the
decision respecting filed applications. The decision of the Office of Foreign
Assets Control acting on behalf of the Secretary of the Treasury with respect
to an application shall constitute final agency action.

 590.803 Amendment, modification, or revocation.

The provisions of this part and any rulings, licenses, whether general or
specific, authorizations, instructions, orders, or forms issued hereunder may
be amended, modified, or revoked at any time.

 590.804 Rulemaking.

(a) All rules and other public documents are issued by the Secretary of the
Treasury upon recommendation of the Director of the Office of Foreign Assets
Control. In general, rulemaking by the Office of Foreign Assets Control
involves foreign affairs functions of the United States, and for that reason
is exempt from the requirements under the Administrative Procedure Act (5
U.S.C. 553) for notice of proposed rulemaking, opportunity for public comment,
and delay in effective date. Wherever possible, however, it is the practice of
the Office of Foreign Assets Control to receive written submissions or hold
informal consultations with interested parties before the issuance of any rule
or other public document.

(b) Any interested person may petition the Director of the Office of Foreign
Assets Control in writing for the issuance, amendment, or repeal of any rule.

 590.805 Delegation by the Secretary of the Treasury.

Any action which the Secretary of the Treasury is authorized to take pursuant
to Executive Order 12865 or any further Executive orders relating to the
national emergency declared in Executive Order 12865 may be taken by the
Director, Office of Foreign Assets Control.

 590.806 Rules governing availability of information.

(a) The records of the Office of Foreign Assets Control which are required by
5 U.S.C. 552 to be made available to the public shall be made available in
accordance with the definitions, procedures, payment of fees, and other
provisions of the regulations on the Disclosure of Records of the Office of
the Secretary and of other bureaus and offices of the Treasury Department
issued pursuant to 5 U.S.C. 552 and published at 31 CFR part 1.

(b) Any form issued for use in connection with the UNITA (Angola) Transactions
Regulations may be obtained in person or by writing to the Office of Foreign
Assets Control, U.S. Treasury Department, 1500 Pennsylvania Ave., NW Annex,
Washington, DC 20220, or by calling 202/622Ä2480.

Subpart I Paperwork Reduction Act

 590.901 [Reserved].

Appendix A to Part 590 Arms and Related Materiel

(1) Spindle assemblies, consisting of spindles and bearings as a minimal
assembly, except those assemblies with axial and radial axis motion measured
along the spindle axis in one revolution of the spindle equal to or greater
(coarser) than the following: (a) 0.0008 mm TIR (peak-to-peak) for lathes and
turning machines; or (b) D x 2 x 10(Ä5) mm TIR (peak-to-peak) where D is the
spindle diameter in millimeters for milling machines, boring mills, jig
grinders, and machining centers (ECCNs 2B01 and 2B41);

(2) Equipment for the production of military explosives and solid propellants,
as follows:

(a) Complete installations; and

(b) Specialized components (for example, dehydration presses; extrusion
presses for the extrusion of small arms, cannon and rocket propellants;
cutting machines for the sizing of extruded propellants; sweetie barrels
(tumblers) 6 feet and over in diameter and having over 500 pounds product
capacity; and continuous mixers for solid propellants) (ECCN 1B18);

(3) Specialized machinery, equipment, gear, and specially designed parts and
accessories therefor, specially designed for the examination, manufacture,
testing, and checking of the arms, appliances, machines, and implements of war
(ECCN 2B18), ammunition hand-loading equipment for both cartridges and shotgun
shells, and equipment specially designed for manufacturing shotgun shells
(ECCN 2B85).

(4) Construction equipment built to military specifications, specially signed
for airborne transport (ECCN No. 8A18);

(5) Vehicles specially designed for military purposes, as follows:

(a) Specially designed military vehicles, excluding vehicles listed in
supplement 2 to 15 CFR part 770 (ECCN 9A18);

(b) Pneumatic tire casings (excluding tractor and farm implement types), of a
kind specially constructed to be bulletproof or to run when deflated (ECCN
9A18);

(c) Engines for the propulsion of the vehicles enumerated above, specially
designed or essentially modified for military use (ECCN 9A18); and

(d) Specially designed components and parts to the foregoing (ECCN 9A18);

(6) Pressure refuellers, pressure refuelling equipment, and equipment
specially designed to facilitate operations in confined areas and ground
equipment, not elsewhere specified, developed specially for aircraft and
helicopters, and specially designed parts and accessories, n.e.s. (ECCN 9A18);

(7) Specifically designed components and parts for ammunition, except
cartridge cases, powder bags, bullets, jackets, cores, shells, projectiles,
boosters, fuses and components, primers, and other detonating devices and
ammunition belting and linking machines (ECCN 0A18);

(8) Nonmilitary shotguns, barrel length 18 inches or over; and nonmilitary
arms, discharge type (for example, stun-guns, shock batons, etc.), except arms
designed solely for signal, flare, or saluting use; and parts, n.e.s. (ECCN
0A84);

(9) Shotgun shells, and parts (ECCN 0A86);

(10) Military parachutes (ECCN 9A18);

(11) Submarine and torpedo nets (ECCN 8A18);

(12) Bayonets and muzzle-loading (black powder) firearms (ECCN 0A18).

Dated: November 23, 1993

R. Richard Newcomb,

Director, Office of Foreign Assets Control.

Approved: November 29, 1993

John P. Simpson

Deputy Assistant Secretary (Regulatory, Tariff & Trade Enforcement).

[FR Doc. 93Ä30159 Filed 12Ä7Ä93; 9:38 am]

BILLING CODE 4810Ä25ÄF