Publication of Russia Harmful Activities Sanctions Regulations Web General Licenses 99A, 100A, and 102

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Federal RegisterSep 6, 2024
89 Fed. Reg. 72719 (Sep. 6, 2024)
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    Department of the Treasury Office of Foreign Assets Control
  • 31 CFR Part 587
  • AGENCY:

    Office of Foreign Assets Control, Treasury.

    ACTION:

    Publication of web general licenses.

    SUMMARY:

    The Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing three general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GLs 99A, 100A, and 102, each of which was previously made available on OFAC's website.

    DATES:

    GLs 99A and 100A were issued on August 2, 2024. See SUPPLEMENTARY INFORMATION for additional relevant dates.

    FOR FURTHER INFORMATION CONTACT:

    OFAC: Assistant Director for Licensing, 202-622-2480; Assistant Director for Regulatory Affairs, 202-622-4855; or Assistant Director for Compliance, 202-622-2490.

    SUPPLEMENTARY INFORMATION:

    Electronic Availability

    This document and additional information concerning OFAC are available on OFAC's website: https://ofac.treasury.gov.

    Background

    On August 2, 2024, OFAC issued GLs 99A and 100A to authorize certain transactions otherwise prohibited by the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR). These GLs supersede GLs 99 and 100, respectively, and have expiration dates of October 12, 2024. On August 12, 2024, OFAC issued GL 102, authorizing transactions otherwise prohibited by the RuHSR and expiring November 12, 2024. Each GL was made available on OFAC's website ( https://ofac.treasury.gov ) when it was issued. The text of these GLs is provided below.

    OFFICE OF FOREIGN ASSETS CONTROL

    Russian Harmful Foreign Activities Sanctions Regulations

    31 CFR Part 587

    GENERAL LICENSE NO. 99A

    Authorizing the Wind Down of Transactions and Certain Transactions Related to Debt or Equity of, or Derivative Contracts Involving, MOEX, NCC, or NSD

    (a) Except as provided in paragraph (f) of this general license, all transactions prohibited by Executive Order (E.O.) 14024 that are ordinarily incident and necessary to the wind down of any transaction involving one or more of the following blocked entities are authorized through 12:01 a.m. eastern daylight time, October 12, 2024, provided that any payment to a blocked person is made into a blocked account in accordance with the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR):

    (1) Moscow Exchange (MOEX);

    (2) National Clearing Center (NCC);

    (3) Non-Bank Credit Institution Joint Stock Company National Settlement Depository (NSD); and

    (4) Any entity in which one or more of the above persons own, directly or indirectly, individually or in the aggregate, a 50 percent or greater interest.

    (b) Except as provided in paragraphs (e) and (f) of this general license, all transactions prohibited by E.O. 14024 that are ordinarily incident and necessary to the divestment or transfer, or the facilitation of the divestment or transfer, of debt or equity issued or guaranteed by any of the blocked entities identified in paragraph (a) (“Covered Debt or Equity”) to a non-U.S. person are authorized through 12:01 a.m. eastern daylight time, October 12, 2024.

    (c) Except as provided in paragraph (f) of this general license, all transactions prohibited by E.O. 14024 that are ordinarily incident and necessary to facilitating, clearing, and settling trades of Covered Debt or Equity that were placed prior to 4:00 p.m. eastern daylight time, June 12, 2024 are authorized through 12:01 a.m. eastern daylight time, October 12, 2024.

    (d) Except as provided in paragraph (f) of this general license, all transactions prohibited by E.O. 14024 that are ordinarily incident and necessary to the wind down of derivative contracts entered into prior to 4:00 p.m. eastern daylight time June 12, 2024 that (i) include a blocked person described in paragraph (a) of this general license as a counterparty or (ii) are linked to Covered Debt or Equity are authorized through 12:01 a.m. eastern daylight time, October 12, 2024, provided that any payments to a blocked person are made into a blocked account in accordance with the RuHSR.

    (e) Paragraph (b) of this general license does not authorize:

    (1) U.S. persons to sell, or to facilitate the sale of, Covered Debt or Equity to, directly or indirectly, any person whose property and interests in property are blocked; or

    (2) U.S. persons to purchase or invest in, or to facilitate the purchase of or investment in, directly or indirectly, Covered Debt or Equity, other than purchases of or investments in Covered Debt or Equity ordinarily incident and necessary to the divestment or transfer of Covered Debt or Equity as described in paragraph (b) of this general license.

    (f) This general license does not authorize:

    (1) Any transactions prohibited by Directive 2 under E.O. 14024, Prohibitions Related to Correspondent or Payable-Through Accounts and Processing of Transactions Involving Certain Foreign Financial Institutions;

    (2) Any transactions prohibited by Directive 4 under E.O. 14024, Prohibitions Related to Transactions Involving the Central Bank of the Russian Federation, the National Wealth Fund of the Russian Federation, and the Ministry of Finance of the Russian Federation; or

    (3) Any transactions otherwise prohibited by the RuHSR, including transactions involving any person blocked pursuant to the RuHSR other than the blocked persons described in paragraph (a) of this general license, unless separately authorized.

    (g) Effective August 2, 2024, General License No. 99, dated June 12, 2024, is replaced and superseded in its entirety by this General License No. 99A.

    Bradley T. Smith,

    Director, Office of Foreign Assets Control.

    Dated: August 2, 2024.

    OFFICE OF FOREIGN ASSETS CONTROL

    Russian Harmful Foreign Activities Sanctions Regulations

    31 CFR Part 587

    GENERAL LICENSE NO. 100A

    Authorizing Certain Transactions Related to Debt or Equity or the Conversion of Currencies Involving MOEX, NCC, or NSD

    (a) Except as provided in paragraph (b) of this general license, all transactions prohibited by Executive Order (E.O.) 14024 that are ordinarily incident and necessary to the divestment of debt or equity to a non-U.S. person, who is not a person whose property or interests in property are blocked, or the conversion of currencies, involving one or more of the following blocked entities that is acting solely as a securities, trade, or settlement depository, central counterparty or clearing house, or public trading market, are authorized through 12:01 a.m. eastern daylight time, October 12, 2024:

    (1) Moscow Exchange (MOEX);

    (2) National Clearing Center (NCC);

    (3) Non-Bank Credit Institution Joint Stock Company National Settlement Depository (NSD); and

    (4) Any entity in which one or more of the above persons own, directly or indirectly, individually or in the aggregate, a 50 percent or greater interest.

    (b) This general license does not authorize:

    (1) Any transactions prohibited by Directive 2 under E.O. 14024, Prohibitions Related to Correspondent or Payable-Through Accounts and Processing of Transactions Involving Certain Foreign Financial Institutions;

    (2) Any transactions prohibited by Directive 4 under E.O. 14024, Prohibitions Related to Transactions Involving the Central Bank of the Russian Federation, the National Wealth Fund of the Russian Federation, and the Ministry of Finance of the Russian Federation; or

    (3) Any transactions otherwise prohibited by the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR), including transactions involving any person blocked pursuant to the RuHSR other than the blocked persons described in paragraph (a) of this general license, unless separately authorized.

    (c) Effective August 2, 2024, General License No. 100, dated June 12, 2024, is replaced and superseded in its entirety by this General License No. 100A.

    Bradley T. Smith,

    Director, Office of Foreign Assets Control.

    Dated: August 2, 2024.

    OFFICE OF FOREIGN ASSETS CONTROL

    Russian Harmful Foreign Activities Sanctions Regulations

    31 CFR Part 587

    GENERAL LICENSE NO. 102

    Authorizing Certain Transactions Involving VPower Finance Security (Hong Kong) Limited

    (a) Except as provided in paragraph (c) of this general license, all transactions prohibited by Executive Order (E.O.) 14024 that are ordinarily incident and necessary to the transportation, delivery, or storage of currency; cash processing services; or maintenance of automated teller machines (ATMs) within Hong Kong involving VPower Finance Security (Hong Kong) Limited (“VPower”) are authorized through 12:01 a.m. eastern standard time, November 12, 2024.

    (b) Except as provided in paragraph (c) of this general license, all transactions prohibited by E.O. 14024 that are ordinarily incident and necessary to the provision and staffing of customer service centers for mass transit railway stations within Hong Kong involving VPower are authorized through 12:01 a.m. eastern standard time, November 12, 2024.

    (c) This general license does not authorize:

    (1) Any transactions related to the transportation, delivery, or storage of gold;

    (2) Any transactions prohibited by Directive 2 under E.O. 14024, Prohibitions Related to Correspondent or Payable-Through Accounts and Processing of Transactions Involving Certain Foreign Financial Institutions;

    (3) Any transactions prohibited by Directive 4 under E.O. 14024, Prohibitions Related to Transactions Involving the Central Bank of the Russian Federation, the National Wealth Fund of the Russian Federation, and the Ministry of Finance of the Russian Federation; or

    (4) Any transactions otherwise prohibited by the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part 587 (RuHSR), including transactions involving any person blocked pursuant to the RuHSR other than the blocked person described in paragraph (a) of this general license, unless separately authorized.

    Lisa M. Palluconi,

    Acting Director, Office of Foreign Assets Control.

    Dated: August 12, 2024.

    Lisa M. Palluconi,

    Acting Director, Office of Foreign Assets Control.

    [FR Doc. 2024-19913 Filed 9-5-24; 8:45 am]

    BILLING CODE 4810-AL-P