Country Commercial Guides FY 1999:B (r)

[moe@xxxxxxxxxxxxx]

Subject: Country Commercial Guides FY 1999:Burma [CHAPTER VII.  INVESTMENT

CLIMATE/U.S. INVESTMENT SANCTIONS]Part [2]
To: burmanet-l@xxxxxxxxxxx
X-Mailer: QUALCOMM Windows Eudora Pro Version 3.0.2 (32)
X-Sender: strider@xxxxxxxxxxxxxxx

Dear BurmaNetters and International Community,
                                                                            
                The following is the document isssued by the US Department
of State:Country Commercial Guides FY1999:Burma.I reckon that the document
is of help for whatever you are pursuing with regard to Burma.As the
document is too large,it is posted in two parts.

Sincerely,

Julien Moe
****************
Part [2]

Country Commercial Guides 
FY 1999: Burma 
 
Subpart  E - Licenses, Authorizations and Statements of Licensing
Policy
537.501  General and specific licensing procedures.
537.502  Effect of license or authorization.
537.503  Exclusion from licenses and authorizations.
537.504  Divestiture of U.S. person's equity investment in Burma.

Subpart F - Reports
537.601  Recordkeeping and reporting requirements.

Subpart G - Penalties
537.701  Penalties.
537.702  Prepenalty notice.
537.703  Response to prepenalty notice;  informal settlement.
537.704  Penalty imposition or withdrawal.
537.705  Administrative collection action; referral to United
States Department of Justice.

Subpart H - Procedures
537.801  Procedures.
537.802  Delegation by the Secretary of the Treasury.

Subpart I - Paperwork Reduction Act
537.901  Paperwork Reduction Act notice.
Authority:  3 U.S.C. 301;  31 U.S.C. 321(b);  50 U.S.C. 1601-1651,
1701-1706;  sec. 570.  Pub. L. 104-208, 110 Stat. 3009-166;
E.O. 13047, 61 FR 28301, 3 CFR.  1997 Comp., p. 202.

Subpart A - Relation of This Part to Other Laws and Regulations

(537.101  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.
(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
(537.201  Prohibited new investment by U.S. persons.
Except to the extent provided in regulations, orders, directives,
or licenses that may be issued in conformity with section 570 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208)(the "Act"), new
investment in Burma by United States persons is prohibited.

Note to (537.201:  Section 570 of the Act provides that the
prohibition contained in this section may be waived, temporarily
or permanently, by the President if he determines and certifies
to Congress that the application of this sanction would be
contrary to the national interests of the United States. Licenses
are thus not available for purposes of authorizing transactions
prohibited under this section in the absence of such a waiver
determination and certification to Congress.

(537.202  Prohibited approval or other facilitation by a U.S.
person of a foreign person's investment. Except to the extent
provided in regulations, orders, directives, or licenses that may
be issued pursuant to this part, any approval or other facilitation
by a United States person, wherever located, of a transaction by
a foreign person where the transaction would constitute prohibited
new investment in Burma under this part if engaged in by a United
States person or within the United States is prohibited.

(537.203  Evasions;  attempts;  conspiracies.
Except to the extent provided in regulations, orders, directives,
or licenses that may be issued pursuant to this part, any trans-
action by a United States person or within the United States that
evades or avoids, or has the purpose of evading or avoiding, or
attempts to violate, any of the prohibitions set forth in this
part is prohibited.

(537.204  Exempt transactions.
Nothing in this part shall be construed to prohibited the entry
into, performance of, or financing of a contract to sell or
purchase goods, services, or technology, except:

(a)  Where the entry into such a contract on or after the effective
date is for the general supervision and guarantee of another
person's performance of a contract for the economic development of
resources located in Burma;  or
(b)  Where such contract provides for payment, in whole or in part,
in :
     (1)  Shares of ownership, including an equity interest, in the
economic development of resources located in Burma;  or
     (2)  Participation in royalties, earnings, or profits in the
economic development of resources located in Burma.

Note to (537.204:  The term "economic development of resources
located in Burma" is defined in (537.301 to exclude not-for-profit
educational, health or other humanitarian programs or activities.

Subpart C - General Definitions

(537.302  Effective date.
The term "effective date" refers to the effective date of the
applicable prohibitions and directives contained in this part
which
is 12:01 a.m. EDT, May 21, 1997.

(537.303  Entity.
The term "entity" means a partnership, association, trust,
joint venture, corporation, or other organization.

(537.304  Foreign person.
The term "foreign person" means any citizen or national of a
foreign state or any entity not organized under the laws of the
United States.

(537.305  General license.
The term "general license" means any license or authorization
the terms of which are set forth in this part.

(537.306  Government of Burma.
The term "Government of Burma" includes:
(a)  The state and the Government of Burma, as well as any
political subdivision, agency, or instrumentality thereof;
(b)  Any entity owned or controlled directly or indirectly
by the foregoing.

(537.307  License.
Except as otherwise specified, the term license means any
license or authorization contained in this part, or issued
pursuant to the authority of this part under procedures set
forth in this part or in subpart C of part 501 of this chapter.

(537.308  New investment.
The term "new investment" means any of the following activities,
if such an activity is undertaken pursuant to an agreement, or
pursuant to the exercise of rights under such an agreement, that
is entered into with the Government of Burma or a nongovernmental
entity in Burma on or after the effective date:
(a)  The entry into a contract that includes the economic
development of resources located in Burma;
(b)  The entry into a contract providing for the general
supervision and guarantee of another person's performance of a
contract that includes the economic development of resources
located in Burma;
(c)   The purchase of a share of ownership, including an
equity interest, in the economic development of resources
located in Burma;  or
(d)   The entry into a contract providing for the partici-
pation in royalties, earnings, or profits in the economic
development of resources located in Burma, without regard to
the form of the participation.

(537.309  Nongovernmental entity in Burma.
The term "nongovernmental entity in Burma" means a partner-
ship, association, trust, joint venture, corporation, or other
organization, wheresoever organized, that is located in Burma
or exists for the exclusive or predominant purpose of engaging
in the economic development of resources located in Burma or
derives its income predominantly from such economic development,
and is not the Government of Burma.

(537.310  Person.
The term "person" means an individual or entity.

(537.311  Resources located in Burma.
The term "resources located in Burma" means any resources,
including natural, agricultural, commercial, financial,
industrial and human resources, located within the territory
of Burma, including the territorial sea, or located within the
exclusive economic zone or continental shelf.

(537.312  Specific license.
The term "specific license" means any license or authori-
zation not set forth in this part but issued pursuant to the
authority of this part.

(537.313  United States.
The term "United States" means the United States, its
territories and possessions, and all areas under the juris-
diction or authority thereof.

(537.314  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
(including foreign branches), or any person in the United
States.

Subpart D - Interpretations

(537.401  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.

(537.402  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 to be 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.

(537.403  Economic development of resources located in Burma.
The term "economic development of resources located in Burma"
refers to activities pursuant to a contract the subject of
which includes responsibility for the development or
exploitation of resources located in Burma, including making
or attempting to make those resources accessible or available
for exploitation or economic use.  Examples include contracts
conferring rights to explore for, develop, extract, or refine
petroleum, natural gas, or minerals in the ground in Burma;
contracts to take over a mining operation in Burma;  acquire
a forest or agricultural area and exploit the timber or other
crops;  or acquire land and construct and run a hotel or
factory on it.  The term "economic development of resources
located in Burma" is defined in (537.301 specifically to
exclude contracts for not-for-profit educational, health or
other humanitarian programs or activities.  See also
(537.204 for the exception that applies to the entry into,
performance of, or financing of a contract to sell or purchase
goods, services or technology.

(537.404  Purchase of shares in economic development projects
in Burma.
The purchase of shares, including an equity interest, in the
economic development of resources located in Burma, is pro-
hibited when those shares are purchased after the effective
date directly or indirectly from the Government of Burma or a
nongovernmental entity in Burma, unless purchased pursuant to
an agreement entered into prior to May 21, 1997.  U.S. persons
may purchase debt instruments issued by the Government of Burma
or a nongovernmental entity in Burma, directly or indirectly,
provided that such instruments are not convertible into equity,
and do not provide for participation, including as collateral
or security, in royalties, earnings, or profits in the economic
development of resources located in Burma.

(537.405  Investments in entities involved in economic develop-
ment projects in Burma.
(a)  The purchase of shares in a third-country company that is
engaged in the economic development of resources located in
Burma is prohibited by (537.201 where the company's profits are
predominantly derived from the company's economic development of
resources located in Burma.
(b)  If a U.S. person holds shares in an entity which
subsequently engages exclusively or predominantly in the economic
development of resources located in Burma or subsequently derives
its income exclusively or predominantly from such economic
development, the United States person is not required to
relinquish its shares, but may not purchase additional shares.
Divestment of the shares in such an entity to a foreign person
constituting the facilitation of that foreign person's invest-
ment in Burma - is authorized under general license pursuant to
(537.504.

(537.406  General supervision and guarantee.
Section 537.201 prohibits the entry by a U.S. person into a
contract providing for the general supervision and guarantee
of another person's performance of a contract that includes
the economic development of resources located in Burma, if the
U.S. person's contract is entered into on or after the effective
date, unless undertaken pursuant to, or in exercise of rights
under, a pre-effective date agreement.  For the purposes of
(537.201, only the entry into contracts for supervision and
guarantee at the top level of project management, such as entry
into a contract with a development project's sponsor or owner
to become a prime contractor or general manager for a development
project, will be considered new investment in Burma.  By
contrast, subcontracts to provide goods, services, or tech-
nology to a prime contractor or general manager of a development
project are exempt from the prohibitions of this part pursuant
to (537.204 unless:
(a)  The functional scope of the subcontractor's obligations
is substantially similar to that of a prime contractor's or
general manager's obligations;  or
(b)  The consideration for such subcontracts includes a share
of ownership in, or participation in the royalties, earnings
or profits of, the economic development of resources located
in Burma.

(537.407  Activities under pre-May 21, 1997 agreements.
(a)  Activities undertaken by a U.S. person pursuant to an
agreement entered into prior to May 21, 1997, between the U.S.
person and the Government of Burma or a nongovernmental entity
in Burma are not prohibited new investments, as defined in
(537.308. (b)  A U.S. person who is a party to a pre-effective
date agreement for the development of economic resources
located in Burma may enter into subsequent agreements with
foreign persons where such agreements are pursuant to, or in
exercise of rights under, the pre-effective date agreement.
The facilitation of foreign persons' investment in Burma under
these circumstances I authorized pursuant to the general license
contained in (537.504. (c)  A U.S. person may not enter into a
contract for the economic development of resources located in
Burma after May 21, 1997, if pursuant to, or in exercise of
rights under, a pre-effective date agreement, unless the
contractual arrangement is specifically contemplated in the
pre-effective date agreement.
(d)  The exercise of rights under pre-effective date agree-
ments may include the exercise of options to extend the
contract, depending on such factors as the degree of specifi-
city with which the option to extend is described in the
pre-effective date agreement, and the degree to which the
party wishing to renew can enforce its decision to exercise
the option.

(537.408  Sale or purchase of goods, services or technology.
(a)  Section 537.204 exempts from any prohibition under this
part the entry into, performance of, or financing of a
contract to sell or purchase goods, services, or technology,
except:
(1)  Where the entry into a contract on or after the
effective date is for the general supervision and guarantee
of another person's performance of a contract for the economic
development of resources located in Burma;  or
(2)  Where such contract provides for payment, in whole or
in part, in:
     (i)  Shares of ownership, including an equity interest,
in the economic development of resources located in Burma;  or
     (ii)  Participation in royalties, earnings, or profits
in the economic development of resources located in Burma.
(b)  Examples:  The following examples are based upon the
assumption that neither (537.204(a) nor (537.204(b) applies.
(1)  A U.S. person may market goods or services in Burma
through a sales representative or sales agent, or through a
U.S. person or subsidiary established and operating in Burma
before May 21, 1997, or through any established foreign
(including Burmese) distributorship.  The U.S. person may not,
however, establish and operate a new business, branch, office
or showroom in Burma to market such goods or services or
facilitate the establishment of a new foreign entity to do so.
This would constitute the development of a commercial resource.
(2)  A U.S. person may rent, lease or purchase space in
existing buildings in connection with the continued operation
of a business in operation prior to the effective date.  It
may change locations, modify and renovate existing space and
upgrade machinery or equipment.  Unless pursuant to a pre-
effective date agreement or the exercise of specific rights
under such agreement, however, the U.S. person may not expand
its business operations by opening additional stores, branches,
offices or showrooms beyond the number that were in existence
immediately prior to May 21, 1997.  The U.S. person may not
construct a new commercial building to house its business as
this would constitute the economic development of land and
commercial resources in Burma.
(3)  A U.S. person involved in exempt activities may hire and
train Burmese employees to carry out such activities.  The
employment of personnel in Burma under these circumstances is
considered the purchase of employment services which is exempt
from prohibition under (537.204.  Any training incidental to the
performance of the employee's services is likewise exempt.  For
example, a U.S. person engaged in the sale of copy machines may
hire and train a Burmese employee to carry out activities
pursuant to such sales, including office support personnel,
personnel to provide after-sales service and maintenance in
accordance with the terms of a purchase or lease agreement, sales
representatives and supervisory personnel.  A U.S. person may not,
however, open a business after the effective date, the purpose
of which is the sale of vocational skills training in the
maintenance of copy machines, as this would constitute the
economic development of human resources in Burma.
(4)  Contracts for the purchase or sale of services incident to
the registration and renewal of patents, trademarks and copyrights
are not prohibited by this part.
(5)  A U.S. bank is allowed to provide trade financing as a
service either to the Government of Burma or to nongovernmental
entities in Burma, but cannot provide them loans earmarked for
economic development of resources in Burma if loan repayment is
secured by the project.  A U.S. bank can provide development
project financing as a service, so long as the financing
instruments are not convertible into equity, and do not provide
for participation, including as collateral or security, in
royalties, earnings, or profits in the economic development of
resources located in Burma.

(537.409  Approval or other facilitation of a foreign person's
investment.
(a)  The prohibition contained in (537.202 against approval or
other facilitation of a foreign person's investment in Burma bars
any action by a U.S. person that assists or supports a foreign
person's activity that would constitute prohibited new investment
under (537.201 if engaged in by a U.S. person.  This facilitation
prohibition is subject to the exemption for trade in goods,
services and technology set forth in (537.204.
(b)  Examples:  (1)  A U.S. corporation is prohibited from
brokering, financing, guaranteeing, or approving the entry by
any foreign person, including a foreign affiliate, into a contract
for the development of, e.g., a natural gas field, a tourist
hotel complex, or a rubber plantation in Burma, unless pursuant
to the affiliate's exercise of rights under an agreement entered
into prior to the effective date.  An independent U.S. contractor,
however, may perform brokerage, financing, or guarantee services
if under a service contract meeting the conditions of (537.204.
(2)  The sale to a foreign person of a U.S. person's equity or
income interest in a development project in Burma constitutes
facilitation of that foreign person's investment in Burma,
unless pursuant to a pre-effective date agreement.  Such a sale,
however, is authorized by general license under (537.504.
(3)  A U.S. national or permanent resident alien employed in
Burma or in a third country by a foreign person may participate
in any decision-making role in an activity by the foreign person
that includes economic development of resources located in Burma
as exempt employment services pursuant to (537.204, unless such
services are undertaken pursuant to a post-effective date agree-
ment between the foreign person and the Government of Burma or
a nongovernmental entity in Burma and:
     (i)  involve the general supervision and guarantee of the
foreign person's performance of a contract for the economic
development of resources located in Burma, or
     (ii)  where the individual U.S. person's compensation is
provided for, in whole or in part, from shares of ownership in
the development project or participation in royalties, earnings,
or profits in the development project.

Subpart E - Licenses, Authorizations, and Statements of
Licensing Policy

(537.501  General and specific licensing procedures.
For provisions relating to licensing procedures, see subpart C
of part 501 of this chapter.

(537.502  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
this part from the transaction, but only to the extent specifi-
cally 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.

(537.503  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.

(537.504  Divestiture of U.S. person's equity investment in
Burma.
Notwithstanding the prohibition in (537.202 against the
facilitation by a U.S. person of a foreign person's investment,
all transactions related to the divestiture or transfer to a
foreign person of a U.S. person's share of ownership including
an equity interest in the economic development of resources
located in Burma are authorized.  U.S. persons participating
in such transactions valued at more than $10,000 are required,
within 10 business days after the agreement is signed, to
file a report for statistical purposes with the Office of
Foreign Assets Control, U.S. Treasury Department, 1500
Pennsylvania Avenue, NW - Annex, Washington, D.C.  20220.

Note:  This authorization includes arrangements by U.S.
persons with pre-effective date investments in Burma to
"farm in" or sell a stake in the investment to a foreign
person.  For purposes of this section, the term "farm-in
arrangement" is defined to mean the sale of an equity interest
in an investment in the economic development of resources
located in Burma.

Subpart F - Reports

(537.601  Recordkeeping and reporting requirements.
For provisions relating to records and reports, see subpart
B of part 501 of this chapter.

Subpart G - Penalties

(537.701  Penalties.
(a)  Attention is directed to section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) (the "Act"),
which is applicable 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 Act, Section 206 of the Act, as adjusted by the
Federal Civil Penalties Inflation Adjustment Act of 1990
(Pub.L. 101-410, as amended.  28 U.S.C. 2461 note), provides
that:
(1)  A civil penalty of not to exceed $11,000 per violation
may be imposed on any person who violates any license, order,
or regulation issued under the Act;
(2)  Whoever willfully violates any license, order, or
regulation issued under the 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.
(b)  The criminal penalties provided in the Act are subject
to increase pursuant to 18 U.S.C. 3571.
(c)  Attention is also 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 statements or representations 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 under title 18, United States Code, or
imprisoned not more than 5 years, or both.
(d)  Violations of this part may also be subject to relevant
provisions of other applicable laws.

(537.702  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 respond.  The prepenalty notice also shall inform
the respondent of respondent's 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.

(537.703  Response to prepenalty notice;  informal settlement.
(a)  Deadline for response.  The respondent shall have 30 days
from the date of mailing of the prepenalty notice to make a
written response to the Director of the Office of Foreign
Assets Control.
(b)  Form and contents of response.  The written response
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 respondent believes the penalty should not be imposed
or, if imposed, why it should be in a lesser amount than
proposed.
(c)  Informal settlement.  In addition or as an alternative
to a written response to a prepenalty notice pursuant to this
section, the respondent or respondent's representative may
contact the Office of Foreign Assets Control as advised in
the prepenalty notice to propose the settlement of allegations
contained in the prepenalty notice and related matters.  In
the event of settlement at the prepenalty stage, the claim
proposed in the prepenalty notice will be withdrawn, the
respondent is not required to take a written position on
allegations contained in the prepenalty notice, and the Office
of Foreign Assets Control will make no final determination
as to whether a violation occurred.  The amount accepted in
settlement of allegations in a prepenalty notice may vary from
the civil penalty that might finally be imposed in the event
of a formal determination of violation.  In the event no
settlement is reached, the 30-day period specified in paragraph
(a) of this section for written response to the prepenalty
notice remains in effect unless additional time is granted
by the Office of Foreign Assets Control.

(537.704  Penalty imposition or withdrawal.
(a)  No violation.  If, after considering any 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 respondent named in the prepenalty
notice, the Director promptly shall notify the respondent in
writing of that determination and that no monetary penalty
will be imposed.
(b)  Violation.  If, after considering any response to the
prepenalty notice, the Director of the Office of Foreign
Assets Control determines that there was a violation by the
respondent named in the prepenalty notice, the Director promptly
shall issue a written notice of the imposition of the monetary
penalty to the respondent.
(1)  The penalty notice shall inform the respondent that payment
of the assessed penalty must be made within 30 days of the
mailing of the penalty notice.
(2)  The penalty notice shall inform the respondent of the
requirement to furnish the respondent's taxpayer identification
number pursuant to 31 U.S.C. 7701 and that such number will be
used for purposes of collection and reporting on any delinquent
penalty amount in the event of a failure to pay the penalty
imposed.

(537.705  Administrative collection;  referral to United States
Department of Justice.
In the event that the respondent does not pay the penalty
imposed pursuant to this part 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 may 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
(537.801  Procedures.
For provisions relating to procedures, see subpart C of part
501 of this chapter.

(537.802  Delegation by the Secretary of the Treasury.
Any action which the Secretary of the Treasury is authorized
to take pursuant to Executive Order 13047 or any further
executive orders relating to the national emergency declared
in Executive Order 13047 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.

Subpart I - Paperwork Reduction Act
(537.901  Paperwork Reduction Act notice.
For approval by the Office of Management and Budget under
the Paperwork Reduction Act of information collections
relating to recordkeeping and reporting requirements, to
licensing procedures pursuant to statements of licensing
policy, and to other procedures, see (501.901 of this
chapter.
Dated:  April 21, 1998.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved:  May 11, 1998.
James E. Johnson,
Assistant Secretary (Enforcement), Department of the
Treasury.

[end of document]

Source:US Dept. of State