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31 CFR § 597.301 - Agent.

Date issued: Jun. 27 2013

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§597.301 Agent.
(a) The term agent means:
(1) Any person owned or controlled by a foreign terrorist organization; or
(2) 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 a foreign terrorist organization.
(b) The term agent includes, but is not limited to, any person determined by the Director of the Office of Foreign Assets Control to be an agent as defined in paragraph (a) of this section.
Note to §597.301: The names of persons designated as foreign terrorist organizations or determined to fall within this definition 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 "[FTO]." The SDN List is accessible through the following page on the Office of Foreign Assets Control's Web site: http://www.treasury.gov/sdn. Additional information pertaining to the SDN List can be found in appendix A to this chapter. Section 501.807 of this chapter sets forth the procedures to be followed by a person seeking administrative reconsideration of a determination that the person falls within this definition, or who wishes to assert that the circumstances resulting in such a determination are no longer applicable.
[62 FR 52495, Oct. 8, 1997, as amended at 76 FR 38544, June 30, 2011; 78 FR 38577, June 27, 2013]
External link location:
https://www.ecfr.gov/cgi-bin/text-idx?SID=2d5afa2cb880d557cc00ad2dd3cea64a&mc=true&node=pt31.3.597&rgn=div5#se31.3.597_1301

TURBOFAC Commentary (191 words)

Notes:

1) The inclusion of the term "agent" in the FTOSR is unique among OFAC-administered sanctions programs and potentially significant for compliance purposes. See comments to §597.201 and General Note on the Notion of Being an "Agent" of an FTO for the Purposes of the FTOSR; the De Facto Relationship of that Determination to the Scope of the GTSR (System Ed. Note).

2) Note that subsection (b) is also unique in that it is triggered both by affirmative determinations by OFAC, as is the case with most designation criteria involving persons acting on behalf of designated persons, but is "not limited" to those persons. This is a result of the FTOSR having been implemented directly from the AEDPA, of which the text calls for the blocking of "agents" of FTOs irrespective of whether they have been subject to "affirmative determinations" by the President. In this sense, the FTOSR blocking provision treats FTOs in a manner similar to the way in which many blocking regulations treat blocked governments, where persons controlled or acting on behalf of blocked governments are blocked by operation of law. See e.g. 560.211 in light of 560.304.