§501.805 Rules governing availability of information.
(a) The records of the Office of Foreign Assets Control which are required by the Freedom of Information Act (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 Departmental Offices and of other bureaus and offices of the Department of the Treasury issued under 5 U.S.C. 552 and published at 31 CFR part 1.
Note to paragraph §501.805(a): Records or information obtained or created in the implementation of part 598 of this chapter are not subject to disclosure under section 552(a)(3) of the Freedom of Information Act. See §598.802 of this chapter.
(b) The records of the Office of Foreign Assets Control which are required by the Privacy Act (5 U.S.C. 552a) to be made available to an individual shall be made available in accordance with the definitions, procedures, requirements for payment of fees, and other provisions of the Regulations on the Disclosure of Records of the Departmental Offices and of other bureaus and offices of the Department of the Treasury issued under 5 U.S.C. 552a and published at 31 CFR part 1.
(c) Any form issued for use in connection with this chapter may be obtained in person or by writing to the Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue, NW.—Annex, Washington, DC 20220, or by calling 202/622-2480.
(d) Certain Civil Penalties Information. (1) After the conclusion of a civil penalties proceeding that results in either the imposition of a civil monetary penalty or an informal settlement, OFAC shall make available to the public certain information on a routine basis, not less frequently than monthly, as follows:
(i) In each such proceeding against an entity, OFAC shall make available to the public
(A) The name and address of the entity involved,
(B) The sanctions program involved,
(C) A brief description of the violation or alleged violation,
(D) A clear indication whether the proceeding resulted in an informal settlement or in the imposition of a penalty,
(E) An indication whether the entity voluntarily disclosed the violation or alleged violation to OFAC, and
(F) The amount of the penalty imposed or the amount of the agreed settlement.
(ii) In such proceedings against individuals, OFAC shall release on an aggregate basis
(A) The number of penalties imposed and informal settlements reached,
(B) The sanctions programs involved,
(C) A brief description of the violations or alleged violations,
(D) A clear indication whether the proceedings resulted in informal settlements, in the imposition of penalties, or in administrative hearing requests pursuant to the Trading With the Enemy Act (TWEA), 50 U.S.C. 5(b), and
(E) The amounts of the penalties imposed and the amounts of the agreed settlements.
(2) The medium through which information will be released is OFAC's website at http://www.treas.gov/ofac.
(3) The information made available pursuant to paragraph (d)(1) of this section shall not include the following:
(i) The name of any violator or alleged violator who is an individual.
(ii) Records or information obtained or created in the implementation of part 598 of this chapter.
(4) On a case-by-case basis, OFAC may release additional information concerning a particular civil penalties proceeding.
[62 FR 45101, Aug. 25, 1997, as amended at 65 FR 41335, July 5, 2000; 68 FR 6822, Feb. 11, 2003]
---[WITH VERSION PROPOSED IN 5-10-24 INTERIM FINAL RULE]---
§501.805 Rules governing availability of information.
(a) The records of the Office of Foreign Assets Control which are required by the Freedom of Information Act (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 Departmental Offices and of other bureaus and offices of the Department of the Treasury issued under 5 U.S.C. 552 and published at 31 CFR part 1, as well as the provisions of this part” .
Note to paragraph §501.805(a): Records or information obtained or created in the implementation of part 598 of this chapter are not subject to disclosure under section 552(a)(3) of the Freedom of Information Act. See §598.802 of this chapter.
(b) The records of the Office of Foreign Assets Control which are required by the Privacy Act (5 U.S.C. 552a) to be made available to an individual shall be made available in accordance with the definitions, procedures, requirements for payment of fees, and other provisions of the Regulations on the Disclosure of Records of the Departmental Offices and of other bureaus and offices of the Department of the Treasury issued under 5 U.S.C. 552a and published at 31 CFR part 1, as well as the provisions of this part”.
(c) Any form issued for use in connection with this chapter may be obtained on OFAC’s website (https://ofac.treasury.gov).
(d) Certain Civil Penalties Information. (1) After the conclusion of a civil penalties proceeding that results in either the imposition of a civil monetary penalty or an informal settlement, OFAC shall make available to the public certain information on a routine basis, not less frequently than monthly, as follows:
(i) In each such proceeding against an entity, OFAC shall make available to the public
(A) The name and address of the entity involved,
(B) The sanctions program involved,
(C) A brief description of the violation or alleged violation,
(D) A clear indication whether the proceeding resulted in an informal settlement or in the imposition of a penalty,
(E) An indication whether the entity voluntarily disclosed the violation or alleged violation to OFAC, and
(F) The amount of the penalty imposed or the amount of the agreed settlement.
(ii) In such proceedings against individuals, OFAC shall release on an aggregate basis
(A) The number of penalties imposed and informal settlements reached,
(B) The sanctions programs involved,
(C) A brief description of the violations or alleged violations,
(D) A clear indication whether the proceedings resulted in informal settlements, in the imposition of penalties, or in administrative hearing requests pursuant to the Trading With the Enemy Act (TWEA), 50 U.S.C. 5(b), and
(E) The amounts of the penalties imposed and the amounts of the agreed settlements.
(2) The medium through which information will be released is OFAC's website at https://ofac.treasury.gov”.
(3) The information made available pursuant to paragraph (d)(1) of this section shall not include the following:
(i) The name of any violator or alleged violator who is an individual.
(ii) Records or information obtained or created in the implementation of part 598 of this chapter.
(4) On a case-by-case basis, OFAC may release additional information concerning a particular civil penalties proceeding.
[62 FR 45101, Aug. 25, 1997, as amended at 65 FR 41335, July 5, 2000; 68 FR 6822, Feb. 11, 2003]
The differences between the revised and pre-existing versions are limited to non-substantive technical changes.
Note that the comments below have not yet been amended to reflect the issuance of the 5-8-24 Interim final rule.
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Notes:
No substantive comment.