Today, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), has added a new part to the Code of Federal Regulations. The new part can be found at 31 C.F.R. Part 547, implements Executive Order 13413, “Blocking Property of Certain Persons Contributing to the Conflict in Democratic Republic of the Congo.”

The Democractic Republic of the Congo Sanctions Regulations blocks transactions with persons identified in the Annex to 13413, as well as persons identified as political or military leaders of a foreign armed group impeding the disarmament, repatriation, or resettlement of combatants in the DRC; political or military leaders of a Congolese armed group that impedes the disarmament, demobilization, or reintegration of combatants; political or military leaders using children in armed conflict in the DRC; those having targeted children in situations of armed conflict in the DRC; those who have received, supplied, sold, or transferred to the DRC arms and related materiel; those who have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of such activities or to any person designated pursuant to E.O. 13413; or who is owned or controlled by any person listed in or designated pursuant to E.O. 13413.

Penalties for violations of these regulations are found in section 206 of the International Emergency Economic Powers Act (“IEEPA”). As always individuals who have reason to believe they may be in violation should seek out counsel to ensure their compliance with the regulations.

The addition of this new part is good in that it provides guidance to those individuals and entities that might run afoul of Executive Order 13413. As has been stated previously in this blog, OFAC administered sanctions regulations can be complex and difficult to navigate. Thus, these regulations finally provide some insight in to how U.S. persons can comply with Executive Order 13413. The only complaint this author can lodge is that its implementation nearly 3 years after the Executive Order was issued. That just seems far too long of a period for individuals and entities to be denied guidance on how to comply with these U.S. sanctions laws. While it may take some time to draft the actual regulations, OFAC may want to consider issuing some sort of interim regulations, while the final CFR Part is being drafted. This would help individuals and entities comply with the sanctions which in turn would promote OFAC’s purpose in administering these programs.

For more information about the Democratic Republic of the Congo Sanctions Regulations click here.