Federal Register/Vol. 85, No. 138/Friday, July 17, 2020/Rules
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43436 Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations Pursuant to the Regulatory Flexibility PART 300—USER FEES Electronic Availability Act (5 U.S.C. chapter 6), it is hereby Paragraph 1. The authority citation This document and additional certified that these final regulations will information concerning OFAC are not have a significant economic impact for part 300 continues to read as follows: available on OFAC’s website on a substantial number of small (www.treasury.gov/ofac). entities. The final regulations affect all Authority: 31 U.S.C. 9701. Background individuals who prepare or assist in Par. 2. Section 300.12 is amended by preparing all or substantially all of a tax revising paragraphs (b) and (d) to read On September 4, 2019, OFAC issued return or claim for refund for as follows: the Nicaragua Sanctions Regulations, 31 compensation. Only individuals, not CFR part 582 (84 FR 46440, September businesses, can have a PTIN. Thus, the § 300.13 Fee for obtaining a preparer tax 4, 2019) (the ‘‘Regulations’’) to economic impact of these regulations on identification number. implement Executive Order 13851 of any small entity generally will be a * * * * * November 27, 2018 (‘‘Blocking Property result of an individual tax return (b) Fee. The fee to apply for or renew of Certain Persons Contributing to the preparer who is required to have a PTIN a preparer tax identification number is Situation in Nicaragua’’) (E.O. 13851). owning a small business or a small $21 per year and is in addition to the The regulations were published in business otherwise employing an fee charged by the contractor. abbreviated form for the purpose of individual tax return preparer who is * * * * * providing immediate guidance to the required to have a PTIN. The Treasury (d) Applicability date. This section public. Department and the IRS estimate that applies to applications for or renewal of On December 20, 2018, the President approximately 800,000 individuals will a preparer tax identification number signed the Nicaragua Human Rights and apply annually for an initial or renewal filed on or after August 17, 2020. Anticorruption Act of 2018 (Pub. L. 115–335; 50 U.S.C. 1701 note) (NHRAA) PTIN. Although the final regulations Sunita Lough, will likely affect a substantial number of into law. The NHRAA requires the Deputy Commissioner for Services and President to impose targeted sanctions small entities, the economic impact on Enforcement. those entities is not significant. The on certain persons, including those that Approved: he determines to be responsible for or final regulations will establish a $21 fee David J. Kautter, per application or renewal (plus $14.95 complicit in, or responsible for ordering, Assistant Secretary of the Treasury (Tax controlling, or otherwise directing, or to payable to the contractor), which is a Policy). reduction from the previously have knowingly participated in, directly [FR Doc. 2020–15446 Filed 7–15–20; 4:15 pm] established fee of $33 (plus $17 payable or indirectly, in or in relation to BILLING CODE 4830–01–P to the contractor) per application or Nicaragua on or after April 18, 2018: (i) renewal and will not have a significant Significant acts of violence or conduct economic impact on a small entity. that constitutes a serious abuse or DEPARTMENT OF THE TREASURY Accordingly, the Secretary certifies that violation of human rights against persons associated with the protests in the rule will not have a significant Office of Foreign Assets Control Nicaragua that began on April 18, 2018; economic impact on a substantial (ii) significant actions or policies that number of small entities. 31 CFR Part 582 undermine democratic processes or Pursuant to section 7805(f), the notice institutions; (iii) acts of significant Nicaragua Sanctions Regulations of proposed rulemaking was submitted corruption by or on behalf of the to the Chief Counsel for the Office of AGENCY: Office of Foreign Assets Government of Nicaragua or a current or Advocacy of the Small Business Control, Treasury. former official of the Government of Administration for comment on its ACTION: Final rule. Nicaragua; or (iv) the arrest or impact on small business (85 FR 21126). prosecution of a person primarily No comments on the notice were SUMMARY: The Department of the because of the person’s legitimate received from the Chief Counsel for the Treasury’s Office of Foreign Assets exercise of freedom of speech, assembly, Office of Advocacy of the Small Control (OFAC) is amending the or the press. Business Administration. Nicaragua Sanctions Regulations to This rule amends the authority incorporate the Nicaragua Human citation of the Regulations and the Drafting Information Rights and Anticorruption Act of 2018 delegation section of the Regulations at The principal author of these by updating the authority citation and § 582.802 to add the delegation of regulations is Michael A. Franklin, the prohibited transactions and certain functions with respect to the Office of the Associate Chief Counsel delegation sections. OFAC is also NHRAA. OFAC is also making certain (Procedure and Administration). Other adding a general license authorizing technical edits to the authority citation personnel from the Treasury certain United States government of the Regulations to shorten citations to Department and the IRS participated in activities. conform with Federal Register guidance. the development of the regulations. DATES: This rule is effective July 17, 2020. In subpart B of the Regulations, OFAC List of Subjects in 26 CFR Part 300 is expanding existing § 582.201, which FOR FURTHER INFORMATION CONTACT: relates to prohibited transactions, to Reporting and recordkeeping OFAC: Assistant Director for Licensing, specify that the prohibitions in that requirements, User fees. tel.: 202–622–2480; Assistant Director section include all transactions Adoption of Amendments to the for Regulatory Affairs, tel.: 202–622– prohibited pursuant to E.O. 13851, or Regulations 4855; or Assistant Director for Sanctions any further Executive orders issued Compliance & Evaluation, tel.: 202–622– pursuant to the national emergency Accordingly, 26 CFR part 300 is 2490. declared in E.O. 13851, and any amended as follows: SUPPLEMENTARY INFORMATION: transactions prohibited pursuant to the VerDate Sep<11>2014 16:30 Jul 16, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 138 / Friday, July 17, 2020 / Rules and Regulations 43437 NHRAA. OFAC is also making a number § 582.201 Prohibited transactions. Subpart E—Licenses, Authorizations, of technical and conforming edits in All transactions prohibited pursuant and Statements of Licensing Policy Notes 1 and 2 to § 582.201 related to this to Executive Order 13851 of November ■ change. 27, 2018 (E.O. 13851), or any further 3. Add § 582.509 to read as follows: Finally, OFAC is incorporating a Executive orders issued pursuant to the § 582.509 Official Business of the United general license into subpart E that was national emergency declared in E.O. States Government previously posted only on OFAC’s 13851, and any transactions prohibited All transactions that are for the website. This general license, which is pursuant to the Nicaragua Human being added as new § 582.509, conduct of the official business of the Rights and Anticorruption Act of 2018 United States Government by authorizes the U.S. government to (Pub. L. 115–335; 50 U.S.C. 1701 note) engage in certain activities related to employees, grantees, or contractors (NHRAA), are also prohibited pursuant thereof are authorized. Nicaragua. to this part. Public Participation Note 1 to § 582.201: The names of persons Subpart H—Procedures designated pursuant to E.O. 13851, or listed Because the Regulations involve a ■ 4. Revise § 582.802 to read as follows: foreign affairs function, the provisions in or designated or identified pursuant to any further Executive orders issued pursuant to of Executive Order 12866 and the § 582.802 Delegation of certain authorities the national emergency declared in E.O. by the Secretary of the Treasury. Administrative Procedure Act (5 U.S.C. 13851, whose property and interests in 553) requiring notice of proposed property therefore are blocked pursuant to Any action that the Secretary of the rulemaking, opportunity for public this section, are published in the Federal Treasury is authorized to take pursuant participation, and delay in effective Register and incorporated into OFAC’s to Executive Order 13851 of November date, as well as the provisions of Specially Designated Nationals and Blocked 27, 2018, and any further Executive Executive Order 13771, are Persons List (SDN List) using the following orders relating to the national inapplicable. Because no notice of identifiers: For E.O. 13851: ‘‘[NICARAGUA]’’ emergency declared therein, and any proposed rulemaking is required for this and for any further Executive orders issued action that the Secretary of the Treasury pursuant to the national emergency declared is authorized to take pursuant to rule, the Regulatory Flexibility Act (5 in E.O. 13851: Using the identifier U.S.C. 601–612) does not apply. formulation ‘‘[NICARAGUA–E.O. [E.O. Memorandum of May 24, 2019: Delegation of Functions and Authorities Paperwork Reduction Act number pursuant to which the person’s property and interests in property are under the Nicaragua Human Rights and The collections of information related blocked]]’’. The names of persons designated Anticorruption Act of 2018, May 24, to the Regulations are contained in 31 or identified pursuant to NHRAA will be 2019 (published June 13, 2019), may be CFR part 501 (the ‘‘Reporting, incorporated into the SDN list with the taken by the Director of OFAC or by any Procedures and Penalties Regulations’’). identifier ‘‘[NICARAGUA–NHRAA]’’. The other person to whom the Secretary of Pursuant to the Paperwork Reduction SDN List is accessible through the following the Treasury has delegated authority so Act of 1995 (44 U.S.C.