This site displays a prototype of a “Web 2.0” version of the daily
Federal Register. It is not an official legal edition of the Federal
Register, and does not replace the official print version or the official
electronic version on GPO’s govinfo.gov.
The documents posted on this site are XML renditions of published Federal
Register documents. Each document posted on the site includes a link to the
corresponding official PDF file on govinfo.gov. This prototype edition of the
daily Federal Register on FederalRegister.gov will remain an unofficial
informational resource until the Administrative Committee of the Federal
Register (ACFR) issues a regulation granting it official legal status.
For complete information about, and access to, our official publications
and services, go to
About the Federal Register
on NARA's archives.gov.
The OFR/GPO partnership is committed to presenting accurate and reliable
regulatory information on FederalRegister.gov with the objective of
establishing the XML-based Federal Register as an ACFR-sanctioned
publication in the future. While every effort has been made to ensure that
the material on FederalRegister.gov is accurately displayed, consistent with
the official SGML-based PDF version on govinfo.gov, those relying on it for
legal research should verify their results against an official edition of
the Federal Register. Until the ACFR grants it official status, the XML
rendition of the daily Federal Register on FederalRegister.gov does not
provide legal notice to the public or judicial notice to the courts.
Rule
Enter a search term or FR citation e.g.
88 FR 38230 FR 78782024-13208USDA09/05/24RULE0503-AA39SORN
Choosing an item from
full text search results
will bring you to those results. Pressing enter in the search box
will also bring you to search results.
Choosing an item from
suggestions
will bring you directly to the content.
This table of contents is a navigational tool, processed from the
headings within the legal text of Federal Register documents.
This repetition of headings to form internal navigation links
has no substantive legal effect.
Document page views are updated periodically throughout the day and are
cumulative counts for this document. Counts are subject to sampling,
reprocessing and revision (up or down) throughout the day.
Page views
2,187
as of
10/13/2026 at 10:15 pm EDT
Other Formats
Enhanced Content - Other Formats
This document is also available in the following formats:
This PDF is FR Doc. 2022-02736 as it appeared on Public Inspection on
02/08/2022 at 8:45 am.
It was viewed
53
times while on Public Inspection.
If you are using public inspection listings for legal research, you
should verify the contents of the documents against a final, official
edition of the Federal Register. Only official editions of the
Federal Register provide legal notice of publication to the public and judicial notice
to the courts under 44 U.S.C. 1503 & 1507.
Learn more here.
Published Document: 2022-02736 (87 FR 7369)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Office of Foreign Assets Control, Treasury.
ACTION:
Final rule.
SUMMARY:
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is issuing this final rule to adjust certain civil monetary penalties for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
DATES:
This rule is effective February 9, 2022.
FOR FURTHER INFORMATION CONTACT:
OFAC: Assistant Director for Licensing, 202-622-2480; Assistant Director for Regulatory Affairs, 202-622-4855; Assistant Director for Sanctions Compliance & Evaluation, 202-622-2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are available from OFAC's website:
www.treasury.gov/ofac.
Background
Section 4 of the Federal Civil Penalties Inflation Adjustment Act (1990 Pub. L. 101-410, 104 Stat. 890; 28 U.S.C. 2461 note), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74, 129 Stat. 599, 28 U.S.C. 2461 note) (the FCPIA Act), requires each federal agency with statutory authority to assess civil monetary penalties (CMPs) to adjust CMPs annually for inflation according to a formula described in section 5 of the FCPIA Act. One purpose of the FCPIA Act is to ensure that CMPs continue to maintain their deterrent effect through periodic cost-of-living based adjustments.
OFAC has adjusted its CMPs seven times since the Federal Civil Penalties Inflation Adjustment Act Improvements Act went into effect on November 2, 2015: An initial catch-up adjustment on August 1, 2016 (81 FR 43070, July 1, 2016); an additional initial catch-up adjustment related to CMPs for failure to comply with a requirement to furnish information, the late filing of a required report, and failure to maintain records (“recordkeeping CMPs”) that were inadvertently omitted from the August 1, 2016 initial catch-up adjustment on October 5, 2020 (85 FR 54911, September 3, 2020); and annual adjustments on February 10, 2017 (82 FR 10434, February 10, 2017); March 19, 2018 (83 FR 11876, March 19, 2018); June 14, 2019 (84 FR 27714, June 14, 2019); April 9, 2020 (85 FR 19884, April 9, 2020); and March 17, 2021 (86 FR 14534, March 17, 2021).
Method of Calculation
The method of calculating CMP adjustments applied in this final rule is required by the FCPIA Act. Under the FCPIA Act and the Office of Management and Budget guidance required by the FCPIA Act, annual inflation adjustments subsequent to the initial catch-up adjustment are to be based on the percent change between the Consumer Price Index for all Urban Consumers (“CPI-U”) for the October preceding the date of the adjustment and the prior year's October CPI-U. As set forth in Office of Management and Budget Memorandum M-22-07 of December 15, 2021, the adjustment multiplier for 2022 is 1.06222. In order to complete the 2022 annual adjustment, each current CMP is multiplied by the 2022 adjustment multiplier. Under the FCPIA Act, any increase in CMP must be rounded to the nearest multiple of $1.
New Penalty Amounts
OFAC imposes CMPs pursuant to the penalty authority in five statutes: The Trading With the Enemy Act (50 U.S.C. 4301-4341, at 4315) (TWEA); the International Emergency Economic Powers Act (50 U.S.C. 1701-1706, at 1705) (IEEPA); the Antiterrorism and Effective Death Penalty Act of 1996 (18 U.S.C. 2339B) (AEDPA); the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901-1908, at 1906) (FNKDA); and the Clean Diamond Trade Act (19 U.S.C. 3901-3913, at 3907) (CDTA).
The table below summarizes the existing and new maximum CMP amounts for each statute.
Table 1—Maximum CMP Amounts for Relevant Statutes
Statute
Existing maximum CMP amount
Maximum CMP amount effective February 9, 2022
TWEA
$91,816
$97,529
IEEPA
311,562
330,947
AEDPA
82,244
87,361
FNKDA
1,548,075
1,644,396
CDTA
14,074
14,950
( printed page 7370)
In addition to updating these maximum CMP amounts, OFAC is also updating two references to one-half the IEEPA maximum CMP from $155,781 to $165,474, and is adjusting the recordkeeping CMP amounts found in OFAC's Economic Sanctions Enforcement Guidelines in appendix A to 31 CFR part 501. The table below summarizes the existing and new maximum CMP amounts for OFAC's recordkeeping CMPs.
Table 2—Maximum CMP Amounts for Recordkeeping CMPs
Violation
Existing maximum CMP amount
Maximum CMP amount effective February 9, 2022
Failure to furnish information pursuant to 31 CFR 501.602 irrespective of whether any other violation is alleged
$24,046
$25,542
Failure to furnish information pursuant to 31 CFR 501.602 where OFAC has reason to believe that the apparent violation(s) involves a transaction(s) valued at greater than $500,000, irrespective of whether any other violation is alleged
60,115
63,855
Late filing of a required report, whether set forth in regulations or in a specific license, if filed within the first 30 days after the report is due
3,005
3,192
Late filing of a required report, whether set forth in regulations or in a specific license, if filed more than 30 days after the report is due
6,012
6,386
Late filing of a required report, whether set forth in regulations or in a specific license, if the report relates to blocked assets, an additional CMP for every 30 days that the report is overdue, up to five years
1,203
1,278
Failure to maintain records in conformance with the requirements of OFAC's regulations or of a specific license
60,226
63,973
Finally, OFAC is making changes in the authorities citations of 31 CFR parts 583 and 584, to more specifically reference one of the relevant statutory authorities in each citation.
Public Participation
The FCPIA Act expressly exempts this final rule from the notice and comment requirements of the Administrative Procedure Act by directing agencies to adjust CMPs for inflation “notwithstanding section 553 of title 5, United States Code” (Pub. L. 114-74, 129 Stat. 599; 28 U.S.C. 2461 note). As such, this final rule is being issued without prior public notice or opportunity for public comment, with an effective date of February 9, 2022.
Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does not impose information collection requirements that would require the approval of the Office of Management and Budget under 44 U.S.C. 3501et seq.
2. In § 501.701, in paragraph (a)(3), remove “$91,816” and add in its place “$97,529”.
3. Amend appendix A to part 501 as follows:
a. In paragraph IV.A., remove “$24,046” and add in its place “$25,542” and remove “$60,115” and add in in its place “$63,855”.
b. In paragraph IV.B., remove “$3,005” and add in its place “$3,192”, remove “$6,012” and add in its place “$6,386”, and remove “$1,203” and add in its place “$1,278”.
c. In paragraph IV.C., remove “$60,226” and add in its place “$63,973”.
d. In paragraph V.B.2.a.i., remove “$155,781” and add in its place “$165,474” and remove “$311,562” and add in its place “$330,947”.
e. In paragraph V.B.2.a.ii., remove “$311,562” wherever it appears and add in its place “$330,947”.
f. In paragraph V.B.2.a.v., remove “$311,562” and add in its place “$330,947”, remove “$91,816” and add in its place “$97,529”, remove “$1,548,075” and add in its place “$1,644,396”, remove “$82,244” and add in its place “$87,361”, and remove “$14,074” and add in its place “$14,950”.
g. Revise paragraph V.B.2.a.vi.
The revision reads as follows:
Appendix A to Part 501—Economic Sanctions Enforcement Guidelines.
* * * * *
V. * * *
B. * * *
2. * * *
a. * * *
vi. The following matrix represents the base amount of the proposed civil penalty for each category of violation:
( printed page 7371)
* * * * *
PART 510—NORTH KOREA SANCTIONS REGULATIONS
4. The authority citation for part 510 continues to read as follows: