fr80 2291

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1 2291 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations related to, among other areas, Electronic and Facsimile Availability Supplement No. 2 to Part 748— telecommunications, financial services, [Amended] This document and additional trade, and shipping. These amendments information concerning OFAC are ■ 9. In Supplement No. 2 to part 748, also implement certain technical and available from OFAC’s Web site remove and reserve paragraph (d). conforming changes. ). Certain general ( www.treasury.gov/ofac Travel to Cuba for authorized Dated: January 12, 2015. information pertaining to OFAC’s purposes. OFAC is amending sections Penny Pritzker, sanctions programs also is available via 515.533, 515.545, 515.560 through Secretary of Commerce. facsimile through a 24-hour fax-on- 515.567, and 515.574 through 515.576 [FR Doc. 2015–00590 Filed 1–15–15; 8:45 am] demand service, tel.: 202/622–0077. to authorize travel-related transactions BILLING CODE 3510–33–P and other transactions incident to Background activities within the 12 existing travel The Department of the Treasury categories in OFAC’s regulations—such issued the Cuban Assets Control as for educational activities (including DEPARTMENT OF THE TREASURY Regulations, 31 CFR part 515 (the people-to-people travel), journalistic ‘‘Regulations’’), on July 8, 1963, under and religious activities, professional Office of Foreign Assets Control the Trading With the Enemy Act (50 meetings, and humanitarian projects— et seq. ). OFAC has U.S.C. App. 5 without the need for case-by-case 31 CFR Part 515 amended the Regulations on numerous specific licensing, while continuing not occasions. Notably, on September 3, to authorize travel for tourist activities, Cuban Assets Control Regulations 2009, OFAC amended the Regulations to which is prohibited by statute. The implement measures announced by the AGENCY : Office of Foreign Assets authorizations contain certain President on April 13, 2009 to promote Control, Treasury. restrictions appropriate to each category democracy and human rights in Cuba by of activities. Final rule. : ACTION easing travel restrictions to facilitate Travel services. OFAC is amending greater contact between separated section 515.572 to permit persons The Department of the : SUMMARY family members in the United States subject to U.S. jurisdiction, including Treasury’s Office of Foreign Assets and Cuba and by increasing the flow of travel agents and airlines, to provide Control (OFAC) is amending the Cuban remittances and information to the authorized travel and carrier services, Assets Control Regulations to Cuban people. On January 28, 2011, and certain entities to forward implement policy changes announced OFAC further amended the Regulations authorized remittances, under by the President on December 17, 2014 to implement certain policy changes conditions set forth below, without the to further engage and empower the announced by the President on January need for specific licenses from OFAC. Cuban people. These amendments 14, 2011 designed to increase people-to- Remittances. OFAC is amending facilitate travel to Cuba for authorized people contact, support civil society in section 515.570 to raise from $500 to purposes, facilitate the provision by Cuba, enhance the free flow of $2,000 per quarter the limits on travel agents and airlines of authorized information to, from, and among the remittances that may be sent to Cuban travel services and the forwarding by Cuban people, and help promote their nationals, and to generally authorize, as certain entities of authorized independence from Cuban authorities. is done now, as appropriate, on a case- remittances, raise the limit on certain These amendments allowed for greater by-case basis, without limitation, categories of remittances to Cuba, allow licensing of travel to Cuba for remittances for humanitarian projects, U.S. financial institutions to open educational, cultural, religious, and support for the Cuban people, and correspondent accounts at Cuban journalistic activities and expanded development of private business in financial institutions to facilitate the licensing of remittances to Cuba. These Cuba. Section 515.560(c) is amended to processing of authorized transactions, amendments also modified regulations raise to $10,000 the total amount of authorize certain transactions with regarding authorization of transactions remittances that a traveler may carry to Cuban nationals located outside of with Cuban nationals who have taken Cuba. Cuba, and allow a number of other up permanent residence outside of Cuba Credit and debit cards, per diem, and activities related to, among other areas, and implemented certain technical and importation of certain goods and telecommunications, financial services, conforming changes. services. OFAC is amending section trade, and shipping. These amendments OFAC is now amending the 515.560 and adding a new section also implement certain technical and Regulations to implement certain policy 515.584 to authorize the use of U.S. conforming changes. changes announced by the President on credit and debit cards in Cuba for travel- December 17, 2014 to further engage related and other transactions consistent Effective: DATES : January 16, 2015. and empower the Cuban people. These with section 515.560 and to allow U.S. : FOR FURTHER INFORMATION CONTACT amendments facilitate travel to Cuba for financial institutions to enroll Assistant Director for Licensing, tel.: authorized purposes, facilitate the merchants and to process such 202/622–2480, Assistant Director for provision by travel agents and airlines transactions. OFAC also is amending Policy, tel.: 202/622–6746, Assistant of authorized travel services and the section 515.560 to eliminate the per Director for Regulatory Affairs, tel: 202/ forwarding by certain entities of limitation on authorized travelers’ diem 622–4855, Assistant Director for authorized remittances, raise the limit spending in Cuba, and to permit Sanctions Compliance & Evaluation, on remittances to Cuba, allow U.S. authorized travelers to import no more tel.: 202/622–2490, Office of Foreign financial institutions to open than $400 worth of goods from Cuba Assets Control, or Chief Counsel correspondent accounts at Cuban (including up to $100 in alcohol or (Foreign Assets Control), tel.: 202/622– financial institutions to facilitate the tobacco products). 2410, Office of the General Counsel, Certain micro-financing, business, processing of authorized transactions, Department of the Treasury (not toll free and commercial import activities. OFAC authorize certain transactions with numbers). is amending section 515.575 to Cuban nationals outside of Cuba, and authorize certain micro-financing allow a number of other activities SUPPLEMENTARY INFORMATION : VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

2 2292 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations certain goods and services to Cuban activities and entrepreneurial and PART 515—CUBAN ASSETS national sailors sequestered aboard business training, such as for private CONTROL REGULATIONS ships in U.S. ports. businesses and agricultural operations. ■ 1. The authority citation for part 515 OFAC Official government business. OFAC is adding new section 515.582 to is amending section 515.562 to expand continues to read as follows: authorize commercial imports of certain an existing authorization to cover all specified goods and services produced Authority: 18 U.S.C. 2332d; 22 U.S.C. Cuba-related transactions by employees, by independent Cuban entrepreneurs. 2370(a), 6001–6010, 7201–7211; 31 U.S.C. grantees, and contractors of the U.S. Certain financial transactions. OFAC 321(b); 50 U.S.C. App 1–44; Pub. L. 101–410, Government, foreign governments, and is adding a general license in new 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104–114, 110 Stat. 785 (22 U.S.C. 6021– certain international organizations in section 515.584 to authorize depository 6091); Pub. L. 105–277, 112 Stat. 2681; Pub. institutions to open correspondent their official capacities. L. 111–8, 123 Stat. 524; Pub. L. 111–117, 123 To facilitate Cuban official missions. accounts at Cuban financial institutions Stat. 3034; E.O. 9193, 7 FR 5205, 3 CFR, the reestablishment of diplomatic to facilitate the processing of authorized 1938–1943 Comp., p. 1174; E.O. 9989, 13 FR relations with Cuba, OFAC is adding transactions and to permit U.S. financial 4891, 3 CFR, 1943–1948 Comp., p. 748; Proc. new section 515.586 to authorize institutions to reject and process certain 3447, 27 FR 1085, 3 CFR, 1959–1963 Comp., transactions with Cuban official funds transfer transactions. p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Regulatory interpretation of ‘‘cash in missions and their employees in the Comp., p. 614. OFAC is amending section advance.’’ United States. Other transactions. OFAC is adding 515.533 to revise the regulatory Subpart B—Prohibitions interpretation of ‘‘cash in advance’’ from new section 515.580 to authorize § 515.207 [Amended] ‘‘cash before shipment’’ to ‘‘cash before insurance companies to offer global transfer of title and control’’ to allow insurance policies that cover third- ■ 2. In § 515.207, revise the Note to the expanded financing options for country nationals traveling to Cuba. section to read as follows: authorized exports to Cuba. OFAC is amending section 515.550 to * * * * * In order to Telecommunications. authorize foreign vessels to enter the For the waiver of the Note to § 515.207: better provide efficient and adequate United States after engaging in certain prohibitions contained in this section for telecommunications services between trade with Cuba. vessels engaged in certain trade with Cuba, the United States and Cuba, OFAC is see § 515.550. Public Participation amending section 515.542 to generally Because the amendments of the authorize transactions that establish Subpart C—General Definitions Regulations involve a foreign affairs mechanisms to provide commercial function, Executive Order 12866 and the telecommunications services linking 3. Revise § 515.307 to read as follows: ■ third countries and Cuba and in Cuba. provisions of the Administrative OFAC is amending section 515.578 to Procedure Act (5 U.S.C. 553) requiring § 515.307 Unblocked national. authorize persons subject to U.S. notice of proposed rulemaking, Any person licensed pursuant to jurisdiction to provide additional opportunity for public participation, § 515.505 as an unblocked national services incident to internet-based and delay in effective date are shall, while so licensed, be regarded as communications and related to certain inapplicable. Because no notice of a person who is not a national of any exportations and reexportations of proposed rulemaking is required for this designated foreign country. communications items. rule, the Regulatory Flexibility Act (5 4. In § 515.329, revise the section ■ Certain transactions with Cuban U.S.C. 601–612) does not apply. heading and introductory text to read as nationals located outside of Cuba. Paperwork Reduction Act follows: OFAC is adding new section 515.585 to The collections of information related authorize U.S.-owned or -controlled § 515.329 Person subject to the to the Regulations are contained in 31 entities in third countries to provide, jurisdiction of the United States; person with some limitations, goods and CFR part 501 (the ‘‘Reporting, subject to U.S. jurisdiction. services to Cuban nationals in third Procedures and Penalties Regulations’’). The terms person subject to the countries. OFAC is amending section Pursuant to the Paperwork Reduction jurisdiction of the United States and 515.505 to unblock accounts of Cuban Act of 1995 (44 U.S.C. 3507), those person subject to U.S. jurisdiction nationals who have permanently collections of information have been include: relocated outside of Cuba. OFAC is approved by the Office of Management * * * * * amending section 515.579 to authorize and Budget under control number 1505– funds transfers through the United 0164. An agency may not conduct or Subpart E—Licenses, Authorizations, States for the personal expenditures of sponsor, and a person is not required to and Statements of Licensing Policy employees, grantees, and contractors, respond to, a collection of information and persons who share a common unless the collection of information ■ 5. Revise § 515.505 to read as follows: dwelling as a family member of such displays a valid control number. § 515.505 Certain Cuban nationals employees, grantees, and contractors, of List of Subjects in 31 CFR Part 515 unblocked. third-country official missions in Cuba Administrative practice and or any intergovernmental organization General license unblocking certain (a) procedure, Banking, Blocking of assets, in which the United States is a member The following persons are persons. Cuba, Remittances, Reporting and or holds observer status in Cuba. OFAC licensed as unblocked nationals, as that recordkeeping requirements, Travel is adding new section 515.581 to term is defined in § 515.307 of this part: restrictions. authorize persons subject to U.S. (1) Any individual national of Cuba For the reasons set forth in the jurisdiction to sponsor and participate who: preamble, the Department of the in third-country professional meetings (i) Has taken up residence in the Treasury’s Office of Foreign Assets and conferences that are attended by United States; and Control amends 31 CFR part 515 as set Cuban nationals, and new section (ii) Is a United States citizen; is a forth below: 515.583 to permit the provision of lawful permanent resident alien of the VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

3 2293 / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations Federal Register subject to U.S. jurisdiction may also rely items. The travel-related transactions set United States; has applied to become a on evidence that the individual has lawful permanent resident alien of the forth in § 515.560(c) and such additional been resident for the past two years United States and has an adjustment of transactions as are directly incident to without interruption in a single country status application pending; or is the conduct of market research, outside of Cuba, or a sworn statement or lawfully present and intending to commercial marketing, sales other evidence that the individual does lawfully remain in the United States on negotiation, accompanied delivery, or not intend to, or would not be welcome a permanent basis; and servicing in Cuba of items consistent (iii) Is not a prohibited official of the to, return to Cuba. with the export or reexport licensing (d) For the purposes of paragraph Government of Cuba, as defined in policy of the Department of Commerce (a)(1) of this section, the term ‘‘lawfully § 515.337 of this part, or a prohibited are authorized, provided that the present and intending to lawfully member of the Cuban Communist Party, traveler’s schedule of activities does not remain in the United States on a as defined in § 515.338 of this part. include free time or recreation in excess (2) Any individual national of Cuba permanent basis’’ includes an of that consistent with a full-time who has taken up permanent residence individual with a pending application schedule. outside of Cuba, provided that the for asylum or who has been paroled into (e) Specific licenses. Specific licenses required documentation specified in the United States under Cuban Parole or may be issued on a case-by-case basis paragraph (c) of this section is obtained Cuban Medical designations. It does not authorizing the travel-related and the individual is not a prohibited include anyone present in the United transactions set forth in § 515.560(c) and official of the Government of Cuba, as States in a non-immigrant status. such other transactions as are related to defined in § 515.337 of this part, or a See § 515.571 for the Note to § 515.505: the exportation and reexportation of prohibited member of the Cuban authorization of certain limited transactions items to Cuba when such transactions Communist Party, as defined in incident to travel to, from, and within the do not qualify for the general license United States by Cuban nationals who are § 515.338 of this part; and under paragraph (d) of this section. present in the United States in a non- (3) Any entity that otherwise would 7. Revise § 515.542 to read as follows: ■ immigrant status or pursuant to other non- be a national of Cuba solely because of immigrant travel authorization issued by the the interest therein of one or more § 515.542 Mail and telecommunications- U.S. government. persons licensed in this paragraph (a) as related transactions. an unblocked national. 6. Amend § 515.533 by revising the ■ (a) All transactions, including the section heading and paragraph Note to § 515.505(a): An individual payments, incident to the receipt or (a)(2), redesignating the Note to unblocked pursuant to this paragraph does transmission of mail between the United not become blocked again merely by leaving paragraph (b) as the Note to § 515.533(b) States and Cuba by persons subject to the United States or the country in which he and revising it, revising paragraphs (d) U.S. jurisdiction are authorized. or she has taken up permanent residence. An and (e), and removing paragraphs (f) and (b) All transactions, including individual unblocked national remains (g) to read as follows: payments, incident to the provision of unblocked unless and until the individual thereafter becomes domiciled in or a telecommunications services related to § 515.533 Exportations from the United permanent resident of Cuba. the transmission or the receipt of States to Cuba; reexportations of 100% U.S.-origin items to Cuba; negotiation of telecommunications involving Cuba, (b) General license unblocking executory contracts. including the entry into and blocked accounts. Banking institutions, (a) * * * performance under roaming service as defined in § 515.314, including U.S. (2) Only the following payment and agreements with telecommunications registered brokers or dealers in financing terms may be used: services providers in Cuba, by persons securities and U.S. registered money (i) Payment of cash in advance. For subject to U.S. jurisdiction are transmitters, are authorized to unblock the purposes of this section, the term authorized. This paragraph does not any blocked account, as defined in ‘‘payment of cash in advance’’ shall authorize any transactions addressed in § 515.319, that had been previously mean payment before the transfer of title paragraphs (c) or (d) of this section, nor blocked solely because of the interest to, and control of, the exported items to does it authorize the entry into or therein of one or more persons licensed the Cuban purchaser; or performance of a contract with or for the in paragraph (a) of this section as (ii) Financing by a banking institution benefit of any particular individual in unblocked nationals. located in a third country provided the Cuba. In Required documentation. (c) banking institution is not a designated (c) All persons subject to U.S. determining whether an individual national, a U.S. citizen, a U.S. jurisdiction are authorized to enter into, national of Cuba qualifies as an permanent resident alien, or an entity and make payments under, contracts unblocked national under paragraph organized under the laws of the United with telecommunications service (a)(2) of this section, persons subject to States or any jurisdiction within the providers, or particular individuals in U.S. jurisdiction must obtain evidence United States (including any foreign Cuba, for telecommunications services demonstrating that the individual branch of such an entity). Such provided to particular individuals in satisfies the requirements of that financing may be confirmed or advised Cuba, provided that such individuals in paragraph. Such evidence may include by a U.S. banking institution. Cuba are not prohibited officials of the copies of documents issued by * * * * * Government of Cuba, as defined in government authorities demonstrating § 515.337 of this part, or prohibited citizenship or lawful permanent This paragraph does Note to § 515.533(b): not authorize transactions related to travel to, members of the Cuban Communist residence in a third country. These from, or within Cuba. See paragraph (d) for Party, as defined in § 515.338 of this could include, depending on the a general license addressing such part. The authorization in this information provided in the document transactions, and paragraph (e) with respect paragraph includes payment for in question, a passport, voter to specific licenses. activation, installation, usage (monthly, registration card, permanent resident pre-paid, intermittent, or other), alien card, national identity card, or * * * * * roaming, maintenance, and termination other similar documents. Where such (d) General license for travel-related fees. documents are unavailable, persons transactions incident to sales of certain VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

4 2294 / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations Federal Register (b) Engaging or has engaged in trade (d) 8. Amend § 515.545 by revising ■ General license for with Cuba that is exempt from the telecommunications facilities. paragraph (b) and adding new paragraph prohibitions of this part (see § 515.206); Transactions, including payments, (c) to read as follows: (c) Engaging or has engaged in the incident to the establishment of § 515.545 Transactions related to exportation or re-exportation to Cuba facilities, including fiber-optic cable and information and informational materials. from a third country of agricultural satellite facilities, to provide * * * * * commodities, medicine, or medical telecommunications services linking the (b) The travel-related General license. devices that would be designated as United States or third countries and transactions set forth in § 515.560(c) and EAR99 under the Export Administration Cuba, including facilities to provide such additional transactions as are ), if et seq. Regulations (15 CFR part 730 telecommunications services in Cuba, directly incident to the exportation, they were located in the United States; are authorized. importation, or transmission of or (e) Any entity subject to U.S. information or informational materials (d) A foreign vessel that has entered jurisdiction relying on paragraph (b), (c), as defined in § 515.332 are authorized, a port or place in Cuba while carrying or (d) of this section shall notify OFAC provided that the traveler’s schedule of students, faculty, and staff that are in writing within 30 days after activities does not include free time or authorized to travel to Cuba pursuant to commencing or ceasing to offer such recreation in excess of that consistent § 515.565(a). services, as applicable, and shall furnish with a full-time schedule. by January 15 and July 15 of each year Note to § 515.550(d): This general license (c) Specific licenses. Specific licenses semiannual reports providing the total does not authorize vessels to transport may be issued on a case-by-case basis amount of all payments made to Cuba persons between the United States and Cuba. authorizing the travel-related See § 515.572(c). or a third country related to any of the transactions set forth in § 515.560(c) and services authorized by this section ■ 12. Amend § 515.559 by revising the such other transactions as are related to during the prior six months. These section heading, removing and reserving information and informational materials notifications and reports must be paragraph (b)(2), adding new paragraphs that do not qualify for the general captioned ‘‘Section 515.542 (d) and (e), redesignating the Note to license under paragraph (b) of this Notification’’ or ‘‘Section 515.542 § 515.559 as Note 1 to § 515.559, and by section. Report’’ and faxed to 202/622–6931 or revising it, and by adding new Note 2 * * * * * mailed to the Office of Foreign Assets to § 515.559 to read as follows: Regulatory Affairs Control, Attn: ■ 9. Revise § 515.548 to read as follows: Division, 1500 Pennsylvania Avenue § 515.559 Certain export and import § 515.548 Services rendered by Cuba to transactions by U.S.-owned or -controlled NW., Annex, Washington, DC 20220. United States aircraft. foreign firms. (f) For purposes of this section, the The receipt of services from Cuba and term ‘‘telecommunications services’’ * * * * * payment to Cuba of charges for services includes data, telephone, telegraph, (b) * * * rendered by Cuba in connection with internet connectivity, radio, television, (2) [Reserved] overflights of Cuba or emergency news wire feeds, and similar services, * * * * * landings in Cuba by aircraft registered regardless of the medium of Travel-related (d) General license. in the United States or owned or transmission, including transmissions transactions set forth in § 515.560(c) and controlled by, or chartered to, persons by satellite. such other transactions as are directly subject to U.S. jurisdiction are (g) Nothing in this section authorizes incident to market research, commercial authorized. the exportation or reexportation of any marketing, sales negotiation, items to Cuba. For the rules related to ■ 10. Revise § 515.549 to read as accompanied delivery, or servicing of authorization of exports and reexports follows: exports that are consistent with the to Cuba, see §§ 515.533 and 515.559. licensing policy under paragraph (a) of § 515.549 Bank accounts and other (h) Nothing in this section authorizes this section are authorized, provided property of non-Cuban decedents in Cuba transactions related to travel to, from, or that the traveler’s schedule of activities on or after July 8, 1963. within Cuba. does not include free time or recreation Specific licenses may be issued For an authorization Note 1 to § 515.542: in excess of that consistent with a full- authorizing the administration of the of travel-related transactions that are directly time schedule. estates of non-Cuban decedents who incident to the conduct of market research, (e) Specific licenses. Specific licenses died in Cuba on or after July 8, 1963, commercial marketing, sales negotiation, may be issued on a case-by-case basis provided that any distribution to a accompanied delivery, or servicing in Cuba authorizing the travel-related of items consistent with the export or blocked national of Cuba is made by transactions set forth in § 515.560(c) and reexport policy of the Department of deposit in a blocked account in a such other transactions as are related to Commerce, see § 515.533(d). For an domestic bank in the name of the certain transactions by U.S.-owned or authorization of travel-related transactions blocked national. that are directly incident to participation in -controlled foreign firms with Cuba that ■ 11. Revise § 515.550 to read as professional meetings, including where such do not qualify for the general license follows: meetings are for the market research for, under paragraph (d) of this section. commercial marketing of, sales negotiation § 515.550 Certain vessel transactions For authorization of Note 1 to § 515.559: for, accompanied delivery of, servicing of, or authorized. the reexportation of U.S.-origin items, see performance under contracts for the § 515.533. Transactions by U.S.-owned or provision of telecommunications services, or Unless a vessel is otherwise engaging -controlled foreign firms directly incident to the establishment of facilities to provide or has otherwise engaged in transactions the exportation of information or telecommunications services, authorized by that would prohibit entry pursuant to informational materials or the donation of paragraphs (b), (c), or (d) of this section, see § 515.207, § 515.207 shall not apply to a food to nongovernmental entities or § 515.564(a). vessel that is: individuals in Cuba are exempt from the (a) Engaging or has engaged in trade prohibitions of this part. See § 515.206. For Note 2 to § 515.542: For an authorization with Cuba authorized pursuant to the waiver of the prohibitions contained in of certain internet-related services, see § 515.578. § 515.533 or § 515.559; § 515.207 with respect to vessels transporting VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

5 2295 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations § 515.561 Family visits. shipments of items pursuant to this section, acquisition in Cuba and importation as see § 515.550. accompanied baggage into the United Persons subject to General license. (a) States of merchandise with a value not the jurisdiction of the United States and See § 515.585 for Note 2 to § 515.559: to exceed $400 per person are persons traveling with them who share provisions related to certain transactions by authorized, provided that no more than a common dwelling as a family with U.S.-owned or -controlled firms in third $100 of the merchandise consists of them are authorized to engage in the countries with certain Cuban nationals. alcohol or tobacco products and the travel-related transactions set forth in 13. Amend § 515.560 by revising ■ merchandise is imported for personal § 515.560(c) and such additional paragraph (a), (c)(2), (c)(3), (c)(4)(i), use only. The importation of Cuban- transactions as are directly incident to (c)(5), (d) introductory text, removing origin information and informational visiting a close relative, as defined in and reserving paragraph (e), and adding materials is exempt from the § 515.339, who is a national of Cuba; a Notes 1, 2, and 3 to § 515.560 to read as prohibitions of this part, as described in person ordinarily resident in Cuba; a follows: § 515.206. The importation of certain person located in Cuba pursuant to the other specified goods and services is authorizations in § 515.565(a)(1) § 515.560 Travel-related transactions to, authorized in § 515.582. through (4) (educational activities), from, and within Cuba by persons subject (4) * * * provided that the authorized traveler to U.S. jurisdiction. (i) The total of all remittances will be in Cuba for more than 60 days; (a) The travel-related transactions authorized by § 515.570(a) through (d) or a person located in Cuba pursuant to listed in paragraph (c) of this section does not exceed $10,000; and the authorization in § 515.562 (official may be authorized either by a general government business). * * * * * license or on a case-by-case basis by a specific license for travel related to the Processing certain financial (5) Each person relying Note to § 515.561(a): following activities (see the referenced on the general authorization in this instruments. All transactions incident to paragraph must retain specific records sections for the applicable general and the processing and payment of credit related to the authorized travel transactions. specific licensing criteria): cards, debit cards, stored value cards, See §§ 501.601 and 501.602 of this chapter (1) Family visits (see § 515.561); checks, drafts, travelers’ checks, and for applicable recordkeeping and reporting (2) Official business of the U.S. similar instruments used or negotiated requirements. government, foreign governments, and in Cuba by any person authorized certain intergovernmental organizations Specific licenses. (b) Specific licenses pursuant to this part to engage in (see § 515.562); may be issued on a case-by-case basis financial transactions in Cuba are (3) Journalistic activity (see authorizing the travel-related authorized. Persons subject to U.S. § 515.563); transactions set forth in § 515.560(c) and jurisdiction may rely on the traveler (4) Professional research and such other transactions as are related to with regard to compliance with this professional meetings (see § 515.564); family visits that do not qualify for the paragraph, provided that such persons (5) Educational activities (see general license under paragraph (a) of do not know or have reason to know § 515.565); this section. that a transaction is not authorized by (6) Religious activities (see § 515.566); (c) An entire group does not qualify this section. (7) Public performances, clinics, for the general license in paragraph (a) Note to § 515.560(c)(5): Please see workshops, athletic and other of this section merely because some § 515.584 for additional provisions related to competitions, and exhibitions (see members of the group qualify the processing and payment of credit and § 515.567); individually. debit card transactions. (8) Support for the Cuban people (see ■ 15. Revise § 515.562 to read as (d) A blocked Cuban national § 515.574); follows: permanently resident in Cuba who is (9) Humanitarian projects (see departing the United States may carry § 515.575); § 515.562 Official business of the U.S. currency as follows: government, foreign governments, and (10) Activities of private foundations certain intergovernmental organizations. * * * * * or research or educational institutes (see (e) [Reserved] § 515.576); (a) The travel-related transactions set (11) Exportation, importation, or forth in § 515.560(c) and such additional * * * * * transmission of information or transactions as are directly incident to Note 1 to § 515.560: Each person relying on informational materials (see § 515.545); activities in their official capacities by the general authorization in this section must and persons who are employees, contractors, retain specific records related to the (12) Certain export transactions that or grantees of the United States authorized travel transactions. See §§ 501.601 may be considered for authorization and 501.602 of this chapter for applicable Government, any foreign government, or recordkeeping and reporting requirements. under existing Department of Commerce any intergovernmental organization of regulations and guidelines with respect which the United States is a member or This section authorizes Note 2 to § 515.560: to Cuba or engaged in by U.S.-owned or holds observer status, and who are the provision of health insurance-, life -controlled foreign firms (see §§ 515.533 traveling on the official business of their insurance-, and travel insurance-related and 515.559). government or intergovernmental services to authorized travelers, as well as the organization, are authorized. * * * * * receipt of emergency medical services and (b) All transactions otherwise (c) * * * the making of payments related thereto. prohibited by this part that are for the (2) All Living expenses in Cuba. The export or reexport Note 3 to § 515.560: conduct of the official business of the transactions ordinarily incident to travel to Cuba of items subject to the Export United States Government or of any within Cuba, including payment of et seq. Administration Regulations (15 CFR ) intergovernmental organization of living expenses and the acquisition in may require separate authorization from the which the United States is a member, or Cuba of goods for personal consumption Department of Commerce. holds observer status, by employees, there, are authorized. grantees, or contractors thereof, are (3) Importation of Cuban ■ 14. Revise § 515.561 to read as authorized. The purchase or other merchandise. follows: VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

6 2296 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations related to the authorized travel transactions. Each person Note to § 515.562(a) and (b): authorizing the travel-related See §§ 501.601 and 501.602 of this chapter relying on the general authorization in this transactions set forth in § 515.560(c) and for applicable recordkeeping and reporting paragraph must retain specific records such other transactions as are related to requirements. related to the authorized travel transactions. journalistic activity in Cuba that do not For example, grantees or contractors relying (b) An entire group does not qualify qualify for the general license under on the authorization in this section must for the general license in paragraph (a) paragraph (a) of this section. retain a copy of their grant or contract with of this section of this section merely ■ 17. Revise § 515.564 to read as the United States Government, foreign because some members of the group government, or intergovernmental follows: qualify individually. organization. See §§ 501.601 and 501.602 of § 515.564 Professional research and this chapter for applicable recordkeeping and professional meetings in Cuba. reporting requirements. Example to § 515.564(b): A musicologist travels to Cuba to research Cuban music (a) General license (c) An entire group does not qualify pursuant to the general license for (1) Professional research. The travel- for the general license in paragraph (a) professional research set forth in paragraph related transactions set forth in of this section merely because some (a) of this section. Others who are simply § 515.560(c) and such additional members of the group qualify interested in music may not engage in travel- transactions as are directly incident to individually. related transactions with the musicologist in professional research are authorized, (d) Specific licenses. Specific licenses reliance on this general license. For example, provided that: an art historian who plays in the same band may be issued on a case-by-case basis (i) The purpose of the research with the musicologist would not qualify for authorizing the travel-related directly relates to the traveler’s the general license. transactions set forth in § 515.560(c) and profession, professional background, or such other transactions as are related to Specific licenses (c) Specific licenses. area of expertise, including area of official government business that do not may be issued on a case-by-case basis graduate-level full-time study; qualify for the general licenses under authorizing the travel-related (ii) The traveler does not engage in paragraph (a) or (b) of this section. transactions set forth in § 515.560(c) and recreational travel, tourist travel, travel such other transactions as are related to 16. Revise § 515.563 to read as ■ in pursuit of a hobby, or research for professional research or professional follows: personal satisfaction only; and meetings in Cuba that do not qualify for (iii) The traveler’s schedule of § 515.563 Journalistic activities in Cuba. the general license under paragraph (a) activities does not include free time or (a) The travel-related General license. of this section. recreation in excess of that consistent transactions set forth in § 515.560(c) and 18. Revise § 515.565 to read as ■ with a full-time schedule of professional such additional transactions as are follows: research. directly incident to journalistic Example to § 515.564(a)(1): The § 515.565 Educational activities. activities in Cuba are authorized, making of a documentary film in Cuba provided that: (a) General license for educational would qualify for the general license in (1) The traveler is at least one of the Persons subject to U.S. activities. this section if it is a vehicle for following: jurisdiction, including U.S. academic presentation of the research conducted (i) Regularly employed as a journalist institutions and their faculty, staff, and pursuant to this section. by a news reporting organization; students, are authorized to engage in the A person does not Note to § 515.564(a)(1): (ii) Regularly employed as supporting travel-related transactions set forth in qualify as engaging in professional research broadcast or technical personnel; § 515.560(c) and such additional merely because that person is a professional (iii) A freelance journalist with a transactions as are directly incident to: who plans to travel to Cuba. record of previous journalistic (1) Participation in a structured experience working on a freelance (2) The travel- Professional meetings. educational program in Cuba as part of journalistic project; or related transactions set forth in a course offered for credit by a U.S. (iv) Broadcast or technical personnel § 515.560(c) and such additional graduate or undergraduate degree- with a record of previous broadcast or transactions as are directly incident to granting academic institution that is technical experience, who are travel to Cuba to attend professional sponsoring the program; supporting a freelance journalist meetings or conferences in Cuba are (2) Noncommercial academic research working on a freelance journalistic authorized, provided that: in Cuba specifically related to Cuba and project; and (i) The purpose of the meeting or for the purpose of obtaining an (2) The traveler’s schedule of conference is not the promotion of undergraduate or graduate degree; activities does not include free time or tourism in Cuba; (3) Participation in a formal course of recreation in excess of that consistent (ii) The purpose of the meeting study at a Cuban academic institution, with a full-time schedule. directly relates to the traveler’s provided the formal course of study in profession, professional background, or Cuba will be accepted for credit toward Note to § 515.563(a): Each person relying area of expertise, including area of the student’s graduate or undergraduate on the general authorization in this graduate-level full-time study; paragraph must retain specific records degree; related to the authorized travel transactions. (iii) The traveler does not engage in (4) Teaching at a Cuban academic See §§ 501.601 and 501.602 of this chapter recreational travel, tourist travel, or institution related to an academic for applicable recordkeeping and reporting travel in pursuit of a hobby; and program at the Cuban institution, requirements. (iv) The traveler’s schedule of provided that the individual is regularly activities does not include free time or (b) An entire group does not qualify employed by a U.S. or other non-Cuban recreation in excess of that consistent for the general license in paragraph (a) academic institution; with a full-time schedule of attendance (5) Sponsorship, including the of this section merely because some at professional meetings or conferences. payment of a stipend or salary, of a members of the group qualify Cuban scholar to teach or engage in individually. Each person relying Note to § 515.564(a): other scholarly activity at the (c) Specific licenses. Specific licenses on the general authorization in this sponsoring U.S. academic institution (in may be issued on a case-by-case basis paragraph must retain specific records VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

7 2297 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations staff (including adjunct faculty and part-time not qualify for the general license. addition to those transactions Authorized trips are expected to be led by the staff) of the sponsoring U.S. academic authorized by the general license organization and to have a full-time schedule institution to participate in the activities contained in § 515.571). Such earnings of activities in which the travelers will described in this paragraph. A student may be remitted to Cuba as provided in participate. currently enrolled in a U.S. academic § 515.570 or carried on the person of the institution is authorized pursuant to this Cuban scholar returning to Cuba as Note to § 515.565(a) and (b): Each person paragraph to participate in the academic relying on the general authorizations in these provided in § 515.560(d)(3); activities in Cuba described above through paragraphs, including entities sponsoring any sponsoring U.S. academic institution. Note to § 515.565(a)(5): See § 515.571(a) for travel pursuant to the authorization in authorizations related to certain banking (b) General license for people-to- § 515.565(b), must retain specific records transactions by Cuban nationals. The travel-related people travel. related to the authorized travel transactions. See §§ 501.601 and 501.602 of this chapter (6) Educational exchanges sponsored transactions set forth in § 515.560(c) and for applicable recordkeeping and reporting by Cuban or U.S. secondary schools such additional transactions as are requirements. involving secondary school students’ directly incident to educational participation in a formal course of study exchanges not involving academic study (c) Transactions related to activities or in a structured educational program pursuant to a degree program are that are primarily tourist-oriented, offered by a secondary school or other authorized, provided that: including self-directed educational (1) The exchanges take place under academic institution and led by a activities that are intended only for the auspices of an organization that is a teacher or other secondary school personal enrichment, are not authorized person subject to U.S. jurisdiction and official. This includes participation by a pursuant to this section. Specific licenses. (d) Specific licenses that sponsors such exchanges to reasonable number of adult chaperones may be issued on a case-by-case basis promote people-to-people contact; to accompany the secondary school (2) Travel-related transactions authorizing the travel-related students to Cuba. (7) Sponsorship or co-sponsorship of pursuant to this authorization must be transactions set forth in § 515.560(c) and noncommercial academic seminars, for the purpose of engaging, while in such other transactions as are related to conferences, and workshops related to Cuba, in a full-time schedule of educational activities that do not qualify Cuba or global issues involving Cuba activities intended to enhance contact for the general licenses under paragraph and attendance at such events by with the Cuban people, support civil (a) or (b) of this section. faculty, staff, and students of a society in Cuba, or promote the Cuban 19. Revise § 515.566 to read as ■ participating U.S. academic institution; people’s independence from Cuban follows: (8) The organization of, and authorities; § 515.566 Religious activities in Cuba. preparation for, activities described in (3) Each traveler has a full-time (a) General license. Persons subject to paragraphs (a)(1) through (a)(7) of this schedule of educational exchange U.S. jurisdiction, including religious section by members of the faculty and activities that will result in meaningful organizations located in the United staff of the sponsoring U.S. academic interaction between the traveler and States and members and staff of such institution or secondary school; or individuals in Cuba; organizations, are authorized to engage (9) Facilitation by an organization that (4) An employee, paid consultant, or in the travel-related transactions set is a person subject to U.S. jurisdiction, agent of the sponsoring organization forth in § 515.560(c) and such additional or a member of the staff of such an accompanies each group traveling to transactions as are directly incident to organization, of licensed educational Cuba to ensure that each traveler has a engaging in religious activities in Cuba, activities in Cuba on behalf of U.S. full-time schedule of educational provided that the travel-related academic institutions or secondary exchange activities; and transactions pursuant to this schools, provided that: (5) The predominant portion of the (i) The organization is directly authorization must be for the purpose of activities engaged in by individual affiliated with one or more U.S. engaging, while in Cuba, in a full-time travelers is not with individuals or academic institutions or secondary schedule of religious activities. entities acting for or on behalf of a schools; prohibited official of the Government of Each person relying Note to § 515.566(a): (ii) The organization facilitates Cuba, as defined in 31 CFR 515.337 of on the general authorization in this educational activities that meet the this part, or a prohibited member of the paragraph must retain specific records requirements of one or more of the related to the authorized travel transactions. Cuban Communist Party, as defined in See §§ 501.601 and 501.602 of this chapter general licenses set forth in 31 CFR 515.338 of this part. for applicable recordkeeping and reporting § 515.565(a)(1), (a)(2), (a)(3), and (a)(6); Example to § 515.565(b): An requirements. and organization wishes to sponsor and (iii) The educational activities the (b) Financial and material donations organize educational exchanges not organization facilitates in Cuba must, by to Cuba or Cuban nationals are not involving academic study pursuant to a prior agreement, be accepted for credit authorized by this section. degree program for individuals to learn by the affiliated U.S. academic side-by-side with Cuban individuals in Note to § 515.566(b): See § 515.570 institution or approved by the affiliated areas such as environmental protection regarding authorized remittances to religious secondary school. organizations in Cuba and for other purposes. or the arts. The travelers will have a See § 515.533 regarding the exportation of full-time schedule of educational Note 1 to § 515.565(a): U.S. academic items from the United States to Cuba. exchange activities that will result in institutions or secondary schools engaging in activities authorized pursuant to this section meaningful interaction between the Specific licenses. (c) Specific licenses are permitted to open and maintain accounts travelers and individuals in Cuba. The may be issued on a case-by-case basis at Cuban financial institutions for the organization’s activities qualify for the authorizing the travel-related purpose of accessing funds in Cuba for general license. transactions set forth in § 515.560(c) and transactions authorized pursuant to this such other transactions as are related to Note to § 515.565(b): An organization that section. religious activities that do not qualify sponsors and organizes trips to Cuba in for the general license under paragraph Note 2 to § 515.565(a): This paragraph which travelers engage in individually (a) of this section. authorizes all members of the faculty and selected and/or self-directed activities would VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

8 2298 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations for the general license in paragraph (a). The Religious organizations Note to § 515.566: Communist Party, as defined in game will, however, be open to the Cuban engaging in activities authorized pursuant to § 515.338 of this part; public and any profits after costs from the this section are permitted to open and (4) The remittances are not made for game will be donated to an independent non- maintain accounts at Cuban financial emigration-related purposes. governmental organization in Cuba. The institutions for the purpose of accessing Remittances for emigration-related baseball team’s activities would qualify for funds in Cuba for transactions authorized purposes are addressed by paragraph (e) the general license in paragraph (b). pursuant to this section. of this section; and Note to § 515.567(a) and (b): Each person ■ 20. Revise § 515.567 to read as (5) The remitter, if an individual, is 18 relying on the general authorizations in these follows: years of age or older. paragraphs must retain specific records * * * * * related to the authorized travel transactions. § 515.567 Public performances, clinics, (d) Remittances to students in Cuba See §§ 501.601 and 501.602 of this chapter workshops, athletic and other competitions, for applicable recordkeeping and reporting pursuant to an educational license and exhibitions. requirements. Persons subject to the authorized. (a) General license for amateur and jurisdiction of the United States who are semi-professional international sports (c) An entire group does not qualify 18 years of age or older are authorized The travel- federation competitions. for the general license in paragraph (a) to make remittances to close relatives, as related transactions set forth in or (b) of this section merely because defined in § 515.339 of this part, who § 515.560(c) and such other transactions some members of the group qualify are students in Cuba pursuant to the as are directly incident to athletic individually. general license authorizing certain (d) Specific licenses. Specific licenses competition by amateur or semi- educational activities in § 515.565(a) or may be issued on a case-by-case basis professional athletes or athletic teams a specific license issued pursuant to authorizing the travel-related traveling to participate in athletic § 515.565(d), provided that the transactions set forth in § 515.560(c) and competition in Cuba are authorized, remittances are not made from a blocked such other transactions as are related to provided that: source and are for the purpose of (1) The athletic competition in Cuba public performances, clinics, funding transactions authorized by the is held under the auspices of the workshops, athletic and other general licenses in § 515.565(a) or the international sports federation for the competitions, and exhibitions that do specific license issued pursuant to relevant sport; not qualify for the general licenses § 515.565(d) under which the student is (2) The U.S. participants in the under paragraphs (a) or (b) of this traveling. athletic competition are selected by the section. U.S. federation for the relevant sport; * * * * * 21. Amend § 515.569 by adding a Note ■ and (g) Remittances to certain individuals to § 515.569 to read as follows: (3) The competition is open for and independent non-governmental § 515.569 Foreign passengers’ baggage. attendance, and in relevant situations, organizations in Cuba. Remittances by participation, by the Cuban public. persons subject to U.S. jurisdiction to * * * * * General license for public (b) individuals and independent non- Pursuant to Note to § 515.569: performances, clinics, workshops, other governmental entities in Cuba, § 515.560(c)(3), a person other than a citizen athletic or non-athletic competitions, including pro-democracy groups and or resident of the United States arriving in and exhibitions. The travel-related civil society groups, and to members of the United States on a trip that included transactions set forth in § 515.560(c) and Cuba is authorized to import as accompanied such groups or organizations, are such other transactions as are directly baggage alcohol or tobacco products authorized for the following purposes, purchased or otherwise acquired in Cuba incident to participation in a public provided that the remittances are not with a value not to exceed $100 for personal performance, clinic, workshop, athletic made from a blocked source: use only. See § 515.560(c)(3). competition not covered by paragraph (1) To support humanitarian projects (a) of this section, non-athletic in or related to Cuba that are designed 22. Amend § 515.570 by revising ■ competition, or exhibition in Cuba by to directly benefit the Cuban people, as paragraphs (b), (d), and (g), adding new participants in such activities are set forth in § 515.575(b); paragraph (h), redesignating the Note to authorized, provided that: (2) To support the Cuban people § 515.570 as Note 1 to § 515.570 and (1) The event is open for attendance, through activities of recognized human revising it, and adding new Note 2 to and in relevant situations participation, rights organizations, independent § 515.570 to read as follows: by the Cuban public; organizations designed to promote a (2) All U.S. profits from the event § 515.570 Remittances. rapid, peaceful transition to democracy, after costs are donated to an * * * * * and activities of individuals and non- independent nongovernmental (b) Periodic remittances authorized. governmental organizations that organization in Cuba or a U.S.-based Persons subject to the jurisdiction of the promote independent activity intended charity, with the objective, to the extent United States are authorized to make to strengthen civil society in Cuba; and possible, of promoting people-to-people periodic remittances to Cuban nationals, (3) To support the development of contacts or otherwise benefiting the provided that: private businesses, including small Cuban people; and (1) The remitter’s total remittances farms. (3) Any clinics or workshops in Cuba Specific licenses (h) Specific licenses. pursuant to paragraph (b) of this section must be organized and run, at least in may be issued on a case-by-case basis to any one Cuban national do not part, by the authorized traveler. authorizing the following: exceed $2,000 in any consecutive three- (1) Remittances by persons subject to month period; An Example to § 515.567(a) and (b): U.S. jurisdiction to a person in Cuba, (2) The remittances are not made from amateur baseball team wishes to travel to directly or indirectly, for transactions to a blocked source; Cuba to compete against a Cuban team in a facilitate non-immigrant travel by an (3) The recipient is not a prohibited be baseball game in Cuba. The game will not individual in Cuba to the United States official of the Government of Cuba, as held under the auspices of the international under circumstances where defined in § 515.337 of this part, or a sports federation for baseball. The baseball humanitarian need is demonstrated, prohibited member of the Cuban team’s activities therefore would not qualify VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

9 2299 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations emergency medical services and making or related to safety and security of flights to and including illness or other medical receipt of payment related thereto. from Cuba, or necessary to arrange for travel emergency. or carrier services or remittance forwarding (2) Remittances from a blocked (b) Payments and transfers of credit in to Cuba. account to a Cuban national in excess of the United States from blocked accounts the amount specified in paragraph (f)(2) (b) Required reports and in domestic banking institutions held in of this section. recordkeeping. (1) Persons subject to the name of a Cuban national who is U.S. jurisdiction providing services present in the United States in a non- Note 1 to § 515.570: This section does not authorize investment with respect to Cuba. authorized pursuant to this section must immigrant status or pursuant to other retain for at least five years from the non-immigrant travel authorization Note 2 to § 515.570: For the rules relating date of the transaction a certification issued by the U.S. government to or to the carrying of remittances to Cuba, see from each customer indicating the upon the order of such Cuban national § 515.560(c)(4). See § 515.572 for an section of this part that authorizes the are authorized provided that: authorization related to the collection or person to travel or send remittances to forwarding of certain remittances to Cuba. * * * * * Cuba. In the case of a customer traveling For the authorization of Note to § 515.571: ■ 23. Amend § 515.571 by revising the under a specific license, a copy of the certain transactions by Cuban nationals who introductory text to paragraph (a), license must be maintained on file with become U.S. citizens; are lawful permanent revising paragraph (a)(3) and the the person subject to U.S. jurisdiction resident aliens of the United States; have introductory text to paragraph (a)(5), providing services authorized pursuant applied to become a lawful permanent adding a new Note to § 515.571(a)(5), to this section. resident alien of the United States and have adding a new Note to § 515.571(a), an adjustment of status application pending; (2) The names and addresses of revising the introductory text to or are lawfully present and intending to individual travelers or remitters, the lawfully remain in the United States on a paragraph (b), and revising the Note to number and amount of each remittance, permanent basis, see § 515.505 of this part. § 515.571 to read as follows: and the name and address of each recipient, as applicable, must be ■ 24. Revise § 515.572 to read as § 515.571 Certain transactions incident to retained on file with all other follows: travel to, from, and within the United States information required by § 501.601 of by Cuban nationals. § 515.572 Authorization to provide travel this chapter. These records must be (a) Except as provided in paragraph services, carrier services, and remittance furnished to the Office of Foreign Assets (c) of this section, the following forwarding services. Control on demand pursuant to transactions by or on behalf of a Cuban (a) —(1) General licenses § 501.602 of this chapter. national who is present in the United Authorization to provide travel services. (c) Specific licenses Specific licenses. States in a non-immigrant status or Persons subject to U.S. jurisdiction are may be issued on a case-by-case basis pursuant to other non-immigrant travel authorized to provide travel services in authorizing the provision of travel-, authorization issued by the U.S. connection with travel-related carrier-, or remittance forwarding- government are authorized: transactions involving Cuba authorized services other than those authorized by * * * * * pursuant to this part. paragraph (a) of this section, including (3) All transactions on behalf of (2) Authorization to provide carrier the transportation of authorized aircraft or vessels incident to flights or services. Persons subject to U.S. travelers by vessels. voyages between the United States and jurisdiction are authorized to provide Cuba, provided that the carrier services 25. Amend § 515.573 by revising the ■ carrier services by aircraft to, from, or are authorized pursuant to § 515.572. introductory text to paragraph (a), within Cuba in connection with travel This paragraph does not authorize the revising paragraph (c), removing or transportation to Cuba of persons, carriage of any merchandise into the paragraph (d), and adding new Note to baggage, or cargo authorized pursuant to United States except accompanied § 515.573 to read as follows: this part. baggage; and Note to § 515.572(a)(2): Carriage to or from § 515.573 Transactions by news * * * * * Cuba of any item subject to the Export organizations. (5) All transactions ordinarily Administration Regulations (15 CFR part 730 (a) All transactions necessary for the incident to the Cuban national’s ) may also require separate et seq. establishment and operation of news presence in the United States in a non- authorization from the Department of bureaus in Cuba whose primary purpose Commerce. See § 515.533. immigrant status or other non- is the gathering and dissemination of immigrant travel authorization issued (3) Authorization to provide news to the general public are by the U.S. government. remittance forwarding services. Banking authorized, including such other * * * * * institutions, as defined in § 515.314, transactions as are incident to the including U.S.-registered brokers or Note to § 515.571(a)(5): This paragraph following: dealers in securities and U.S.-registered authorizes depository institutions to open * * * * * money transmitters, are authorized to and maintain accounts for a Cuban national (c) The hiring and employment of who is present in the United States in a non- provide services in connection with the immigrant status or pursuant to other non- Cuban nationals in Cuba to provide collection or forwarding of remittances immigrant travel authorization for the reporting services or other services authorized pursuant to this part. duration of the Cuban national’s stay in the related to the gathering and Note to § 515.572(a): Section 515.564 United States in such status, and to close dissemination of news is authorized. authorizes employees, officials, consultants, such accounts prior to the departure of the or agents of persons subject to U.S. The export or reexport Note to § 515.573: Cuban national from the United States. jurisdiction providing travel or carrier to Cuba of items subject to the Export Accounts that are not closed prior to the services or remittance forwarding services Administration Regulations (15 CFR part 730 departure of such a Cuban national from the authorized pursuant to this part to engage in ) may require separate authorization et seq. United States must be blocked and reported the travel-related transactions set forth in from the Department of Commerce. as such. § 515.560(c) and such additional transactions ■ 26. Revise § 515.574 to read as as are directly incident to travel to Cuba for Note to § 515.571(a): This paragraph authorizes the provision or receipt of follows: professional meetings in Cuba, such as those VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

10 2300 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations the study, these activities qualify for the § 515.574 Support for the Cuban People. environmental projects; projects general license. involving formal or non-formal General license. (a) The travel-related educational training, within Cuba or off- transactions set forth in § 515.560(c) and Note to § 515.576(a): Each person relying on the general authorization in this island, on the following topics: other transactions that are intended to paragraph must retain specific records entrepreneurship and business, civil provide support for the Cuban people related to the authorized travel transactions. education, journalism, advocacy and are authorized, provided that: See §§ 501.601 and 501.602 of this chapter organizing, adult literacy, or vocational (1) The activities are of: for applicable recordkeeping and reporting skills; community-based grassroots (i) Recognized human rights requirements. projects; projects suitable to the organizations; (b) An entire group does not qualify development of small-scale private (ii) Independent organizations for the general license in paragraph (a) enterprise; projects that are related to designed to promote a rapid, peaceful of this section merely because some agricultural and rural development that transition to democracy; or members of the group qualify promote independent activity; (iii) Individuals and non- individually. microfinancing projects, except for governmental organizations that (c) Specific licenses. Specific licenses loans, extensions of credit, or other promote independent activity intended may be issued on a case-by-case basis financing prohibited by § 515.208; and to strengthen civil society in Cuba; and authorizing the travel-related projects to meet basic human needs. (2) The traveler’s schedule of transactions set forth in § 515.560(c) and activities does not include free time or A U.S. group of Example to § 515.575(b): such other transactions as are related to recreation in excess of that consistent medical professionals that specializes in activities of private foundations or with a full-time schedule. disease treatment wishes to support a research or educational institutes that community in Cuba by providing the latest Note to § 515.574(a): Each person relying do not qualify for the general license techniques and literature in disease on the general authorization in this education and prevention directly to the under paragraph (a) of this section. paragraph must retain specific records Cuban people. Provided that the medical 29. Revise § 515.578 to read as ■ related to the authorized travel transactions. professionals in the group maintain a full- follows: See §§ 501.601 and 501.602 of this chapter time schedule related to disease education for applicable recordkeeping and reporting and prevention, these activities qualify for § 515.578 Exportation and reexportation of requirements. the general license. certain internet-based services. (b) An entire group does not qualify (c) An entire group does not qualify (a) Except as provided in paragraph for the general license in paragraph (a) for the general license in paragraph (a) (b) of this section, the following of this section merely because some of this section merely because some transactions are authorized: members of the group qualify members of the group qualify Certain internet-based services. (1) individually. individually. The exportation or reexportation, (c) Specific licenses. Specific licenses (d) Specific licenses. Specific licenses directly or indirectly, from the United may be issued on a case-by-case basis may be issued on a case-by-case basis States or by a person subject to U.S. authorizing the travel-related authorizing the travel-related jurisdiction to Cuba of services incident transactions set forth in § 515.560(c) and transactions set forth in § 515.560(c) and to the exchange of communications over such other transactions as are related to such other transactions as are related to the internet, such as instant messaging, support for the Cuban people that do humanitarian projects that do not chat and email, social networking, not qualify for the general license under qualify for the general license under sharing of photos and movies, web paragraph (a) of this section. paragraph (a) of this section. browsing, blogging, web hosting ■ 27. Revise § 515.575 to read as provided that it is not for the promotion ■ 28. Revise § 515.576 to read as follows: of tourism, and domain name follows: registration services. § 515.575 Humanitarian projects. § 515.576 Activities of private foundations (2) Services related to certain or research or educational institutes. Transactions, General license. (a) exportations and reexportations. To the (a) The travel-related General license. including the travel-related transactions extent not authorized by paragraph transactions set forth in § 515.560(c) and set forth in § 515.560(c), that are related (a)(1) of this section or by § 515.533, the such additional transactions as are to the humanitarian projects in or exportation or reexportation of services, directly incident to activities by private related to Cuba that are designed to including software design, business foundations or research or educational directly benefit the Cuban people as set consulting, and information technology institutes with an established interest in forth in paragraph (b) are authorized, management services (including cloud international relations to collect provided that the traveler’s schedule of storage), that are related to the following information related to Cuba for activities does not include free time or items, or of services to install, repair noncommercial purposes are recreation in excess of that consistent (including repair training), or replace authorized, provided that the traveler’s with a full-time schedule. such items: schedule of activities does not include (i) In the Items subject to the EAR. Each person relying Note to § 515.575(a): free time or recreation in excess of that case of items subject to the Export on the general authorization in this consistent with a full-time schedule. paragraph must retain specific records Administration Regulations (EAR) (15 related to the authorized travel transactions. ), items exported or CFR part 730 et seq. A private Example to § 515.576(a): See §§ 501.601 and 501.602 of this chapter research foundation that produces essays on reexported to Cuba pursuant to 15 CFR for applicable recordkeeping and reporting international relations issues wishes to send 740.19 (License Exception Consumer requirements. a team made up of its employees and Communication Devices (CCD)); consultants to Cuba to collect information for (ii) Items not subject to the EAR (b) Authorized humanitarian projects. a current study of the relationship that because they are of foreign origin and The following projects are authorized by countries in the Western Hemisphere have In are located outside the United States. paragraph (a) of this section: medical with European countries. Provided that all of the case of items not subject to the EAR and health-related projects; construction the employees and consultants on the team because they are of foreign origin and projects intended to benefit legitimately maintain a full-time schedule of activities are located outside the United States relating to the collection of information for independent civil society groups; VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

11 2301 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations § 515.338 of this part, or to services in connection with, and that are exported, reexported, or organizations administered or participate in conferences or other provided, directly or indirectly, by a controlled by the Government of Cuba similar events in a third country that are person subject to U.S. jurisdiction to or the Cuban Communist Party, except attended by Cuban nationals, provided Cuba pursuant to a specific license for the services specified in paragraph that the conference or other similar issued under § 515.559, items that are of (a)(4) of this section. event does not relate to tourism in Cuba. a type described in License Exception (2) The direct or indirect exportation CCD provided that the items would be Note to § 515.581: The export or reexport of any items to Cuba. designated EAR99 if they were located to Cuba of technology subject to the Export in the United States or would meet the Administration Regulations (15 CFR part 730 Note to § 515.578(b)(2): For provisions ) may require separate authorization et seq. criteria for classification under the related to transactions ordinarily incident to from the Department of Commerce. the exportation or reexportation of items, relevant ECCN specified in License including software, to Cuba, see §§ 515.533 Exception CCD if they were subject to ■ 33. Add § 515.582 to read as follows: and 515.559. the EAR; and § 515.582 Importation of certain goods and (iii) Software not subject to the EAR (c) Specific licenses. Specific licenses services produced by independent Cuban because it is described in 15 CFR may be issued on a case-by-case basis entrepreneurs. 734.3(b)(3). In the case of software not for the exportation of other internet- Persons subject to U.S. jurisdiction subject to the EAR because it is based services. are authorized to engage in all described in 15 CFR 734.3(b)(3) that is 30. Revise § 515.579 to read as ■ transactions, including payments, exported, reexported, or provided, follows: necessary to import certain goods and directly or indirectly, by a person § 515.579 Funds transfers for third-country services produced by independent subject to U.S. jurisdiction to Cuba, official missions and certain Cuban entrepreneurs as determined by software that is of a type described in intergovernmental organizations. the State Department as set forth on the License Exception CCD. (a) Depository institutions, as defined State Department’s Section 515.582 List, Importation into the United States (3) in § 515.333, are authorized to process located at http://www.state.gov/e/eb/tfs/ of certain items previously exported to funds transfers for the operating spi/. The importation into the United Cuba. expenses or other official business in States of items described in paragraph As of the date of Note 1 to § 515.582: Cuba of third-country official missions (2)(i)–(iii) of this section by an publication in the Federal Register of the or any intergovernmental organization individual entering the United States, final rule including this provision, January in which the United States is a member 16, 2015, the State Department’s Section directly or indirectly, from Cuba. or holds observer status. 515.582 List has not yet been published on (4) Exportation, reexportation, or its Web site. The State Department’s Section (b) Depository institutions, as defined provision of no cost services that are 515.582 list also will be published in the in § 515.333, are authorized to process The widely available to the public. Federal Register , as will any changes to the funds transfers and maintain accounts exportation or reexportation, directly or list. for the personal expenditures of the indirectly, from the United States or by employees, grantees, and contractors, or persons subject to U.S. jurisdiction, to a Imports authorized by Note 2 to § 515.582: persons who share a common dwelling prohibited official of the Government of this section are not subject to the limitations as a family member of such employees, set forth in § 515.560(c). Cuba, as defined in § 515.337 of this grantees, and contractors, of third- part, or a prohibited member of the ■ 34. Add § 515.583 to read as follows: country official missions or any Cuban Communist Party, as defined in intergovernmental organization in § 515.338 of this part, or to § 515.583 Provision of certain goods and which the United States is a member or services to Cuban nationals sequestered organizations administered or holds observer status in Cuba. aboard vessels in U.S. ports. controlled by the Government of Cuba 31. Add § 515.580 to read as follows: ■ The provision of goods and services or the Cuban Communist Party, of ordinarily incident and necessary to the services described in paragraph (a)(1) of § 515.580 Global insurance policies personal maintenance of Cuban this section or services related to items covering individuals traveling to Cuba. nationals who are prohibited from exported or reexported pursuant to Persons subject to U.S. jurisdiction disembarking from vessels in U.S. ports License Exception CCD, provided that are authorized to issue or provide is authorized. such services are widely available to the coverage for global health, life, or travel public at no cost to the user. 35. Add § 515.584 to read as follows: ■ insurance policies for individuals Note 1 to § 515.578(a): The export or ordinarily resident in a country outside § 515.584 Certain financial transactions reexport to Cuba of items subject subject to of Cuba who travel to or within Cuba. involving Cuba. the Export Administration Regulations (15 Persons subject to U.S. jurisdiction are Correspondent accounts. (a) et seq. ) may require separate CFR part 730 authorized to service those policies and Depository institutions, as defined in authorization from the Department of pay claims arising from events that § 515.333, are authorized to engage in Commerce. occurred while the individual was all transactions necessary to establish For an authorization Note 2 to § 515.578(a): traveling in, or to or from, Cuba. and maintain correspondent accounts at of transactions related to the provision of a financial institution that is a national Note to § 515.580: Certain insurance- telecommunications services, see § 515.542. related services for persons subject to U.S. of Cuba, provided that such accounts (b) This section does not authorize: jurisdiction traveling to, from, or within Cuba are used only for transactions (1) The direct or indirect exportation are authorized pursuant to § 515.560. See authorized pursuant to, or exempt from, Note 2 to § 515.560. or reexportation of services with this part. knowledge or reason to know that such ■ 32. Add § 515.581 to read as follows: Note to § 515.584(a): This section does not services are intended for a prohibited authorize the establishment and maintenance § 515.581 Transactions related to official of the Government of Cuba, as of accounts in the United States or with a conferences in third countries authorized. defined in § 515.337 of this part, or a person subject to U.S. jurisdiction by, on prohibited member of the Cuban Persons subject to U.S. jurisdiction behalf of, or for the benefit of, Cuba or a Cuban national. Communist Party, as defined in are authorized to sponsor, provide VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

12 2302 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations ) requires separate authorization from et seq. Dated: January 13, 2015. (b) Testing arrangements. Depository the Department of Commerce. institutions are authorized to set up John E. Smith, testing arrangements and exchange Acting Director, Office of Foreign Assets ■ 37. Add § 515.586 to read as follows: authenticator keys with any financial Control. institution that is a national of Cuba for Approved: January 13, 2015. § 515.586 Cuban official missions in the transactions authorized pursuant to, or United States. David S. Cohen, exempt from, this part. Under Secretary, Office of Terrorism and (a) The provision of goods or services (c) Credit and debit cards. All Financial Intelligence, Department of the transactions incident to the processing in the United States to the official Treasury. and payment of credit and debit cards missions of the Government of Cuba to [FR Doc. 2015–00632 Filed 1–15–15; 8:45 am] involving travel-related and other the United States and to international BILLING CODE 4810–AL–P transactions consistent with § 515.560 organizations in the United States and are authorized. payment for such goods or services are (d) Wire transfers. Any depository authorized, provided that: DEPARTMENT OF HOMELAND institution, as defined in § 515.333, that (1) The goods or services are for the SECURITY is a person subject to U.S. jurisdiction conduct of the official business of the is authorized to: missions, or for personal use of the Coast Guard (1) Reject funds transfers originating employees, or persons who share a and terminating outside the United common dwelling as a family member 33 CFR Part 117 States where neither the originator nor of such an employee, of the missions, the beneficiary is a person subject to [Docket No. USCG–2014–1066] and are not for resale; U.S. jurisdiction and provided that a (2) The transaction does not involve prohibited official of the Government of Drawbridge Operation Regulation; the purchase, sale, financing, or Cuba, as defined in § 515.337 of this Atchafalaya River, Morgan City, LA refinancing of real property; and part, or a prohibited member of the Coast Guard, DHS. : AGENCY Cuban Communist Party, as defined in (3) The transaction is not otherwise Notice of temporary deviation : ACTION § 515.338 of this part, does not have an prohibited by law. from drawbridge regulations. interest in the transfer; and (b) The provision of goods or services (2) Provided that neither the in the United States to the employees, : The Coast Guard has issued a SUMMARY originator nor the beneficiary is a person or persons who share a common temporary deviation from the regulation subject to U.S. jurisdiction, process dwelling as a family member of such an governing the operation of the Morgan funds transfers originating and employee, of the official missions of the City(Berwick Bay) Railroad Bridge terminating outside the United States Government of Cuba to the United across the Atchafalaya River, mile 17.5 relating to transactions that would be States and to international organizations (Gulf Intracoastal Waterway (Morgan authorized pursuant to this part if the in the United States and payment for City-Port Allen Alternate Route) mile originator or beneficiary were a person such goods or services are authorized, 0.3) in Morgan City, St. Mary’s Parish, subject to U.S. jurisdiction. provided that: Louisiana. This deviation provides for 36. Add § 515.585 to read as follows: ■ the bridge to remain closed to (1) The goods or services are for § 515.585 Certain transactions by U.S.- navigation for four consecutive hours in personal use of the employees, or owned or -controlled firms in third the morning and three hours in the persons who share a common dwelling countries with certain Cuban nationals. afternoon with an opening in the middle as a family member of such an Any U.S.-owned or -controlled to pass vessels. This will last for six employee, of the missions, and are not partnership, association, corporation, or consecutive days. The purpose of the for resale; and other organization in a third country is closure is to conduct scheduled (2) The transaction is not otherwise authorized to provide goods and maintenance and repairs to the prohibited by law. services to a Cuban national who is an drawbridge. (c) Depository institutions, as defined individual located outside of Cuba, DATES : This deviation is effective from in § 515.333, are authorized to operate provided that the transaction does not 7 a.m. to 11 a.m. and then again from accounts for, or extend credit to, the involve a commercial exportation, 1 p.m. through 4 p.m. daily from official missions of the Government of directly or indirectly, of goods or January 26 through January 31, 2015. Cuba to the United States, and the services to or from Cuba. The docket for this ADDRESSES : official missions of the Government of Note 1 to § 515.585: This section does not deviation, [USCG–2014–1066] is Cuba to international organizations in authorize U.S.-owned or -controlled firms in available at http://www.regulations.gov. the United States, and employees third countries to export to Cuba Type the docket number in the thereof, subject to the limitations in commodities produced in the authorized ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ trade territory. See § 515.559. paragraphs (a) and (b) of this section Click on Open Docket Folder on the line and provided that any depository Note 2 to § 515.585: This section does not associated with this rulemaking. You institution making use of the authorize U.S.-owned or -controlled firms in may also visit the Docket Management authorization in this section must third countries to reexport to Cuba U.S.- Facility in Room W12–140 on the submit a report to the Department of the origin items. See § 515.533. ground floor of the Department of Treasury, Office of Foreign Assets Transportation West Building, 1200 This section does not Note 3 to § 515.585: Control, Washington, DC 20220, no later authorize any transaction prohibited by New Jersey Avenue SE., Washington, than 30 days following the § 515.204, including the purchase or sale of DC 20590, between 9 a.m. and 5 p.m., establishment of the account. Such Cuban-origin goods. Monday through Friday, except Federal report shall include the name and holidays. address of the depository institution, the The export or reexport Note 4 to § 515.585: name of the account holder, and the FOR FURTHER INFORMATION CONTACT : If to Cuba of items subject to the Export account number. Administration Regulations (15 CFR part 730 you have questions on this temporary VerDate Sep<11>2014 16:51 Jan 15, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\16JAR1.SGM 16JAR1 asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

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