Cuban Assets Control Regulations

Published date05 June 2019
Citation84 FR 25992
Record Number2019-11755
SectionRules and Regulations
CourtForeign Assets Control Office
Federal Register, Volume 84 Issue 108 (Wednesday, June 5, 2019)
[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
                [Rules and Regulations]
                [Pages 25992-25993]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-11755]
                [[Page 25992]]
                =======================================================================
                -----------------------------------------------------------------------
                DEPARTMENT OF THE TREASURY
                Office of Foreign Assets Control
                31 CFR Part 515
                Cuban Assets Control Regulations
                AGENCY: Office of Foreign Assets Control, Treasury.
                ACTION: Final rule.
                -----------------------------------------------------------------------
                SUMMARY: The Department of the Treasury's Office of Foreign Assets
                Control (OFAC) is amending the Cuban Assets Control Regulations to
                implement portions of the President's foreign policy toward Cuba. This
                amendment removes an authorization for group people-to-people
                educational travel and provides a ``grandfathering'' provision to
                authorize certain group people-to-people educational travel that
                previously was authorized where the traveler has already completed at
                least one travel-related transaction (such as purchasing a flight or
                reserving accommodation) prior to June 5, 2019.
                DATES: Effective: June 5, 2019.
                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; or the Department of the Treasury's Office of the Chief
                Counsel (Foreign Assets Control), Office of the General Counsel, 202-
                622-2410.
                SUPPLEMENTARY INFORMATION:
                Electronic Availability
                 This document and additional information concerning OFAC are
                available from OFAC's website (www.treasury.gov/ofac).
                Background
                 The Department of the Treasury issued the Cuban Assets Control
                Regulations, 31 CFR part 515 (the Regulations), on July 8, 1963, under
                the Trading With the Enemy Act (50 U.S.C. 4301-41). OFAC has amended
                the Regulations on numerous occasions. In particular, on November 9,
                2017, OFAC, the Department of Commerce's Bureau of Industry and
                Security, and the Department of State (State) took coordinated actions
                to implement National Security Presidential Memorandum-5,
                ``Strengthening the Policy of the United States Toward Cuba,'' signed
                by the President on June 16, 2017 (NSPM-5). Among other things, in
                accordance with section 3(b)(ii) of NSPM-5, OFAC amended Sec.
                515.565(b) to require that people-to-people educational travel be
                conducted under the auspices of an organization that is subject to U.S.
                jurisdiction and that sponsors such exchanges to promote people-to-
                people contact (group people-to-people educational travel) (82 FR
                51998).
                 On April 17, 2019, National Security Advisor Ambassador John Bolton
                delivered a foreign policy address (April 2019 Address) announcing
                regulatory changes to further implement NSPM-5 and the President's
                foreign policy toward Cuba. Among other changes, the April 2019 Address
                announced that the Department of the Treasury would further restrict
                non-family travel.
                 In accordance with the April 2019 Address, OFAC is amending Sec.
                515.565 to remove the authorization for group people-to-people
                educational travel in Sec. 515.565(b). OFAC is adding a
                ``grandfathering'' provision in Sec. 515.565(b) to authorize certain
                group people-to-people educational travel that previously was
                authorized where the traveler has already completed at least one
                travel-related transaction (such as purchasing a flight or reserving
                accommodation) prior to June 5, 2019. Finally, OFAC is adding a Note to
                Sec. 515.572(a)(2) highlighting the fact that the export or reexport
                of vessels or aircraft providing carrier services under Sec.
                515.572(a)(2) requires separate authorization from the Department of
                Commerce.
                Public Participation
                 Because the amendments of the Regulations involve a foreign affairs
                function, the provisions of Executive Order 12866 and the
                Administrative Procedure Act (5 U.S.C. 553) requiring notice of
                proposed rulemaking, opportunity for public participation, and delay in
                effective date, as well as the provisions of Executive Order 13771, are
                inapplicable. Because no notice of proposed rulemaking is required for
                this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not
                apply.
                Paperwork Reduction Act
                 The collections of information related to the Regulations are
                contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties
                Regulations'') and Sec. 515.572 of this part. Pursuant to the
                Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of
                information are covered by the Office of Management and Budget under
                control numbers 1505-0164, 1505-0167, and 1505-0168. An agency may not
                conduct or sponsor, and a person is not required to respond to, a
                collection of information unless the collection of information displays
                a valid control number.
                List of Subjects in 31 CFR Part 515
                 Administrative practice and procedure, Banking, Blocking of assets,
                Cuba, Financial transactions, Reporting and recordkeeping requirements,
                Travel restrictions.
                 For the reasons set forth in the preamble, the Department of the
                Treasury's Office of Foreign Assets Control amends 31 CFR part 515 as
                set forth below:
                PART 515--CUBAN ASSETS CONTROL REGULATIONS
                0
                1. The authority citation for part 515 continues to read as follows:
                 Authority: 22 U.S.C. 2370(a), 6001-6010, 7201-7211; 31 U.S.C.
                321(b); 50 U.S.C. 4301-4341; Pub. L. 101-410, 104 Stat. 890 (28
                U.S.C. 2461 note); Pub. L. 104-114, 110 Stat. 785 (22 U.S.C. 6021-
                6091); Pub. L. 105-277, 112 Stat. 2681; Pub. L. 111-8, 123 Stat.
                524; Pub. L. 111-117, 123 Stat. 3034; E.O. 9193, 7 FR 5205, 3 CFR,
                1938-1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943-1948
                Comp., p. 748; Proc. 3447, 27 FR 1085, 3 CFR, 1959-1963 Comp., p.
                157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614.
                Subpart E--Licenses, Authorizations, and Statements of Licensing
                Policy
                0
                2. Amend Sec. 515.565 by:
                0
                a. Redesignating the Note to paragraphs (a) and (b) as Note 4 to
                paragraph (a);
                0
                b. Revising the newly redesignated Note 4 to paragraph (a);
                0
                c. Revising paragraph (b); and
                0
                d. In paragraph (g), remove the phrase ``general licenses'' and add in
                its place ``general license'' and remove the text ``or (b)''.
                 The revisions to read as follows:
                Sec. 515.565 Educational activities.
                 (a) * * *
                * * * * *
                 Note 4 to paragraph (a): Each person relying on the general
                authorization in this paragraph must retain specific records related
                to the authorized travel transactions. See Sec. Sec. 501.601 and
                501.602 of this chapter for applicable recordkeeping and reporting
                requirements.
                 (b) General license for certain people-to-people travel and related
                transactions where certain transactions were completed prior to June 5,
                2019. Persons subject to U.S. jurisdiction are authorized to engage in
                people-to-people travel and related transactions for a trip consistent
                with paragraph (b) of this section as those provisions existed on April
                17, 2019, provided the traveler completed at least one travel-
                [[Page 25993]]
                related transaction (such as purchasing a flight or reserving
                accommodation) for that particular trip prior to June 5, 2019.
                * * * * *
                0
                3. Amend Sec. 515.572 by adding Note 1 to paragraph (a)(2) to read as
                follows:
                Sec. 515.572 Provision of travel, carrier, other transportation-
                related, and remittance forwarding services.
                 (a) * * *
                 (2) * * *
                 Note 1 to paragraph (a)(2): The export or reexport to Cuba of
                items subject to the Export Administration Regulations (15 CFR part
                730 et seq.), including vessels and aircraft used to provide carrier
                services, requires separate authorization from the Department of
                Commerce. See Sec. 515.533.
                * * * * *
                 Dated: May 30, 2019.
                Andrea Gacki,
                Director, Office of Foreign Assets Control.
                [FR Doc. 2019-11755 Filed 6-4-19; 8:45 am]
                BILLING CODE 4810-AL-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT