[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14727]


[[Page Unknown]]

[Federal Register: June 17, 1994]


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DEPARTMENT OF THE TREASURY


Office of Foreign Assets Control

31 CFR Part 515

 

Cuban Assets Control Regulations; Flight Times; Civil Penalties

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule; amendments.

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SUMMARY: This rule amends the Cuban Assets Control Regulations to 
eliminate the requirement that planes flying between Cuba and the 
United States arrive and depart during the normal business hours of the 
U.S. Customs Service. In addition, an interpretive section is removed. 
The regulatory section on civil penalty authority is expanded to 
include references to the Cuban Democracy Act, and a regulatory 
reference is corrected.

EFFECTIVE DATE: June 13, 1994.

FOR FURTHER INFORMATION CONTACT: Steven I. Pinter, Chief of Licensing 
(tel.: 202/622-2480), or William B. Hoffman, Chief Counsel (tel.: 202/
622-2410), Office of Foreign Assets Control, Department of the 
Treasury, Washington, D.C. 20220.

SUPPLEMENTARY INFORMATION:

Electronic Availability:

    This document is available as an electronic file on The Federal 
Bulletin Board the day of the publication in the Federal Register. By 
modem dial 202/512-1387 or call 202/515-1530 for disks or paper copies. 
This file is available in Postscript, WordPerfect 5.1 and ASCII.

Background

    The Office of Foreign Assets Control is amending the Cuban Assets 
Control Regulations, 31 C.F.R. part 515 (the ``Regulations''), to 
eliminate the requirement that the arrival and departure of planes 
providing travel between Cuba and the United States occur during the 
normal business hours of the U.S. Customs Service. This change is being 
effected to allow greater flexibility in arranging for authorized 
flights to Cuba. In addition, the Regulations are being amended to add 
references to the Cuban Democracy Act, 22 U.S.C. 6001-6010, and to 
correct an error in Sec. 515.701. Section 515.417 is removed.
    Because this rule involve a foreign affairs function, Executive 
Order 12866 and the provisions of the Administrative Procedure Act, 5 
U.S.C. 553, requiring notice of proposed rulemaking, opportunity for 
public participation, and delay in effective date, 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.

List of Subjects in 31 CFR Part 515

    Administrative practice and procedure, Air carriers, Communist 
countries, Cuba, Currency, Exports, Fines and penalties, Foreign 
investment in the United States, Foreign trade, Imports, Informational 
materials, Publications, Reporting and recordkeeping requirments, 
Securities, Shipping, Travel and transportation expenses, Travel 
restrictions, Trusts and estates, Vessels

PART 515--CUBAN ASSETS CONTROL REGULATIONS

    For the reasons set forth in the preamble, 31 CFR part 515 is 
amended as set forth below:

    1. The authority citation for part 515 is revised to read as 
follows:
    Authority: 50 U.S.C. App. 1-44; 22 U.S.C. 6001-6010; 22 U.S.C. 
2370(a); Proc. 3447, 3 CFR, 1959-1963 Comp., p. 157; E.O. 9193, 3 
CFR, 1938-1943 Comp., p. 1174; E.O. 9989, 3 CFR, 1943-1948 Comp., p. 
748; E.O. 12854, 58 FR 36587, July 7, 1993.

Subpart D--Interpretations


Sec. 515.417 [Removed]

    2. Section 515.417 is removed and reserved.

Subpart E--Licenses, Authorizations, and Statements of Licensing 
Policy


Sec. 515.566 [Amended]

    3. In Sec. 515.566, paragraph (f) is removed.

Subpart G--Penalties

    4. Section 515.701 is amended by revising paragraphs (a)(4) and 
(5), adding paragraph (a)(6), redesignating paragraph (b) as paragraph 
(c), and adding paragraph (b) to read as follows:


Sec. 515.701 Penalties.

    (a) * * *
    (4) Any property, funds, securities, paper, or other articles or 
documents, or any vessel, together with its tackle, apparel, furniture, 
and equipment, that is the subject of a civil penalty issued pursuant 
to paragraph (a)(3) of this section shall, at the discretion of the 
Secretary of the Treasury, be forfeited to the United States 
Government.
    (5) The penalties described in paragraphs (a)(3) and (4) of this 
section may not be imposed for:
    (i) newsgathering, research, or the export or import of, or 
transmission of information or informational materials; or
    (ii) for clearly defined educational or religious activities, or 
activities of recognized human rights organizations, that are 
reasonably limited in frequency, duration, and number of participants.
Persons who engage in prohibited transactions related to the activities 
described in this paragraph may be subject to criminal penalties or 
other penalties as appropriate.
    (6) The penalties provided in the Trading with the Enemy Act are 
subject to increase pursuant to 18 U.S.C. 3571.
    (b) Attention is directed to 22 U.S.C. 6009, which provides that 
penalties set forth in section 16 of the Trading with the Enemy Act 
shall apply to violations of the Cuban Democracy Act to the same extent 
that such penalties apply to violations of the Trading with the Enemy 
Act.
    (c) * * *
    5.Section 515.702 is amended by revising paragraph (a) to read as 
follows:


Sec. 515.702 Prepenalty Notice.

    (a) When required: If the Director of the Office of Foreign Assets 
Control has reasonable cause to believe that there has occurred a 
violation of any provision of this part or a violation of the 
provisions of any license, ruling, regulation, order, direction or 
instruction issued by or pursuant to the direction or authorization of 
the Secretary of the Treasury pursuant to this part or otherwise under 
the Trading with the Enemy Act or the Cuban Democracy Act, and the 
Director determines that further proceedings are warranted, he shall 
issue to the person concerned a notice of his intent to impose a 
monetary penalty and/or forfeiture. The prepenalty notice shall be 
issued whether or not another agency has taken any action with respect 
to this matter.

* * * * *

    Dated: May 31, 1994
Steven I. Pinter,
Acting Director, Office of Foreign Assets Control.
    Approved: June 3, 1994
R. Richard Newcomb,
Acting Deputy Assistant Secretary (Law Enforcement).
[FR Doc. 94-14727 Filed 6-13-94; 4:33 pm]
BILLING CODE 4810-25-F