[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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