[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Rules and Regulations]
[Pages 39255-39257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18952]



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DEPARTMENT OF THE TREASURY


Office of Foreign Assets Control

31 CFR Part 515


Cuban Assets Control Regulations; Information and Informational 
Materials

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule; amendments.

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SUMMARY: The Treasury Department is amending the Cuban Assets Control 
Regulations (the ``Regulations'') to bring the Regulations into 
conformity with amendments to the Trading with the Enemy Act concerning 
information and informational materials included in the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995.

EFFECTIVE DATE: August 2, 1995.

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, DC 20220.

SUPPLEMENTARY INFORMATION:

Electronic Availability

    This document is available as an electronic file on The Federal 
Bulletin Board the day of publication in the Federal Register. By modem 
dial 202/512-1387 and type ``/GO/FAC'' or call 202/512-1530 for disks 
or paper copies. This file is available for downloading in WordPerfect 
5.1, ASCII, and Postscript formats. The document is also accessible for 
downloading in ASCII format without charge from Treasury's Electronic 
Library (``TEL'') in the ``Business, Trade and Labor Mall'' of the 
FedWorld bulletin board. By modem dial 703/321-3339, and select self-
expanding file ``T11FR00.EXE'' in TEL. For Internet access, use one of 
the following protocols: Telnet = fedworld.gov (192.239.93.3); World 
Wide Web (Home Page) = http://www.fedworld.gov; FTP = ftp.fedworld.gov 
(192.239.92.205).

Background

    Section 525 (b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995, Pub. L. 103-236, 108 Stat. 474, amended section 
5(b)(4) of the Trading with the Enemy Act, 50 U.S.C. App. 1-44 
(``TWEA''), to expand the list of items considered to be information or 
informational materials to include compact discs, CD ROMs, artworks, 
and news wire feeds. In addition, section 5(b)(4) of TWEA, as 

[[Page 39256]]
amended, exempts from the authority granted to the President the 
authority to regulate or prohibit, directly or indirectly, the 
importation from any country or the exportation to any country, whether 
commercial or otherwise, of information or informational materials, 
regardless of format or medium of transmission.
    Section 515.206 of the Regulations is amended to reflect the 
exemption that applies to transactions concerning information and 
informational materials. The definition of the term ``information or 
informational materials'' contained in Sec. 515.332 is amended to 
conform the section to amended section 5(b)(4) of TWEA. Conforming 
amendments are also made to Sec. 515.545, which authorizes transactions 
related to the importation and exportation of information and 
informational materials. Section 515.570, which authorizes the 
importation of paintings and drawings, is removed from the Regulations 
because the exemption contained in Sec. 515.206, as amended, makes this 
separate authorization unnecessary.
    Section 515.542, which concerns authorization for 
telecommunications is revised to generally license certain forms of 
telecommunications services between Cuba and the United States. The 
provision of, and payments for, telecommunications services between 
Cuba and the United States are governed exclusively by section 1705 of 
the Cuban Democracy Act, 22 U.S.C. 6001-6010 (``CDA''). That section 
authorizes such services, but permits the regulation of payments to 
Cuba for telecommunications. The CDA provision on telecommunications 
preempts the provisions of TWEA on information and informational 
materials to the extent that the provisions are inconsistent. The 
general license contained in Sec. 515.542(b) authorizes the provision 
of telecommunications services between Cuba and the United States. 
Consistent with the authority provided in the CDA, Sec. 515.542(c) 
requires the obtaining of specific licenses on a case-by-case basis as 
a condition for any full or partial payments to Cuba arising out of 
telecommunications services between the United States and Cuba.
    Because the Regulations 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, Banks, 
banking, Cuba, Currency, Estates, Exports, Fines and penalties, Foreign 
investment in the United States, Foreign trade, Imports, Informational 
materials, Publications, Reporting and recordkeeping requirements, 
Securities, Shipping, Travel restrictions, Trusts and trustees, 
Vessels.

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

PART 515--CUBAN ASSETS CONTROL REGULATIONS

    1. The authority citation for part 515 continues 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, 27 FR 1085, 3 CFR, 1959-1963 Comp., p. 157; 
E.O. 9193, 7 FR 5205, 3 CFR, 1938-1943 Comp., p. 1147; E.O. 9989, 13 
FR 4891, 3 CFR, 1943-1948 Comp., p. 748; E.O. 12854, 58 FR 36587, 3 
CFR, 1993 Comp., p. 614.

Subpart B--Prohibitions

    2. Section 515.206 is amended by revising the references to 
Sec. 515.550 to read Sec. 515.545 in Examples 2, 3, and 4; by removing 
paragraph (b) and redesignating paragraphs (c),(d), and (e) as 
paragraphs (b),(c), and (d) respectively; by adding the words, 
``information or'' before the words, ``informational materials,'' each 
time they are used in redesignated paragraph (b) and Example 3; by 
removing the word ``synchronization'' and the comma following it from 
Example 4; and by revising the section heading and paragraph (a) to 
read as follows:


Sec. 515.206  Exemption of information and informational materials.

    (a) The importation from any country and the exportation to any 
country of information or informational materials as defined in 
Sec. 515.332, whether commercial or otherwise, regardless of format or 
medium of transmission, are exempt from the prohibitions and 
regulations of this part except for payments owed to Cuba for 
telecommunications services between Cuba and the United States, which 
are subject to the provisions of Sec. 515.542.
* * * * *

Subpart C--General Definitions

    3. Section 515.332 is revised to read as follows:


Sec. 515.332  Information and informational materials.

    (a) For purposes of this part, the term information and 
informational materials means:
    (1) Publications, films, posters, phonograph records, photographs, 
microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, news 
wire feeds, and other information and informational articles.
    (2) To be considered informational materials, artworks must be 
classified under Chapter subheadings 9701, 9702, or 9703 of the 
Harmonized Tariff Schedule of the United States.
    (b) The term information and informational materials does not 
include items:
    (1) That would be controlled for export pursuant to section 5 of 
the Export Administration Act of 1979, 50 U.S.C. App. 2401-2420 (1993) 
(the ``EAA''), or section 6 of the EAA to the extent that such controls 
promote nonproliferation of antiterrorism policies of the United 
States, including ``software'' that is not ``publicly available'' as 
these terms are defined in 15 CFR Parts 779 and 799.1 (1994); or
    (2) With respect to which acts are prohibited by 18 U.S.C. chapter 
37.

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

    4. The section heading and paragraphs (b) and (c) of Sec. 515.542 
are revised to read as follows:


Sec. 515.542  Telecommunications, information, and informational 
materials.

* * * * *
    (b) Except as provided in paragraph (c) of this section, all 
transactions incident to the use of cables, satellite channels, radio 
signals, or other means of telecommunications for the provision of 
telecommunications services between Cuba and the United States, 
including telephone, telegraph and similar services, and the 
transmission of radio and television broadcasts and news wire feeds 
between Cuba and the United States, are authorized.
    (c) Full or partial payments owed to Cuba as a result of 
telecommunications services authorized in paragraph (b) of this section 
are prohibited unless authorized pursuant to specific licenses, which 
will be issued on a case-by-case basis provided such payments are 
determined to be consistent with the public interest and the foreign 
policy of the United States.
    5. The section heading and paragraph (a) of Sec. 515.545 are 
revised to read as follows:

[[Page 39257]]



Sec. 515.545  Transactions related to information and informational 
materials.

    (a) Except as provided in Sec. 515.542(c), all financial and other 
transactions directly incident to the importation or exportation of 
information or informational materials are authorized.
* * * * *


Sec. 515.570  [Removed]

    6. Section 515.570 is removed.

    Dated: July 14, 1995.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.
    Approved: July 18, 1995.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff & Trade Enforcement).
[FR Doc. 95-18952 Filed 7-28-95; 12:34 pm]
BILLING CODE 4810-25-F