[Federal Register Volume 69, Number 214 (Friday, November 5, 2004)]
[Notices]
[Pages 64632-64634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24270]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control


Publication of General Licenses Related to the Cuba, Burma, and 
Western Balkans Sanctions Programs

ACTION: Notice, publication of general licenses.

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SUMMARY: The Office of Foreign Assets Control (``OFAC'') of the U.S. 
Department of the Treasury is publishing general licenses issued in the 
Cuba, Burma, and Western Balkans sanctions programs.

DATES: Effective Dates: See each general license for the applicable 
effective date for that license.

FOR FURTHER INFORMATION CONTACT: OFAC's Chief of Licensing, tel. (202) 
622-2480 or Chief of Policy Planning and Program Management, tel. (202) 
622-4855, or the Office of Chief Counsel (Foreign Assets Control), tel. 
(202) 622-2410, Department of the Treasury, Washington, DC 20220 (not 
toll free numbers).

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 disk or paper copies. This file is available for downloading 
without charge in ASCII and Adobe Acrobat readable (*.PDF) formats. For 
Internet access, the address for use with the World Wide Web, Telnet, 
or FTP protocol is http://fedbbs.access.gpo.gov. This document and 
additional information concerning OFAC are available from OFAC's Web 
site http://www.treas.gov/ofac.

Background

    In recent months, OFAC has issued a number of general licenses 
authorizing certain transactions otherwise prohibited by the sanctions 
programs OFAC administers. At the time of issuance of each general 
license, OFAC made that license available on its Web site (http://www.treas.gov/ofac). With this notice, OFAC is publishing the general 
licenses in the Federal Register. The general licenses contained in 
this Notice include licenses in the Cuba, Burma, and Western Balkans 
sanctions programs.

[[Page 64633]]

1. Cuba General License

Cuba General License No. 1

Certain Travel-Related Transactions in Cuba Until 12:01 a.m. Eastern 
Daylight Time on August 1, 2004
    (a) Family visit travelers. A person subject to the jurisdiction of 
the United States who is in Cuba on June 29, 2004, under a general or 
specific license to visit a close relative in Cuba pursuant to 31 CFR 
515.561(a) or (b) as in effect on June 29, 2004, is authorized to 
continue to engage in all of the transactions ordinarily incident to 
travel within and from Cuba authorized on June 29, 2004, until 12:01 
a.m. eastern daylight time on August 1, 2004.
    (b) Fully-hosted travelers. A person subject to the jurisdiction of 
the United States who is in Cuba on June 29, 2004, and qualifies as a 
``fully-hosted'' traveler as set forth in 31 CFR 515.420 as in effect 
on June 29, 2004, is authorized to continue to receive goods and 
services in Cuba for personal use or consumption in Cuba until 12:01 
a.m. eastern daylight time on August 1, 2004, provided that no person 
subject to the jurisdiction of the United States (including the 
traveler) makes any payment, transfers any property, or provides any 
service to Cuba or a national of Cuba in connection with the receipt of 
those goods or services.
    Issued: June 25, 2004.

2. Burma General Licenses

Burma General License No. 1

Official Government and International Organization Activities
    All transactions and activities otherwise prohibited by sections 1 
or 2 of Executive Order No. 13310 that are for the conduct of the 
official business of the United States Government, the United Nations, 
the World Bank, and the International Monetary Fund are authorized. 
This license does not authorize any importation into the United States 
of any article that is a product of Burma. Payments pursuant to this 
section may not involve a debit or credit to a blocked account on the 
books of a U.S. financial institution. Such payments may be made to an 
account on the books of a third-country financial institution.
    Issued: July 29, 2003.

Burma General License No. 2

Third-Country Diplomatic and Consular Funds Transfers
    All funds transfer-related transactions otherwise prohibited by 
sections 1 or 2 of Executive Order 13310 that are for the conduct of 
diplomatic or consular activities of third-country diplomatic or 
consular missions in Burma are authorized. Payments pursuant to this 
general license will be authorized even though they may involve 
transfers to or from an account of a financial institution whose 
property is blocked pursuant to section 1 of Executive Order 13310, 
provided that the account is not on the books of a financial 
institution that is a United States person.
    Issued: August 15, 2003.

Burma General License No. 3

Importations for U.S. Diplomatic and Consular Officials
    U.S. diplomatic or consular officials entering the United States 
directly or indirectly from Burma are authorized to engage in all 
transactions incident to the importation into the United States of 
products of Burma as accompanied baggage or household effects, provided 
that such products are not intended for any other person or for sale 
and are not otherwise prohibited from importation under applicable 
United States laws.
    Issued: August 15, 2003.

Burma General License No. 4

Importations for Foreign Diplomatic and Consular Officials
    All transactions incident to the importation into the United States 
of any article that is a product of Burma that is destined for official 
or personal use by personnel employed by a diplomatic mission or 
consulate in the United States are authorized, provided that such 
article is not intended for any other person or for sale and is not 
otherwise prohibited from importation under applicable United States 
laws.
    Issued: August 15, 2003.

Burma General License No. 5

Diplomatic Pouches
    All transactions in connection with the importation into the United 
States or the exportation from the United States of diplomatic pouches 
and their contents are authorized.
    Issued: August 15, 2003.

Burma General License No. 6

Noncommercial Personal Remittances
    (a) United States persons who are individuals (not entities) are 
authorized to make non-commercial remittances to individuals in Burma, 
provided that a United States person's total remittances in any 
consecutive 3-month period do not exceed $300 per Burmese household, 
regardless of the number of individuals comprising the household, and 
provided that no beneficiary is a person whose property is blocked 
pursuant to section 1 of Executive Order 13310. Payments pursuant to 
this general license are authorized even though they may involve 
transfers to or from an account of a financial institution whose 
property is blocked pursuant to section 1 of Executive Order 13310, 
provided that the account is not on the books of a financial 
institution that is a United States person.
    (b) Financial institutions that are United States persons are 
authorized to engage in all transactions ordinarily incident to the 
transfer of funds authorized by paragraph (a) above. A financial 
institution that is a United States person may rely on the originator 
of a funds transfer with regard to compliance with paragraph (a) above, 
provided that the financial institution does not know or have reason to 
know that the funds transfer is not in compliance with paragraph (a) 
above.
    Issued: August 22, 2003.

Burma General License No. 7

Transactions Incident to Certain Imports
    All transactions otherwise prohibited by sections 1 or 2 of 
Executive Order 13310 that are incident to the importation into the 
United States of an article that is a product of Burma are authorized, 
provided the importation occurs prior to 12:01 a.m. eastern daylight 
time on August 28, 2003, and further provided that the importation is 
not from a person whose property is blocked by section 1 of Executive 
Order 13310. Financing agreements with respect to such importations may 
be performed only according to their terms and may not be extended or 
renewed. Payments pursuant to this general license will be authorized 
even though they may involve transfers to or from an account of a 
financial institution whose property is blocked pursuant to section 1 
of Executive Order 13310, provided that the account is not on the books 
of a financial institution that is a United States person.
    Issued: August 15, 2003.

Burma General License No. 8

Export-Related Transactions
    All transactions otherwise prohibited by sections 1 or 2 of 
Executive Order 13310 that are ordinarily incident to an exportation to 
Burma are authorized, provided the exportation is not to a person whose 
property is blocked pursuant to section 1 of Executive Order 13310. 
Payments pursuant to this general license are authorized even though 
they may involve transfers to or from an account of a financial 
institution whose property is blocked pursuant to section 1 of 
Executive Order

[[Page 64634]]

13310, provided that the account is not on the books of a financial 
institution that is a United States person. This general license does 
not authorize a financial institution that is a United States person to 
advise or confirm any financing by a person whose property is blocked 
by section 1 of Executive Order 13310.
    Issued: August 22, 2003.

Burma General License No. 9

Importation of Information and Informational Material
    (a) The importation of information or informational materials and 
all transactions directly incident to such importation are authorized. 
Payments pursuant to this general license are authorized even though 
they may involve transfers to or from an account of a financial 
institution whose property is blocked pursuant to section 1 of 
Executive Order 13310, provided that the account is not on the books of 
a financial institution that is a United States person.
    (b) The term ``information or informational materials'' includes, 
but is not limited to, publications, films, posters, phonograph 
records, photographs, microfilms, microfiche, tapes, compact discs, CD 
ROMs, artworks, and news wire feeds. To be considered ``information or 
informational materials,'' artworks must be classified under chapter 
headings 9701, 9702, or 9703 of the Harmonized Tariff Schedule of the 
United States.
    Note to General License No. 9: The exportation of information or 
informational materials is exempt from the prohibitions contained in 
the Burmese Sanctions Regulations and Executive Order Nos. 13047 or 
13310.
    Issued: August 28, 2003.

Burma General License No. 10

Importation of Certain Personal and Household Effects
    (a) A United States person who maintained a residence in Burma 
prior to July 28, 2003, is authorized to import into the United States 
personal and household effects that are products of Burma, including 
accompanied baggage and articles for family use, provided the imported 
items were purchased by the United States person prior to July 28, 
2003, have been actually used abroad by the United States person or by 
other family members arriving from the same foreign household, are not 
intended for any other person or for sale, and are not otherwise 
prohibited from importation.
    (b) A national of Burma who arrives in the United States after July 
28, 2003, is authorized to import into the United States personal and 
household effects that are products of Burma, including accompanied 
baggage and articles for family use, provided the imported items are 
ordinarily incident to the Burmese national's arrival in the United 
States, have been actually used abroad by the Burmese national or by 
other family members arriving from the same foreign household, are not 
intended for any other person or for sale, and are not otherwise 
prohibited from importation.
    Issued: August 28, 2003.

Burma General License No. 11

Activities Undertaken Pursuant to Certain Pre-May 21, 1997 Agreements
    Except as prohibited by section 3 of Executive Order 13310, United 
States persons are authorized to engage in any activity, or any 
transaction incident to an activity, undertaken pursuant to an 
agreement, or pursuant to the exercise of rights under such an 
agreement, provided that:
    (a) The parties to the agreement include:
    (1) The Government of Burma or a nongovernmental entity in Burma, 
and
    (2) An entity organized under the laws of a foreign state and owned 
or controlled by a United States person; and
    (b) The agreement was entered into prior to 12:01 a.m., eastern 
daylight time, on May 21, 1997.
    Issued: October 21, 2003.

Burma General License No. 12

Allowable Payments for Overflights of Burmese Airspace
    Payments to Burma of charges for services rendered by the 
Government of Burma in connection with the overflight of Burma or 
emergency landing in Burma of aircraft owned or operated by a United 
States person or registered in the United States are authorized. 
Payments pursuant to this general license are authorized even though 
they may involve transfers to or from an account of a financial 
institution whose property is blocked pursuant to section 1 of 
Executive Order 13310, provided that the account is not on the books of 
a financial institution that is a United States person.
    Issued: October 17, 2003.

Burma General License No. 13

Importation of Burmese-origin Articles
    The importation of any article that is a product of Burma and all 
transactions directly incident to such importation are authorized, 
provided the article was purchased prior to July 28, 2003, shipped from 
Burma to the United States prior to August 28, 2003, and is not 
property in which a person whose property and interests in property are 
blocked pursuant to section 1 of Executive Order 13310 has an interest. 
Financing agreements with respect to such importations may be performed 
only according to their terms and may not be extended or renewed. 
Payments pursuant to this general license are authorized even though 
they may involve transfers to or from an account of a financial 
institution whose property is blocked pursuant to section 1 of 
Executive Order 13310, provided that the account is not on the books of 
a financial institution that is a United States person.
    Issued: July 28, 2004.

3. Western Balkans General License

Western Balkans General License No. 1

Legal Representation in Matters Pending Before the International 
Criminal Tribunal for the Former Yugoslavia
    The provision by a U.S. person of professional legal services 
relating to the representation of persons whose property or interests 
in property are blocked pursuant to 31 CFR 588.201(a) in matters 
pending before the International Criminal Tribunal for the former 
Yugoslavia (``the Tribunal'') is authorized. With respect to such 
representation, receipt of payment of professional fees and 
reimbursement of incurred expenses are authorized if such payments or 
reimbursements are made by the Tribunal. Such payments and 
reimbursements from any other source must be specifically licensed. 
Section 501.601 of the Reporting and Procedures Regulations (31 CFR 
part 501) requires that records on each transaction subject to this 
license be maintained and available for examination for a minimum of 
five years following the transaction date.
    Issued: July 9, 2003.

    Dated: September 27, 2004.
R. Richard Newcomb,
Director, Office of Foreign Assets Control.

    Approved: October 5, 2004.
Juan C. Zarate,
Assistant Secretary (Terrorist Financing and Financial Crime), 
Department of the Treasury.
[FR Doc. 04-24270 Filed 11-4-04; 8:45 am]
BILLING CODE 4810-25-P