[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Notices]
[Pages 51333-51334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20309]


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DEPARTMENT OF STATE

[Public Notice 6339]


Determination Pursuant to the Foreign Missions Act, Removing 
Conditions and Restrictions on the Cuban Interests Section and Its 
Personnel With Respect to the Acquisition and Disposition of Motor 
Vehicles in the United States

Summary

    The United States Interests Section of the Embassy of Switzerland 
in Havana, Cuba (``the U.S. Interests Section''), is the mission 
through which the U.S. communicates with the Government and people of 
Cuba. The Cuban Government's counterpart mission in the United States 
is the Cuban Interests Section of the Embassy of Switzerland in 
Washington, DC (``the Cuban Interests Section''). The Foreign Missions 
Act of 1982 as amended (22 U.S. Code 4301, et

[[Page 51334]]

seq., ``the Act'') provides the domestic legal authority for regulating 
``benefits'' to foreign missions in the United States and for imposing 
terms and conditions on the provision of such benefits.
    In a Determination published in the Federal Register on August 25, 
2003 (Volume 68, Number 164), the Department of State imposed a number 
of terms and conditions with respect to the acquisition and disposition 
of motor vehicles by or on behalf of the Cuban Interests Section. Those 
conditions were imposed as a reciprocal measure because the Cuban 
Government for some time had imposed restrictions and impediments to 
the importation, purchase, and resale of vehicles by the U.S. Interests 
Section in Cuba.
    The Department of State is now rescinding the Determination 
published August 25, 2003, in the Federal Register and lifting all 
terms and conditions that it imposed on the Cuban Interests Section and 
its staff and dependent family members with regard to the acquisition 
and disposition of motor vehicles. Upon the publication of this 
Determination in the Federal Register, the Cuban Interests Section, its 
staff, and their dependent family members will be permitted to acquire 
and dispose of motor vehicles without restriction other than 
restrictions or other requirements imposed on all foreign missions and 
their members to obtain specific motor vehicle services from the U.S. 
Department of State.

Persons Affected by This Action

    This Determination applies primarily to the Cuban Interests Section 
of the Embassy of Switzerland in Washington, DC, its staff, and their 
dependent family members. It also applies to any person subject to the 
jurisdiction of the United States, whether a natural person, business, 
or other entity of any sort, that intends to sell or lease a motor 
vehicle to, or purchase a motor vehicle from, the Cuban Interests 
Section or its personnel.

Legal Authority

    This Determination is issued pursuant to the Act, which authorizes 
the Secretary of State to provide ``benefits'' to foreign missions in 
the United States and to impose certain terms and conditions upon the 
provision of such benefits, if such action is reasonably necessary to 
achieve a statutory purpose identified in the Act. 22 U.S.C. 4304. The 
term ``benefits'' is defined to include any of a number of specifically 
enumerated goods and services as well as ``any other benefits as the 
Secretary may designate.'' 22 U.S.C. 4302(a)(1) Pursuant to Department 
of State Delegation of Authority No. 214, section 14 (September 20, 
1994), the authorities that the Act vests in the Secretary of State 
were delegated by the Secretary to the Assistant Secretary of State for 
Diplomatic Security, who is also the Director of the Office of Foreign 
Missions.

Designation of Benefits, Findings, and Specific Determinations

    Pursuant to the authority vested in me by and through the above-
cited provisions of law and Delegation of Authority, I hereby find and 
determine as follows:
    (1) Designation of Benefits: The acquisition of a motor vehicle is 
encompassed within the statutory designation of a ``benefit'' in the 
Foreign Missions Act because it is a form of transportation. 22 U.S.C. 
4302(a)(1)(C). The Determination published in the Federal Register on 
August 25, 2003 (68 FR 164), also designated the privilege of disposing 
of a motor vehicle to a U.S. person within the United States as a 
benefit under the Act.
    (2) Findings: The Government of Cuba has indicated that it will 
immediately end all restrictions on the importation and local purchase 
of vehicles by the U.S. Interests Section and its staff in Havana, 
Cuba, if the United States removes the conditions imposed on the 
acquisition and disposition of vehicles by or on behalf of the Cuban 
Interests Section and its staff in Washington, DC, which were 
implemented by the Determination published in the Federal Register on 
August 25, 2003.
    (3) Determination: I hereby determine that it is not necessary at 
this time, either on the basis of reciprocity or for any other reason, 
to impose terms or conditions on the acquisition or disposition of 
vehicles by or on behalf of the Cuban Interests Section and its staff 
and dependent family members in Washington, DC. The Determination 
published in the Federal Register on August 25, 2003 (Volume 68, Number 
164) is hereby rescinded, and all terms and conditions imposed by that 
Determination are hereby annulled.
    (4) Date of Effect: The provisions of this Determination shall take 
effect upon its publication in the Federal Register.
    (5) Publication of this Determination in the Federal Register 
constitutes notice to persons subject to the jurisdiction of the United 
States that terms and conditions on the acquisition and disposition of 
vehicles by or on behalf of the Cuban Interests Section are hereby 
rescinded. Persons wishing clarification as to the applicability of 
this Determination may contact the Office of Foreign Missions, U.S. 
Department of State, Washington, DC 20520; or by telephone: (202) 647-
4554.

    Dated: August 14, 2008.
Eric J. Boswell,
Assistant Secretary of State for Diplomatic Security and Director, 
Office of Foreign Missions, Department of State.
[FR Doc. E8-20309 Filed 8-29-08; 8:45 am]
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