[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71530-71531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29100]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 515


Cuban Assets Control Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (``OFAC'') is amending the Cuban Assets Control Regulations to 
authorize the processing of funds transfers for the operating expenses 
or other official business of third-country diplomatic or consular 
missions in Cuba. OFAC also is amending the Cuban Assets Control 
Regulations to authorize certain payments for services rendered by Cuba 
to United States aircraft that currently require the issuance of a 
specific license.

DATES: Effective Date: December 3, 2012.

FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions 
Compliance & Evaluation, tel.: 202/622-2490, Assistant Director for 
Licensing, tel.: 202/622-2480, Assistant Director for Policy, tel.: 
202/622-4855, Office of Foreign Assets Control, or Chief Counsel 
(Foreign Assets Control), tel.: 202/622-2410, Office of the General 
Counsel, Department of the Treasury (not toll free numbers).

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability

    This document and additional information concerning OFAC are 
available from OFAC's Web site (www.treasury.gov/ofac). Certain general 
information pertaining to OFAC's sanctions programs also is available 
via facsimile through a 24-hour fax-on-demand service, tel.: 202/622-
0077.

Background

    The U.S. Government issued the Cuban Assets Control Regulations, 31 
CFR part 515 (the ``CACR''), on July 8, 1963, under the Trading With 
the Enemy Act (50 U.S.C. App. 5 et seq.). Section 515.201 of the CACR 
prohibits, inter alia, all transfers of credit and all payments in 
which Cuba or a Cuban national has any interest of any nature 
whatsoever, direct or indirect, between, by, through, or to any banking 
institution wheresoever located, with respect to any property subject 
to the jurisdiction of the United States or by any person subject to 
the jurisdiction of the United States.
    OFAC is amending the CACR to authorize the processing of funds 
transfers for the operating expenses or other official business of 
third-country diplomatic or consular missions in Cuba. OFAC also is 
amending the CACR to authorize certain payments for services rendered 
by Cuba to United States aircraft.
    Third-country diplomatic and consular funds transfers. To ensure 
that the prohibitions in the CACR do not impede third-country 
diplomatic or consular activities in Cuba, OFAC is adding new section 
515.579 to the CACR. This new section authorizes the processing of 
funds transfers otherwise prohibited by the CACR for the operating 
expenses or other official business of third-country diplomatic or 
consular missions in Cuba.
    Services rendered by Cuba to United States aircraft. OFAC is 
amending section 515.548 of the CACR to add a general license 
authorizing payments in connection with overflights of Cuba or 
emergency landings in Cuba by United States aircraft. Prior to this 
amendment, such payments required the issuance of a specific license.

Public Participation

    Because the amendment of the CACR involves a foreign affairs 
function, the provisions of Executive Order 12866 of September 30, 
1993, and 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.

Paperwork Reduction Act

    The collections of information related to the CACR are contained in 
31 CFR part 501 (the ``Reporting, Procedures and Penalties 
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507), those collections of information have been approved by 
the Office of Management and Budget under control number 1505-0164. An 
agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the collection of 
information displays a valid control number.

List of Subjects in 31 CFR Part 515

    Aircraft, Banks, Banking, Cuba, Currency, Diplomatic and consular 
missions, Emergency landings, Overflights.

    For the reasons set forth in the preamble, the Department of the 
Treasury's Office of Foreign Assets Control amends 31 CFR part 515 as 
set forth below:

PART 515--CUBAN ASSETS CONTROL REGULATIONS

0
1. The authority citation for part 515 continues to read as follows:

    Authority:  18 U.S.C. 2332d; 22 U.S.C. 2370(a), 6001-6010, 7201-
7211; 31 U.S.C. 321(b); 50 U.S.C. App 1-44; Pub. L. 101-410, 104 
Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104-114, 110 Stat. 785 (22 
U.S.C. 6021-6091); Pub. L. 105-277, 112 Stat. 2681; Pub. L. 111-8, 
123 Stat. 524; Pub. L. 111-117, 123 Stat. 3034; E.O. 9193, 7 FR 
5205, 3 CFR, 1938-1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 
1943-1948 Comp., p. 748; Proc. 3447, 27 FR 1085, 3 CFR, 1959-1963 
Comp., p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614.

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

0
2. Revise Sec.  515.548 to read as follows:


Sec.  515.548  Services rendered by Cuba to United States aircraft.

    Payment to Cuba of charges for services rendered by Cuba in 
connection with overflights of Cuba or emergency landings in Cuba by 
aircraft registered in the United States or owned or controlled by, or 
chartered to, persons

[[Page 71531]]

subject to U.S. jurisdiction is authorized.

0
3. Add new Sec.  515.579 to subpart E to read as follows:


Sec.  515.579  Third-country diplomatic and consular funds transfers.

    Depository institutions, as defined in Sec.  515.333, are 
authorized to process funds transfers for the operating expenses or 
other official business of third-country diplomatic or consular 
missions in Cuba.

    Dated: November 26, 2012.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2012-29100 Filed 11-30-12; 8:45 am]
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