[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48875-48878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22928]


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DEPARTMENT OF STATE

[Public Notice: 10178]


Strengthening the Policy of the United States Toward Cuba

AGENCY: Department of State.

ACTION: Notice.

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    National Security Presidential Memorandum NSPM-5 entitled 
``Strengthening the Policy of the United States Toward Cuba'' was 
issued by the President on June 16, 2017. The memorandum outlines the 
Administration's policy toward Cuba and policy implementation actions 
to be taken by heads of departments and agencies. The President 
authorized and directed the Secretary of State to publish this 
memorandum in the Federal Register. The text of the memorandum is set 
out below.

Janet Freer,
Director, Office of Directives Management, Bureau of Administration, 
Department of State.
National Security Presidential Memorandum on Strengthening the Policy 
of the United States Toward Cuba
MEMORANDUM FOR THE VICE PRESIDENT
    THE SECRETARY OF STATE
    THE SECRETARY OF THE TREASURY
    THE SECRETARY OF DEFENSE
    THE ATTORNEY GENERAL
    THE SECRETARY OF THE INTERIOR
    THE SECRETARY OF AGRICULTURE
    THE SECRETARY OF COMMERCE
    THE SECRETARY OF HEALTH AND

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HUMAN SERVICES
    THE SECRETARY OF TRANSPORTATION
    THE SECRETARY OF HOMELAND SECURITY
    THE DIRECTOR OF NATIONAL INTELLIGENCE
    THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
    THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
    THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF
    THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
    THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
    THE ASSISTANT TO THE PRESIDENT FOR HOMELAND SECURITY AND 
COUNTERTERRORISM
    THE COUNSEL TO THE PRESIDENT
    THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC AFFAIRS
    THE UNITED STATES TRADE REPRESENTATIVE
    THE DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY
    THE REPRESENTATIVE OF THE UNITED STATES TO THE UNITED NATIONS
    THE ADMINISTRATOR OF THE SMALL BUSINESS ADMINISTRATION
    THE ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT
    THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT
Section 1. Purpose.
    The United States recognizes the need for more freedom and 
democracy, improved respect for human rights, and increased free 
enterprise in Cuba. The Cuban people have long suffered under a 
Communist regime that suppresses their legitimate aspirations for 
freedom and prosperity and fails to respect their essential human 
dignity.
    My Administration's policy will be guided by the national security 
and foreign policy interests of the United States, as well as 
solidarity with the Cuban people. I will seek to promote a stable, 
prosperous, and free country for the Cuban people. To that end, we must 
channel funds toward the Cuban people and away from a regime that has 
failed to meet the most basic requirements of a free and just society.
    In Cuba, dissidents and peaceful protesters are arbitrarily 
detained and held in terrible prison conditions. Violence and 
intimidation against dissidents occurs with impunity. Families of 
political prisoners are not allowed to assemble or peacefully protest 
the improper confinement of their loved ones. Worshippers are harassed, 
and free association by civil society organizations is blocked. The 
right to speak freely, including through access to the Internet, is 
denied, and there is no free press. The United States condemns these 
abuses.
    The initial actions set forth in this memorandum, including 
restricting certain financial transactions and travel, encourage the 
Cuban government to address these abuses. My Administration will 
continue to evaluate its policies so as to improve human rights, 
encourage the rule of law, foster free markets and free enterprise, and 
promote democracy in Cuba.
Sec. 2. Policy.
It shall be the policy of the executive branch to:

    (a) End economic practices that disproportionately benefit the 
Cuban government or its military, intelligence, or security agencies or 
personnel at the expense of the Cuban people.
    (b) Ensure adherence to the statutory ban on tourism to Cuba.
    (c) Support the economic embargo of Cuba described in section 4(7) 
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 
(the embargo), including by opposing measures that call for an end to 
the embargo at the United Nations and other international forums and 
through regular reporting on whether the conditions of a transition 
government exist in Cuba.
    (d) Amplify efforts to support the Cuban people through the 
expansion of internet services, free press, free enterprise, free 
association, and lawful travel.
    (e) Not reinstate the ``Wet Foot, Dry Foot'' policy, which 
encouraged untold thousands of Cuban nationals to risk their lives to 
travel unlawfully to the United States.
    (f) Ensure that engagement between the United States and Cuba 
advances the interests of the United States and the Cuban people. These 
interests include: advancing Cuban human rights; encouraging the growth 
of a Cuban private sector independent of government control; enforcing 
final orders of removal against Cuban nationals in the United States; 
protecting the national security and public health and safety of the 
United States, including through proper engagement on criminal cases 
and working to ensure the return of fugitives from American justice 
living in Cuba or being harbored by the Cuban government; supporting 
United States agriculture and protecting plant and animal health; 
advancing the understanding of the United States regarding scientific 
and environmental challenges; and facilitating safe civil aviation.
Sec. 3. Implementation.
The heads of departments and agencies shall begin to implement the 
policy set forth in section 2 of this memorandum as follows:

    (a) Within 30 days of the date of this memorandum, the Secretary of 
the Treasury and the Secretary of Commerce, as appropriate and in 
coordination with the Secretary of State and the Secretary of 
Transportation, shall initiate a process to adjust current regulations 
regarding transactions with Cuba.
    (i) As part of the regulatory changes described in this subsection, 
the Secretary of State shall identify the entities or subentities, as 
appropriate, that are under the control of, or act for or on behalf of, 
the Cuban military, intelligence, or security services or personnel 
(such as Grupo de Administracion Empresarial S.A. (GAESA), its 
affiliates, subsidiaries, and successors), and publish a list of those 
identified entities and subentities with which direct financial 
transactions would disproportionately benefit such services or 
personnel at the expense of the Cuban people or private enterprise in 
Cuba.
    (ii) Except as provided in subsection (a)(iii) of this section, the 
regulatory changes described in this subsection shall prohibit direct 
financial transactions with those entities or subentities on the list 
published pursuant to subsection (a)(i) of this section.
    (iii) The regulatory changes shall not prohibit transactions that 
the Secretary of the Treasury or the Secretary of Commerce, in 
coordination with the Secretary of State, determines are consistent 
with the policy set forth in section 2 of this memorandum and:
    (A) concern Federal Government operations, including Naval Station 
Guantanamo Bay and the United States mission in Havana;
    (B) support programs to build democracy in Cuba;
    (C) concern air and sea operations that support permissible travel, 
cargo, or trade;
    (D) support the acquisition of visas for permissible travel;
    (E) support the expansion of direct telecommunications and internet 
access for the Cuban people;

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    (F) support the sale of agricultural commodities, medicines, and 
medical devices sold to Cuba consistent with the Trade Sanctions Reform 
and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and the 
Cuban Democracy Act of 2002 (22 U.S.C. 6001 et seq.);
    (G) relate to sending, processing, or receiving authorized 
remittances;
    (H) otherwise further the national security or foreign policy 
interests of the United States; or
    (I) are required by law.
    (b) Within 30 days of the date of this memorandum, the Secretary of 
the Treasury, in coordination with the Secretary of State, shall 
initiate a process to adjust current regulations to ensure adherence to 
the statutory ban on tourism to Cuba.
    (i) The amended regulations shall require that educational travel 
be for legitimate educational purposes. Except for educational travel 
that was permitted by regulation in effect on January 27, 2011, all 
educational travel shall be under the auspices of an organization 
subject to the jurisdiction of the United States, and all such 
travelers must be accompanied by a representative of the sponsoring 
organization.
    (ii) The regulations shall further require that those traveling for 
the permissible purposes of non academic education or to provide 
support for the Cuban people:
    (A) engage in a full-time schedule of activities that enhance 
contact with the Cuban people, support civil society in Cuba, or 
promote the Cuban people's independence from Cuban authorities; and
    (B) meaningfully interact with individuals in Cuba.
    (iii) The regulations shall continue to provide that every person 
engaging in travel to Cuba shall keep full and accurate records of all 
transactions related to authorized travel, regardless of whether they 
were effected pursuant to license or otherwise, and such records shall 
be available for examination by the Department of the Treasury for at 
least 5 years after the date they occur.
    (iv) The Secretary of State, the Secretary of the Treasury, the 
Secretary of Commerce, and the Secretary of Transportation shall review 
their agency's enforcement of all categories of permissible travel 
within 90 days of the date the regulations described in this subsection 
are finalized to ensure such enforcement accords with the policies 
outlined in section 2 of this memorandum.
    (c) The Secretary of the Treasury shall regularly audit travel to 
Cuba to ensure that travelers are complying with relevant statutes and 
regulations. The Secretary of the Treasury shall request that the 
Inspector General of the Department of the Treasury inspect the 
activities taken by the Department of the Treasury to implement this 
audit requirement. The Inspector General of the Department of the 
Treasury shall provide a report to the President, through the Secretary 
of the Treasury, summarizing the results of that inspection within 180 
days of the adjustment of current regulations described in subsection 
(b) of this section and annually thereafter.
    (d) The Secretary of the Treasury shall adjust the Department of 
the Treasury's current regulation defining the term ``prohibited 
officials of the Government of Cuba'' so that, for purposes of title 
31, part 515 of the Code of Federal Regulations, it includes Ministers 
and Vice-Ministers, members of the Council of State and the Council of 
Ministers; members and employees of the National Assembly of People's 
Power; members of any provincial assembly; local sector chiefs of the 
Committees for the Defense of the Revolution; Director Generals and 
sub-Director Generals and higher of all Cuban ministries and state 
agencies; employees of the Ministry of the Interior (MININT); employees 
of the Ministry of Defense (MINFAR); secretaries and first secretaries 
of the Confederation of Labor of Cuba (CTC) and its component unions; 
chief editors, editors, and deputy editors of Cuban state-run media 
organizations and programs, including newspapers, television, and 
radio; and members and employees of the Supreme Court (Tribuno Supremo 
Nacional).
    (e) The Secretary of State and the Representative of the United 
States to the United Nations shall oppose efforts at the United Nations 
or (with respect to the Secretary of State) any other international 
forum to lift the embargo until a transition government in Cuba, as 
described in section 205 of the LIBERTAD Act, exists.
    (f) The Secretary of State, in coordination with the Attorney 
General, shall provide a report to the President assessing whether and 
to what degree the Cuban government has satisfied the requirements of a 
transition government as described in section 205(a) of the LIBERTAD 
Act, taking into account the additional factors listed in section 
205(b) of that Act. This report shall include a review of human rights 
abuses committed against the Cuban people, such as unlawful detentions, 
arbitrary arrests, and inhumane treatment.
    (g) The Attorney General shall, within 90 days of the date of this 
memorandum, issue a report to the President on issues related to 
fugitives from American justice living in Cuba or being harbored by the 
Cuban government.
    (h) The Secretary of State and the Administrator of the United 
States Agency for International Development shall review all democracy 
development programs of the Federal Government in Cuba to ensure that 
they align with the criteria set forth in section 109(a) of the 
LIBERTAD Act.
    (i) The Secretary of State shall convene a task force, composed of 
relevant departments and agencies, including the Office of Cuba 
Broadcasting, and appropriate non-governmental organizations and 
private-sector entities, to examine the technological challenges and 
opportunities for expanding internet access in Cuba, including through 
Federal Government support of programs and activities that encourage 
freedom of expression through independent media and internet freedom so 
that the Cuban people can enjoy the free and unregulated flow of 
information.
    (j) The Secretary of State and the Secretary of Homeland Security 
shall continue to discourage dangerous, unlawful migration that puts 
Cuban and American lives at risk. The Secretary of Defense shall 
continue to provide support, as necessary, to the Department of State 
and the Department of Homeland Security in carrying out the duties 
regarding interdiction of migrants.
    (k) The Secretary of State, in coordination with the Secretary of 
the Treasury, the Secretary of Defense, the Attorney General, the 
Secretary of Commerce, and the Secretary of Homeland Security, shall 
annually report to the President regarding the engagement of the United 
States with Cuba to ensure that engagement is advancing the interests 
of the United States.
    (l) All activities conducted pursuant to subsections (a) through 
(k) of this section shall be carried out in a manner that furthers the 
interests of the United States, including by appropriately protecting 
sensitive sources, methods, and operations of the Federal Government.
Sec. 4. Earlier Presidential Actions.
    (a) This memorandum supersedes and replaces both National Security 
Presidential Directive-52 of June 28, 2007, U.S. Policy toward Cuba, 
and Presidential Policy Directive-43 of October 14, 2016, United 
States-Cuba Normalization.

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    (b) This memorandum does not affect either Executive Order 12807 of 
May 24, 1992, Interdiction of Illegal Aliens, or Executive Order 13276 
of November 15, 2002, Delegation of Responsibilities Concerning 
Undocumented Aliens Interdicted or Intercepted in the Caribbean Region.
Sec. 5. General Provisions.
    (a) Nothing in this memorandum shall be construed to impair or 
otherwise affect:
    (i) the authority granted by law to an executive department or 
agency, or the head thereof; or
    (ii) the functions of the Director of the Office of Management and 
Budget relating to budgetary, administrative, or legislative proposals.
    (b) This memorandum shall be implemented consistent with applicable 
laws and subject to the availability of appropriations.
    (c) This memorandum is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law or in 
equity by any party against the United States, its departments, 
agencies, or entities, its officers, employees, or agents, or any other 
person.
    (d) The Secretary of State is hereby authorized and directed to 
publish this memorandum in the Federal Register.

Donald J. Trump

[FR Doc. 2017-22928 Filed 10-19-17; 8:45 am]
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