[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Rules and Regulations]
[Pages 25992-25993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11755]
[[Page 25992]]
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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
implement portions of the President's foreign policy toward Cuba. This
amendment removes an authorization for group people-to-people
educational travel and provides a ``grandfathering'' provision to
authorize certain group people-to-people educational travel that
previously was authorized where the traveler has already completed at
least one travel-related transaction (such as purchasing a flight or
reserving accommodation) prior to June 5, 2019.
DATES: Effective: June 5, 2019.
FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for
Licensing, 202-622-2480, Assistant Director for Regulatory Affairs,
202-622-4855, Assistant Director for Sanctions Compliance & Evaluation,
202-622-2490; or the Department of the Treasury's Office of the Chief
Counsel (Foreign Assets Control), Office of the General Counsel, 202-
622-2410.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available from OFAC's website (www.treasury.gov/ofac).
Background
The Department of the Treasury issued the Cuban Assets Control
Regulations, 31 CFR part 515 (the Regulations), on July 8, 1963, under
the Trading With the Enemy Act (50 U.S.C. 4301-41). OFAC has amended
the Regulations on numerous occasions. In particular, on November 9,
2017, OFAC, the Department of Commerce's Bureau of Industry and
Security, and the Department of State (State) took coordinated actions
to implement National Security Presidential Memorandum-5,
``Strengthening the Policy of the United States Toward Cuba,'' signed
by the President on June 16, 2017 (NSPM-5). Among other things, in
accordance with section 3(b)(ii) of NSPM-5, OFAC amended Sec.
515.565(b) to require that people-to-people educational travel be
conducted under the auspices of an organization that is subject to U.S.
jurisdiction and that sponsors such exchanges to promote people-to-
people contact (group people-to-people educational travel) (82 FR
51998).
On April 17, 2019, National Security Advisor Ambassador John Bolton
delivered a foreign policy address (April 2019 Address) announcing
regulatory changes to further implement NSPM-5 and the President's
foreign policy toward Cuba. Among other changes, the April 2019 Address
announced that the Department of the Treasury would further restrict
non-family travel.
In accordance with the April 2019 Address, OFAC is amending Sec.
515.565 to remove the authorization for group people-to-people
educational travel in Sec. 515.565(b). OFAC is adding a
``grandfathering'' provision in Sec. 515.565(b) to authorize certain
group people-to-people educational travel that previously was
authorized where the traveler has already completed at least one
travel-related transaction (such as purchasing a flight or reserving
accommodation) prior to June 5, 2019. Finally, OFAC is adding a Note to
Sec. 515.572(a)(2) highlighting the fact that the export or reexport
of vessels or aircraft providing carrier services under Sec.
515.572(a)(2) requires separate authorization from the Department of
Commerce.
Public Participation
Because the amendments of the Regulations involve a foreign affairs
function, the provisions of Executive Order 12866 and the
Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date, as well as the provisions of Executive Order 13771, 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 Regulations are
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties
Regulations'') and Sec. 515.572 of this part. Pursuant to the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of
information are covered by the Office of Management and Budget under
control numbers 1505-0164, 1505-0167, and 1505-0168. 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
Administrative practice and procedure, Banking, Blocking of assets,
Cuba, Financial transactions, Reporting and recordkeeping requirements,
Travel restrictions.
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: 22 U.S.C. 2370(a), 6001-6010, 7201-7211; 31 U.S.C.
321(b); 50 U.S.C. 4301-4341; 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. Amend Sec. 515.565 by:
0
a. Redesignating the Note to paragraphs (a) and (b) as Note 4 to
paragraph (a);
0
b. Revising the newly redesignated Note 4 to paragraph (a);
0
c. Revising paragraph (b); and
0
d. In paragraph (g), remove the phrase ``general licenses'' and add in
its place ``general license'' and remove the text ``or (b)''.
The revisions to read as follows:
Sec. 515.565 Educational activities.
(a) * * *
* * * * *
Note 4 to paragraph (a): Each person relying on the general
authorization in this paragraph must retain specific records related
to the authorized travel transactions. See Sec. Sec. 501.601 and
501.602 of this chapter for applicable recordkeeping and reporting
requirements.
(b) General license for certain people-to-people travel and related
transactions where certain transactions were completed prior to June 5,
2019. Persons subject to U.S. jurisdiction are authorized to engage in
people-to-people travel and related transactions for a trip consistent
with paragraph (b) of this section as those provisions existed on April
17, 2019, provided the traveler completed at least one travel-
[[Page 25993]]
related transaction (such as purchasing a flight or reserving
accommodation) for that particular trip prior to June 5, 2019.
* * * * *
0
3. Amend Sec. 515.572 by adding Note 1 to paragraph (a)(2) to read as
follows:
Sec. 515.572 Provision of travel, carrier, other transportation-
related, and remittance forwarding services.
(a) * * *
(2) * * *
Note 1 to paragraph (a)(2): The export or reexport to Cuba of
items subject to the Export Administration Regulations (15 CFR part
730 et seq.), including vessels and aircraft used to provide carrier
services, requires separate authorization from the Department of
Commerce. See Sec. 515.533.
* * * * *
Dated: May 30, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019-11755 Filed 6-4-19; 8:45 am]
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