80 FR 22763 - The State Department's § 515.582 List

DEPARTMENT OF STATE

Federal Register Volume 80, Issue 78 (April 23, 2015)

Page Range		22763-22764
FR Document		2015-09509

On February 13, 2015, the Department of State published a list of goods and services produced by independent Cuban entrepreneurs that are eligible for importation into the United States, pursuant to Sec. 515.582 of the Department of the Treasury's Cuban Assets Control Regulations, 31 CFR part 515 (``CACR''). The State Department is issuing a Federal Register notice to this effect.

Federal Register, Volume 80 Issue 78 (Thursday, April 23, 2015)

[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22763-22764]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-09509]

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DEPARTMENT OF STATE

[Public Notice 9108]

The State Department's Sec. 515.582 List

AGENCY: Department of State.

ACTION: Notice, initial publication of list of goods and services
produced by Cuban independent entrepreneurs eligible for importation
into the United States.

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SUMMARY: On February 13, 2015, the Department of State published a list
of goods and services produced by independent Cuban entrepreneurs that
are eligible for importation into the United States, pursuant to Sec.
515.582 of the Department of the Treasury's Cuban Assets Control
Regulations, 31 CFR part 515 (``CACR''). The State Department is
issuing a Federal Register notice to this effect.

DATES: Effective Date: February 13, 2015.

FOR FURTHER INFORMATION CONTACT: Office of Economic Sanctions Policy
and Implementation, tel.: 202-647-7489; Office of the Coordinator for
Cuban Affairs, tel.: 202-647-9273, Department of State, Washington, DC
20520 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Electronic Availability

This document and additional information concerning the List are
available from the Department of State's Web site (www.state.gov/e/eb/tfs/spi).

Background

On January 16, 2015, the Department of the Treasury's Office of
Foreign Assets Control (OFAC) published a final rule in the Federal
Register (80 FR 2291) amending the Cuban Assets Control Regulations
(CACR), 31 CFR part 515, to implement the President's December 17,
2014, policy announcement on Cuba. Sec. 515.582 of the CACR was added
to authorize commercial imports of certain goods and services produced
by independent Cuban entrepreneurs, as determined by the State
Department as set forth on the State Department's Sec. 515.582 List.
The State Department's Sec. 515.582 List was published February 13,
2015 on its Web site (http://www.state.gov/e/eb/tfs/spi) and went into
effect immediately upon publication. Per Sec. 515.582 of the CACR, the
State Department is issuing a Federal Register notice to this effect.
The List is as follows, and may be updated by the State Department
periodically.

U.S. Department of State

Section 515.582 List

Goods and Services Eligible for Importation

In accordance with the policy changes announced by the President on
December 17, 2014, to further engage and empower the Cuban people,
Sec. 515.582 of the Cuban Assets Control Regulations (31 CFR part
515--the CACR) authorizes the importation into the United States of
certain goods and services produced by independent Cuban entrepreneurs
as determined by the State Department as set forth on the Sec. 515.582
List, below.

Goods

The goods whose import is authorized by Sec. 515.582 are goods
produced by independent Cuban entrepreneurs, as demonstrated by
documentary evidence, that are imported into the United States directly
from Cuba, except for goods specified in the following sections/
chapters of the Harmonized Tariff Schedule of the United States (HTS):

Section I: Live Animals; Animal Products
[cir] All chapters
Section II: Vegetable Products
[cir] All chapters
Section III: Animal or Vegetable Fats and Oils and their
Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes
[cir] All chapters
Section IV: Prepared Foodstuffs; Beverages, Spirits, and
Vinegar; Tobacco and Manufactured Tobacco Substitutes
[cir] All chapters
Section V: Mineral Products
[cir] All chapters
Section VI: Products of the Chemical or Allied Industries
[cir] Chapters 28-32; 35-36, 38
Section XI: Textile and Textile Articles
[cir] Chapters 51-52
Section XV: Base Metals and Articles of Base Metal
[cir] Chapters 72-81
Section XVI: Machinery and Mechanical Appliances; Electrical
Equipment; Parts Thereof; Sound Recorders and Reproducers, Television
Image and Sound Recorders and Reproducers, and Parts and Accessories of
Such Articles

[[Page 22764]]

[cir] All chapters
Section XVII: Vehicles, Aircraft, Vessels, and Associated
Transportation Equipment
[cir] All chapters
Section XIX: Arms and Ammunition; Parts and Accessories
Thereof
[cir] All chapters

Persons subject to U.S. jurisdiction engaging in import transactions
involving goods produced by an independent Cuban entrepreneur pursuant
to Sec. 515.582 must obtain documentary evidence that demonstrates the
entrepreneur's independent status, such as a copy of a license to be
self-employed issued by the Cuban government or, in the case of an
entity, evidence that demonstrates that the entrepreneur is a private
entity that is not owned or controlled by the Cuban government.
This list does not supersede or excuse compliance with any
additional requirements in U.S. law or regulation, including the
relevant duties as set forth on the HTS.
For travelers importing authorized goods into the United States
pursuant to Sec. 515.582 as accompanied baggage, the $400 monetary
limit set forth in Sec. 515.560(c)(3) does not apply to such goods,
but goods may be subject to applicable duties, fees, and taxes.

Services

The authorized services pursuant to 31 CFR 515.582 are services
supplied by an independent Cuban entrepreneur in Cuba, as demonstrated
by documentary evidence. Persons subject to U.S. jurisdiction engaging
in import transactions involving services supplied by an independent
Cuban entrepreneur pursuant to Sec. 515.582 are required to obtain
documentary evidence that demonstrates the entrepreneur's independent
status, such as a copy of a license to be self-employed issued by the
Cuban government or, in the case of an entity, evidence that
demonstrates that the entrepreneur is a private entity that is not
owned or controlled by the Cuban government. Supply of services must
comply with other applicable state and federal laws.

Note 1: All payments in settlement of transactions authorized by
Sec. 515.582 should reference this section in order to avoid having
them rejected.

Note 2: The authorization in Sec. 515.582 of the CACR does not
supersede or excuse compliance with U.S. laws or regulations or any
other additional requirements.

Note 3: The Department of State, in consultation with other
federal agencies, reserves the right to update this document
periodically. Any subsequent updates will take effect when published
on the Web page of the Bureau of Economic and Business Affairs'
Office of Sanctions Policy and Implementation (http://www.state.gov/e/eb/tfs/spi). Updates will also be published in the Federal
Register. For further information, please contact the State
Department at 202-647-7489.

Note 4: For provisions relating to recordkeeping and reports,
see 31 CFR 501.601 and 501.602 and 19 CFR part 163.

With this notice, the Department of State is publishing a copy of
its February 13, 2015, Sec. 515.582 List in the Federal Register.

Dated: April 16, 2015.
Charles H. Rivkin,
Assistant Secretary for Economic and Business Affairs.
[FR Doc. 2015-09509 Filed 4-22-15; 8:45 am]
BILLING CODE 4710-07-P

Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices 22763

involving persons other than the IRIB on measures within their authority to carry and went into effect immediately upon
the SDN List; and out the provisions of this notice. publication. Per § 515.582 of the CACR,
b. transactions involving the the State Department is issuing a
Charles H. Rivkin,
provision of the following related Federal Register notice to this effect.
Assistant Secretary for Economic and The List is as follows, and may be
administrative services to, or for the Business Affairs.
updated by the State Department
benefit of, Iran, to the extent such [FR Doc. 2015–09511 Filed 4–22–15; 8:45 am]
periodically.
services are necessary to establish and BILLING CODE 4710–07–P
maintain ground and satellite U.S. Department of State
connectivity with IRIB: Standard Section 515.582 List
operational support, including DEPARTMENT OF STATE
coordinating with in-country personnel Goods and Services Eligible for
[Public Notice 9108]
on matters such as configuring ground Importation
and earth station equipment to access The State Department’s § 515.582 List In accordance with the policy changes
space segment capacity; marketing announced by the President on
AGENCY: Department of State. December 17, 2014, to further engage
services; billing services; and legal
services, and excluding any transactions ACTION: Notice, initial publication of list and empower the Cuban people,
involving persons other than the IRIB on of goods and services produced by § 515.582 of the Cuban Assets Control
Cuban independent entrepreneurs Regulations (31 CFR part 515—the
the SDN List.
eligible for importation into the United CACR) authorizes the importation into
3. Section 1247(a) of IFCA 3 to the States. the United States of certain goods and
extent required for transactions by services produced by independent
foreign financial institutions on behalf SUMMARY: On February 13, 2015, the
Department of State published a list of Cuban entrepreneurs as determined by
of IRIB involving: the State Department as set forth on the
goods and services produced by
a. The provision of ground § 515.582 List, below.
independent Cuban entrepreneurs that
connectivity services using earth are eligible for importation into the Goods
stations and fiber optic connections United States, pursuant to § 515.582 of
outside of Iran and the provision and The goods whose import is authorized
the Department of the Treasury’s Cuban by § 515.582 are goods produced by
management of satellite capacity for sale Assets Control Regulations, 31 CFR part
or resale to the IRIB, where such ground independent Cuban entrepreneurs, as
515 (‘‘CACR’’). The State Department is demonstrated by documentary evidence,
connectivity services and satellite issuing a Federal Register notice to this
capacity are to be used for the provision that are imported into the United States
effect. directly from Cuba, except for goods
to Iran of public international DATES: Effective Date: February 13, specified in the following sections/
telecommunications services, and for 2015. chapters of the Harmonized Tariff
associated services, and
FOR FURTHER INFORMATION CONTACT: Schedule of the United States (HTS):
b. transactions involving the Office of Economic Sanctions Policy • Section I: Live Animals; Animal
provision of the following related and Implementation, tel.: 202–647– Products
administrative services to, or for the 7489; Office of the Coordinator for Æ All chapters
benefit of, Iran, to the extent such Cuban Affairs, tel.: 202–647–9273, • Section II: Vegetable Products
services are necessary to establish and Department of State, Washington, DC Æ All chapters
maintain ground and satellite 20520 (not toll-free numbers). • Section III: Animal or Vegetable Fats
connectivity with IRIB: Standard SUPPLEMENTARY INFORMATION:
and Oils and their Cleavage
operational support, including Products; Prepared Edible Fats;
coordinating with in-country personnel Electronic Availability Animal or Vegetable Waxes
on matters such as configuring ground This document and additional Æ All chapters
information concerning the List are • Section IV: Prepared Foodstuffs;
and earth station equipment to access
available from the Department of State’s Beverages, Spirits, and Vinegar;
space segment capacity; marketing
Web site (www.state.gov/e/eb/tfs/spi). Tobacco and Manufactured Tobacco
services; billing services; and legal
Substitutes
services. Background Æ All chapters
These waivers shall take effect upon On January 16, 2015, the Department • Section V: Mineral Products
transmittal to Congress. of the Treasury’s Office of Foreign Æ All chapters
• Section VI: Products of the Chemical
(Signed John F. Kerry, Secretary of Assets Control (OFAC) published a final
or Allied Industries
State) rule in the Federal Register (80 FR Æ Chapters 28–32; 35–36, 38
Therefore, these sanctions have been 2291) amending the Cuban Assets • Section XI: Textile and Textile
waived as described in the Control Regulations (CACR), 31 CFR Articles
determinations above. Relevant agencies part 515, to implement the President’s Æ Chapters 51–52
and instrumentalities of the U.S.
December 17, 2014, policy • Section XV: Base Metals and Articles
announcement on Cuba. § 515.582 of the of Base Metal
government shall take all appropriate
CACR was added to authorize Æ Chapters 72–81
• Section XVI: Machinery and
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3 Pursuant to section 1247(a) of IFCA, the relevant
commercial imports of certain goods
sanction in section 1247(a) still continues not to
and services produced by independent Mechanical Appliances; Electrical
apply, by its terms, in the case of Iranian financial Cuban entrepreneurs, as determined by Equipment; Parts Thereof; Sound
institutions that have not been designated for the the State Department as set forth on the Recorders and Reproducers,
imposition of sanctions in connection with Iran’s State Department’s § 515.582 List. The Television Image and Sound
proliferation of weapons of mass destruction or
delivery systems for weapons of mass destruction,
State Department’s § 515.582 List was Recorders and Reproducers, and
support for international terrorism, or abuses of published February 13, 2015 on its Web Parts and Accessories of Such
human rights (as described in section 1247(b)). site (http://www.state.gov/e/eb/tfs/spi) Articles

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22764 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices

Æ All chapters take effect when published on the Web page information regarding the collection
• Section XVII: Vehicles, Aircraft, of the Bureau of Economic and Business listed in this notice, including requests
Vessels, and Associated Affairs’ Office of Sanctions Policy and for copies of the proposed collection
Transportation Equipment Implementation (http://www.state.gov/e/eb/
instrument and supporting documents,
Æ All chapters tfs/spi). Updates will also be published in the
Federal Register. For further information, to Lisa M. Farrell, US Department of
• Section XIX: Arms and Ammunition; State, Office of Risk Analysis and
please contact the State Department at 202–
Parts and Accessories Thereof 647–7489. Management, 2201 C St. NW.,
Æ All chapters Washington, DC 20520, who may be
Persons subject to U.S. jurisdiction Note 4: For provisions relating to reached on 202–647–6020 or at
engaging in import transactions recordkeeping and reports, see 31 CFR FARRELLLM1@state.gov.
involving goods produced by an 501.601 and 501.602 and 19 CFR part 163.
SUPPLEMENTARY INFORMATION:
independent Cuban entrepreneur With this notice, the Department of • Title of Information Collection: Risk
pursuant to § 515.582 must obtain State is publishing a copy of its Analysis and Management.
documentary evidence that February 13, 2015, § 515.582 List in the • OMB Control Number: 1405–0204.
demonstrates the entrepreneur’s Federal Register. • Type of Request: Extension of a
independent status, such as a copy of a Currently Approved Collection.
Dated: April 16, 2015.
license to be self-employed issued by
Charles H. Rivkin,
• Originating Office: A/LM.
the Cuban government or, in the case of • Form Number: DS–4184.
Assistant Secretary for Economic and
an entity, evidence that demonstrates • Respondents: Potential Contractors
that the entrepreneur is a private entity Business Affairs.
and Grantees.
that is not owned or controlled by the [FR Doc. 2015–09509 Filed 4–22–15; 8:45 am]
• Estimated Number of Respondents:
Cuban government. BILLING CODE 4710–07–P 800.
This list does not supersede or excuse • Estimated Number of Responses:
compliance with any additional 800.
requirements in U.S. law or regulation, DEPARTMENT OF STATE • Average Time Per Response: 75
including the relevant duties as set forth [Public Notice: 9109] minutes.
on the HTS. • Total Estimated Burden Time: 1000
For travelers importing authorized 30-Day Notice of Proposed Information hours.
goods into the United States pursuant to Collection: Risk Analysis and • Frequency: On occasion.
§ 515.582 as accompanied baggage, the Management (RAM) OMB Control • Obligation to Respond: Voluntary.
$400 monetary limit set forth in Number 1405–0204 We are soliciting public comments to
§ 515.560(c)(3) does not apply to such permit the Department to:
goods, but goods may be subject to Notice of request for public
ACTION: • Evaluate whether the proposed
applicable duties, fees, and taxes. comment. information collection is necessary for
the proper functions of the Department.
Services SUMMARY: The Department of State is
• Evaluate the accuracy of our
The authorized services pursuant to seeking Office of Management and
estimate of the time and cost burden for
31 CFR 515.582 are services supplied by Budget (OMB) approval for the
this proposed collection, including the
an independent Cuban entrepreneur in information collection described below.
validity of the methodology and
Cuba, as demonstrated by documentary In accordance with the Paperwork
assumptions used.
Reduction Act of 1995, we are
evidence. Persons subject to U.S. • Enhance the quality, utility, and
jurisdiction engaging in import requesting comments on this collection
clarity of the information to be
transactions involving services supplied from all interested individuals and
collected.
by an independent Cuban entrepreneur organizations. The purpose of this • Minimize the reporting burden on
pursuant to § 515.582 are required to notice is to allow 30 days for public those who are to respond, including the
obtain documentary evidence that comment preceding submission of the use of automated collection techniques
demonstrates the entrepreneur’s collection to OMB. or other forms of information
independent status, such as a copy of a DATES: The Department will accept technology.
license to be self-employed issued by comments from the public up to May Please note that comments submitted
the Cuban government or, in the case of 26, 2015. in response to this Notice are public
an entity, evidence that demonstrates ADDRESSES: Direct comments to the record. Before including any detailed
that the entrepreneur is a private entity Department of State Desk Officer in the personal information, you should be
that is not owned or controlled by the Office of Information and Regulatory aware that your comments as submitted,
Cuban government. Supply of services Affairs at the Office of Management and including your personal information,
must comply with other applicable state Budget (OMB). You may submit will be available for public review.
and federal laws. comments by the following methods:
• Email: oira_submission@ Abstract of Proposed Collection
Note 1: All payments in settlement of
transactions authorized by § 515.582 should
omb.eop.gov. You must include the DS The information collected from
reference this section in order to avoid form number, information collection individuals and organizations is
having them rejected. title, and the OMB control number in specifically used to conduct screening
the subject line of your message. to ensure that State funded activities do
• Fax: 202–395–5806. Attention: Desk
mstockstill on DSK4VPTVN1PROD with NOTICES

Note 2: The authorization in § 515.582 of not provide support to entities or
the CACR does not supersede or excuse Officer for Department of State. individuals deemed to be a risk to
compliance with U.S. laws or regulations or You must include the DS form national security.
any other additional requirements. number (if applicable), information
collection title, and the OMB control Methodology
Note 3: The Department of State, in
consultation with other federal agencies, number in any correspondence. The State Department has
reserves the right to update this document FOR FURTHER INFORMATION CONTACT: implemented a Risk Analysis and
periodically. Any subsequent updates will Direct requests for additional Management Program to vet potential

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Document Created: 2015-12-16 08:41:19
Document Modified: 2015-12-16 08:41:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice, initial publication of list of goods and services produced by Cuban independent entrepreneurs eligible for importation into the United States.
Contact		Office of Economic Sanctions Policy and Implementation, tel.: 202-647-7489; Office of the Coordinator for Cuban Affairs, tel.: 202-647-9273, Department of State, Washington, DC 20520 (not toll-free numbers).
FR Citation		80 FR 22763