81_FR_14040 81 FR 13989 - Cuban Assets Control Regulations

81 FR 13989 - Cuban Assets Control Regulations

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range13989-13994
FR Document2016-06018

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations to further implement elements of the policy announced by the President on December 17, 2014 to engage and empower the Cuban people. Among other things, these amendments further facilitate travel to Cuba for authorized purposes, expand the range of authorized financial transactions, and authorize additional business and physical presence in Cuba. These amendments also implement certain technical and conforming changes.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Rules and Regulations]
[Pages 13989-13994]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06018]


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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 
further implement elements of the policy announced by the President on 
December 17, 2014 to engage and empower the Cuban people. Among other 
things, these amendments further facilitate travel to Cuba for 
authorized purposes, expand the range of authorized financial 
transactions, and authorize additional business and physical presence 
in Cuba. These amendments also implement certain technical and 
conforming changes.

DATES: Effective: March 16, 2016.

FOR FURTHER INFORMATION CONTACT: The Department of the Treasury's 
Office of Foreign Assets Control: Assistant Director for Licensing, 
tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 
202-622-4855, Assistant Director for Sanctions Compliance & Evaluation, 
tel.: 202-622-2490; or the Department of the Treasury's Office of the 
Chief Counsel (Foreign Assets Control), Office of the General Counsel, 
tel.: 202-622-2410.

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 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. 4301-4341). OFAC has 
amended the Regulations on numerous occasions.
    Most recently, on January 16, June 15, and September 21, 2015, and 
January 27, 2016, OFAC amended the Regulations, in coordinated actions 
with the Department of Commerce, to implement certain policy measures 
announced by the President on December 17, 2014 to further engage and 
empower the Cuban people. Today, OFAC and the Department of Commerce 
are taking additional coordinated actions in support of the President's 
Cuba policy.
    OFAC is making additional amendments to the Regulations with 
respect to travel and related transactions, financial transactions, 
business and physical presence, and certain other activities, as set 
forth below.

Travel and Related Transactions

    Individual people-to-people educational travel. OFAC is amending 
section 515.565(b) to remove the requirement that people-to-people 
educational travel be conducted under

[[Page 13990]]

the auspices of an organization that sponsors such exchanges. This 
section now authorizes individuals to travel to Cuba provided that, 
among other things, the traveler engage while in Cuba in a full-time 
schedule of educational exchange activities that are intended to 
enhance contact with the Cuban people, support civil society in Cuba, 
or promote the Cuban people's independence from Cuban authorities, and 
that will result in meaningful interaction between the traveler and 
individuals in Cuba. The predominant portion of the activities engaged 
in by the traveler must not be with certain Government of Cuba or Cuban 
Communist Party officials. Persons relying upon this authorization must 
retain records related to the authorized travel transactions, including 
records demonstrating a full-time schedule of authorized activities.
    Payment of salaries. OFAC is amending section 515.571 to remove the 
limitation on the receipt of compensation in excess of amounts covering 
living expenses and the acquisition of goods for personal consumption 
by a Cuban national present in the United States in a non-immigrant 
status or pursuant to other non-immigrant travel authorization issued 
by the U.S. government. New section (a)(5)(i) explicitly authorizes the 
receipt of any salary or other compensation consistent with the 
individual's non-immigrant status or other non-immigrant travel 
authorization, provided that the recipient is not subject to any 
special tax assessment by the Cuban government in connection with the 
receipt of the salary or other compensation. New section 515.571(e) 
authorizes all transactions related to the sponsorship or hiring of a 
Cuban national to work in the United States and provides that an 
employer may not make additional payments to the Cuban government in 
connection with the sponsorship or hiring of a Cuban national. Section 
515.571(e) also authorizes transactions in connection with the filing 
of an application for non-immigrant travel authorization. OFAC is also 
making conforming edits in section 515.560(d)(3) and the Note to 
section 515.565(a)(5).
    Dealings in merchandise subject to section 515.204, including 
Cuban-origin goods, for personal use. OFAC is adding section 515.585(c) 
to authorize individuals who are persons subject to U.S. jurisdiction 
and who are located in a third country to engage in the purchase or 
acquisition of merchandise subject to the prohibitions in section 
515.204, including Cuban-origin goods, for personal consumption while 
in a third country, and to receive or obtain services from Cuba or a 
Cuban national that are ordinarily incident to travel and maintenance 
within a third country. This provision does not authorize the 
importation of such merchandise into the United States, including as 
accompanied baggage. OFAC is making a conforming change to section 
515.410.

Financial Transactions

    U-turn payments through the U.S. financial system. OFAC is amending 
section 515.584(d) to authorize U-turn transactions in which Cuba or a 
Cuban national has an interest to be conducted through the U.S. 
financial system. This provision authorizes funds transfers from a bank 
outside the United States that pass through one or more U.S. financial 
institutions before being transferred to a bank outside the United 
States where neither the originator nor the beneficiary is a person 
subject to U.S. jurisdiction. Transactions through the U.S. financial 
system that do not meet these criteria, including all transactions 
where the originator or beneficiary is a person subject to U.S. 
jurisdiction, remain prohibited unless otherwise authorized or exempt 
under the Regulations. OFAC is also making conforming edits to section 
515.584(e), regarding unblocking of certain previously blocked funds 
transfers.
    Processing of U.S. dollar monetary instruments. OFAC is adding new 
section 515.584(g) to authorize U.S. banking institutions to process 
U.S. dollar monetary instruments presented indirectly by Cuban 
financial institutions. Correspondent accounts used for transactions 
authorized pursuant to this section may be denominated in U.S. dollars. 
This section does not authorize banking institutions subject to U.S. 
jurisdiction to open correspondent accounts for banking institutions 
that are nationals of Cuba.
    Certain bank accounts on behalf of a Cuban national. OFAC is adding 
new section 515.584(h) to authorize banking institutions to open and 
maintain accounts solely in the name of a Cuban national located in 
Cuba for the purposes only of receiving payments in the United States 
in connection with transactions authorized pursuant to or exempt from 
the prohibitions of this part and remitting such payments to Cuba. This 
provision would allow, for example, a Cuban national author located in 
Cuba to open an account with a bank or online payment platform in the 
United States to receive payments for sales of her book. This provision 
is in addition to the two existing authorizations for banking 
institutions to operate certain accounts on behalf of certain Cuban 
nationals. See Note to paragraph (a) of section 515.571(a)(5) and 
section 515.585(b). To avoid confusion, OFAC also is making conforming 
edits to the Note to section 515.571(a)(5) to clarify that all three 
account authorizations extend to banking institutions.

Business and Physical Presence

    OFAC is amending section 515.573 to authorize additional persons 
subject to U.S. jurisdiction to establish a business and physical 
presence in Cuba.
    Business presence. In September 2015, OFAC amended sections 515.542 
and 515.578 to authorize persons subject to U.S. jurisdiction to 
establish and maintain a business presence in Cuba, including through 
subsidiaries, branches, offices, joint ventures, franchises, and agency 
or other business relationships with any Cuban individual or entity, to 
facilitate the provision of authorized telecommunications and internet-
based services. OFAC is now expanding this authorization to establish a 
business presence to include the following additional categories of 
persons subject to U.S. jurisdiction (all of whom were previously 
authorized to establish a physical presence): exporters of goods 
authorized for export or reexport to Cuba by section 515.533 or section 
515.559 or that are otherwise exempt; entities providing mail or parcel 
transmission services authorized by section 515.542(a) or providing 
cargo transportation services in connection with trade involving Cuba 
authorized by or exempt from the prohibitions of this part; and 
providers of travel and carrier services authorized by section 515.572. 
OFAC is clarifying that the business and physical presence 
authorization for providers of internet-based services extends to 
persons engaged in transactions authorized by section 515.578(e). OFAC 
is removing the prior provisions authorizing business presence that 
were located in sections 515.542 and 515.578 and consolidating these 
authorizations in section 515.573.
    Physical presence. In September 2015, OFAC amended section 515.573 
to authorize certain persons subject to U.S. jurisdiction to establish 
a physical presence, such as an office or other facility, in Cuba, to 
facilitate authorized transactions. OFAC is now expanding this 
authorization to include the following additional categories of persons 
subject to U.S. jurisdiction: entities engaging in non-commercial 
activities authorized by section 515.574 (Support for the Cuban 
People); entities engaging in humanitarian projects set

[[Page 13991]]

forth in section 515.575(b) (Humanitarian projects); and private 
foundations or research or educational institutes engaging in 
transactions authorized by section 515.576. OFAC is also adding a note 
to clarify that the activities that may be carried out by exporters of 
items exported or reexported pursuant to authorization by the 
Department of Commerce or OFAC, or that are otherwise exempt, at a 
physical presence authorized by this section include the assembly of 
such items.

Other Transactions

    Grants and awards. OFAC is adding a new provision in section 
515.565 to authorize the provision of educational grants, scholarships, 
or awards to a Cuban national or in which Cuba or a Cuban national 
otherwise has an interest. This could include, for example, the 
provision of educational scholarships for Cuban students to pursue 
academic studies for a degree. OFAC is also adding a note to section 
515.575(b) to clarify that the existing authorization includes 
provision of grants or awards for humanitarian projects in or related 
to Cuba that are designed to directly benefit the Cuban people as set 
forth in that section.
    Telecommunications and internet-related services. OFAC is amending 
section 515.578 to allow the importation of Cuban-origin software.
    OFAC is also making several technical and conforming edits. In 
particular, OFAC is correcting a typographical error in section 
515.533(d)(2). OFAC is also conforming the language of the general 
authorization in section 515.559(d) to the corresponding authorization 
in section 515.533(d).

Public Participation

    Because the amendments of the Regulations involve a foreign affairs 
function, Executive Order 12866 and the provisions of 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 Regulations are 
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties 
Regulations'') and section 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 is revised 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 C--Definitions


Sec.  515.329  [Amended]

0
2. In Sec.  515.329, remove ``]'' at the end of the sentence.

Subpart D--Interpretations

0
3. Revise Sec.  515.410 to read as follows:


Sec.  515.410  Dealing abroad in Cuban-origin commodities.

    Section 515.204 prohibits, unless licensed, the importation of 
commodities of Cuban origin. It also prohibits, unless licensed, 
persons subject to the jurisdiction of the United States from 
purchasing, transporting or otherwise dealing in commodities of Cuban 
origin which are outside the United States. Attention is directed to 
Sec.  515.585, which authorizes certain dealings in commodities of 
Cuban origin outside the United States.

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

0
4. In Sec.  515.505, revise paragraph (a)(4) to read as follows:


Sec.  515.505  Certain Cuban nationals unblocked.

    (a) * * *
    (4) Any entity, office, or other sub-unit authorized pursuant to 
Sec.  515.573; and
* * * * *

0
5. In Sec.  515.533, revise paragraph (d)(2) introductory text to read 
as follows:


Sec.  515.533  Exportations from the United States to Cuba; 
reexportations of 100% U.S.-origin items to Cuba; negotiation of 
executory contracts.

* * * * *
    (d) * * *
    (2) The travel-related transactions set forth in Sec.  515.560(c) 
and such additional transactions as are directly incident to the 
facilitation of the temporary sojourn of aircraft and vessels as 
authorized by 15 CFR 740.15 (License Exception Aircraft, Vessels and 
Spacecraft) or pursuant to other authorization by the Department of 
Commerce for travel between the United States and Cuba authorized 
pursuant to this part, including travel-related transactions by 
personnel who are persons subject to U.S. jurisdiction and who are 
required for normal operation and service aboard a vessel or aircraft, 
as well as personnel who are persons subject to U.S. jurisdiction and 
who are required to provide services to a vessel in port or aircraft on 
the ground, are authorized, provided that:
* * * * *

0
6. In Sec.  515.542, remove and reserve paragraph (f) and revise Notes 
1 and 2 to Sec.  515.542 to read as follows:


Sec.  515.542  Mail and telecommunications-related transactions.

* * * * *

    Note 1 to Sec.  515.542:  For an authorization of travel-related 
transactions that are directly incident to the conduct of market 
research, commercial marketing, sales or contract negotiation, 
accompanied delivery, installation, leasing, or servicing in Cuba of 
items consistent with the export or reexport policy of the 
Department of Commerce, see Sec.  515.533(d). For an authorization 
of travel-related transactions that are directly incident to 
participation in professional meetings, including where such 
meetings relate to telecommunications services or other activities 
authorized by paragraphs (b) through (e) of this section, see Sec.  
515.564(a).


    Note 2 to Sec.  515.542:  For general licenses authorizing 
physical and business presence in Cuba for certain persons, see 
Sec.  515.573. An authorization related to business presence was 
previously included in this section. For an authorization of certain 
internet-related services, see Sec.  515.578.


0
7. In Sec.  515.559, revise paragraph (d) to read as follows:

[[Page 13992]]

Sec.  515.559  Certain export and import transactions by U.S.-owned or 
-controlled foreign firms.

* * * * *
    (d) General license. Travel-related transactions set forth in Sec.  
515.560(c) and such other transactions as are directly incident to 
market research, commercial marketing, sales or contract negotiation, 
accompanied delivery, installation, leasing, or servicing in Cuba of 
exports that are consistent with the licensing policy under paragraph 
(a) of this section are authorized, provided that the traveler's 
schedule of activities does not include free time or recreation in 
excess of that consistent with a full-time schedule.
* * * * *

0
8. In Sec.  515.560, revise paragraph (d)(3) to read as follows:


Sec.  515.560  Travel-related transactions to, from, and within Cuba by 
persons subject to U.S. jurisdiction.

* * * * *
    (d) * * *
    (3) Salaries or other compensation earned by the Cuban national up 
to any amount that can be substantiated through payment receipts as 
authorized in Sec.  515.571(a)(5).
* * * * *

0
9. In Sec.  515.565:
0
a. Revise paragraph (a)(5);
0
b. Redesignate paragraphs (a)(11) and (12) as (a)(12) and (13), 
respectively;
0
c. Add new paragraph (a)(11);
0
d. Revise newly redesignated paragraph (a)(12);
0
e. Revise paragraph (b);
0
f. Revise the Note to Sec.  515.565(a) and (b); and
0
g. Revise paragraph (c).
    The revisions and addition read as follows:


Sec.  515.565  Educational activities.

    (a) * * *
    (5) Sponsorship of a Cuban scholar to teach or engage in other 
scholarly activity at the sponsoring U.S. academic institution (in 
addition to those transactions authorized by the general license 
contained in Sec.  515.571).

    Note to paragraph (a)(5): See Sec.  515.571(a) for 
authorizations related to certain banking transactions and receipt 
of salary or other compensation by Cuban nationals present in the 
United States in a non-immigrant status or pursuant to other non-
immigrant travel authorization issued by the U.S. government.

* * * * *
    (11) Provision of educational grants, scholarships, or awards to a 
Cuban national or in which Cuba or a Cuban national otherwise has an 
interest; and
    (12) The organization of, and preparation for, activities described 
in paragraphs (a)(1) through (a)(11) of this section by employees or 
contractors of the sponsoring organization that is a person subject to 
U.S. jurisdiction;
* * * * *
    (b) General license for people-to-people travel. The travel-related 
transactions set forth in Sec.  515.560(c) and such additional 
transactions as are directly incident to educational exchanges not 
involving academic study pursuant to a degree program are authorized, 
provided that:
    (1) Travel-related transactions pursuant to this authorization must 
be for the purpose of engaging, while in Cuba, in a full-time schedule 
of activities intended to enhance contact with the Cuban people, 
support civil society in Cuba, or promote the Cuban people's 
independence from Cuban authorities;
    (2) Each traveler has a full-time schedule of educational exchange 
activities that will result in meaningful interaction between the 
traveler and individuals in Cuba;
    (3) The predominant portion of the activities engaged in by 
individual travelers is not with a prohibited official of the 
Government of Cuba, as defined in Sec.  515.337 of this part, or a 
prohibited member of the Cuban Communist Party, as defined in Sec.  
515.338 of this part;
    (4) For travel conducted under the auspices of an organization that 
is a person subject to U.S. jurisdiction that sponsors such exchanges 
to promote people-to-people contact, an employee, paid consultant, or 
agent of the sponsoring organization must accompany each group 
traveling to Cuba to ensure that each traveler has a full-time schedule 
of educational exchange activities; and

    Note to Sec.  515.565(b)(4):  An organization that sponsors and 
organizes trips to Cuba in which travelers engage in individually 
selected and/or self-directed activities would not qualify for the 
general license. Authorized trips are expected to be led by the 
organization and to have a full-time schedule of activities in which 
the travelers will participate.

    (5) In addition to all other information required by Sec.  501.601 
of this chapter, persons relying on the authorization in paragraph (b) 
of this section must retain records sufficient to demonstrate that each 
individual traveler has engaged in a full-time schedule of activities 
that satisfy the requirements of paragraphs (b)(1) through (3) of this 
section. In the case of an individual traveling under the auspices of 
an organization that is a person subject to U.S. jurisdiction and that 
sponsors such exchanges to promote people-to-people contact, the 
individual may rely on the entity sponsoring the travel to satisfy his 
or her recordkeeping requirements with respect to the requirements of 
paragraphs (b)(1) through (3) of this section. These records must be 
furnished to the Office of Foreign Assets Control on demand pursuant to 
Sec.  501.602 of this chapter.

    Example 1 to Sec.  515.565(b):  An organization wishes to 
sponsor and organize educational exchanges not involving academic 
study pursuant to a degree program for individuals to learn side-by-
side with Cuban individuals in areas such as environmental 
protection or the arts. The travelers will have a full-time schedule 
of educational exchange activities that will result in meaningful 
interaction between the travelers and individuals in Cuba. The 
organization's activities qualify for the general license, and the 
individual may rely on the entity sponsoring the travel to satisfy 
his or her recordkeeping requirement.
    Example 2 to Sec.  515.565(b): An individual plans to travel to 
Cuba to participate in discussions with Cuban artists on community 
projects, exchanges with the founders of a youth arts program, and 
to have extended dialogue with local city planners and architects to 
learn about historical restoration projects in Old Havana. The 
traveler will have a full-time schedule of such educational exchange 
activities that will result in meaningful interaction between the 
traveler and individuals in Cuba. The individual's activities 
qualify for the general license, provided that the individual 
satisfies the recordkeeping requirement.
    Example 3 to Sec.  515.565(b):  An individual plans to travel to 
Cuba to participate in discussions with Cuban farmers and produce 
sellers about cooperative farming and agricultural practices and 
have extended dialogue with religious leaders about the influence of 
African traditions and religion on society and culture. The traveler 
fails to keep any records of the travel. Although the traveler will 
have a full-time schedule of educational exchange activities that 
will result in meaningful interaction between the traveler and 
individuals in Cuba, the traveler's failure to keep records means 
that the individual's activities do not qualify for the general 
license.
    Example 4 to Sec.  515.565(b):  An individual plans to travel to 
Cuba to rent a bicycle to explore the streets of Havana, engage in 
brief exchanges with shopkeepers while making purchases, and have 
casual conversations with waiters at restaurants and hotel staff. 
None of these activities are educational exchange activities that 
will result in meaningful interaction between the traveler and 
individuals in Cuba, and the traveler's trip does not qualify for 
the general license.
    Example 5 to Sec.  515.565(b):  An individual plans to travel to 
Cuba to participate in discussions with Cuban farmers and produce 
sellers about cooperative farming and agricultural practices and 
have extended dialogue with religious leaders about the influence of 
African traditions and religion on society and culture. The 
individual also plans to spend a few days engaging in brief 
exchanges with Cuban food vendors while

[[Page 13993]]

spending time at the beach. Only some of these activities are 
educational exchange activities that will result in meaningful 
interaction between the traveler and individuals in Cuba, and the 
traveler therefore does not have a full-time schedule of such 
activities on each day of the trip. The trip does not qualify for 
the general license.

    Note to Sec.  515.565(a) and (b):  Except as provided in Sec.  
515.565(b)(5), each person relying on the general authorizations in 
these paragraphs, including entities sponsoring travel pursuant to 
the authorization in Sec.  515.565(b), 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.

    (c) Transactions related to activities that are primarily tourist-
oriented are not authorized pursuant to this section.
* * * * *

0
10. In Sec.  515.571, revise paragraph (a)(5) and add paragraph (e) to 
read as follows:


Sec.  515.571  Certain transactions incident to travel to, from, and 
within the United States by Cuban nationals.

    (a) * * *
    (5) All transactions ordinarily incident to the Cuban national's 
presence in the United States in a non-immigrant status or pursuant to 
other non-immigrant travel authorization issued by the U.S. government.
    (i) This paragraph (a)(5) authorizes the receipt of salary or other 
compensation by a national of Cuba consistent with the individual's 
non-immigrant status or non-immigrant travel authorization, provided 
that national of Cuba is not subject to any special tax assessments by 
the Cuban government in connection with the receipt of the salary or 
other compensation.
    (ii) Examples of other transactions authorized by this paragraph 
(a)(5) include: the payment of tuition to a U.S. educational 
institution by a national of Cuba issued a student (F-1) visa, and the 
rental of a stage by a group of Cubans issued performance (P-2) visas.

    Note to paragraph (a)(5):  This paragraph authorizes banking 
institutions, as defined in Sec.  515.314, to open and maintain 
accounts solely in the name of a Cuban national who is present in 
the United States in a non-immigrant status or pursuant to other 
non-immigrant travel authorization for use while the Cuban national 
is located in the United States in such status, and to close such 
accounts prior to departure. See paragraph (b) of this section for 
an authorization for banking institutions to maintain accounts 
opened pursuant to this paragraph while the Cuban national is 
located outside the United States.

* * * * *
    (e) The following transactions by or on behalf of a Cuban national 
are authorized:
    (1) All transactions related to the sponsorship or hiring of a 
Cuban national to work in the United States in a non-immigrant status 
or pursuant to other non-immigrant travel authorization issued by the 
U.S. government, except that an employer may not make payments to the 
Cuban government in connection with the sponsorship or hiring of a 
Cuban national; and
    (2) All transactions in connection with the filing of an 
application for non-immigrant travel authorization issued by the U.S. 
government.
* * * * *

0
11. In Sec.  515.573:
0
a. Revise the section heading;
0
b. Revise paragraph (a) introductory text;
0
c. Reedesignate paragraphs (b) and (c) as paragraphs (c) and (e);
0
d. Add new paragraphs (b) and (d); and
0
e. Revise newly redesignated paragraphs (c) and (e).
    The revisions and additions read as follows:


Sec.  515.573  Physical presence and business presence in Cuba 
authorized; Cuban news bureaus.

    (a) Physical presence: The persons listed in paragraphs (c) and (d) 
of this section are authorized to engage in all transactions necessary 
to establish and maintain a physical presence in Cuba to engage in 
transactions authorized pursuant to or exempt from the prohibitions of 
this part, including the following:
* * * * *
    (b) Business presence. Except for transactions prohibited by Sec.  
515.208, the persons listed in paragraph (c) of this section are 
authorized to engage in all transactions necessary to establish and 
maintain a business presence in Cuba to engage in transactions 
authorized pursuant to or exempt from the prohibitions of this part, 
including the following: establishing and maintaining subsidiaries, 
branches, offices, joint ventures, franchises, and agency or other 
business relationships with any Cuban national, and entering into all 
necessary agreements or arrangements with such entity or individual.
    (c) Persons authorized to establish physical and business presence. 
The following persons subject to U.S. jurisdiction may engage in the 
transactions authorized pursuant to paragraphs (a) and (b) of this 
section, provided that such transactions may only be engaged in to 
support transactions authorized by or exempt from the prohibitions of 
this part:
    (1) Providers of telecommunications services authorized by Sec.  
515.542(b) through (d) or persons engaged in activities authorized by 
Sec.  515.542(e);
    (2) Providers of internet-based services authorized by Sec.  
515.578(a) or persons engaged in activities authorized by Sec.  
515.578(c) or (e);
    (3) Exporters of goods authorized for export or reexport to Cuba by 
Sec.  515.533 or Sec.  515.559 or that are otherwise exempt;

    Note to paragraph (c)(3):  This section authorizes the assembly 
in Cuba of items exported or reexported pursuant to authorization by 
the Department of Commerce or OFAC or that are otherwise exempt but 
does not authorize the incorporation of Cuban-origin goods into 
items assembled pursuant to this section or the processing of raw 
materials into finished goods in Cuba.

    (4) Entities providing mail or parcel transmission services 
authorized by Sec.  515.542(a) or providing cargo transportation 
services in connection with trade involving Cuba authorized by or 
exempt from the prohibitions of this part; and
    (5) Providers of travel and carrier services authorized by Sec.  
515.572.

    Note to paragraph (c)(5): This authorization does not allow 
persons subject to U.S. jurisdiction to establish a physical or 
business presence in Cuba for the purpose of providing lodging 
services in Cuba.

    (d) Persons authorized to establish physical presence. The 
following persons subject to U.S. jurisdiction may engage in the 
transactions authorized pursuant to paragraph (a) of this section, 
provided that such transactions may only be engaged in to support 
transactions authorized by or exempt from the prohibitions of this 
part:
    (1) News bureaus whose primary purpose is the gathering and 
dissemination of news to the general public authorized by paragraph (e) 
of this section;
    (2) Entities organizing or conducting educational activities 
authorized by Sec.  515.565(a);
    (3) Religious organizations engaging in religious activities in 
Cuba authorized by Sec.  515.566;
    (4) Entities engaging in non-commercial activities authorized by 
Sec.  515.574 (Support for the Cuban People);
    (5) Entities engaging in humanitarian projects set forth in Sec.  
515.575(b) (Humanitarian projects); and

[[Page 13994]]

    (6) Private foundations or research or educational institutes 
engaging in transactions authorized by Sec.  515.576.
* * * * *

0
12. In Sec.  515.575, redesignate the Note to paragraph (a) as Note 1 
to paragraph (a) and add Note 2 to paragraph (a) to read as follows:


Sec.  515.575  Humanitarian projects.

* * * * *
    (a) * * *

    Note 2 to paragraph (a):  Transactions authorized by this 
paragraph include the provision of grants or awards for humanitarian 
projects in or related to Cuba that are designed to directly benefit 
the Cuban people as set forth in paragraph (b) of this section.

* * * * *

0
13. In Sec.  515.577, revise paragraph (e) to read as follows:


Sec.  515.577  Authorized transactions necessary and ordinarily 
incident to publishing.

* * * * *
    (e) Section 515.564(a)(2) authorizes the travel-related 
transactions set forth in Sec.  515.560(c) and such additional 
transactions that are directly incident to attendance at or 
organization of professional meetings that are necessary and ordinarily 
incident to the publishing and marketing of written publications.

0
14. In Sec.  515.578, revise the section heading, paragraph (d), and 
add a Note to Sec.  515.578 to read as follows:


Sec.  515.578  Exportation, reexportation, and importation of certain 
internet-based services; importation of software.

* * * * *
    (d) Software. The importation into the United States of Cuban-
origin software is authorized.
* * * * *

    Note to Sec.  515.578:  For general licenses authorizing 
physical and business presence in Cuba for certain persons, see 
Sec.  515.573. An authorization related to business presence was 
previously included in this section. For an authorization of certain 
telecommunications-related services, see Sec.  515.542.


0
15. In Sec.  515.584, revise paragraph (d) and paragraph (e) 
introductory text, add paragraph (g), a Note to paragraph (g), and 
paragraph (h) to read as follows:


Sec.  515.584  Certain financial transactions involving Cuba.

* * * * *
    (d) Funds transfers. Any banking institution, as defined in Sec.  
515.314, that is a person subject to U.S. jurisdiction is authorized to 
process funds transfers originating and terminating outside the United 
States, provided that neither the originator nor the beneficiary is a 
person subject to U.S. jurisdiction.
    (e) Unblocking of certain previously blocked funds transfers 
authorized. Any banking institution, as defined in Sec.  515.314, that 
is a person subject to U.S. jurisdiction is authorized to unblock and 
return to the originator or originating financial institution or their 
successor-in-interest previously blocked funds transfers that could 
have been processed pursuant to paragraph (d) of this section, Sec.  
515.562(b), or Sec.  515.579(b) if the processing of those transfers 
would have been authorized had they been sent under the current text of 
those provisions. Persons subject to U.S. jurisdiction unblocking funds 
transfers that were originally blocked on or after August 25, 1997, 
pursuant to this section must submit a report to the Department of the 
Treasury, Office of Foreign Assets Control, Attn: Sanctions Compliance 
& Evaluation Division, 1500 Pennsylvania Avenue NW., Freedman's Bank 
Building, Washington, DC 20220 within 10 business days from the date 
such funds transfers are released. Such reports shall include the 
following:
* * * * *
    (g) Any banking institution, as defined in Sec.  515.314, that is a 
person subject to U.S. jurisdiction is authorized to accept, process, 
and give value to U.S. dollar monetary instruments presented for 
processing and payment by a banking institution located in a third 
country that is not a person subject to U.S. jurisdiction or a Cuban 
national and that has received the U.S. dollar monetary instruments 
from a financial institution that is a national of Cuba for which it 
maintains a correspondent account and which received the U.S. dollar 
monetary instruments in connection with an underlying transaction that 
is authorized, exempt, or otherwise not prohibited by this part, such 
as dollars spent in Cuba by authorized travelers or a third-country 
transaction that is not prohibited by this part.

    Note to paragraph (g):  Correspondent accounts used for 
transactions authorized pursuant to Sec.  515.584(g) may be 
denominated in U.S. dollars.

    (h) Any banking institution, as defined in Sec.  515.314, that is a 
person subject to U.S. jurisdiction is authorized to open and maintain 
accounts solely in the name of a Cuban national located in Cuba for the 
purposes only of receiving payments in the United States in connection 
with transactions authorized pursuant to, or exempt from the 
prohibitions of, this part and remitting such payments to Cuba.

0
16. In Sec.  515.585, revise the section heading, add paragraph (c), 
and revise Note 3 to Sec.  515.585 to read as follows:


Sec.  515.585  Certain transactions in third countries.

* * * * *
    (c) Individuals who are persons subject to U.S. jurisdiction who 
are located in a third country are authorized to purchase or acquire 
merchandise subject to the prohibitions in Sec.  515.204, including 
Cuban-origin goods, for personal consumption while in a third country, 
and to receive or obtain services from Cuba or a Cuban national that 
are ordinarily incident to travel and maintenance within that country.

    Note to paragraph (c): This section does not authorize the 
importation of merchandise, including as accompanied baggage. Please 
see Sec.  515.544 for an authorization to import certain Cuban-
origin merchandise from a third country.

* * * * *

    Note 3 to Sec.  515.585:  Except as provided in paragraph (c) of 
this section, this section does not authorize any transactions 
prohibited by Sec.  515.204, including the purchase and sale of 
Cuban-origin goods.

* * * * *

    Dated: March 11, 2016.
John E. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2016-06018 Filed 3-15-16; 8:45 am]
 BILLING CODE 4810-AL-P



                                                                   Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations                                         13989

                                                   (d)(1) Investigative settlements. At any               issued may file a civil action seeking                other things, these amendments further
                                                time after the filing of a complaint, but                 enforcement of the order in the                       facilitate travel to Cuba for authorized
                                                before the findings and/or order are                      appropriate United States district court.             purposes, expand the range of
                                                objected to or become a final order by                                                                          authorized financial transactions, and
                                                                                                          § 1988.114 District court jurisdiction of
                                                operation of law, the case may be settled                                                                       authorize additional business and
                                                                                                          retaliation complaints.
                                                if OSHA, the complainant, and the                                                                               physical presence in Cuba. These
                                                respondent agree to a settlement.                            (a) If the Secretary has not issued a              amendments also implement certain
                                                OSHA’s approval of a settlement                           final decision with 210 days of the filing            technical and conforming changes.
                                                reached by the respondent and the                         of the complaint, and there is no
                                                                                                                                                                DATES: Effective: March 16, 2016.
                                                complainant demonstrates OSHA’s                           showing that there has been delay due
                                                                                                          to the bad faith of the complainant, the              FOR FURTHER INFORMATION CONTACT: The
                                                consent and achieves the consent of all                                                                         Department of the Treasury’s Office of
                                                three parties.                                            complainant may bring an action at law
                                                                                                          or equity for de novo review in the                   Foreign Assets Control: Assistant
                                                   (2) Adjudicatory settlements. At any                                                                         Director for Licensing, tel.: 202–622–
                                                time after the filing of objections to the                appropriate district court of the United
                                                                                                          States, which will have jurisdiction over             2480, Assistant Director for Regulatory
                                                Assistant Secretary’s findings and/or                                                                           Affairs, tel.: 202–622–4855, Assistant
                                                order, the case may be settled if the                     such an action without regard to the
                                                                                                          amount in controversy. At the request of              Director for Sanctions Compliance &
                                                participating parties agree to a                                                                                Evaluation, tel.: 202–622–2490; or the
                                                settlement and the settlement is                          either party, the action shall be tried by
                                                                                                          the court with a jury.                                Department of the Treasury’s Office of
                                                approved by the ALJ if the case is before                                                                       the Chief Counsel (Foreign Assets
                                                the ALJ, or by the ARB if the ARB has                        (b) A proceeding under paragraph (a)
                                                                                                          of this section shall be governed by the              Control), Office of the General Counsel,
                                                accepted the case for review. A copy of                                                                         tel.: 202–622–2410.
                                                the settlement will be filed with the ALJ                 same legal burdens of proof specified in
                                                or the ARB, as appropriate.                               § 1988.109.                                           SUPPLEMENTARY INFORMATION:
                                                   (e) Any settlement approved by                            (c) Within seven days after filing a
                                                                                                          complaint in federal court, a                         Electronic and Facsimile Availability
                                                OSHA, the ALJ, or the ARB will
                                                constitute the final order of the                         complainant must file with OSHA, the                    This document and additional
                                                Secretary and may be enforced in                          ALJ, or the ARB, depending on where                   information concerning OFAC are
                                                United States district court pursuant to                  the proceeding is pending, a copy of the              available from OFAC’s Web site
                                                § 1988.113.                                               file-stamped complaint. A copy of the                 (www.treasury.gov/ofac). Certain general
                                                                                                          complaint also must be served on the                  information pertaining to OFAC’s
                                                § 1988.112       Judicial review.                         OSHA official who issued the findings                 sanctions programs also is available via
                                                   (a) Within 60 days after the issuance                  and/or preliminary order, the Assistant               facsimile through a 24-hour fax-on-
                                                of a final order under §§ 1988.109 and                    Secretary, and the Associate Solicitor,               demand service, tel.: 202–622–0077.
                                                1988.110, any person adversely affected                   Division of Fair Labor Standards, U.S.
                                                                                                                                                                Background
                                                or aggrieved by the order may file a                      Department of Labor.
                                                petition for review of the order in the                                                                            The Department of the Treasury
                                                                                                          § 1988.115    Special circumstances; waiver           issued the Cuban Assets Control
                                                United States Court of Appeals for the                    of rules.
                                                circuit in which the violation allegedly                                                                        Regulations, 31 CFR part 515 (the
                                                                                                             In special circumstances not                       ‘‘Regulations’’), on July 8, 1963, under
                                                occurred or the circuit in which the
                                                                                                          contemplated by the provisions of these               the Trading With the Enemy Act (50
                                                complainant resided on the date of the
                                                                                                          rules, or for good cause shown, the ALJ               U.S.C. 4301–4341). OFAC has amended
                                                violation.
                                                                                                          or the ARB on review may, upon                        the Regulations on numerous occasions.
                                                   (b) A final order is not subject to
                                                                                                          application, after three-days’ notice to                 Most recently, on January 16, June 15,
                                                judicial review in any criminal or other
                                                                                                          all parties, waive any rule or issue such             and September 21, 2015, and January
                                                civil proceeding.
                                                   (c) If a timely petition for review is                 orders that justice or the administration             27, 2016, OFAC amended the
                                                filed, the record of a case, including the                of MAP–21 requires.                                   Regulations, in coordinated actions with
                                                record of proceedings before the ALJ,                     [FR Doc. 2016–05414 Filed 3–15–16; 8:45 am]           the Department of Commerce, to
                                                will be transmitted by the ARB or the                     BILLING CODE 4510–26–P                                implement certain policy measures
                                                ALJ, as the case may be, to the                                                                                 announced by the President on
                                                appropriate court pursuant to the                                                                               December 17, 2014 to further engage
                                                Federal Rules of Appellate Procedure                      DEPARTMENT OF THE TREASURY                            and empower the Cuban people. Today,
                                                and the local rules of such court.                                                                              OFAC and the Department of Commerce
                                                                                                          Office of Foreign Assets Control                      are taking additional coordinated
                                                § 1988.113       Judicial enforcement.                                                                          actions in support of the President’s
                                                   Whenever any person has failed to                      31 CFR Part 515                                       Cuba policy.
                                                comply with a preliminary order of                                                                                 OFAC is making additional
                                                reinstatement, or a final order, including                Cuban Assets Control Regulations                      amendments to the Regulations with
                                                one approving a settlement agreement,                     AGENCY:  Office of Foreign Assets                     respect to travel and related
                                                issued under MAP–21, the Secretary                        Control, Treasury.                                    transactions, financial transactions,
                                                may file a civil action seeking                           ACTION: Final rule.                                   business and physical presence, and
                                                enforcement of the order in the United                                                                          certain other activities, as set forth
                                                States district court for the district in                 SUMMARY:  The Department of the                       below.
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                                                which the violation was found to have                     Treasury’s Office of Foreign Assets
                                                occurred. Whenever any person has                         Control (OFAC) is amending the Cuban                  Travel and Related Transactions
                                                failed to comply with a preliminary                       Assets Control Regulations to further                   Individual people-to-people
                                                order of reinstatement, or a final order,                 implement elements of the policy                      educational travel. OFAC is amending
                                                including one approving a settlement                      announced by the President on                         section 515.565(b) to remove the
                                                agreement, issued under MAP–21, a                         December 17, 2014 to engage and                       requirement that people-to-people
                                                person on whose behalf the order was                      empower the Cuban people. Among                       educational travel be conducted under


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                                                13990            Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations

                                                the auspices of an organization that                    for personal consumption while in a                   authorizations for banking institutions
                                                sponsors such exchanges. This section                   third country, and to receive or obtain               to operate certain accounts on behalf of
                                                now authorizes individuals to travel to                 services from Cuba or a Cuban national                certain Cuban nationals. See Note to
                                                Cuba provided that, among other things,                 that are ordinarily incident to travel and            paragraph (a) of section 515.571(a)(5)
                                                the traveler engage while in Cuba in a                  maintenance within a third country.                   and section 515.585(b). To avoid
                                                full-time schedule of educational                       This provision does not authorize the                 confusion, OFAC also is making
                                                exchange activities that are intended to                importation of such merchandise into                  conforming edits to the Note to section
                                                enhance contact with the Cuban people,                  the United States, including as                       515.571(a)(5) to clarify that all three
                                                support civil society in Cuba, or                       accompanied baggage. OFAC is making                   account authorizations extend to
                                                promote the Cuban people’s                              a conforming change to section 515.410.               banking institutions.
                                                independence from Cuban authorities,
                                                                                                        Financial Transactions                                Business and Physical Presence
                                                and that will result in meaningful
                                                interaction between the traveler and                       U-turn payments through the U.S.                      OFAC is amending section 515.573 to
                                                individuals in Cuba. The predominant                    financial system. OFAC is amending                    authorize additional persons subject to
                                                portion of the activities engaged in by                 section 515.584(d) to authorize U-turn                U.S. jurisdiction to establish a business
                                                the traveler must not be with certain                   transactions in which Cuba or a Cuban                 and physical presence in Cuba.
                                                Government of Cuba or Cuban                             national has an interest to be conducted                 Business presence. In September
                                                Communist Party officials. Persons                      through the U.S. financial system. This               2015, OFAC amended sections 515.542
                                                relying upon this authorization must                    provision authorizes funds transfers                  and 515.578 to authorize persons
                                                retain records related to the authorized                from a bank outside the United States                 subject to U.S. jurisdiction to establish
                                                travel transactions, including records                  that pass through one or more U.S.                    and maintain a business presence in
                                                demonstrating a full-time schedule of                   financial institutions before being                   Cuba, including through subsidiaries,
                                                authorized activities.                                  transferred to a bank outside the United              branches, offices, joint ventures,
                                                   Payment of salaries. OFAC is                         States where neither the originator nor               franchises, and agency or other business
                                                amending section 515.571 to remove the                  the beneficiary is a person subject to                relationships with any Cuban individual
                                                limitation on the receipt of                            U.S. jurisdiction. Transactions through               or entity, to facilitate the provision of
                                                compensation in excess of amounts                       the U.S. financial system that do not                 authorized telecommunications and
                                                covering living expenses and the                        meet these criteria, including all                    internet-based services. OFAC is now
                                                acquisition of goods for personal                       transactions where the originator or                  expanding this authorization to
                                                consumption by a Cuban national                         beneficiary is a person subject to U.S.               establish a business presence to include
                                                present in the United States in a non-                  jurisdiction, remain prohibited unless                the following additional categories of
                                                immigrant status or pursuant to other                   otherwise authorized or exempt under                  persons subject to U.S. jurisdiction (all
                                                non-immigrant travel authorization                      the Regulations. OFAC is also making                  of whom were previously authorized to
                                                issued by the U.S. government. New                      conforming edits to section 515.584(e),               establish a physical presence): exporters
                                                section (a)(5)(i) explicitly authorizes the             regarding unblocking of certain                       of goods authorized for export or
                                                receipt of any salary or other                          previously blocked funds transfers.                   reexport to Cuba by section 515.533 or
                                                compensation consistent with the                           Processing of U.S. dollar monetary                 section 515.559 or that are otherwise
                                                individual’s non-immigrant status or                    instruments. OFAC is adding new                       exempt; entities providing mail or
                                                other non-immigrant travel                              section 515.584(g) to authorize U.S.                  parcel transmission services authorized
                                                authorization, provided that the                        banking institutions to process U.S.                  by section 515.542(a) or providing cargo
                                                recipient is not subject to any special                 dollar monetary instruments presented                 transportation services in connection
                                                tax assessment by the Cuban                             indirectly by Cuban financial                         with trade involving Cuba authorized by
                                                government in connection with the                       institutions. Correspondent accounts                  or exempt from the prohibitions of this
                                                receipt of the salary or other                          used for transactions authorized                      part; and providers of travel and carrier
                                                compensation. New section 515.571(e)                    pursuant to this section may be                       services authorized by section 515.572.
                                                authorizes all transactions related to the              denominated in U.S. dollars. This                     OFAC is clarifying that the business and
                                                sponsorship or hiring of a Cuban                        section does not authorize banking                    physical presence authorization for
                                                national to work in the United States                   institutions subject to U.S. jurisdiction             providers of internet-based services
                                                and provides that an employer may not                   to open correspondent accounts for                    extends to persons engaged in
                                                make additional payments to the Cuban                   banking institutions that are nationals of            transactions authorized by section
                                                government in connection with the                       Cuba.                                                 515.578(e). OFAC is removing the prior
                                                sponsorship or hiring of a Cuban                           Certain bank accounts on behalf of a               provisions authorizing business
                                                national. Section 515.571(e) also                       Cuban national. OFAC is adding new                    presence that were located in sections
                                                authorizes transactions in connection                   section 515.584(h) to authorize banking               515.542 and 515.578 and consolidating
                                                with the filing of an application for non-              institutions to open and maintain                     these authorizations in section 515.573.
                                                immigrant travel authorization. OFAC is                 accounts solely in the name of a Cuban                   Physical presence. In September 2015,
                                                also making conforming edits in section                 national located in Cuba for the                      OFAC amended section 515.573 to
                                                515.560(d)(3) and the Note to section                   purposes only of receiving payments in                authorize certain persons subject to U.S.
                                                515.565(a)(5).                                          the United States in connection with                  jurisdiction to establish a physical
                                                   Dealings in merchandise subject to                   transactions authorized pursuant to or                presence, such as an office or other
                                                section 515.204, including Cuban-origin                 exempt from the prohibitions of this                  facility, in Cuba, to facilitate authorized
                                                goods, for personal use. OFAC is adding                 part and remitting such payments to                   transactions. OFAC is now expanding
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                                                section 515.585(c) to authorize                         Cuba. This provision would allow, for                 this authorization to include the
                                                individuals who are persons subject to                  example, a Cuban national author                      following additional categories of
                                                U.S. jurisdiction and who are located in                located in Cuba to open an account with               persons subject to U.S. jurisdiction:
                                                a third country to engage in the                        a bank or online payment platform in                  entities engaging in non-commercial
                                                purchase or acquisition of merchandise                  the United States to receive payments                 activities authorized by section 515.574
                                                subject to the prohibitions in section                  for sales of her book. This provision is              (Support for the Cuban People); entities
                                                515.204, including Cuban-origin goods,                  in addition to the two existing                       engaging in humanitarian projects set


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                                                                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations                                              13991

                                                forth in section 515.575(b)                             by the Office of Management and                       § 515.505 Certain Cuban nationals
                                                (Humanitarian projects); and private                    Budget under control numbers 1505–                    unblocked.
                                                foundations or research or educational                  0164, 1505–0167, and 1505–0168. An                      (a) * * *
                                                institutes engaging in transactions                     agency may not conduct or sponsor, and                  (4) Any entity, office, or other sub-
                                                authorized by section 515.576. OFAC is                  a person is not required to respond to,               unit authorized pursuant to § 515.573;
                                                also adding a note to clarify that the                  a collection of information unless the                and
                                                activities that may be carried out by                   collection of information displays a                  *     *     *     *     *
                                                exporters of items exported or                          valid control number.                                 ■ 5. In § 515.533, revise paragraph (d)(2)
                                                reexported pursuant to authorization by                                                                       introductory text to read as follows:
                                                                                                        List of Subjects in 31 CFR Part 515
                                                the Department of Commerce or OFAC,
                                                or that are otherwise exempt, at a                        Administrative practice and                         § 515.533 Exportations from the United
                                                physical presence authorized by this                                                                          States to Cuba; reexportations of 100%
                                                                                                        procedure, Banking, Blocking of assets,
                                                section include the assembly of such                                                                          U.S.-origin items to Cuba; negotiation of
                                                                                                        Cuba, Financial transactions, Reporting               executory contracts.
                                                items.                                                  and recordkeeping requirements, Travel
                                                                                                        restrictions.                                         *      *     *    *      *
                                                Other Transactions                                                                                               (d) * * *
                                                  Grants and awards. OFAC is adding a                     For the reasons set forth in the                       (2) The travel-related transactions set
                                                new provision in section 515.565 to                     preamble, the Department of the                       forth in § 515.560(c) and such additional
                                                authorize the provision of educational                  Treasury’s Office of Foreign Assets                   transactions as are directly incident to
                                                grants, scholarships, or awards to a                    Control amends 31 CFR part 515 as set                 the facilitation of the temporary sojourn
                                                Cuban national or in which Cuba or a                    forth below:                                          of aircraft and vessels as authorized by
                                                Cuban national otherwise has an                                                                               15 CFR 740.15 (License Exception
                                                interest. This could include, for                       PART 515—CUBAN ASSETS                                 Aircraft, Vessels and Spacecraft) or
                                                example, the provision of educational                   CONTROL REGULATIONS                                   pursuant to other authorization by the
                                                scholarships for Cuban students to                                                                            Department of Commerce for travel
                                                pursue academic studies for a degree.                   ■  1. The authority citation for part 515             between the United States and Cuba
                                                OFAC is also adding a note to section                   is revised to read as follows:                        authorized pursuant to this part,
                                                515.575(b) to clarify that the existing                   Authority: 22 U.S.C. 2370(a), 6001–6010,            including travel-related transactions by
                                                authorization includes provision of                     7201–7211; 31 U.S.C. 321(b); 50 U.S.C. 4301-          personnel who are persons subject to
                                                grants or awards for humanitarian                       4341; Pub. L. 101–410, 104 Stat. 890 (28              U.S. jurisdiction and who are required
                                                projects in or related to Cuba that are                 U.S.C. 2461 note); Pub. L. 104–114, 110 Stat.         for normal operation and service aboard
                                                                                                        785 (22 U.S.C. 6021–6091); Pub. L. 105–277,           a vessel or aircraft, as well as personnel
                                                designed to directly benefit the Cuban                  112 Stat. 2681; Pub. L. 111–8, 123 Stat. 524;
                                                people as set forth in that section.                                                                          who are persons subject to U.S.
                                                                                                        Pub. L. 111–117, 123 Stat. 3034; E.O. 9193,
                                                  Telecommunications and internet-                      7 FR 5205, 3 CFR, 1938–1943 Comp., p. 1174;           jurisdiction and who are required to
                                                related services. OFAC is amending                      E.O. 9989, 13 FR 4891, 3 CFR, 1943–1948               provide services to a vessel in port or
                                                section 515.578 to allow the importation                Comp., p. 748; Proc. 3447, 27 FR 1085, 3              aircraft on the ground, are authorized,
                                                of Cuban-origin software.                               CFR, 1959–1963 Comp., p. 157; E.O. 12854,             provided that:
                                                  OFAC is also making several technical                 58 FR 36587, 3 CFR, 1993 Comp., p. 614.               *      *     *    *      *
                                                and conforming edits. In particular,                                                                          ■ 6. In § 515.542, remove and reserve
                                                OFAC is correcting a typographical error                Subpart C—Definitions
                                                                                                                                                              paragraph (f) and revise Notes 1 and 2
                                                in section 515.533(d)(2). OFAC is also                  § 515.329    [Amended]                                to § 515.542 to read as follows:
                                                conforming the language of the general
                                                authorization in section 515.559(d) to                  ■ 2. In § 515.329, remove ‘‘]’’ at the end            § 515.542 Mail and telecommunications-
                                                the corresponding authorization in                      of the sentence.                                      related transactions.
                                                section 515.533(d).                                                                                           *        *       *    *   *
                                                                                                        Subpart D—Interpretations
                                                Public Participation                                                                                             Note 1 to § 515.542: For an authorization
                                                                                                                                                              of travel-related transactions that are directly
                                                  Because the amendments of the                         ■   3. Revise § 515.410 to read as follows:           incident to the conduct of market research,
                                                Regulations involve a foreign affairs                                                                         commercial marketing, sales or contract
                                                function, Executive Order 12866 and the                 § 515.410 Dealing abroad in Cuban-origin
                                                                                                                                                              negotiation, accompanied delivery,
                                                                                                        commodities.
                                                provisions of the Administrative                                                                              installation, leasing, or servicing in Cuba of
                                                Procedure Act (5 U.S.C. 553) requiring                     Section 515.204 prohibits, unless                  items consistent with the export or reexport
                                                notice of proposed rulemaking,                          licensed, the importation of                          policy of the Department of Commerce, see
                                                opportunity for public participation,                   commodities of Cuban origin. It also                  § 515.533(d). For an authorization of travel-
                                                and delay in effective date are                         prohibits, unless licensed, persons                   related transactions that are directly incident
                                                                                                                                                              to participation in professional meetings,
                                                inapplicable. Because no notice of                      subject to the jurisdiction of the United
                                                                                                                                                              including where such meetings relate to
                                                proposed rulemaking is required for this                States from purchasing, transporting or               telecommunications services or other
                                                rule, the Regulatory Flexibility Act (5                 otherwise dealing in commodities of                   activities authorized by paragraphs (b)
                                                U.S.C. 601–612) does not apply.                         Cuban origin which are outside the                    through (e) of this section, see § 515.564(a).
                                                                                                        United States. Attention is directed to
                                                Paperwork Reduction Act                                                                                         Note 2 to § 515.542: For general licenses
                                                                                                        § 515.585, which authorizes certain
                                                  The collections of information related                dealings in commodities of Cuban origin               authorizing physical and business presence
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                                                to the Regulations are contained in 31                  outside the United States.                            in Cuba for certain persons, see § 515.573. An
                                                CFR part 501 (the ‘‘Reporting,                                                                                authorization related to business presence
                                                Procedures and Penalties Regulations’’)                 Subpart E—Licenses, Authorizations,                   was previously included in this section. For
                                                                                                                                                              an authorization of certain internet-related
                                                and section 515.572 of this part.                       and Statements of Licensing Policy
                                                                                                                                                              services, see § 515.578.
                                                Pursuant to the Paperwork Reduction
                                                Act of 1995 (44 U.S.C. 3507), those                     ■ 4. In § 515.505, revise paragraph (a)(4)            ■ 7. In § 515.559, revise paragraph (d) to
                                                collections of information are covered                  to read as follows:                                   read as follows:


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                                                13992            Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations

                                                § 515.559 Certain export and import                     paragraphs (a)(1) through (a)(11) of this             sponsoring the travel to satisfy his or
                                                transactions by U.S.-owned or -controlled               section by employees or contractors of                her recordkeeping requirements with
                                                foreign firms.                                          the sponsoring organization that is a                 respect to the requirements of
                                                *      *    *     *     *                               person subject to U.S. jurisdiction;                  paragraphs (b)(1) through (3) of this
                                                   (d) General license. Travel-related                  *      *     *     *    *                             section. These records must be
                                                transactions set forth in § 515.560(c) and                 (b) General license for people-to-                 furnished to the Office of Foreign Assets
                                                such other transactions as are directly                 people travel. The travel-related                     Control on demand pursuant to
                                                incident to market research, commercial                 transactions set forth in § 515.560(c) and            § 501.602 of this chapter.
                                                marketing, sales or contract negotiation,               such additional transactions as are                      Example 1 to § 515.565(b): An
                                                accompanied delivery, installation,                     directly incident to educational                      organization wishes to sponsor and organize
                                                leasing, or servicing in Cuba of exports                exchanges not involving academic study                educational exchanges not involving
                                                that are consistent with the licensing                  pursuant to a degree program are                      academic study pursuant to a degree program
                                                policy under paragraph (a) of this                      authorized, provided that:                            for individuals to learn side-by-side with
                                                section are authorized, provided that the                  (1) Travel-related transactions                    Cuban individuals in areas such as
                                                traveler’s schedule of activities does not              pursuant to this authorization must be                environmental protection or the arts. The
                                                include free time or recreation in excess               for the purpose of engaging, while in                 travelers will have a full-time schedule of
                                                                                                                                                              educational exchange activities that will
                                                of that consistent with a full-time                     Cuba, in a full-time schedule of                      result in meaningful interaction between the
                                                schedule.                                               activities intended to enhance contact                travelers and individuals in Cuba. The
                                                *      *    *     *     *                               with the Cuban people, support civil                  organization’s activities qualify for the
                                                ■ 8. In § 515.560, revise paragraph (d)(3)              society in Cuba, or promote the Cuban                 general license, and the individual may rely
                                                to read as follows:                                     people’s independence from Cuban                      on the entity sponsoring the travel to satisfy
                                                                                                        authorities;                                          his or her recordkeeping requirement.
                                                § 515.560 Travel-related transactions to,                  (2) Each traveler has a full-time                     Example 2 to § 515.565(b): An individual
                                                from, and within Cuba by persons subject                schedule of educational exchange                      plans to travel to Cuba to participate in
                                                to U.S. jurisdiction.                                   activities that will result in meaningful             discussions with Cuban artists on community
                                                                                                                                                              projects, exchanges with the founders of a
                                                *     *      *    *     *                               interaction between the traveler and
                                                                                                                                                              youth arts program, and to have extended
                                                  (d) * * *                                             individuals in Cuba;                                  dialogue with local city planners and
                                                  (3) Salaries or other compensation                       (3) The predominant portion of the                 architects to learn about historical restoration
                                                earned by the Cuban national up to any                  activities engaged in by individual                   projects in Old Havana. The traveler will
                                                amount that can be substantiated                        travelers is not with a prohibited official           have a full-time schedule of such educational
                                                through payment receipts as authorized                  of the Government of Cuba, as defined                 exchange activities that will result in
                                                in § 515.571(a)(5).                                     in § 515.337 of this part, or a prohibited            meaningful interaction between the traveler
                                                *     *      *    *     *                               member of the Cuban Communist Party,                  and individuals in Cuba. The individual’s
                                                                                                        as defined in § 515.338 of this part;                 activities qualify for the general license,
                                                ■ 9. In § 515.565:                                                                                            provided that the individual satisfies the
                                                ■ a. Revise paragraph (a)(5);                              (4) For travel conducted under the
                                                                                                                                                              recordkeeping requirement.
                                                ■ b. Redesignate paragraphs (a)(11) and                 auspices of an organization that is a                    Example 3 to § 515.565(b): An individual
                                                (12) as (a)(12) and (13), respectively;                 person subject to U.S. jurisdiction that              plans to travel to Cuba to participate in
                                                ■ c. Add new paragraph (a)(11);                         sponsors such exchanges to promote                    discussions with Cuban farmers and produce
                                                ■ d. Revise newly redesignated                          people-to-people contact, an employee,                sellers about cooperative farming and
                                                paragraph (a)(12);                                      paid consultant, or agent of the                      agricultural practices and have extended
                                                ■ e. Revise paragraph (b);                              sponsoring organization must                          dialogue with religious leaders about the
                                                ■ f. Revise the Note to § 515.565(a) and                accompany each group traveling to Cuba                influence of African traditions and religion
                                                (b); and                                                to ensure that each traveler has a full-              on society and culture. The traveler fails to
                                                ■ g. Revise paragraph (c).
                                                                                                                                                              keep any records of the travel. Although the
                                                                                                        time schedule of educational exchange                 traveler will have a full-time schedule of
                                                  The revisions and addition read as                    activities; and                                       educational exchange activities that will
                                                follows:                                                                                                      result in meaningful interaction between the
                                                                                                          Note to § 515.565(b)(4): An organization
                                                § 515.565   Educational activities.                     that sponsors and organizes trips to Cuba in          traveler and individuals in Cuba, the
                                                                                                        which travelers engage in individually                traveler’s failure to keep records means that
                                                   (a) * * *                                            selected and/or self-directed activities would        the individual’s activities do not qualify for
                                                   (5) Sponsorship of a Cuban scholar to                not qualify for the general license.                  the general license.
                                                teach or engage in other scholarly                      Authorized trips are expected to be led by the           Example 4 to § 515.565(b): An individual
                                                activity at the sponsoring U.S. academic                organization and to have a full-time schedule         plans to travel to Cuba to rent a bicycle to
                                                institution (in addition to those                       of activities in which the travelers will             explore the streets of Havana, engage in brief
                                                transactions authorized by the general                  participate.                                          exchanges with shopkeepers while making
                                                license contained in § 515.571).                                                                              purchases, and have casual conversations
                                                                                                           (5) In addition to all other information
                                                                                                                                                              with waiters at restaurants and hotel staff.
                                                   Note to paragraph (a)(5): See § 515.571(a)           required by § 501.601 of this chapter,                None of these activities are educational
                                                for authorizations related to certain banking           persons relying on the authorization in               exchange activities that will result in
                                                transactions and receipt of salary or other             paragraph (b) of this section must retain             meaningful interaction between the traveler
                                                compensation by Cuban nationals present in              records sufficient to demonstrate that                and individuals in Cuba, and the traveler’s
                                                the United States in a non-immigrant status             each individual traveler has engaged in               trip does not qualify for the general license.
                                                or pursuant to other non-immigrant travel               a full-time schedule of activities that                  Example 5 to § 515.565(b): An individual
                                                authorization issued by the U.S. government.                                                                  plans to travel to Cuba to participate in
                                                                                                        satisfy the requirements of paragraphs
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                                                                                                        (b)(1) through (3) of this section. In the            discussions with Cuban farmers and produce
                                                *    *     *     *     *                                                                                      sellers about cooperative farming and
                                                  (11) Provision of educational grants,                 case of an individual traveling under the
                                                                                                                                                              agricultural practices and have extended
                                                scholarships, or awards to a Cuban                      auspices of an organization that is a                 dialogue with religious leaders about the
                                                national or in which Cuba or a Cuban                    person subject to U.S. jurisdiction and               influence of African traditions and religion
                                                national otherwise has an interest; and                 that sponsors such exchanges to                       on society and culture. The individual also
                                                  (12) The organization of, and                         promote people-to-people contact, the                 plans to spend a few days engaging in brief
                                                preparation for, activities described in                individual may rely on the entity                     exchanges with Cuban food vendors while



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                                                                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations                                              13993

                                                spending time at the beach. Only some of                  (e) The following transactions by or                only be engaged in to support
                                                these activities are educational exchange               on behalf of a Cuban national are                     transactions authorized by or exempt
                                                activities that will result in meaningful               authorized:                                           from the prohibitions of this part:
                                                interaction between the traveler and                      (1) All transactions related to the
                                                individuals in Cuba, and the traveler                                                                            (1) Providers of telecommunications
                                                therefore does not have a full-time schedule
                                                                                                        sponsorship or hiring of a Cuban                      services authorized by § 515.542(b)
                                                of such activities on each day of the trip. The         national to work in the United States in              through (d) or persons engaged in
                                                trip does not qualify for the general license.          a non-immigrant status or pursuant to                 activities authorized by § 515.542(e);
                                                                                                        other non-immigrant travel                               (2) Providers of internet-based
                                                   Note to § 515.565(a) and (b): Except as
                                                provided in § 515.565(b)(5), each person
                                                                                                        authorization issued by the U.S.                      services authorized by § 515.578(a) or
                                                relying on the general authorizations in these          government, except that an employer                   persons engaged in activities authorized
                                                paragraphs, including entities sponsoring               may not make payments to the Cuban                    by § 515.578(c) or (e);
                                                travel pursuant to the authorization in                 government in connection with the
                                                § 515.565(b), must retain specific records              sponsorship or hiring of a Cuban                         (3) Exporters of goods authorized for
                                                related to the authorized travel transactions.          national; and                                         export or reexport to Cuba by § 515.533
                                                See §§ 501.601 and 501.602 of this chapter                (2) All transactions in connection                  or § 515.559 or that are otherwise
                                                for applicable recordkeeping and reporting              with the filing of an application for non-            exempt;
                                                requirements.                                           immigrant travel authorization issued                    Note to paragraph (c)(3): This section
                                                   (c) Transactions related to activities               by the U.S. government.                               authorizes the assembly in Cuba of items
                                                                                                                                                              exported or reexported pursuant to
                                                that are primarily tourist-oriented are                 *     *     *     *    *                              authorization by the Department of
                                                not authorized pursuant to this section.                ■ 11. In § 515.573:                                   Commerce or OFAC or that are otherwise
                                                *      *    *     *     *                               ■ a. Revise the section heading;                      exempt but does not authorize the
                                                ■ 10. In § 515.571, revise paragraph                    ■ b. Revise paragraph (a) introductory                incorporation of Cuban-origin goods into
                                                                                                        text;                                                 items assembled pursuant to this section or
                                                (a)(5) and add paragraph (e) to read as                                                                       the processing of raw materials into finished
                                                follows:                                                ■ c. Reedesignate paragraphs (b) and (c)
                                                                                                                                                              goods in Cuba.
                                                                                                        as paragraphs (c) and (e);
                                                § 515.571 Certain transactions incident to              ■ d. Add new paragraphs (b) and (d);                     (4) Entities providing mail or parcel
                                                travel to, from, and within the United States           and                                                   transmission services authorized by
                                                by Cuban nationals.                                     ■ e. Revise newly redesignated                        § 515.542(a) or providing cargo
                                                   (a) * * *                                            paragraphs (c) and (e).                               transportation services in connection
                                                   (5) All transactions ordinarily                        The revisions and additions read as                 with trade involving Cuba authorized by
                                                incident to the Cuban national’s                        follows:                                              or exempt from the prohibitions of this
                                                presence in the United States in a non-                                                                       part; and
                                                                                                        § 515.573 Physical presence and business
                                                immigrant status or pursuant to other                   presence in Cuba authorized; Cuban news                  (5) Providers of travel and carrier
                                                non-immigrant travel authorization                      bureaus.                                              services authorized by § 515.572.
                                                issued by the U.S. government.
                                                                                                           (a) Physical presence: The persons                   Note to paragraph (c)(5): This
                                                   (i) This paragraph (a)(5) authorizes the             listed in paragraphs (c) and (d) of this              authorization does not allow persons subject
                                                receipt of salary or other compensation                 section are authorized to engage in all               to U.S. jurisdiction to establish a physical or
                                                by a national of Cuba consistent with                   transactions necessary to establish and               business presence in Cuba for the purpose of
                                                the individual’s non-immigrant status or                maintain a physical presence in Cuba to               providing lodging services in Cuba.
                                                non-immigrant travel authorization,                     engage in transactions authorized
                                                provided that national of Cuba is not                                                                            (d) Persons authorized to establish
                                                                                                        pursuant to or exempt from the                        physical presence. The following
                                                subject to any special tax assessments                  prohibitions of this part, including the
                                                by the Cuban government in connection                                                                         persons subject to U.S. jurisdiction may
                                                                                                        following:                                            engage in the transactions authorized
                                                with the receipt of the salary or other
                                                compensation.                                           *      *    *     *    *                              pursuant to paragraph (a) of this section,
                                                                                                           (b) Business presence. Except for                  provided that such transactions may
                                                   (ii) Examples of other transactions
                                                                                                        transactions prohibited by § 515.208, the             only be engaged in to support
                                                authorized by this paragraph (a)(5)
                                                                                                        persons listed in paragraph (c) of this               transactions authorized by or exempt
                                                include: the payment of tuition to a U.S.
                                                                                                        section are authorized to engage in all               from the prohibitions of this part:
                                                educational institution by a national of
                                                                                                        transactions necessary to establish and                  (1) News bureaus whose primary
                                                Cuba issued a student (F–1) visa, and
                                                                                                        maintain a business presence in Cuba to               purpose is the gathering and
                                                the rental of a stage by a group of
                                                                                                        engage in transactions authorized                     dissemination of news to the general
                                                Cubans issued performance (P–2) visas.
                                                                                                        pursuant to or exempt from the                        public authorized by paragraph (e) of
                                                   Note to paragraph (a)(5): This paragraph             prohibitions of this part, including the              this section;
                                                authorizes banking institutions, as defined in          following: establishing and maintaining
                                                § 515.314, to open and maintain accounts                                                                         (2) Entities organizing or conducting
                                                                                                        subsidiaries, branches, offices, joint                educational activities authorized by
                                                solely in the name of a Cuban national who
                                                is present in the United States in a non-
                                                                                                        ventures, franchises, and agency or                   § 515.565(a);
                                                immigrant status or pursuant to other non-              other business relationships with any
                                                                                                        Cuban national, and entering into all                    (3) Religious organizations engaging
                                                immigrant travel authorization for use while
                                                                                                        necessary agreements or arrangements                  in religious activities in Cuba
                                                the Cuban national is located in the United
                                                States in such status, and to close such                with such entity or individual.                       authorized by § 515.566;
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                                                accounts prior to departure. See paragraph                 (c) Persons authorized to establish                   (4) Entities engaging in non-
                                                (b) of this section for an authorization for            physical and business presence. The                   commercial activities authorized by
                                                banking institutions to maintain accounts               following persons subject to U.S.                     § 515.574 (Support for the Cuban
                                                opened pursuant to this paragraph while the             jurisdiction may engage in the                        People);
                                                Cuban national is located outside the United
                                                States.
                                                                                                        transactions authorized pursuant to                      (5) Entities engaging in humanitarian
                                                                                                        paragraphs (a) and (b) of this section,               projects set forth in § 515.575(b)
                                                *      *     *       *      *                           provided that such transactions may                   (Humanitarian projects); and


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                                                13994            Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations

                                                   (6) Private foundations or research or               originating and terminating outside the               prohibitions of, this part and remitting
                                                educational institutes engaging in                      United States, provided that neither the              such payments to Cuba.
                                                transactions authorized by § 515.576.                   originator nor the beneficiary is a person            ■ 16. In § 515.585, revise the section
                                                *      *     *    *    *                                subject to U.S. jurisdiction.                         heading, add paragraph (c), and revise
                                                ■ 12. In § 515.575, redesignate the Note                   (e) Unblocking of certain previously               Note 3 to § 515.585 to read as follows:
                                                to paragraph (a) as Note 1 to paragraph                 blocked funds transfers authorized. Any
                                                                                                        banking institution, as defined in                    § 515.585 Certain transactions in third
                                                (a) and add Note 2 to paragraph (a) to                                                                        countries.
                                                read as follows:                                        § 515.314, that is a person subject to
                                                                                                        U.S. jurisdiction is authorized to                    *     *     *     *     *
                                                § 515.575   Humanitarian projects.                      unblock and return to the originator or                 (c) Individuals who are persons
                                                *       *    *       *      *                           originating financial institution or their            subject to U.S. jurisdiction who are
                                                    (a) * * *                                           successor-in-interest previously blocked              located in a third country are authorized
                                                                                                        funds transfers that could have been                  to purchase or acquire merchandise
                                                  Note 2 to paragraph (a): Transactions                                                                       subject to the prohibitions in § 515.204,
                                                authorized by this paragraph include the                processed pursuant to paragraph (d) of
                                                provision of grants or awards for                       this section, § 515.562(b), or                        including Cuban-origin goods, for
                                                humanitarian projects in or related to Cuba             § 515.579(b) if the processing of those               personal consumption while in a third
                                                that are designed to directly benefit the               transfers would have been authorized                  country, and to receive or obtain
                                                Cuban people as set forth in paragraph (b) of           had they been sent under the current                  services from Cuba or a Cuban national
                                                this section.                                           text of those provisions. Persons subject             that are ordinarily incident to travel and
                                                                                                        to U.S. jurisdiction unblocking funds                 maintenance within that country.
                                                *     *     *    *      *
                                                                                                        transfers that were originally blocked on               Note to paragraph (c): This section does
                                                ■ 13. In § 515.577, revise paragraph (e)                                                                      not authorize the importation of
                                                                                                        or after August 25, 1997, pursuant to
                                                to read as follows:                                                                                           merchandise, including as accompanied
                                                                                                        this section must submit a report to the
                                                § 515.577 Authorized transactions                       Department of the Treasury, Office of                 baggage. Please see § 515.544 for an
                                                necessary and ordinarily incident to                    Foreign Assets Control, Attn: Sanctions               authorization to import certain Cuban-origin
                                                publishing.                                                                                                   merchandise from a third country.
                                                                                                        Compliance & Evaluation Division, 1500
                                                *      *     *    *     *                               Pennsylvania Avenue NW., Freedman’s                   *        *       *    *    *
                                                   (e) Section 515.564(a)(2) authorizes                 Bank Building, Washington, DC 20220                      Note 3 to § 515.585: Except as provided in
                                                the travel-related transactions set forth               within 10 business days from the date                 paragraph (c) of this section, this section does
                                                in § 515.560(c) and such additional                     such funds transfers are released. Such               not authorize any transactions prohibited by
                                                transactions that are directly incident to              reports shall include the following:                  § 515.204, including the purchase and sale of
                                                attendance at or organization of                        *      *    *     *     *                             Cuban-origin goods.
                                                professional meetings that are necessary                   (g) Any banking institution, as                    *        *       *    *    *
                                                and ordinarily incident to the                          defined in § 515.314, that is a person
                                                publishing and marketing of written                                                                             Dated: March 11, 2016.
                                                                                                        subject to U.S. jurisdiction is authorized
                                                publications.                                           to accept, process, and give value to                 John E. Smith,
                                                ■ 14. In § 515.578, revise the section                  U.S. dollar monetary instruments                      Acting Director, Office of Foreign Assets
                                                heading, paragraph (d), and add a Note                  presented for processing and payment                  Control.
                                                to § 515.578 to read as follows:                        by a banking institution located in a                 [FR Doc. 2016–06018 Filed 3–15–16; 8:45 am]
                                                                                                        third country that is not a person subject            BILLING CODE 4810–AL–P
                                                § 515.578 Exportation, reexportation, and
                                                importation of certain internet-based
                                                                                                        to U.S. jurisdiction or a Cuban national
                                                services; importation of software.                      and that has received the U.S. dollar
                                                                                                        monetary instruments from a financial                 DEPARTMENT OF VETERANS
                                                *      *    *     *    *
                                                                                                        institution that is a national of Cuba for            AFFAIRS
                                                   (d) Software. The importation into the
                                                                                                        which it maintains a correspondent
                                                United States of Cuban-origin software                                                                        38 CFR Part 17
                                                                                                        account and which received the U.S.
                                                is authorized.
                                                                                                        dollar monetary instruments in                        RIN 2900–AP68
                                                *      *    *     *    *                                connection with an underlying
                                                   Note to § 515.578: For general licenses              transaction that is authorized, exempt,               Telephone Enrollment in the VA
                                                authorizing physical and business presence              or otherwise not prohibited by this part,             Healthcare System
                                                in Cuba for certain persons, see § 515.573. An          such as dollars spent in Cuba by
                                                authorization related to business presence              authorized travelers or a third-country               AGENCY:        Department of Veterans Affairs.
                                                was previously included in this section. For            transaction that is not prohibited by this            ACTION:       Interim final rule.
                                                an authorization of certain
                                                telecommunications-related services, see
                                                                                                        part.
                                                                                                                                                              SUMMARY:   This rulemaking amends VA’s
                                                § 515.542.                                                Note to paragraph (g): Correspondent                medical regulations to allow veterans to
                                                                                                        accounts used for transactions authorized             complete applications for health care
                                                ■ 15. In § 515.584, revise paragraph (d)                pursuant to § 515.584(g) may be denominated
                                                and paragraph (e) introductory text, add                in U.S. dollars.
                                                                                                                                                              enrollment by telephone by providing
                                                paragraph (g), a Note to paragraph (g),                                                                       application information to a VA
                                                and paragraph (h) to read as follows:                     (h) Any banking institution, as                     employee, agreeing to VA’s provisions
                                                                                                        defined in § 515.314, that is a person                regarding copayment liability and
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                                                § 515.584 Certain financial transactions                subject to U.S. jurisdiction is authorized            assignment of third-party insurance
                                                involving Cuba.                                         to open and maintain accounts solely in               benefits, and attesting to the accuracy
                                                *      *    *     *     *                               the name of a Cuban national located in               and authenticity of the information
                                                   (d) Funds transfers. Any banking                     Cuba for the purposes only of receiving               provided over the phone. This action
                                                institution, as defined in § 515.314, that              payments in the United States in                      will make it easier for veterans to apply
                                                is a person subject to U.S. jurisdiction                connection with transactions authorized               to enroll and will speed VA processing
                                                is authorized to process funds transfers                pursuant to, or exempt from the                       of applications.


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Document Created: 2016-03-15 23:43:38
Document Modified: 2016-03-15 23:43:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: March 16, 2016.
ContactThe Department of the Treasury's Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 202-622-4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the Department of the Treasury's Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410.
FR Citation81 FR 13989 
CFR AssociatedAdministrative Practice and Procedure; Banking; Blocking of Assets; Cuba; Financial Transactions; Reporting and Recordkeeping Requirements and Travel Restrictions

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