82_FR_49077 82 FR 48875 - Strengthening the Policy of the United States Toward Cuba

82 FR 48875 - Strengthening the Policy of the United States Toward Cuba

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range48875-48878
FR Document2017-22928

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48875-48878]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22928]


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DEPARTMENT OF STATE

[Public Notice: 10178]


Strengthening the Policy of the United States Toward Cuba

AGENCY: Department of State.

ACTION: Notice.

-----------------------------------------------------------------------

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

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

[[Page 48876]]

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

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

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

[[Page 48877]]

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

[[Page 48878]]

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

Donald J. Trump

[FR Doc. 2017-22928 Filed 10-19-17; 8:45 am]
BILLING CODE 4710-10-P



                                                                              Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices                                               48875

                                                SMALL BUSINESS ADMINISTRATION                           ACTION:   Amendment 2.                                examination of corporate security
                                                                                                                                                              policies and procedures and will
                                                [Disaster Declaration #15291 and #15292;                SUMMARY:   This is an amendment of the
                                                TEXAS Disaster Number TX–00488]
                                                                                                                                                              involve extensive discussion of trade
                                                                                                        Presidential declaration of a major                   secrets and proprietary commercial
                                                                                                        disaster for the State of California                  information that is privileged and
                                                Presidential Declaration Amendment of
                                                                                                        (FEMA–4344–DR), dated 10/12/2017.                     confidential, and will discuss law
                                                a Major Disaster for Public Assistance
                                                                                                          Incident: Wildfires.                                enforcement investigative techniques
                                                Only for the State of Texas
                                                                                                          Incident Period: 10/08/2017 and                     and procedures. The agenda will
                                                AGENCY: U.S. Small Business                             continuing.                                           include updated committee reports, a
                                                Administration.                                         DATES:  Issued on 10/14/2017.                         global threat overview, and other
                                                ACTION: Amendment 4.                                       Physical Loan Application Deadline                 matters relating to private sector
                                                                                                        Date: 12/11/2017.                                     security policies and protective
                                                SUMMARY:   This is an amendment of the                     Economic Injury (EIDL) Loan                        programs and the protection of U.S.
                                                Presidential declaration of a major                     Application Deadline Date: 07/12/2018.                business information overseas.
                                                disaster for Public Assistance Only for                                                                         For More Information Contact: Marsha
                                                                                                        ADDRESSES: Submit completed loan
                                                the State of Texas (FEMA–4332–DR),                                                                            Thurman, Overseas Security Advisory
                                                dated 09/04/2017.                                       applications to: U.S. Small Business
                                                                                                        Administration, Processing and                        Council, U.S. Department of State,
                                                   Incident: Hurricane Harvey.                                                                                Washington, DC 20522–2008, phone:
                                                   Incident Period: 08/23/2017 through                  Disbursement Center, 14925 Kingsport
                                                                                                        Road, Fort Worth, TX 76155.                           571–345–2214.
                                                09/15/2017.
                                                DATES: Issued on 10/11/2017.                            FOR FURTHER INFORMATION CONTACT: A.                   Thomas G. Scanlon,
                                                   Physical Loan Application Deadline                   Escobar, Office of Disaster Assistance,               Executive Director, Overseas Security
                                                Date: 11/03/2017.                                       U.S. Small Business Administration,                   Advisory Council, Department of State.
                                                   Economic Injury (EIDL) Loan                          409 3rd Street SW., Suite 6050,                       [FR Doc. 2017–22837 Filed 10–19–17; 8:45 am]
                                                Application Deadline Date: 06/04/2018.                  Washington, DC 20416, (202) 205–6734.                 BILLING CODE 4710–43–P

                                                ADDRESSES: Submit completed loan                        SUPPLEMENTARY INFORMATION: The notice
                                                applications to: U.S. Small Business                    of the President’s major disaster
                                                                                                        declaration for the State of California,              DEPARTMENT OF STATE
                                                Administration, Processing and
                                                Disbursement Center, 14925 Kingsport                    dated 10/12/2017, is hereby amended to                [Public Notice: 10178]
                                                Road, Fort Worth, TX 76155.                             include the following areas as adversely
                                                FOR FURTHER INFORMATION CONTACT: A.
                                                                                                        affected by the disaster:                             Strengthening the Policy of the United
                                                Escobar, Office of Disaster Assistance,                 Primary Counties (Physical Damage and                 States Toward Cuba
                                                U.S. Small Business Administration,                          Economic Injury Loans): Butte,                   AGENCY:   Department of State.
                                                409 3rd Street SW., Suite 6050,                              Lake, Mendocino, Yuba
                                                                                                                                                              ACTION:   Notice.
                                                Washington, DC 20416, (202) 205–6734.                   Contiguous Counties (Economic Injury
                                                SUPPLEMENTARY INFORMATION: The notice
                                                                                                             Loans Only):                                        National Security Presidential
                                                of the President’s major disaster                          California: Colusa, Glenn, Humboldt,               Memorandum NSPM–5 entitled
                                                declaration for Private Non-Profit                           Nevada, Placer, Plumas, Sierra,                  ‘‘Strengthening the Policy of the United
                                                organizations in the State of TEXAS,                         Sutter, Tehama, Trinity                          States Toward Cuba’’ was issued by the
                                                dated 09/04/2017, is hereby amended to                     All other information in the original              President on June 16, 2017. The
                                                include the following areas as adversely                declaration remains unchanged.                        memorandum outlines the
                                                affected by the disaster.                               (Catalog of Federal Domestic Assistance               Administration’s policy toward Cuba
                                                Primary Counties: Caldwell, Comal,                      Number 59008)                                         and policy implementation actions to be
                                                     Dewitt, Gonzales, Guadalupe, Jim                                                                         taken by heads of departments and
                                                                                                        Rafaela Monchek,                                      agencies. The President authorized and
                                                     Wells, Lavaca, Milam, Sabine, San                  Acting Associate Administrator for Disaster
                                                     Augustine                                                                                                directed the Secretary of State to
                                                                                                        Assistance.                                           publish this memorandum in the
                                                   All other information in the original                [FR Doc. 2017–22764 Filed 10–19–17; 8:45 am]          Federal Register. The text of the
                                                declaration remains unchanged.                          BILLING CODE 8025–01–P                                memorandum is set out below.
                                                (Catalog of Federal Domestic Assistance
                                                Number 59008)                                                                                                 Janet Freer,
                                                                                                                                                              Director, Office of Directives Management,
                                                James E. Rivera,                                        STATE DEPARTMENT                                      Bureau of Administration, Department of
                                                Associate Administrator for Disaster                    [Public Notice: 10173]                                State.
                                                Assistance.
                                                                                                                                                              National Security Presidential
                                                [FR Doc. 2017–22809 Filed 10–19–17; 8:45 am]            Overseas Security Advisory Council
                                                                                                                                                              Memorandum on Strengthening the
                                                BILLING CODE 8025–01–P                                  (OSAC) Meeting Notice; Closed
                                                                                                                                                              Policy of the United States Toward Cuba
                                                                                                        Meeting
                                                                                                                                                              MEMORANDUM FOR THE VICE
                                                SMALL BUSINESS ADMINISTRATION                             The Department of State announces a                   PRESIDENT
                                                                                                        meeting of the U.S. State Department—                  THE SECRETARY OF STATE
                                                [Disaster Declaration #15352 and #15353;                Overseas Security Advisory Council on
srobinson on DSKBC5CHB2PROD with NOTICES




                                                CALIFORNIA Disaster Number CA–00279]
                                                                                                                                                               THE SECRETARY OF THE
                                                                                                        November 14, 2017. Pursuant to Section                  TREASURY
                                                Presidential Declaration Amendment of                   10(d) of the Federal Advisory                          THE SECRETARY OF DEFENSE
                                                a Major Disaster for the State of                       Committee Act (5 U.S.C. Appendix), 5                   THE ATTORNEY GENERAL
                                                California                                              U.S.C. 552b(c)(4), and 5 U.S.C.                        THE SECRETARY OF THE INTERIOR
                                                                                                        552b(c)(7)(E), it has been determined                  THE SECRETARY OF AGRICULTURE
                                                AGENCY:U.S. Small Business                              that the meeting will be closed to the                 THE SECRETARY OF COMMERCE
                                                Administration.                                         public. The meeting will focus on an                   THE SECRETARY OF HEALTH AND


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                                                48876                         Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices

                                                    HUMAN SERVICES                                      Families of political prisoners are not               government; supporting United States
                                                   THE SECRETARY OF                                     allowed to assemble or peacefully                     agriculture and protecting plant and
                                                    TRANSPORTATION                                      protest the improper confinement of                   animal health; advancing the
                                                   THE SECRETARY OF HOMELAND                            their loved ones. Worshippers are                     understanding of the United States
                                                    SECURITY                                            harassed, and free association by civil               regarding scientific and environmental
                                                   THE DIRECTOR OF NATIONAL                             society organizations is blocked. The                 challenges; and facilitating safe civil
                                                    INTELLIGENCE                                        right to speak freely, including through              aviation.
                                                   THE DIRECTOR OF THE CENTRAL                          access to the Internet, is denied, and
                                                    INTELLIGENCE AGENCY                                 there is no free press. The United States             Sec. 3. Implementation.
                                                   THE CHAIRMAN OF THE JOINT                            condemns these abuses.                                The heads of departments and agencies
                                                    CHIEFS OF STAFF                                        The initial actions set forth in this              shall begin to implement the policy set
                                                   THE ASSISTANT TO THE                                 memorandum, including restricting                     forth in section 2 of this memorandum
                                                    PRESIDENT AND CHIEF OF STAFF                        certain financial transactions and travel,            as follows:
                                                   THE DIRECTOR OF THE OFFICE OF                        encourage the Cuban government to                        (a) Within 30 days of the date of this
                                                    MANAGEMENT AND BUDGET                               address these abuses. My                              memorandum, the Secretary of the
                                                   THE ASSISTANT TO THE                                 Administration will continue to                       Treasury and the Secretary of
                                                    PRESIDENT FOR NATIONAL                              evaluate its policies so as to improve                Commerce, as appropriate and in
                                                    SECURITY AFFAIRS                                    human rights, encourage the rule of law,              coordination with the Secretary of State
                                                   THE ASSISTANT TO THE                                 foster free markets and free enterprise,              and the Secretary of Transportation,
                                                    PRESIDENT FOR HOMELAND                              and promote democracy in Cuba.                        shall initiate a process to adjust current
                                                    SECURITY AND
                                                                                                        Sec. 2. Policy.                                       regulations regarding transactions with
                                                    COUNTERTERRORISM
                                                                                                        It shall be the policy of the executive               Cuba.
                                                   THE COUNSEL TO THE PRESIDENT
                                                   THE ASSISTANT TO THE                                 branch to:                                               (i) As part of the regulatory changes
                                                    PRESIDENT FOR ECONOMIC                                                                                    described in this subsection, the
                                                                                                           (a) End economic practices that
                                                    AFFAIRS                                                                                                   Secretary of State shall identify the
                                                                                                        disproportionately benefit the Cuban
                                                   THE UNITED STATES TRADE                                                                                    entities or subentities, as appropriate,
                                                                                                        government or its military, intelligence,
                                                    REPRESENTATIVE                                                                                            that are under the control of, or act for
                                                                                                        or security agencies or personnel at the
                                                   THE DIRECTOR OF THE OFFICE OF                                                                              or on behalf of, the Cuban military,
                                                                                                        expense of the Cuban people.
                                                    SCIENCE AND TECHNOLOGY                                 (b) Ensure adherence to the statutory              intelligence, or security services or
                                                    POLICY                                              ban on tourism to Cuba.                               personnel (such as Grupo de
                                                   THE REPRESENTATIVE OF THE                               (c) Support the economic embargo of                Administracion Empresarial S.A.
                                                    UNITED STATES TO THE UNITED                         Cuba described in section 4(7) of the                 (GAESA), its affiliates, subsidiaries, and
                                                    NATIONS                                             Cuban Liberty and Democratic                          successors), and publish a list of those
                                                   THE ADMINISTRATOR OF THE                             Solidarity (LIBERTAD) Act of 1996 (the                identified entities and subentities with
                                                    SMALL BUSINESS                                      embargo), including by opposing                       which direct financial transactions
                                                    ADMINISTRATION                                      measures that call for an end to the                  would disproportionately benefit such
                                                   THE ADMINISTRATOR OF THE                             embargo at the United Nations and other               services or personnel at the expense of
                                                    UNITED STATES AGENCY FOR                            international forums and through                      the Cuban people or private enterprise
                                                    INTERNATIONAL DEVELOPMENT                           regular reporting on whether the                      in Cuba.
                                                   THE DIRECTOR OF THE OFFICE OF                        conditions of a transition government                    (ii) Except as provided in subsection
                                                    PERSONNEL MANAGEMENT                                exist in Cuba.                                        (a)(iii) of this section, the regulatory
                                                                                                           (d) Amplify efforts to support the                 changes described in this subsection
                                                Section 1. Purpose.                                                                                           shall prohibit direct financial
                                                                                                        Cuban people through the expansion of
                                                   The United States recognizes the need                internet services, free press, free                   transactions with those entities or
                                                for more freedom and democracy,                         enterprise, free association, and lawful              subentities on the list published
                                                improved respect for human rights, and                  travel.                                               pursuant to subsection (a)(i) of this
                                                increased free enterprise in Cuba. The                     (e) Not reinstate the ‘‘Wet Foot, Dry              section.
                                                Cuban people have long suffered under                   Foot’’ policy, which encouraged untold                   (iii) The regulatory changes shall not
                                                a Communist regime that suppresses                      thousands of Cuban nationals to risk                  prohibit transactions that the Secretary
                                                their legitimate aspirations for freedom                their lives to travel unlawfully to the               of the Treasury or the Secretary of
                                                and prosperity and fails to respect their               United States.                                        Commerce, in coordination with the
                                                essential human dignity.                                   (f) Ensure that engagement between                 Secretary of State, determines are
                                                   My Administration’s policy will be                   the United States and Cuba advances                   consistent with the policy set forth in
                                                guided by the national security and                     the interests of the United States and the            section 2 of this memorandum and:
                                                foreign policy interests of the United                  Cuban people. These interests include:                   (A) concern Federal Government
                                                States, as well as solidarity with the                  advancing Cuban human rights;                         operations, including Naval Station
                                                Cuban people. I will seek to promote a                  encouraging the growth of a Cuban                     Guantanamo Bay and the United States
                                                stable, prosperous, and free country for                private sector independent of                         mission in Havana;
                                                the Cuban people. To that end, we must                  government control; enforcing final                      (B) support programs to build
                                                channel funds toward the Cuban people                   orders of removal against Cuban                       democracy in Cuba;
                                                                                                        nationals in the United States;                          (C) concern air and sea operations that
srobinson on DSKBC5CHB2PROD with NOTICES




                                                and away from a regime that has failed
                                                to meet the most basic requirements of                  protecting the national security and                  support permissible travel, cargo, or
                                                a free and just society.                                public health and safety of the United                trade;
                                                   In Cuba, dissidents and peaceful                     States, including through proper                         (D) support the acquisition of visas for
                                                protesters are arbitrarily detained and                 engagement on criminal cases and                      permissible travel;
                                                held in terrible prison conditions.                     working to ensure the return of fugitives                (E) support the expansion of direct
                                                Violence and intimidation against                       from American justice living in Cuba or               telecommunications and internet access
                                                dissidents occurs with impunity.                        being harbored by the Cuban                           for the Cuban people;


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                                                                              Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices                                           48877

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


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                                                48878                         Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices

                                                   (b) This memorandum does not affect                  served Aug. 20, 2004).1 On September                       By the Board, Scott M. Zimmerman, Acting
                                                either Executive Order 12807 of May 24,                 11, 2017, CKIN and the Town entered                      Director, Office of Proceedings.
                                                1992, Interdiction of Illegal Aliens, or                into a new 10-year agreement for CKIN                    Marline Simeon,
                                                Executive Order 13276 of November 15,                   to continue to operate over the Line.2                   Clearance Clerk.
                                                2002, Delegation of Responsibilities                    CKIN states that the amended operating                   [FR Doc. 2017–22817 Filed 10–19–17; 8:45 am]
                                                Concerning Undocumented Aliens                          agreement will take effect on the                        BILLING CODE 4915–01–P
                                                Interdicted or Intercepted in the                       effective date of this notice of
                                                Caribbean Region.                                       exemption.
                                                Sec. 5. General Provisions.                                CKIN certifies that its projected                     DEPARTMENT OF TRANSPORTATION
                                                                                                        annual revenues as a result of this
                                                   (a) Nothing in this memorandum shall                 transaction will not result in the                       Federal Highway Administration
                                                be construed to impair or otherwise                     creation of a Class I or Class II rail
                                                affect:                                                                                                          [FHWA Docket No. FHWA–2017–0007]
                                                                                                        carrier and will not exceed $5 million.
                                                   (i) the authority granted by law to an               CKIN also states that there are no                       Fixing America’s Surface
                                                executive department or agency, or the                  provisions or agreements limiting                        Transportation (FAST) Act; Solicitation
                                                head thereof; or                                        interchange with other carriers.                         for Candidate Projects in the Interstate
                                                   (ii) the functions of the Director of the               The transaction may be consummated                    System Reconstruction and
                                                Office of Management and Budget                         on or after November 4, 2017, the                        Rehabilitation Pilot Program (ISRRPP)
                                                relating to budgetary, administrative, or               effective date of the exemption (30 days
                                                legislative proposals.                                  after the verified notice of exemption                   AGENCY:  Federal Highway
                                                   (b) This memorandum shall be                         was filed).                                              Administration (FHWA), Department of
                                                implemented consistent with applicable                     If the verified notice contains false or              Transportation (DOT).
                                                laws and subject to the availability of                 misleading information, the exemption                    ACTION: Notice; solicitation for
                                                appropriations.                                         is void ab initio. Petitions to revoke the               applications.
                                                   (c) This memorandum is not intended                  exemption under 49 U.S.C. 10502(d)
                                                to, and does not, create any right or                                                                            SUMMARY:    The FHWA invites State
                                                                                                        may be filed at any time. The filing of
                                                benefit, substantive or procedural,                                                                              transportation departments to submit
                                                                                                        a petition to revoke will not
                                                enforceable at law or in equity by any                                                                           applications for candidate projects in
                                                                                                        automatically stay the effectiveness of
                                                party against the United States, its                                                                             the Interstate System Reconstruction
                                                                                                        the exemption. Petitions for stay must
                                                departments, agencies, or entities, its                                                                          and Rehabilitation Pilot Program
                                                                                                        be filed no later than October 27, 2017
                                                officers, employees, or agents, or any                                                                           (ISRRPP), authorized in the
                                                                                                        (at least seven days before the
                                                other person.                                                                                                    Transportation Equity Act for the 21st
                                                                                                        exemption becomes effective).
                                                   (d) The Secretary of State is hereby                                                                          Century and amended by the Fixing
                                                                                                           An original and 10 copies of all                      America’s Surface Transportation
                                                authorized and directed to publish this                 pleadings, referring to Docket No. FD
                                                memorandum in the Federal Register.                                                                              (FAST) Act. Under the ISRRPP, FHWA
                                                                                                        36147, must be filed with the Surface                    may permit up to three States to collect
                                                Donald J. Trump                                         Transportation Board, 395 E Street SW.,                  tolls on a facility on the Interstate
                                                [FR Doc. 2017–22928 Filed 10–19–17; 8:45 am]            Washington, DC 20423–0001. In                            System for the purpose of reconstructing
                                                BILLING CODE 4710–10–P                                  addition, a copy of each pleading must                   or rehabilitating Interstate highway
                                                                                                        be served on applicant’s representative,                 corridors that could not otherwise be
                                                                                                        John D. Heffner, Strasburger & Price,                    adequately maintained or functionally
                                                                                                        LLP, 1025 Connecticut Avenue NW.,                        improved without the collection of tolls.
                                                SURFACE TRANSPORTATION BOARD                            Suite 717, Washington, DC 20036.                         This notice describes general program
                                                                                                           According to CKIN, this action is                     provisions, eligibility and selection
                                                [Docket No. FD 36147]                                   categorically excluded from                              criteria, and the application submission
                                                                                                        environmental review under 49 CFR                        and evaluation process.
                                                Chesapeake and Indiana Railroad                         1105.6(c).
                                                                                                                                                                 DATES: Applications are due to FHWA
                                                Company—Amended Operation                                  Board decisions and notices are                       Division Offices by February 20, 2018.
                                                Exemption—Town of North Judson,                         available on our Web site at                             The FHWA will review these
                                                Ind.                                                    WWW.STB.GOV.                                             submissions and award up to three
                                                   Chesapeake and Indiana Railroad                        Decided: October 17, 2017.                             provisional approvals to States that will
                                                Company (CKIN), a Class III rail carrier,                                                                        be expected to fully satisfy the ISRRPP
                                                has filed a verified notice of exemption                   1 CKIN states that it was selected by the Town to     criteria within 3 years. Should FHWA
                                                under 49 CFR 1150.41 to continue to                     operate the Line pursuant to an Operating                award fewer than three provisional
                                                                                                        Agreement executed on July 31, 2004, and expiring
                                                operate an approximately 27.92-mile                     on December 31, 2015. Subsequently, the parties
                                                                                                                                                                 approvals, it will re-solicit for
                                                line of railroad owned by the Town of                   extended the operating agreement, first until May        applications at a future date.
                                                North Judson, Ind. (Town). The rail line                15, 2016, and later until August 15, 2016. During           The FHWA will conduct an
                                                extends between milepost CF 0.23, at                    these extensions, CKIN initiated litigation in state     information session regarding the
                                                                                                        court and brought a petition before the Board that       ISRRPP in the form of a Webinar on
                                                Lacrosse, and milepost CF 15.23, at                     was later denied. See CSX Transp., Inc.—Aban.
                                                Wellsboro, and between milepost CI                      Exemption—in LaPorte, Porter, & Starke Ctys., Ind.,      November 13, 2017 at 2:00 p.m., e.t. For
                                                218.0, at English Lake, and milepost CI                 AB 55 (Sub-No. 643X) et al. (STB served May 31,          more information, please visit: https://
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                                                230.92, at Malden, in LaPorte, Porter,                  2017). Ultimately, the parties reached a mutually        www.fhwa.dot.gov/ipd/revenue/road_
                                                                                                        satisfactory settlement. See CSX Transp., Inc.—          pricing/tolling_pricing/interstate_
                                                and Starke Counties, Ind. (the Line).                   Aban. Exemption—in LaPorte, Porter, & Starke
                                                   According to CKIN, the Board                         Ctys., Ind., AB 55 (Sub-No. 643X) et al. (STB served     rr.aspx.
                                                originally authorized CKIN’s operation                  Oct. 2, 2017).                                           FOR FURTHER INFORMATION CONTACT:   For
                                                                                                           2 CKIN states that the parties’ operating agreement
                                                of the Line in 2004. See Chesapeake &                                                                            questions about the pilot program: Ms.
                                                                                                        is automatically renewable at CKIN’s option for two
                                                Ind. R.R.—Operation Exemption—Town                      additional five-year terms, for a total occupancy of     Cynthia Essenmacher, Center for
                                                of N. Judson, Ind., FD 34529 (STB                       20 years.                                                Innovative Finance Support, Office of


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Document Created: 2017-10-20 00:06:25
Document Modified: 2017-10-20 00:06:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
FR Citation82 FR 48875 

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