82 FR 51983 - Amendments To Implement United States Policy Toward Cuba

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 216 (November 9, 2017)

Page Range		51983-51986
FR Document		2017-24448
This rule amends the licensing policy for Cuba and portions of three license exceptions available for exports and reexports to Cuba: License Exceptions Gift Parcels and Humanitarian Donations (``GFT''), Consumer Communications Devices (``CCD''), and Support for the Cuban People (``SCP''). The Bureau of Industry and Security is publishing this rule to implement portions of the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba, dated June 16, 2017.
Federal Register, Volume 82 Issue 216 (Thursday, November 9, 2017)
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 51983-51986]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24448]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740 and 746

[Docket No. 171013999-7999-01]
RIN 0694-AH47


Amendments To Implement United States Policy Toward Cuba

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: This rule amends the licensing policy for Cuba and portions of 
three license exceptions available for exports and reexports to Cuba: 
License Exceptions Gift Parcels and Humanitarian Donations (``GFT''), 
Consumer Communications Devices (``CCD''), and Support for the Cuban 
People (``SCP''). The Bureau of Industry and Security is publishing 
this rule to implement portions of the National Security Presidential 
Memorandum on Strengthening the Policy of the United States Toward 
Cuba, dated June 16, 2017.

DATES: This rule is effective November 9, 2017.

FOR FURTHER INFORMATION CONTACT: Foreign Policy Division, Bureau of 
Industry and Security, Phone: (202) 482-4252.

SUPPLEMENTARY INFORMATION:

Background

    On June 16, 2017, President Trump announced changes to U.S. policy 
toward Cuba that are intended to enhance compliance with United States 
law; hold the Cuban regime accountable for oppression and human rights 
abuses; further the national security and foreign policy interests of 
the United States and the interests of the Cuban people; and lay the 
groundwork for empowering the Cuban people to develop greater economic 
and political liberty. The President's policy is stated in the National 
Security Presidential Memorandum on Strengthening the Policy of the 
United States Toward Cuba (``Cuba NSPM''), dated June 16, 2017. The 
Cuba NSPM also directs the Secretary of Commerce, as well as the 
Secretaries of State and the Treasury, to take certain actions to 
implement the President's Cuba policy.
    The Department of Commerce's Bureau of Industry and Security 
(``BIS'') is issuing this final rule to implement portions of the Cuba 
NSPM. The Department of the Treasury's Office of Foreign Assets Control 
(``OFAC'') and the Department of State are simultaneously publishing 
related actions in the Federal Register.

[[Page 51984]]

Specific Changes Made by This Rule

Cuba Licensing Policy

    In accordance with the statutory embargo of Cuba, license 
applications for the export or reexport to Cuba of items subject to the 
Export Administration Regulations (``EAR'') currently are subject to a 
general policy of denial unless the transactions are eligible for 
another review policy stated in Sec.  746.2(b). License applications 
for certain export or reexport transactions are reviewed on a case-by-
case basis or under a general policy of approval, depending upon the 
types of items, end uses, and end users involved, as described in the 
EAR.
    On January 27, 2016, BIS created a case-by-case licensing policy in 
paragraph (b)(3)(i) of Sec.  746.2 of the EAR for applications to 
export or reexport items to meet the needs of the Cuban people, 
including exports and reexports of such items to state-owned 
enterprises, agencies, and other organizations of the Cuban government 
that provide goods and services for the use and benefit of the Cuban 
people (81 FR 4580). Note 2 to paragraph (b)(3)(i) explains that BIS 
generally will deny applications to export or reexport items for use by 
state-owned enterprises, agencies, and other organizations that 
primarily generate revenue for the state, including those engaged in 
tourism and those engaged in the extraction or production of minerals 
or other raw materials. Note 2 to paragraph (b)(3)(i) also explains 
that BIS generally will deny applications for the export or reexport of 
items destined to the Cuban military, police, intelligence, or security 
services.
    Pursuant to section 3(a) of the Cuba NSPM, this rule amends note 2 
to paragraph (b)(3)(i) of Sec.  746.2 of the EAR to clarify that BIS 
also generally will deny applications for the export or reexport of 
items for use by certain entities or subentities the State Department 
identifies on its List of Restricted Entities and Subentities 
associated with Cuba (``Cuba Restricted List''), unless such 
transactions are determined to be consistent with the Cuba NSPM. 
Section 3(a)(i) of the Cuba NSPM directs the Secretary of State to 
publish a list of entities and subentities that it has determined (1) 
are under the control of, or act for or on behalf of, the Cuban 
military, intelligence, or security services or personnel and (2) with 
which direct financial transactions would disproportionately benefit 
such services or personnel at the expense of the Cuban people or 
private enterprise in Cuba (Cuba Restricted List). Today the Department 
of State is publishing that list in the Federal Register and posting it 
on its Web site at https://www.state.gov/e/eb/tfs/spi/cuba/cubarestrictedlist/index.htm.
    Section 3(a)(ii) of the Cuba NSPM states that regulatory changes 
made pursuant to section 3(a) shall prohibit direct financial 
transactions with entities or subentities identified by the Department 
of State's Cuba Restricted List unless the transactions are determined 
by the Secretary of Commerce or the Secretary of the Treasury, in 
coordination with the Secretary of State, to be consistent with the 
policy in section 2 and the criteria specified in section 3(a)(iii)(A)-
(I) of the Cuba NSPM. Consequently, license applications submitted to 
BIS that involve one or more parties on the Department of State's Cuba 
Restricted List generally will be denied unless the transactions are 
determined by BIS, in coordination with the Department of State, to be 
consistent with the aforementioned sections of the Cuba NSPM.

Prohibited Cuban Government Officials

    License exceptions authorize certain exports and reexports pursuant 
to specified terms and conditions. Only the license exceptions 
specified in Sec.  746.2(a)(1) of the EAR are available for exports and 
reexports to Cuba. License Exceptions Gift Parcels and Humanitarian 
Donations (``GFT''), Consumer Communications Devices (``CCD''), and 
Support for the Cuban People (``SCP'') (Sec. Sec.  740.12, 740.19, and 
740.21 of the EAR, respectively) specify certain eligible and 
ineligible Cuban transaction parties. On October 17, 2016, BIS revised 
its list of ineligible Cuban government officials in Sec. Sec.  
740.12(a)(2)(v)(A), 740.19(c)(2)(i), and 740.21(d)(4)(ii) of the EAR to 
correspond to amendments OFAC made to its definition of prohibited 
officials of the Government of Cuba in Sec.  515.337 of the Cuban 
Assets Control Regulations (``CACR'') (31 CFR part 515) (81 FR 71365).
    In accordance with section 3(d) of the Cuba NSPM, today OFAC is 
amending its definition of prohibited officials of the Government of 
Cuba to include certain additional individuals. This rule amends the 
list of ineligible Cuban government officials in Sec. Sec.  
740.12(a)(2)(v)(A), 740.19(c)(2)(i), and 740.21(d)(4)(ii) of the EAR to 
conform with OFAC's amendment.

Cuban Private Sector

    On January 16, 2015, BIS created License Exception Support for the 
Cuban People (SCP) in Sec.  740.21 of the EAR to authorize the export 
and reexport of certain items to Cuba that are intended to improve the 
living conditions of the Cuban people; support independent economic 
activity and strengthen civil society in Cuba; and improve the free 
flow of information to, from, and among the Cuban people (80 FR 2286). 
On September 21, 2015, March 16, 2016, and October 17, 2016, BIS 
amended License Exception SCP to authorize additional categories of 
exports and reexports intended to further benefit the Cuban people (80 
FR 56898, 81 FR 13972, and 81 FR 71365, respectively).
    Consistent with section 2(d) of the Cuba NSPM, this rule revises 
Sec.  740.21(b) to further support free enterprise in Cuba. Prior to 
this rule, the text in Sec.  740.21(b)(1)-(3) identified certain types 
of items, such as tools and equipment, that were eligible for export or 
reexport to Cuba for (1) use by the private sector to construct or 
renovate privately-owned buildings, (2) private sector agricultural 
activities, or (3) use by private sector entrepreneurs. This rule 
simplifies and expands Sec.  740.21(b) by creating a single provision 
authorizing the export and reexport to Cuba of items, without 
specifying types, for use by the Cuban private sector for private 
sector economic activities. To be eligible for this provision, the 
items may not be used to primarily generate revenue for the state or 
used to contribute to the operation of the state, including through the 
construction or renovation of state-owned buildings. Additionally, 
eligible items are limited to those that are designated as EAR99 or 
controlled only for anti-terrorism reasons on the Commerce Control List 
(``CCL''). Of note, medicines, medical devices, and agricultural 
commodities are not eligible for any provision of License Exception SCP 
due to limitations in the Cuban Democracy Act of 1992, as amended (22 
U.S.C. 6001-6010) and the Trade Sanctions Reform and Export Enhancement 
Act of 2000, as amended (22 U.S.C. 7201-7211).

Export Administration Act

    Although the Export Administration Act of 1979 expired on August 
20, 2001, the President, through Executive Order 13222 of August 17, 
2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 
13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by 
the Notice of August 15, 2017, 82 FR 39005 (August 16, 2017), has 
continued the Export Administration Regulations in effect under the 
International Emergency Economic Powers Act. BIS continues to carry out 
the provisions of the Export Administration Act of 1979, as

[[Page 51985]]

appropriate and to the extent permitted by law, pursuant to Executive 
Order 13222, as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB). This rule is not subject to the 
requirements of E.O. 13771 (82 FR 9339, February 3, 2017) because it is 
issued with respect to a foreign affairs function of the United States.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid OMB control number. This rule involves a collection of 
information approved under OMB control number 0694-0088--Simplified 
Network Application Processing+ System (SNAP+) and the Multipurpose 
Export License Application, which carries an annual estimated burden of 
31,833 hours. BIS believes that this rule will have no significant 
impact on that burden. To the extent that it has any impact, BIS 
believes that this rule will reduce the paperwork burden to the public 
because it will make some transactions that currently require a license 
from BIS eligible for a license exception. In those instances, 
exporters and reexporters will be relieved of the burden of applying 
for a license. Although this rule makes certain additional Cuban 
government officials ineligible for specified license exceptions, BIS 
believes that this change will result in the submission of very few, if 
any, additional license applications.
    Send comments regarding this burden estimate or any other aspect of 
this collection of information, including suggestions for reducing the 
burden, to Jasmeet K. Seehra, Office of Management and Budget, by email 
at [email protected] or by fax to (202) 395-7285.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking and the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military or foreign affairs function 
of the United States (see 5 U.S.C. 553(a)(1)). This rule implements 
portions of the President Trump's policy toward Cuba, as directed by 
the National Security Presidential Memorandum on Strengthening the 
Policy of the United States Toward Cuba, dated June 16, 2017. Delay in 
implementing this rule to obtain public comment would undermine the 
foreign policy objectives that the rule is intended to implement. 
Further, no other law requires that a notice of proposed rulemaking and 
an opportunity for public comment be given for this rule. Because a 
notice of proposed rulemaking and an opportunity for public comment are 
not required to be given for this rule under 5 U.S.C. 553, or by any 
other law, the requirements of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) are not applicable.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 746

    Exports, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 15 CFR Chapter VII, 
Subchapter C is amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for part 740 continues to read as follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 
U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of 
August 15, 2017, 82 FR 39005 (August 16, 2017).

0
2. Section 740.12 is amended by revising paragraph (a)(2)(v)(A) to read 
as follows:


Sec.  740.12   Gift parcels and humanitarian donations (GFT).

    (a) * * *
    (2) * * *
    (v) * * * (A) No gift parcel may be sent to any of the following 
officials of the Cuban government: Ministers and Vice-Ministers; 
members of the Council of State; members of 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; or members and employees of the Supreme Court (Tribuno Supremo 
Nacional).
* * * * *

0
3. Section 740.19 is amended by revising paragraph (c)(2)(i) to read as 
follows:


Sec.  740.19  Consumer Communications Devices (CCD).

* * * * *
    (c) * * *
    (2) * * *
    (i) Ineligible Cuban Government Officials. Ministers and Vice-
Ministers; members of the Council of State; members of 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; or members and employees of the Supreme Court (Tribuno Supremo 
Nacional).
* * * * *

0
4. Section 740.21 is amended by:
0
a. Revising paragraph (b)(1);
0
b. Removing paragraphs (b)(2) and (3);
0
c. Redesignating paragraph (b)(4) as new paragraph (b)(2); and
0
d. Revising paragraph (d)(4)(ii) to read as follows:


Sec.  740.21  Support for the Cuban People (SCP).

* * * * *

[[Page 51986]]

    (b) * * *
    (1) Items for use by the Cuban private sector for private sector 
economic activities, except for items that would be used to:
    (i) Primarily generate revenue for the state; or
    (ii) Contribute to the operation of the state, including through 
the construction or renovation of state-owned buildings.
    (2) Items sold directly to individuals in Cuba for their personal 
use or their immediate family's personal use, other than officials 
identified in paragraphs (d)(4)(ii) or (iii) of this section.
* * * * *
    (d) * * *
    (4) * * *
    (ii) Ministers and Vice-Ministers; members of the Council of State; 
members of 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; or members and employees of the 
Supreme Court (Tribuno Supremo Nacional); and
* * * * *

PART 746--[AMENDED]

0
5. The authority citation for part 746 continues to read as follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 
U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential 
Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; 
Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p. 
325; Notice of May 9, 2017, 82 FR 21909 (May 10, 2017); Notice of 
August 15, 2017, 82 FR 39005 (August 16, 2017).


0
6. Section 746.2 is amended by revising Note 2 to Paragraph (b)(3)(i) 
to read as follows:


Sec.  746.2   Cuba.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * *

    Note 2 to paragraph (b)(3)(i): The policy of case-by-case review 
in this paragraph is intended to facilitate exports and reexports to 
meet the needs of the Cuban people. Accordingly, BIS generally will 
deny applications to export or reexport items for use by state-owned 
enterprises, agencies, and other organizations that primarily 
generate revenue for the state, including those engaged in tourism 
and those engaged in the extraction or production of minerals or 
other raw materials. Applications for export or reexport of items 
destined to the Cuban military, police, intelligence or security 
services also generally will be denied. Additionally, pursuant to 
section 3(a) of the National Security Presidential Memorandum on 
Strengthening the Policy of the United States Toward Cuba (NSPM), 
dated June 16, 2017, BIS generally will deny applications to export 
or reexport items for use by entities or subentities identified by 
the Department of State in the Federal Register or at https://www.state.gov/e/eb/tfs/spi/cuba/cubarestrictedlist/index.htm, unless 
such transactions are determined to be consistent with sections 2 
and 3(a)(iii) of the NSPM.

* * * * *

     Dated: November 6, 2017.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2017-24448 Filed 11-8-17; 8:45 am]
 BILLING CODE 3510-33-P
Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 51983

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued
[Amendment 536 effective date December 7, 2017]

From To MEA

NE BND ..................................................................................... 11000
SW BND ..................................................................................... 13000

§ 95.6234 VOR Federal Airway V234 Is Amended To Read in Part

BYWAY, KS FIX ......................................................................... GABIE, KS FIX .......................................................................... * 4500
* 3800—MOCA

§ 95.6244 VOR Federal Airway V244 Is Amended To Read in Part

HAYS, KS VORTAC ................................................................... * GLIDE, KS FIX ......................................................................... 3900
* 4500—MRA
* GLIDE, KS FIX .......................................................................... SALINA, KS VORTAC ............................................................... ** 3900
* 4500—MRA
** 3200—MOCA

§ 95.6280 VOR Federal Airway V280 Is Amended To Read in Part

MITBEE, OK VORTAC ............................................................... * CARKO, KS FIX ....................................................................... 4000
* 5000—MCA CARKO, KS FIX, NE BND

§ 95.6502 VOR Federal Airway V502 Is Amended To Read in Part

DODGE CITY, KS VORTAC ...................................................... * DISKS, KS FIX ......................................................................... ** 4500
* 5000—MCA DISKS, KS FIX, E BND
** 4000—MOCA

§ 95.6508 VOR Federal Airway V508 Is Amended To Read in Part

HAYS, KS VORTAC ................................................................... * GLIDE, KS FIX ......................................................................... 3900
* 4500—MRA
*GLIDE, KS FIX .......................................................................... SALINA, KS VORTAC ............................................................... ** 3900
* 4500—MRA
** 3200—MOCA

§ 95.6577 VOR Federal Airway V577 Is Amended To Read in Part

CEDAR LAKE, NJ VOR/DME ..................................................... BRIGS, NJ FIX
E BND ........................................................................................ 6000
W BND ....................................................................................... 1700

[FR Doc. 2017–24414 Filed 11–8–17; 8:45 am] Consumer Communications Devices policy interests of the United States and
BILLING CODE 4910–13–P (‘‘CCD’’), and Support for the Cuban the interests of the Cuban people; and
People (‘‘SCP’’). The Bureau of Industry lay the groundwork for empowering the
and Security is publishing this rule to Cuban people to develop greater
DEPARTMENT OF COMMERCE implement portions of the National economic and political liberty. The
Security Presidential Memorandum on President’s policy is stated in the
Bureau of Industry and Security Strengthening the Policy of the United National Security Presidential
States Toward Cuba, dated June 16, Memorandum on Strengthening the
15 CFR Parts 740 and 746 2017. Policy of the United States Toward Cuba
[Docket No. 171013999–7999–01] DATES: This rule is effective November (‘‘Cuba NSPM’’), dated June 16, 2017.
9, 2017. The Cuba NSPM also directs the
RIN 0694–AH47 FOR FURTHER INFORMATION CONTACT: Secretary of Commerce, as well as the
Foreign Policy Division, Bureau of Secretaries of State and the Treasury, to
Amendments To Implement United
Industry and Security, Phone: (202) take certain actions to implement the
States Policy Toward Cuba
482–4252. President’s Cuba policy.
AGENCY: Bureau of Industry and SUPPLEMENTARY INFORMATION: The Department of Commerce’s
Security, Commerce. Bureau of Industry and Security (‘‘BIS’’)
Background
ACTION: Final rule. is issuing this final rule to implement
nshattuck on DSK9F9SC42PROD with RULES

On June 16, 2017, President Trump portions of the Cuba NSPM. The
SUMMARY: This rule amends the announced changes to U.S. policy
Department of the Treasury’s Office of
licensing policy for Cuba and portions toward Cuba that are intended to
Foreign Assets Control (‘‘OFAC’’) and
of three license exceptions available for enhance compliance with United States
exports and reexports to Cuba: License law; hold the Cuban regime accountable the Department of State are
Exceptions Gift Parcels and for oppression and human rights abuses; simultaneously publishing related
Humanitarian Donations (‘‘GFT’’), further the national security and foreign actions in the Federal Register.

VerDate Sep<11>2014 13:39 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1
51984 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations

Specific Changes Made by This Rule that list in the Federal Register and reexport of certain items to Cuba that
posting it on its Web site at https:// are intended to improve the living
Cuba Licensing Policy
www.state.gov/e/eb/tfs/spi/cuba/ conditions of the Cuban people; support
In accordance with the statutory cubarestrictedlist/index.htm. independent economic activity and
embargo of Cuba, license applications Section 3(a)(ii) of the Cuba NSPM strengthen civil society in Cuba; and
for the export or reexport to Cuba of states that regulatory changes made improve the free flow of information to,
items subject to the Export pursuant to section 3(a) shall prohibit from, and among the Cuban people (80
Administration Regulations (‘‘EAR’’) direct financial transactions with FR 2286). On September 21, 2015,
currently are subject to a general policy entities or subentities identified by the March 16, 2016, and October 17, 2016,
of denial unless the transactions are Department of State’s Cuba Restricted BIS amended License Exception SCP to
eligible for another review policy stated List unless the transactions are authorize additional categories of
in § 746.2(b). License applications for determined by the Secretary of exports and reexports intended to
certain export or reexport transactions Commerce or the Secretary of the further benefit the Cuban people (80 FR
are reviewed on a case-by-case basis or Treasury, in coordination with the 56898, 81 FR 13972, and 81 FR 71365,
under a general policy of approval, Secretary of State, to be consistent with respectively).
depending upon the types of items, end the policy in section 2 and the criteria Consistent with section 2(d) of the
uses, and end users involved, as specified in section 3(a)(iii)(A)–(I) of the Cuba NSPM, this rule revises § 740.21(b)
described in the EAR. Cuba NSPM. Consequently, license to further support free enterprise in
On January 27, 2016, BIS created a applications submitted to BIS that Cuba. Prior to this rule, the text in
case-by-case licensing policy in involve one or more parties on the § 740.21(b)(1)–(3) identified certain
paragraph (b)(3)(i) of § 746.2 of the EAR Department of State’s Cuba Restricted types of items, such as tools and
for applications to export or reexport List generally will be denied unless the equipment, that were eligible for export
items to meet the needs of the Cuban transactions are determined by BIS, in or reexport to Cuba for (1) use by the
people, including exports and reexports coordination with the Department of private sector to construct or renovate
of such items to state-owned State, to be consistent with the privately-owned buildings, (2) private
enterprises, agencies, and other aforementioned sections of the Cuba sector agricultural activities, or (3) use
organizations of the Cuban government NSPM. by private sector entrepreneurs. This
that provide goods and services for the rule simplifies and expands § 740.21(b)
use and benefit of the Cuban people (81 Prohibited Cuban Government Officials
by creating a single provision
FR 4580). Note 2 to paragraph (b)(3)(i) License exceptions authorize certain authorizing the export and reexport to
explains that BIS generally will deny exports and reexports pursuant to Cuba of items, without specifying types,
applications to export or reexport items specified terms and conditions. Only for use by the Cuban private sector for
for use by state-owned enterprises, the license exceptions specified in private sector economic activities. To be
agencies, and other organizations that § 746.2(a)(1) of the EAR are available for eligible for this provision, the items may
primarily generate revenue for the state, exports and reexports to Cuba. License not be used to primarily generate
including those engaged in tourism and Exceptions Gift Parcels and revenue for the state or used to
those engaged in the extraction or Humanitarian Donations (‘‘GFT’’), contribute to the operation of the state,
production of minerals or other raw Consumer Communications Devices including through the construction or
materials. Note 2 to paragraph (b)(3)(i) (‘‘CCD’’), and Support for the Cuban renovation of state-owned buildings.
also explains that BIS generally will People (‘‘SCP’’) (§§ 740.12, 740.19, and Additionally, eligible items are limited
deny applications for the export or 740.21 of the EAR, respectively) specify to those that are designated as EAR99 or
reexport of items destined to the Cuban certain eligible and ineligible Cuban controlled only for anti-terrorism
military, police, intelligence, or security transaction parties. On October 17, reasons on the Commerce Control List
services. 2016, BIS revised its list of ineligible (‘‘CCL’’). Of note, medicines, medical
Pursuant to section 3(a) of the Cuba Cuban government officials in devices, and agricultural commodities
NSPM, this rule amends note 2 to §§ 740.12(a)(2)(v)(A), 740.19(c)(2)(i), and are not eligible for any provision of
paragraph (b)(3)(i) of § 746.2 of the EAR 740.21(d)(4)(ii) of the EAR to License Exception SCP due to
to clarify that BIS also generally will correspond to amendments OFAC made limitations in the Cuban Democracy Act
deny applications for the export or to its definition of prohibited officials of of 1992, as amended (22 U.S.C. 6001–
reexport of items for use by certain the Government of Cuba in § 515.337 of 6010) and the Trade Sanctions Reform
entities or subentities the State the Cuban Assets Control Regulations and Export Enhancement Act of 2000, as
Department identifies on its List of (‘‘CACR’’) (31 CFR part 515) (81 FR amended (22 U.S.C. 7201–7211).
Restricted Entities and Subentities 71365).
associated with Cuba (‘‘Cuba Restricted Export Administration Act
In accordance with section 3(d) of the
List’’), unless such transactions are Cuba NSPM, today OFAC is amending Although the Export Administration
determined to be consistent with the its definition of prohibited officials of Act of 1979 expired on August 20, 2001,
Cuba NSPM. Section 3(a)(i) of the Cuba the Government of Cuba to include the President, through Executive Order
NSPM directs the Secretary of State to certain additional individuals. This rule 13222 of August 17, 2001, 3 CFR, 2001
publish a list of entities and subentities amends the list of ineligible Cuban Comp., p. 783 (2002), as amended by
that it has determined (1) are under the government officials in Executive Order 13637 of March 8,
control of, or act for or on behalf of, the §§ 740.12(a)(2)(v)(A), 740.19(c)(2)(i), and 2013, 78 FR 16129 (March 13, 2013) and
Cuban military, intelligence, or security 740.21(d)(4)(ii) of the EAR to conform as extended by the Notice of August 15,
nshattuck on DSK9F9SC42PROD with RULES

services or personnel and (2) with with OFAC’s amendment. 2017, 82 FR 39005 (August 16, 2017),
which direct financial transactions has continued the Export
would disproportionately benefit such Cuban Private Sector Administration Regulations in effect
services or personnel at the expense of On January 16, 2015, BIS created under the International Emergency
the Cuban people or private enterprise License Exception Support for the Economic Powers Act. BIS continues to
in Cuba (Cuba Restricted List). Today Cuban People (SCP) in § 740.21 of the carry out the provisions of the Export
the Department of State is publishing EAR to authorize the export and Administration Act of 1979, as

VerDate Sep<11>2014 13:39 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1
Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 51985

appropriate and to the extent permitted Jasmeet K. Seehra, Office of (2) * * *
by law, pursuant to Executive Order Management and Budget, by email at (v) * * * (A) No gift parcel may be
13222, as amended by Executive Order jseehra@omb.eop.gov or by fax to (202) sent to any of the following officials of
13637. 395–7285. the Cuban government: Ministers and
3. This rule does not contain policies Vice-Ministers; members of the Council
Rulemaking Requirements of State; members of the Council of
with Federalism implications as that
1. Executive Orders 13563 and 12866 term is defined under Executive Order Ministers; members and employees of
direct agencies to assess all costs and 13132. the National Assembly of People’s
benefits of available regulatory 4. The provisions of the Power; members of any provincial
alternatives and, if regulation is Administrative Procedure Act (5 U.S.C. assembly; local sector chiefs of the
necessary, to select regulatory 553) requiring notice of proposed Committees for the Defense of the
approaches that maximize net benefits rulemaking and the opportunity for Revolution; Director Generals and sub-
(including potential economic, public participation, and a delay in Director Generals and higher of all
environmental, public health and safety effective date, are inapplicable because Cuban ministries and state agencies;
effects, distributive impacts, and this regulation involves a military or employees of the Ministry of the Interior
equity). Executive Order 13563 foreign affairs function of the United (MININT); employees of the Ministry of
emphasizes the importance of States (see 5 U.S.C. 553(a)(1)). This rule Defense (MINFAR); secretaries and first
quantifying both costs and benefits, of implements portions of the President secretaries of the Confederation of Labor
reducing costs, of harmonizing rules, Trump’s policy toward Cuba, as of Cuba (CTC) and its component
and of promoting flexibility. This rule directed by the National Security unions; chief editors, editors and deputy
has been designated a ‘‘significant Presidential Memorandum on editors of Cuban state-run media
regulatory action,’’ although not Strengthening the Policy of the United organizations and programs, including
economically significant, under section States Toward Cuba, dated June 16, newspapers, television, and radio; or
3(f) of Executive Order 12866. 2017. Delay in implementing this rule to members and employees of the Supreme
Accordingly, the rule has been reviewed obtain public comment would Court (Tribuno Supremo Nacional).
by the Office of Management and undermine the foreign policy objectives * * * * *
Budget (OMB). This rule is not subject that the rule is intended to implement. ■ 3. Section 740.19 is amended by
to the requirements of E.O. 13771 (82 FR Further, no other law requires that a
9339, February 3, 2017) because it is revising paragraph (c)(2)(i) to read as
notice of proposed rulemaking and an follows:
issued with respect to a foreign affairs opportunity for public comment be
function of the United States. given for this rule. Because a notice of § 740.19 Consumer Communications
2. Notwithstanding any other proposed rulemaking and an Devices (CCD).
provision of law, no person is required opportunity for public comment are not * * * * *
to respond to, nor shall any person be required to be given for this rule under (c) * * *
subject to a penalty for failure to comply 5 U.S.C. 553, or by any other law, the (2) * * *
with, a collection of information subject requirements of the Regulatory (i) Ineligible Cuban Government
to the requirements of the Paperwork Flexibility Act (5 U.S.C. 601 et seq.) are Officials. Ministers and Vice-Ministers;
Reduction Act of 1995 (44 U.S.C. 3501 not applicable. members of the Council of State;
et seq.) (PRA), unless that collection of members of the Council of Ministers;
information displays a currently valid List of Subjects members and employees of the National
OMB control number. This rule involves Assembly of People’s Power; members
15 CFR Part 740
a collection of information approved of any provincial assembly; local sector
under OMB control number 0694– Administrative practice and chiefs of the Committees for the Defense
0088—Simplified Network Application procedure, Exports, Reporting and of the Revolution; Director Generals and
Processing+ System (SNAP+) and the recordkeeping requirements. sub-Director Generals and higher of all
Multipurpose Export License 15 CFR Part 746 Cuban ministries and state agencies;
Application, which carries an annual employees of the Ministry of the Interior
estimated burden of 31,833 hours. BIS Exports, Reporting and recordkeeping
requirements. (MININT); employees of the Ministry of
believes that this rule will have no Defense (MINFAR); secretaries and first
significant impact on that burden. To For the reasons set forth in the
secretaries of the Confederation of Labor
the extent that it has any impact, BIS preamble, 15 CFR Chapter VII,
of Cuba (CTC) and its component
believes that this rule will reduce the Subchapter C is amended as follows:
unions; chief editors, editors and deputy
paperwork burden to the public because editors of Cuban state-run media
it will make some transactions that PART 740—[AMENDED]
organizations and programs, including
currently require a license from BIS ■ 1. The authority citation for part 740 newspapers, television, and radio; or
eligible for a license exception. In those continues to read as follows: members and employees of the Supreme
instances, exporters and reexporters will Court (Tribuno Supremo Nacional).
be relieved of the burden of applying for Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; * * * * *
a license. Although this rule makes
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., ■ 4. Section 740.21 is amended by:
certain additional Cuban government p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 ■ a. Revising paragraph (b)(1);
officials ineligible for specified license Comp., p. 783; Notice of August 15, 2017, 82 ■ b. Removing paragraphs (b)(2) and (3);
exceptions, BIS believes that this change FR 39005 (August 16, 2017). ■ c. Redesignating paragraph (b)(4) as
nshattuck on DSK9F9SC42PROD with RULES

will result in the submission of very ■ 2. Section 740.12 is amended by new paragraph (b)(2); and
few, if any, additional license revising paragraph (a)(2)(v)(A) to read as ■ d. Revising paragraph (d)(4)(ii) to read
applications. follows: as follows:
Send comments regarding this burden
estimate or any other aspect of this § 740.12 Gift parcels and humanitarian § 740.21 Support for the Cuban People
collection of information, including donations (GFT). (SCP).
suggestions for reducing the burden, to (a) * * * * * * * *

VerDate Sep<11>2014 13:39 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1
51986 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations

(b) * * * (i) * * * Constitution Avenue NW., Washington,
(1) Items for use by the Cuban private Note 2 to paragraph (b)(3)(i): The policy of DC 20210, to receive petitions for
sector for private sector economic case-by-case review in this paragraph is review of the final rule.
activities, except for items that would be intended to facilitate exports and reexports to FOR FURTHER INFORMATION CONTACT:
used to: meet the needs of the Cuban people. General information and press
(i) Primarily generate revenue for the Accordingly, BIS generally will deny inquiries: Mr. Frank Meilinger, OSHA
state; or applications to export or reexport items for Office of Communications: telephone:
(ii) Contribute to the operation of the use by state-owned enterprises, agencies, and (202) 693–1999; email:
state, including through the other organizations that primarily generate Meilinger.Francis2@dol.gov.
construction or renovation of state- revenue for the state, including those Technical inquiries: Mr. Vernon
owned buildings. engaged in tourism and those engaged in the
extraction or production of minerals or other
Preston, Directorate of Construction:
(2) Items sold directly to individuals telephone: (202) 693–2020; fax: (202)
raw materials. Applications for export or
in Cuba for their personal use or their reexport of items destined to the Cuban 693–1689; email: Preston.Vernon@
immediate family’s personal use, other military, police, intelligence or security dol.gov.
than officials identified in paragraphs services also generally will be denied. Copies of this Federal Register
(d)(4)(ii) or (iii) of this section. Additionally, pursuant to section 3(a) of the document and news releases: Electronic
* * * * * National Security Presidential Memorandum copies of these documents are available
(d) * * * on Strengthening the Policy of the United at OSHA’s Web page at http://
(4) * * * States Toward Cuba (NSPM), dated June 16, www.osha.gov.
(ii) Ministers and Vice-Ministers; 2017, BIS generally will deny applications to
export or reexport items for use by entities SUPPLEMENTARY INFORMATION:
members of the Council of State;
or subentities identified by the Department of I. Background
members of the Council of Ministers; State in the Federal Register or at https://
members and employees of the National www.state.gov/e/eb/tfs/spi/cuba/ A. Introduction
Assembly of People’s Power; members cubarestrictedlist/index.htm, unless such
of any provincial assembly; local sector OSHA is publishing this final rule to
transactions are determined to be consistent
chiefs of the Committees for the Defense with sections 2 and 3(a)(iii) of the NSPM. further extend by one year the employer
of the Revolution; Director Generals and duty to ensure the competency of crane
sub-Director Generals and higher of all * * * * * operators involved in construction
Cuban ministries and state agencies; Dated: November 6, 2017. work. Previously this duty was
employees of the Ministry of the Interior Richard E. Ashooh,
scheduled to terminate on November 10,
(MININT); employees of the Ministry of 2017, but now continues until
Assistant Secretary for Export
Defense (MINFAR); secretaries and first Administration.
November 10, 2018. OSHA also is
secretaries of the Confederation of Labor further delaying the deadline for crane
[FR Doc. 2017–24448 Filed 11–8–17; 8:45 am]
of Cuba (CTC) and its component operator certification for one year from
BILLING CODE 3510–33–P
unions; chief editors, editors and deputy November 10, 2017, to November 10,
editors of Cuban state-run media 2018. As explained in more detail in the
organizations and programs, including following Regulatory Background
DEPARTMENT OF LABOR section, the extension and delay are
newspapers, television, and radio; or
members and employees of the Supreme necessary to provide sufficient time for
Occupational Safety and Health
Court (Tribuno Supremo Nacional); and OSHA to complete a related rulemaking
Administration
to address issues with its existing
* * * * * Cranes and Derricks in Construction
29 CFR Part 1926
PART 746—[AMENDED] standard (29 CFR part 1926, subpart CC,
[Docket ID–OSHA–2007–0066] referred to as ‘‘the crane standard’’
■ 5. The authority citation for part 746 RIN 1218–AC96 hereafter) (75 FR 47905).
continues to read as follows: In establishing the effective date of
Cranes and Derricks in Construction: this action, the Agency finds good cause
Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Operator Certification Extension pursuant to 5 U.S.C. 553(d)(3) of the
Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; Administrative Procedure Act that this
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. AGENCY: Occupational Safety and Health rule be made effective on November 9,
12854, 58 FR 36587, 3 CFR, 1993 Comp., p. Administration (OSHA), Labor. 2017, rather than delaying the effective
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 ACTION: Final rule. date for 30 days after publication. The
Comp., p. 899; E.O. 13222, 66 FR 44025, 3 basis for this finding is that it is
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR SUMMARY: OSHA is delaying its deadline unnecessary to delay this effective date
26751, 3 CFR, 2004 Comp., p 168; for employers to ensure that crane to provide an additional period of time
Presidential Determination 2003–23, 68 FR operators are certified by one year until for employers to comply with a new
26459, 3 CFR, 2004 Comp., p. 320; November 10, 2018. OSHA is also
Presidential Determination 2007–7, 72 FR
requirement because OSHA is extending
extending its employer duty to ensure the status quo. This final rule
1899, 3 CFR, 2006 Comp., p. 325; Notice of that crane operators are competent to
May 9, 2017, 82 FR 21909 (May 10, 2017); establishes no new burdens on the
Notice of August 15, 2017, 82 FR 39005
operate a crane safely for the same one- regulated community; rather, it further
(August 16, 2017). year period. delays implementation of the crane
DATES: This final rule is effective on operator certification requirements in
■ 6. Section 746.2 is amended by
nshattuck on DSK9F9SC42PROD with RULES

November 9, 2017. the crane standard and further extends
revising Note 2 to Paragraph (b)(3)(i) to
read as follows: ADDRESSES: In accordance with 28 the employer duty in the crane standard
U.S.C. 2112(a)(2), the Agency designates to ensure the competency of crane
§ 746.2 Cuba. Ann Rosenthal, Associate Solicitor of operators, a duty that employers have
* * * * * Labor for Occupational Safety and been required to comply with since
(b) * * * Health, Office of the Solicitor, Room S– publication of the crane standard in
(3) * * * 4004, U.S. Department of Labor, 200 2010.

VerDate Sep<11>2014 13:39 Nov 08, 2017 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\09NOR1.SGM 09NOR1
Document Created: 2018-10-25 10:30:39
Document Modified: 2018-10-25 10:30:39
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective November 9, 2017.
Contact		Foreign Policy Division, Bureau of Industry and Security, Phone: (202) 482-4252.
FR Citation		82 FR 51983
RIN Number		0694-AH47
CFR Citation		15 CFR 740 15 CFR 746
CFR Associated		Administrative Practice and Procedure; Exports and Reporting and Recordkeeping Requirements
82 FR 51983 - Amendments To Implement United States Policy Toward Cuba

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 216 (November 9, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
