82_FR_52214 82 FR 51998 - Cuban Assets Control Regulations

82 FR 51998 - Cuban Assets Control Regulations

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control

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

Page Range51998-52004
FR Document2017-24447

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is amending the Cuban Assets Control Regulations to implement the National Security Presidential Memorandum (NSPM), ``Strengthening the Policy of the United States Toward Cuba,'' signed by the President on June 16, 2017. These amendments implement changes to the authorizations for travel to Cuba and related transactions and restrict certain financial transactions. These amendments also implement certain technical and conforming changes.

Federal Register, Volume 82 Issue 216 (Thursday, November 9, 2017)
[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 51998-52004]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24447]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 515


Cuban Assets Control Regulations

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (OFAC) is amending the Cuban Assets Control Regulations to 
implement the National Security Presidential Memorandum (NSPM), 
``Strengthening the Policy of the United States Toward Cuba,'' signed 
by the President on June 16, 2017. These amendments implement changes 
to the authorizations for travel to Cuba and related transactions and 
restrict certain financial transactions. These amendments also 
implement certain technical and conforming changes.

DATES: Effective: November 9, 2017.

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

SUPPLEMENTARY INFORMATION:

Electronic Availability

    This document and additional information concerning OFAC are 
available from OFAC's Web site (www.treasury.gov/ofac).

Background

    The Department of the Treasury issued the Cuban Assets Control 
Regulations, 31 CFR part 515 (the ``Regulations''), on July 8, 1963, 
under the Trading With the Enemy Act (50 U.S.C. 4301-41). OFAC has 
amended the Regulations on numerous occasions. Today, OFAC, the 
Department of Commerce's Bureau of Industry and Security, and the 
Department of State are taking coordinated actions to implement the 
NSPM, ``Strengthening the Policy of the United States Toward Cuba,'' 
signed by the President on June 16, 2017.
    OFAC is making amendments to the Regulations with respect to 
financial transactions, travel and related transactions, educational 
activities, support for the Cuban people, and certain other activities, 
as set forth below.

Financial Transactions

    Restrictions on direct financial transactions with certain entities 
and subentities. In accordance with section 3(a)(i) of the NSPM, the 
State Department is publishing a list of entities and subentities that 
are under the control of, or act for or on behalf of, the Cuban 
military, intelligence, or security service or personnel, and with 
which direct financial transactions would disproportionately benefit 
the Cuban military, intelligence, or security services or personnel at 
the expense of the Cuban people or private enterprise in Cuba--the 
State Department's List of Restricted Entities and Subentities 
Associated with Cuba (``Cuba Restricted List''). In accordance with 
section 3(a)(ii) of the NSPM, OFAC is adding new Sec.  515.209 to 
restrict direct financial transactions with entities and subentities 
listed on the Cuba Restricted List. OFAC is making conforming edits to 
Sec.  515.421 to clarify that transactions ordinarily incident to 
licensed transactions do not include direct financial transactions with 
such entities and subentities if the terms of the applicable general or 
specific license expressly exclude such direct financial transactions.
    In order to implement this prohibition, OFAC is adding 
corresponding language in the following general licenses: Sec. Sec.  
515.530, 515.534, 515.545, 515.560, 515.561, 515.564, 515.565, 515.566, 
515.567, 515.572, 515.573, 515.574, 515.576, 515.577, 515.578, 515.581, 
515.584, and 515.590. OFAC has not incorporated this prohibition into 
certain general licenses in accordance with the exceptions detailed in 
section 3(a)(iii) of the NSPM.

Travel and Related Transactions

    Educational travel. In accordance with section 3(b) of the NSPM, 
OFAC is revising the categories of educational travel currently set 
forth in Sec.  515.565(a)(1)-(6) to authorize travel that was permitted 
by regulation in effect on January 27, 2011.
    In addition, OFAC is adding the requirement set forth in the NSPM 
that certain categories of educational travel authorized by Sec.  
515.565(a), which were not permitted by regulation in effect on January 
27, 2011, take place under the auspices of an organization that is a 
person subject to U.S. jurisdiction. This requirement is incorporated 
in Sec.  515.565(a)(2). The same provision also now will require that 
all travelers must be accompanied by a person subject to U.S. 
jurisdiction who is an employee, paid consultant, agent, or other 
representative of the sponsoring organization, except in cases where 
the traveler is an employee, paid consultant, agent, or other 
representative traveling individually (not as part of a group), if the 
individual obtains a letter from the sponsoring organization. Such a 
letter must state that: (1) The individual is traveling to Cuba as an 
employee, paid consultant, agent, or other representative (including 
specifying the responsibilities of the individual that make him or her 
a representative) of the sponsoring organization; (2) the individual is 
acting for or on behalf of, or otherwise representing, the sponsoring 
organization; and (3) the individual's travel to Cuba is related to his 
or her role at the sponsoring organization.
    In addition, OFAC is adding a ``grandfathering'' provision in Sec.  
515.565(d) to authorize certain travel that previously was authorized 
where the traveler has already completed at least one travel-related 
transaction (such as purchasing a flight or reserving accommodation) 
prior to November 9, 2017.
    People-to-people educational travel. In accordance with section 
3(b)(ii) of the NSPM, OFAC is amending Sec.  515.565(b) to require that 
people-to-people educational travel be conducted under the auspices of 
an organization that is subject to U.S. jurisdiction and that sponsors 
such exchanges to promote

[[Page 51999]]

people-to-people contact, and that such travelers be accompanied by a 
person subject to U.S. jurisdiction who is an employee, paid 
consultant, agent, or other representative of the sponsoring 
organization. Travel-related transactions authorized pursuant to this 
section must be for the purpose of engaging, while in Cuba, 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 result in meaningful 
interactions with individuals in Cuba. In addition, OFAC is adding a 
``grandfathering'' provision in Sec.  515.565(e) to authorize certain 
people-to-people travel that previously was authorized where the 
traveler has already completed at least one travel-related transaction 
(such as purchasing a flight or reserving accommodation) prior to June 
16, 2017.
    Support for the Cuban people. In accordance with section 3(b)(ii) 
of the NSPM, OFAC is amending Sec.  515.574 to require that each 
traveler engage in a full-time schedule of activities that result in 
meaningful interaction with individuals in Cuba and that enhance 
contact with the Cuban people, support civil society in Cuba, or 
promote the Cuban people's independence from Cuban authorities.

Other Amendments

    Definition of prohibited officials of the Government of Cuba. In 
accordance with section 3(d) of the NSPM, OFAC is amending the 
definition of the term prohibited officials of the Government of Cuba 
in Sec.  515.337 to include certain additional individuals. The revised 
definition corresponds to that which was in place prior to October 17, 
2016.

Public Participation

    Because the amendments of the Regulations involve a foreign affairs 
function, Executive Order 12866 and the provisions of the 
Administrative Procedure Act (5 U.S.C. 553) requiring notice of 
proposed rulemaking, opportunity for public participation, and delay in 
effective date, as well as the provisions of Executive Order 13771, are 
inapplicable. Because no notice of proposed rulemaking is required for 
this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not 
apply.

Paperwork Reduction Act

    The collections of information related to the Regulations are 
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties 
Regulations'') and Sec.  515.572 of this part. Pursuant to the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of 
information are covered by the Office of Management and Budget under 
control numbers 1505-0164, 1505-0167, and 1505-0168. An agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless the collection of information displays 
a valid control number.

List of Subjects in 31 CFR Part 515

    Administrative practice and procedure, Banking, Blocking of assets, 
Cuba, Financial transactions, Reporting and recordkeeping requirements, 
Travel restrictions.

    For the reasons set forth in the preamble, the Department of the 
Treasury's Office of Foreign Assets Control amends 31 CFR part 515 as 
set forth below:

PART 515--CUBAN ASSETS CONTROL REGULATIONS

0
1. The authority citation for part 515 continues to read as follows:

    Authority: 22 U.S.C. 2370(a), 6001-6010, 7201-7211; 31 U.S.C. 
321(b); 50 U.S.C. 4301-4341; Pub. L. 101-410, 104 Stat. 890 (28 
U.S.C. 2461 note); Pub. L. 104-114, 110 Stat. 785 (22 U.S.C. 6021-
6091); Pub. L. 105-277, 112 Stat. 2681; Pub. L. 111-8, 123 Stat. 
524; Pub. L. 111-117, 123 Stat. 3034; E.O. 9193, 7 FR 5205, 3 CFR, 
1938-1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943-1948 
Comp., p. 748; Proc. 3447, 27 FR 1085, 3 CFR, 1959-1963 Comp., p. 
157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614.

Subpart B--Prohibitions

0
2. Add Sec.  515.209 to subpart B to read as follows:


Sec.  515.209   Restrictions on direct financial transactions with 
certain entities and subentities.

    (a) Except as otherwise authorized pursuant to this part, no person 
subject to U.S. jurisdiction may engage in a direct financial 
transaction with any person that the Secretary of State has identified 
as an entity or subentity that is under the control of, or acts for or 
on behalf of, the Cuban military, intelligence, or security services or 
personnel and with which direct financial transactions would 
disproportionately benefit such services or personnel at the expense of 
the Cuban people or private enterprise in Cuba. For purposes of this 
prohibition, a person engages in a direct financial transaction by 
acting as the originator on a transfer of funds whose ultimate 
beneficiary is an entity or subentity on the State Department's List of 
Restricted Entities and Subentities Associated with Cuba (``Cuba 
Restricted List'') or as the ultimate beneficiary on a transfer of 
funds whose originator is an entity or subentity on the Cuba Restricted 
List, including a transaction by wire transfer, credit card, check, or 
payment of cash. This prohibition does not apply to certain 
transactions set forth in paragraphs (b) and (c) of this section.

    Note to paragraph (a): The names of entities and subentities 
that the Secretary of State has identified as meeting the criteria 
set forth in this section are published in the Federal Register and 
incorporated into the Cuba Restricted List. Entities or subentities 
that are owned or controlled by another entity or subentity on this 
list are not treated as restricted unless also specified by name on 
the Cuba Restricted List. The Cuba Restricted List is maintained by 
the State Department and will be published in the Federal Register. 
It is also accessible through the following page on the State 
Department's Web site: http://www.state.gov/e/eb/tfs/spi/cuba/cubarestrictedlist/index.htm.

    (b) The prohibition in paragraph (a) of this section does not apply 
to any travel-related transactions, including those that involve direct 
financial transactions with an entity or subentity on the Cuba 
Restricted List, provided those travel-related transactions were 
initiated prior to the date that entity or subentity was added to the 
Cuba Restricted List as published in the Federal Register.
    (c) The prohibition in paragraph (a) of this section does not apply 
to any transactions related to commercial engagements that involve 
direct financial transactions with an entity or subentity on the Cuba 
Restricted List, provided those commercial engagements were in place 
prior to the date that entity or subentity was added to the Cuba 
Restricted List as published in the Federal Register.

    Note to Sec.  515.209: This section does not prohibit a person 
subject to U.S. jurisdiction from participating in an indirect 
financial transaction, such as those authorized pursuant to Sec.  
515.584(d) relating to funds transfers or Sec.  515.584(g) relating 
to U.S. dollar monetary instruments, where the person does not act 
as the originator or beneficiary on a transfer of funds.

Subpart C--Definitions

0
3. Revise Sec.  515.337 to read as follows:


Sec.  515.337   Prohibited officials of the Government of Cuba.

    For purposes of this part, the term prohibited officials of the 
Government of Cuba means 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

[[Page 52000]]

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).

Subpart D--Interpretations

0
4. Amend Sec.  515.421 by removing the text ``or'' at the end of 
paragraph (a)(3), removing the period at the end of the introductory 
text to paragraph (a)(4) and adding the text ``; or'' in its place, and 
adding paragraph (a)(5) to read as follows:


Sec.  515.421   Transactions ordinarily incident to a licensed 
transaction.

    (a) * * *
    (5) A direct financial transaction prohibited by Sec.  515.209, 
where the terms of the applicable general or specific license expressly 
exclude such a transaction.
* * * * *

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

0
5. Amend Sec.  515.530 by adding paragraph (d) to read as follows:


Sec.  515.530   Exportation of powers of attorney or instructions 
relating to certain types of transactions.

* * * * *
    (d) Certain direct financial transactions restricted. Nothing in 
this section authorizes a direct financial transaction prohibited by 
Sec.  515.209.

0
6. Amend Sec.  515.533 by revising paragraph (b) to read as follows:


Sec.  515.533   Exportations from the United States to Cuba; 
reexportation to Cuba; importation and servicing or repair of certain 
items previously exported or reexported to Cuba.

* * * * *
    (b) Importation of certain items previously exported to Cuba; 
servicing and repair of such items. All transactions ordinarily 
incident to the importation into the United States or a third country 
of items previously exported from the United States to Cuba or exported 
or reexported from a third country to Cuba, and the servicing and 
repair of such items, are authorized, provided that:
    (1) The items previously were exported or reexported to Cuba 
pursuant to paragraph (a) of this section or Sec.  515.559; and
    (2) The items are being imported into the United States or a third 
country either:
    (i) In order to service or repair them before they are exported or 
reexported back to Cuba, or
    (ii) To return them to the United States or a third country.

    Note to paragraph (b): This paragraph does not authorize the 
exportation or reexportation of any item to Cuba. The exportation or 
reexportation of serviced, repaired, or replacement items to Cuba 
must be separately authorized pursuant to paragraph (a) of this 
section or Sec.  515.559, in addition to any Department of Commerce 
authorization that may be required.

* * * * *

0
7. Amend Sec.  515.534 by adding paragraph (c) to read as follows:


Sec.  515.534   Negotiation of, and entry into, contingent contracts 
relating to transactions prohibited by this part.

* * * * *
    (c) Certain direct financial transactions restricted. Nothing in 
this section authorizes a direct financial transaction prohibited by 
Sec.  515.209.
* * * * *

0
8. Amend Sec.  515.545 by redesignating paragraph (c) as paragraph (d) 
and adding new paragraph (c) to read as follows:


Sec.  515.545   Transactions related to information and informational 
materials.

* * * * *
    (c) Certain direct financial transactions restricted. Nothing in 
paragraphs (a) or (b) of this section authorizes a direct financial 
transaction prohibited by Sec.  515.209.
* * * * *

0
9. Amend Sec.  515.560 by revising the introductory text to paragraph 
(c), revising paragraph (c)(1), redesignating paragraph (d) as 
paragraph (e), and adding new paragraph (d) to read as follows:


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

* * * * *
    (c) Except as provided in paragraph (d) of this section, persons 
generally or specifically licensed under this part to engage in 
transactions in connection with travel to, from, and within Cuba may 
engage in the following transactions:
    (1) Transportation to, from, and within Cuba; Cuban visas. All 
transportation-related transactions ordinarily incident to travel to, 
from, and within Cuba, including the acquisition of Cuban visas, are 
authorized.
* * * * *
    (d) Nothing in paragraphs (c)(2), (c)(3), and (c)(6)(i) of this 
section authorizes a direct financial transaction prohibited by Sec.  
515.209 if the terms of the applicable general or specific license 
expressly exclude such a transaction.
* * * * *

0
10. Amend Sec.  515.561 by removing the text ``Sec.  515.565(a)(1) 
through (4) and (6)'' and adding in its place the text ``Sec.  
515.565(a)(1)(i) through (iv) and (vi)'' and adding a sentence at the 
end of paragraph (a) to read as follows:


Sec.  515.561   Family visits.

    (a) * * * Nothing in this paragraph authorizes a direct financial 
transaction prohibited by Sec.  515.209.
* * * * *

0
11. Amend Sec.  515.564 by redesignating paragraph (c) as paragraph (d) 
and adding new paragraph (c) to read as follows:


Sec.  515.564   Professional research and professional meetings in 
Cuba.

* * * * *
    (c) Certain direct financial transactions restricted. Nothing in 
paragraph (a) of this section authorizes a direct financial transaction 
prohibited by Sec.  515.209.
* * * * *

0
12. Revise Sec.  515.565 to read as follows:


Sec.  515.565   Educational activities.

    (a) General license for educational activities. (1) Accredited U.S. 
undergraduate or graduate degree-granting academic institutions, their 
students enrolled in an undergraduate or graduate degree program at the 
institution, and their full-time permanent employees, are authorized to 
engage, under the auspices of the institutions, in transactions, 
including the travel-related transactions set forth in Sec.  
515.560(c), that are directly incident to the following activities:
    (i) Participation in a structured educational program in Cuba as 
part of a course offered at the U.S. institution, provided the program 
includes a full term, and in no instance includes fewer than 10 weeks, 
of study in Cuba. An individual planning to engage in such transactions 
must obtain a letter from the U.S. institution stating that the 
individual is a student currently enrolled in an undergraduate or 
graduate degree program at the institution, or is a full-time permanent 
employee of the institution, and that the Cuba-related travel is part 
of a

[[Page 52001]]

structured educational program of the U.S. institution that will be no 
shorter than 10 weeks in duration;
    (ii) Noncommercial academic research in Cuba specifically related 
to Cuba and for the purpose of obtaining a graduate degree. A student 
planning to engage in such transactions must obtain a letter from the 
U.S. institution stating that the individual is a student currently 
enrolled in a graduate degree program at the U.S. institution and that 
the research in Cuba will be accepted for credit toward that degree;
    (iii) Participation in a formal course of study at a Cuban academic 
institution, provided the formal course of study in Cuba will be 
accepted for credit toward the student's undergraduate or graduate 
degree at the U.S. institution and provided that the course of study is 
no shorter than 10 weeks in duration. An individual planning to engage 
in such transactions must obtain a letter from the U.S. institution 
stating that the individual is a student currently enrolled in an 
undergraduate or graduate degree program at the U.S. institution and 
that the study in Cuba will be accepted for credit toward that degree 
and will be no shorter than 10 weeks in duration;
    (iv) Teaching at a Cuban academic institution by an individual 
regularly employed in a teaching capacity at the U.S. institution, 
provided the teaching activities are related to an academic program at 
the Cuban institution and provided that the duration of the teaching 
will be no shorter than 10 weeks. An individual planning to engage in 
such transactions must obtain a letter from the U.S. institution 
stating that the individual is a full-time permanent employee regularly 
employed in a teaching capacity at the U.S. institution;
    (v) Sponsorship of a Cuban scholar to teach or engage in other 
scholarly activity at the U.S. institution (in addition to those 
transactions authorized by the general license contained in Sec.  
515.571); and

    Note to paragraph (a)(1)(v): See Sec.  515.571(a) for 
authorizations related to certain banking transactions and receipt 
of salary or other compensation by Cuban nationals present in the 
United States in a non-immigrant status or pursuant to other non-
immigrant travel authorization issued by the U.S. government.

    (vi) The organization of, and preparation for, the activities 
described in paragraphs (a)(1)(i) through (a)(1)(v) of this section by 
a full-time permanent employee of the U.S. institution. An individual 
engaging in such transactions must obtain a letter from the U.S. 
institution stating that the individual is a full-time permanent 
employee of the U.S. institution.
    (2) To the extent not authorized in paragraph (a)(1) of this 
section, persons subject to U.S. jurisdiction, including U.S. academic 
institutions and their faculty, staff, and students, are authorized to 
engage in transactions, including the travel-related transactions set 
forth in Sec.  515.560(c), that are directly incident to the following 
activities, provided that any travel-related transactions pursuant to 
these authorizations take place under the auspices of an organization 
that is a person subject to U.S. jurisdiction, and further provided 
that all such travelers be accompanied by a person subject to U.S. 
jurisdiction who is an employee, paid consultant, agent, or other 
representative of the sponsoring organization, except in cases where 
the traveler is an employee, paid consultant, agent, or other 
representative traveling individually (not as part of a group) and the 
individual traveler obtains a letter from the sponsoring organization 
stating that: The individual is traveling to Cuba as an employee, paid 
consultant, agent, or other representative (including specifying the 
responsibilities of the individual that make him or her a 
representative) of the sponsoring organization; the individual is 
acting for or on behalf of, or otherwise representing, the sponsoring 
organization; and the individual's travel to Cuba is related to his or 
her role at the sponsoring organization:
    (i) Participation in a structured educational program in Cuba as 
part of a course offered for credit by a U.S. graduate or undergraduate 
degree-granting academic institution that is sponsoring the program;
    (ii) Noncommercial academic research in Cuba specifically related 
to Cuba and for the purpose of obtaining an undergraduate or graduate 
degree;
    (iii) Participation in a formal course of study at a Cuban academic 
institution, provided the formal course of study in Cuba will be 
accepted for credit toward the student's graduate or undergraduate 
degree;
    (iv) Teaching at a Cuban academic institution related to an 
academic program at the Cuban institution, provided that the individual 
is regularly employed by a U.S. or other non-Cuban academic 
institution;
    (v) Sponsorship of a Cuban scholar to teach or engage in other 
scholarly activity at the sponsoring U.S. academic institution (in 
addition to those transactions authorized by the general license 
contained in Sec.  515.571).

    Note to paragraph (a)(2)(v): See Sec.  515.571(a) for 
authorizations related to certain banking transactions and receipt 
of salary or other compensation by Cuban nationals present in the 
United States in a non-immigrant status or pursuant to other non-
immigrant travel authorization issued by the U.S. government.

    (vi) Educational exchanges sponsored by Cuban or U.S. secondary 
schools involving secondary school students' participation in a formal 
course of study or in a structured educational program offered by a 
secondary school or other academic institution and led by a teacher or 
other secondary school official. This includes participation by a 
reasonable number of adult chaperones to accompany the secondary school 
students to Cuba;
    (vii) Sponsorship or co-sponsorship of non-commercial academic 
seminars, conferences, symposia, and workshops related to Cuba or 
global issues involving Cuba and attendance at such events by faculty, 
staff, and students of a participating U.S. academic institution;
    (viii) Establishment of academic exchanges and joint non-commercial 
academic research projects with universities or academic institutions 
in Cuba;
    (ix) Provision of standardized testing services, including 
professional certificate examinations, university entrance 
examinations, and language examinations, and related preparatory 
services for such exams, to Cuban nationals, wherever located;
    (x) Provision of Internet-based courses, including distance 
learning and Massive Open Online Courses, to Cuban nationals, wherever 
located, provided that the course content is at the undergraduate level 
or below;
    (xi) The organization of, and preparation for, activities described 
in paragraphs (a)(2)(i) through (a)(2)(x) of this section by an 
employee, paid consultant, agent, or other representative of the 
sponsoring organization that is a person subject to U.S. jurisdiction; 
and
    (xii) Facilitation by an organization that is a person subject to 
U.S. jurisdiction, or a member of the staff of such an organization, of 
licensed educational activities in Cuba on behalf of U.S. academic 
institutions or secondary schools, provided that:
    (A) The organization is directly affiliated with one or more U.S. 
academic institutions or secondary schools; and
    (B) The organization facilitates educational activities that meet 
the requirements of one or more of the general licenses set forth in 
paragraphs (a)(1)(i) through (iii), (a)(2)(i) through (iii), and 
(a)(2)(vi) of this section.


[[Page 52002]]


    Note to paragraph (a)(2): The authorizations in this paragraph 
extend to adjunct faculty and part-time staff of U.S. academic 
institutions. A student enrolled in a U.S. academic institution is 
authorized pursuant to paragraph (a)(2) of this section to 
participate in the academic activities in Cuba described through any 
sponsoring U.S. academic institution.

    Example to paragraph (a)(2): An individual undergraduate student 
serves as a research assistant at his or her U.S. undergraduate 
degree-granting academic institution. This individual may travel to 
Cuba to engage in noncommercial academic research specifically 
related to Cuba for the purpose of obtaining an undergraduate degree 
pursuant to paragraph (a)(2)(ii) of this section if the student is 
either accompanied by an employee, paid consultant, agent, or other 
representative of the academic institution (either individually or 
as part of a group), or has obtained a letter from the institution 
stating that the student is an employee, paid consultant, agent, or 
other representative (including specifying the responsibilities that 
make him or her a representative) of the academic institution, that 
the student is acting for or on behalf of or otherwise representing 
the academic institution, and that the student's travel to Cuba is 
related to his or her role at the academic institution.

    Note 1 to paragraph (a): See Sec.  515.560(c)(6) for an 
authorization for individuals to open and maintain accounts at Cuban 
financial institutions; see Sec.  515.573 for an authorization for 
entities conducting educational activities authorized by Sec.  
515.565(a) to establish a physical presence in Cuba, including an 
authorization to open and maintain accounts at Cuban financial 
institutions.


    Note 2 to paragraph (a): The export or reexport to Cuba of goods 
(including software) or technology subject to the Export 
Administration Regulations (15 CFR parts 730 through 774) may 
require separate authorization from the Department of Commerce.


    Note 3 to paragraph (a): See Sec.  515.590(a) for an 
authorization for the provision of educational grants, scholarships, 
or awards to a Cuban national or in which Cuba or a Cuban national 
otherwise has an interest.

    (b) General license for people-to-people travel. The travel-related 
transactions set forth in Sec.  515.560(c) and such additional 
transactions as are directly incident to educational exchanges not 
involving academic study pursuant to a degree program are authorized, 
provided that:
    (1) The exchanges take place under the auspices of an organization 
that is a person subject to U.S. jurisdiction and that sponsors such 
exchanges to promote people-to-people contact;
    (2) Travel-related transactions pursuant to this authorization are 
for the purpose of engaging, while in Cuba, 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;
    (3) Each traveler has a full-time schedule of educational exchange 
activities that result in meaningful interaction between the traveler 
and individuals in Cuba;
    (4) A person subject to U.S. jurisdiction who is an employee, paid 
consultant, agent, or other representative of the sponsoring 
organization accompanies each group traveling to Cuba to ensure that 
each traveler has a full-time schedule of educational exchange 
activities;
    (5) The predominant portion of the activities engaged in by each 
travelers is not with a prohibited official of the Government of Cuba, 
as defined in Sec.  515.337, or a prohibited member of the Cuban 
Communist Party, as defined in Sec.  515.338; and
    (6) In addition to all other information required by Sec.  501.601 
of this chapter, persons relying on the authorization in paragraph (b) 
of this section, including entities sponsoring travel pursuant to the 
authorization in paragraph (b) of this section, must retain records 
sufficient to demonstrate that each individual traveler has engaged in 
a full-time schedule of activities that satisfy the requirements of 
paragraphs (b)(1) through (b)(5) of this section. Individuals may rely 
on the entity sponsoring the travel to satisfy his or her recordkeeping 
requirements with respect to the requirements of paragraphs (b)(1) 
through (5) of this section. These records must be furnished to the 
Office of Foreign Assets Control on demand pursuant to Sec.  501.602 of 
this chapter.

    Example 1 to paragraph (b): An organization sponsors and 
organizes educational exchanges not involving academic study 
pursuant to a degree program for travelers to learn side-by-side 
with Cuban individuals in areas such as environmental protection or 
the arts. Each traveler in the group will have a full-time schedule 
of educational exchange activities that result in meaningful 
interaction between the travelers and individuals in Cuba. The group 
will be accompanied by a person who is subject to U.S. jurisdiction 
who is a representative of the sponsoring organization for the 
duration of the trip. The organization's activities qualify for the 
general license for people-to-people travel. In addition, the 
individual travelers may rely on the entity sponsoring the travel to 
satisfy their recordkeeping requirements.
    Example 2 to paragraph (b): An individual plans to travel to 
Cuba to participate in discussions with Cuban artists on community 
projects, exchanges with the founders of a youth arts program, and 
extended dialogue with local city planners and architects to learn 
about historical restoration projects in Old Havana. The individual 
traveler will have a full-time schedule of such educational exchange 
activities that result in meaningful interaction between the 
traveler and individuals in Cuba. The individual's activities do not 
qualify for the general license for people-to-people travel because 
the individual is not traveling under the auspices of an 
organization that is a person subject to U.S. jurisdiction and that 
sponsors such exchanges to promote people-to-people contact. The 
individual's travel may qualify for the general license in Sec.  
515.574 (Support for the Cuban People) provided the individual meets 
all of its requirements.

    Note to paragraphs (a) and (b): Except as provided in paragraph 
(b)(6) of this section, each person relying on the general 
authorizations in these paragraphs, including entities sponsoring 
travel pursuant to the authorization in paragraph (b) of this 
section, must retain specific records related to the authorized 
travel transactions. See Sec. Sec.  501.601 and 501.602 of this 
chapter for applicable recordkeeping and reporting requirements.

    (c) Certain direct financial transactions restricted. Nothing in 
paragraph (a) or (b) of this section authorizes a direct financial 
transaction prohibited by Sec.  515.209.
    (d) General license for certain educational travel and related 
transactions where certain transactions were completed prior to 
November 9, 2017. Persons subject to U.S. jurisdiction are authorized 
to engage in educational travel and related transactions for a trip 
consistent with paragraph (a) of this section as those provisions 
existed on June 16, 2017, provided the traveler completed at least one 
travel-related transaction (such as purchasing a flight or reserving 
accommodation) for that particular trip prior to November 9, 2017 and 
further provided any new travel-related transactions initiated on or 
after November 9, 2017 do not involve a direct financial transaction 
prohibited by Sec.  515.209.
    (e) General license for certain people-to-people travel and related 
transactions where certain transactions were completed prior to June 
16, 2017. Persons subject to U.S. jurisdiction are authorized to engage 
in people-to-people travel and related transactions for a trip 
consistent with paragraphs (b)(1)-(3) of this section as those 
provisions existed on June 16, 2017, provided the traveler completed at 
least one travel-related transaction (such as purchasing a flight or 
reserving accommodation) for that particular trip prior to June 16, 
2017, and further provided any new travel-related transactions 
initiated on or after November 9, 2017 do not involve a

[[Page 52003]]

direct financial transaction prohibited by Sec.  515.209.
    (f) Transactions related to activities that are primarily tourist-
oriented are not authorized pursuant to this section.
    (g) Specific licenses. Specific licenses may be issued on a case-
by-case basis authorizing the travel-related transactions set forth in 
Sec.  515.560(c) and such other transactions as are related to 
educational activities that do not qualify for the general licenses 
under paragraph (a) or (b) of this section.

0
13. Amend Sec.  515.566 by adding a sentence at the end of paragraph 
(a) to read as follows:


Sec.  515.566  Religious activities in Cuba.

    (a) * * * Nothing in this paragraph authorizes a direct financial 
transaction prohibited by Sec.  515.209.
* * * * *

0
14. Amend Sec.  515.567 by redesignating paragraph (d) as paragraph (e) 
and adding new paragraph (d) to read as follows:


Sec.  515.567  Public performances, clinics, workshops, athletic and 
other competitions, and exhibitions.

* * * * *
    (d) Nothing in paragraph (a) or (b) of this section authorizes a 
direct financial transaction prohibited by Sec.  515.209.
* * * * *

0
15. Amend Sec.  515.572 by adding a sentence at the end of paragraph 
(a)(1) to read as follows:


Sec.  515.572  Provision of travel, carrier, other transportation-
related, and remittance forwarding services.

    (a) * * *
    (1) * * * Nothing in this paragraph authorizes a direct financial 
transaction prohibited by Sec.  515.209 if the terms of the applicable 
general or specific license authorizing the travel expressly exclude 
such a transaction.
* * * * *

0
16. Amend Sec.  515.573 by adding paragraph (f) to read as follows:


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

* * * * *
    (f) Certain direct financial transactions restricted. (1) Nothing 
in paragraph (c)(3) of this section, with the exception of transactions 
related to exports or reexports of agricultural commodities, medicines 
or medical supplies, items associated with the provision of 
telecommunications and internet services for the Cuban people, or items 
associated with air and sea operations that support permissible travel, 
cargo, or trade, authorizes a direct financial transaction prohibited 
by Sec.  515.209. Nothing in paragraph (c)(5) of this section, with the 
exception of transactions concerning air and sea operations that 
support permissible travel, cargo, or trade, authorizes a direct 
financial transaction prohibited by Sec.  515.209.
    (2) Nothing in paragraph (d)(2), (3), or (6) of this section 
authorizes a direct financial transaction prohibited by Sec.  515.209.
* * * * *

0
17. Amend Sec.  515.574 by redesignating paragraph (a)(2) as (a)(3), 
adding new paragraph (a)(2), redesignating the Note to paragraph (a) as 
Note 1 to paragraph (a), adding Note 2 to paragraph (a), redesignating 
paragraph (c) as paragraph (d), adding new paragraph (c), and adding 
Examples (1)-(3) to Sec.  515.574 to read as follows:


Sec.  515.574  Support for the Cuban people.

    (a) * * *
    (2) Each traveler engages in a full-time schedule of activities 
that:
    (i) Enhance contact with the Cuban people, support civil society in 
Cuba, or promote the Cuban people's independence from Cuban 
authorities; and
    (ii) Result in meaningful interaction with individuals in Cuba.
* * * * *

    Note 2 to paragraph (a):  Staying in a room at a rented 
accommodation in a private Cuban residence (casa particular), eating 
at privately-owned Cuban restaurants (paladares), and shopping at 
privately-owned stores run by self-employed Cubans (cuentapropista) 
are examples of activities that qualify for this general license. 
However, in order to meet the requirement for a full-time schedule, 
a traveler must engage in additional authorized Support for the 
Cuban People activities.

* * * * *
    (c) Certain direct financial transactions restricted. Nothing in 
paragraph (a)(1)(iii) of this section authorizes a direct financial 
transaction prohibited by Sec.  515.209, with the exception of 
transactions on behalf of a non-governmental organization.
* * * * *
    Example 1 to Sec.  515.574:  An individual plans to travel to 
Cuba, stay in a room at a rented accommodation in a private Cuban 
residence (casa particular), eat at privately-owned Cuban 
restaurants (paladares), and shop at privately-owned stores run by 
self-employed Cubans (cuentapropista) during his or her four-day 
trip. While at the casa particular, the individual will have 
breakfast each morning with the Cuban host and engage with the Cuban 
host to learn about Cuban culture. In addition, the traveler will 
complete his or her full-time schedule by supporting Cuban 
entrepreneurs launching their privately-owned businesses. The 
traveler's activities promote independent activity intended to 
strengthen civil society in Cuba. Because the individual's 
qualifying activities are not limited to staying in a room at a 
rented accommodation in a private Cuban residence (casa particular), 
eating at privately-owned Cuban restaurants (paladares), and 
shopping at privately owned stores run by self-employed Cubans 
(cuentapropista) and the traveler maintains a full-time schedule 
that enhances contact with the Cuban people, supports civil society 
in Cuba, and promotes the Cuban people's independence from Cuban 
authorities, and that results in meaningful interaction between the 
traveler and Cuban individuals, the individual's travel qualifies 
for the general license.
    Example 2 to Sec.  515.574: A group of friends plans to travel 
and maintain a full-time schedule throughout their trip by 
volunteering with a recognized non-governmental organization to 
build a school for underserved Cuban children with the local 
community. In their free time, the travelers plan to rent bicycles 
to explore the streets of Havana and visit an art museum. The 
travelers' trip would qualify for the general license because the 
volunteer activities promote independent activity intended to 
strengthen civil society in Cuba and constitute a full-time schedule 
that enhances contact with the Cuban people and supports civil 
society in Cuba, and results in meaningful interaction between the 
travelers and individuals in Cuba.
    Example 3 to Sec.  515.574: An individual plans to travel to 
Cuba, rent a bicycle to explore the neighborhoods and beaches, and 
engage in brief exchanges with local beach vendors. The individual 
intends to stay at a hotel that does not appear on the Cuba 
Restricted List (see Sec.  515.209). The traveler's trip does not 
qualify for this general license because none of these activities 
promote independent activity intended to strengthen civil society in 
Cuba.

0
18. Amend Sec.  515.576 by redesignating paragraph (c) as paragraph (d) 
and by adding new paragraph (c) to read as follows:


Sec.  515.576  Activities of private foundations or research or 
educational institutes.

* * * * *
    (c) Certain direct financial transactions restricted. Nothing in 
paragraph (a) authorizes a direct financial transaction prohibited by 
Sec.  515.209.
* * * * *

0
19. Amend Sec.  515.577 by adding paragraph (f) to read as follows:


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

* * * * *
    (f) Certain direct financial transactions restricted. Nothing in 
this section authorizes a direct financial transaction prohibited by 
Sec.  515.209.

[[Page 52004]]


0
20. Amend Sec.  515.578 by redesignating paragraph (f) as paragraph (g) 
and adding new paragraph (f) to read as follows:


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

* * * * *
    (f) Certain direct financial transactions restricted. Nothing in 
paragraphs (d) or (e) authorizes a direct financial transaction 
prohibited by Sec.  515.209.
* * * * *

0
21. Amend Sec.  515.581 by adding a sentence at the end to read as 
follows:


Sec.  515.581  Transactions related to conferences in third countries.

     * * * Nothing in this paragraph authorizes a direct financial 
transaction prohibited by Sec.  515.209.
* * * * *

0
22. Amend Sec.  515.584 by revising paragraph (f) to read as follows:


Sec.  515.584  Certain financial transactions involving Cuba.

* * * * *
    (f) Any banking institution, as defined in Sec.  515.314, that is a 
person subject to U.S. jurisdiction is authorized to provide financing 
for exports or reexports of items, other than agricultural commodities, 
authorized pursuant to Sec.  515.533, including issuing, advising, 
negotiating, paying, or confirming letters of credit (including letters 
of credit issued by a financial institution that is a national of 
Cuba), accepting collateral for issuing or confirming letters of 
credit, and processing documentary collections. With the exception of 
transactions related to exports or reexports of medicines or medical 
supplies, items associated with the provision of telecommunications and 
internet services for the Cuban people, or items associated with air 
and sea operations that support permissible travel, cargo, or trade, 
nothing in this paragraph authorizes a direct financial transaction 
prohibited by Sec.  515.209.
* * * * *

0
23. Amend Sec.  515.590 by revising the introductory text to read as 
follows:


Sec.  515.590  Certain grants, scholarships, and awards.

    The provision of grants, scholarships, or awards relating to the 
following activities to a Cuban national or in which Cuba or a Cuban 
national otherwise has an interest is authorized, provided that nothing 
in this section authorizes a direct financial transaction prohibited by 
Sec.  515.209:
* * * * *

    Dated: November 6, 2017.
John E. Smith,
Director, Office of Foreign Assets Control.
[FR Doc. 2017-24447 Filed 11-8-17; 8:45 am]
BILLING CODE 4810-AL-P



                                              51998            Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations

                                              § 1926.1427 Operator qualification and                  Control), Office of the General Counsel,              general licenses: §§ 515.530, 515.534,
                                              certification.                                          tel.: 202–622–2410.                                   515.545, 515.560, 515.561, 515.564,
                                              *       *     *    *    *                               SUPPLEMENTARY INFORMATION:                            515.565, 515.566, 515.567, 515.572,
                                                 (k) Phase-in. (1) The provisions of this                                                                   515.573, 515.574, 515.576, 515.577,
                                              section became applicable on November                   Electronic Availability                               515.578, 515.581, 515.584, and 515.590.
                                              8, 2010, except for paragraphs (a)(2) and                 This document and additional                        OFAC has not incorporated this
                                              (f) of this section, which are applicable               information concerning OFAC are                       prohibition into certain general licenses
                                              November 10, 2018.                                      available from OFAC’s Web site                        in accordance with the exceptions
                                                 (2) When paragraph (a)(1) of this                    (www.treasury.gov/ofac).                              detailed in section 3(a)(iii) of the NSPM.
                                              section is not applicable, all of the
                                                                                                      Background                                            Travel and Related Transactions
                                              requirements in paragraphs (k)(2)(i) and
                                              (ii) of this section apply until November                  The Department of the Treasury                        Educational travel. In accordance
                                              10, 2018.                                               issued the Cuban Assets Control                       with section 3(b) of the NSPM, OFAC is
                                                 (i) The employer must ensure that                    Regulations, 31 CFR part 515 (the                     revising the categories of educational
                                              operators of equipment covered by this                  ‘‘Regulations’’), on July 8, 1963, under              travel currently set forth in
                                              standard are competent to operate the                   the Trading With the Enemy Act (50                    § 515.565(a)(1)–(6) to authorize travel
                                              equipment safely.                                       U.S.C. 4301–41). OFAC has amended                     that was permitted by regulation in
                                                 (ii) When an employee assigned to                    the Regulations on numerous occasions.                effect on January 27, 2011.
                                              operate machinery does not have the                     Today, OFAC, the Department of                           In addition, OFAC is adding the
                                              required knowledge or ability to operate                Commerce’s Bureau of Industry and                     requirement set forth in the NSPM that
                                              the equipment safely, the employer                      Security, and the Department of State                 certain categories of educational travel
                                              must train that employee prior to                       are taking coordinated actions to                     authorized by § 515.565(a), which were
                                              operating the equipment. The employer                   implement the NSPM, ‘‘Strengthening                   not permitted by regulation in effect on
                                              must ensure that each operator is                       the Policy of the United States Toward                January 27, 2011, take place under the
                                              evaluated to confirm that he/she                        Cuba,’’ signed by the President on June               auspices of an organization that is a
                                              understands the information provided                    16, 2017.                                             person subject to U.S. jurisdiction. This
                                              in the training.                                           OFAC is making amendments to the                   requirement is incorporated in
                                              [FR Doc. 2017–24349 Filed 11–8–17; 8:45 am]
                                                                                                      Regulations with respect to financial                 § 515.565(a)(2). The same provision also
                                                                                                      transactions, travel and related                      now will require that all travelers must
                                              BILLING CODE 4510–26–P
                                                                                                      transactions, educational activities,                 be accompanied by a person subject to
                                                                                                      support for the Cuban people, and                     U.S. jurisdiction who is an employee,
                                                                                                      certain other activities, as set forth                paid consultant, agent, or other
                                              DEPARTMENT OF THE TREASURY                              below.                                                representative of the sponsoring
                                              Office of Foreign Assets Control                                                                              organization, except in cases where the
                                                                                                      Financial Transactions
                                                                                                                                                            traveler is an employee, paid consultant,
                                                                                                         Restrictions on direct financial                   agent, or other representative traveling
                                              31 CFR Part 515                                         transactions with certain entities and                individually (not as part of a group), if
                                              Cuban Assets Control Regulations                        subentities. In accordance with section               the individual obtains a letter from the
                                                                                                      3(a)(i) of the NSPM, the State                        sponsoring organization. Such a letter
                                              AGENCY:  Office of Foreign Assets                       Department is publishing a list of                    must state that: (1) The individual is
                                              Control, Treasury.                                      entities and subentities that are under               traveling to Cuba as an employee, paid
                                              ACTION: Final rule.                                     the control of, or act for or on behalf of,           consultant, agent, or other
                                                                                                      the Cuban military, intelligence, or                  representative (including specifying the
                                              SUMMARY:    The Department of the                       security service or personnel, and with               responsibilities of the individual that
                                              Treasury’s Office of Foreign Assets                     which direct financial transactions                   make him or her a representative) of the
                                              Control (OFAC) is amending the Cuban                    would disproportionately benefit the                  sponsoring organization; (2) the
                                              Assets Control Regulations to                           Cuban military, intelligence, or security             individual is acting for or on behalf of,
                                              implement the National Security                         services or personnel at the expense of               or otherwise representing, the
                                              Presidential Memorandum (NSPM),                         the Cuban people or private enterprise                sponsoring organization; and (3) the
                                              ‘‘Strengthening the Policy of the United                in Cuba—the State Department’s List of                individual’s travel to Cuba is related to
                                              States Toward Cuba,’’ signed by the                     Restricted Entities and Subentities                   his or her role at the sponsoring
                                              President on June 16, 2017. These                       Associated with Cuba (‘‘Cuba Restricted               organization.
                                              amendments implement changes to the                     List’’). In accordance with section                      In addition, OFAC is adding a
                                              authorizations for travel to Cuba and                   3(a)(ii) of the NSPM, OFAC is adding                  ‘‘grandfathering’’ provision in
                                              related transactions and restrict certain               new § 515.209 to restrict direct financial            § 515.565(d) to authorize certain travel
                                              financial transactions. These                           transactions with entities and                        that previously was authorized where
                                              amendments also implement certain                       subentities listed on the Cuba Restricted             the traveler has already completed at
                                              technical and conforming changes.                       List. OFAC is making conforming edits                 least one travel-related transaction (such
                                              DATES: Effective: November 9, 2017.                     to § 515.421 to clarify that transactions             as purchasing a flight or reserving
                                              FOR FURTHER INFORMATION CONTACT: The                    ordinarily incident to licensed                       accommodation) prior to November 9,
                                              Department of the Treasury’s Office of                  transactions do not include direct                    2017.
                                              Foreign Assets Control: Assistant                       financial transactions with such entities                People-to-people educational travel.
nshattuck on DSK9F9SC42PROD with RULES




                                              Director for Licensing, tel.: 202–622–                  and subentities if the terms of the                   In accordance with section 3(b)(ii) of the
                                              2480, Assistant Director for Regulatory                 applicable general or specific license                NSPM, OFAC is amending § 515.565(b)
                                              Affairs, tel.: 202–622–4855, Assistant                  expressly exclude such direct financial               to require that people-to-people
                                              Director for Sanctions Compliance &                     transactions.                                         educational travel be conducted under
                                              Evaluation, tel.: 202–622–2490; or the                     In order to implement this                         the auspices of an organization that is
                                              Department of the Treasury’s Office of                  prohibition, OFAC is adding                           subject to U.S. jurisdiction and that
                                              the Chief Counsel (Foreign Assets                       corresponding language in the following               sponsors such exchanges to promote


                                         VerDate Sep<11>2014   13:39 Nov 08, 2017   Jkt 244001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\09NOR1.SGM   09NOR1


                                                               Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations                                            51999

                                              people-to-people contact, and that such                 (44 U.S.C. 3507), those collections of                ultimate beneficiary on a transfer of
                                              travelers be accompanied by a person                    information are covered by the Office of              funds whose originator is an entity or
                                              subject to U.S. jurisdiction who is an                  Management and Budget under control                   subentity on the Cuba Restricted List,
                                              employee, paid consultant, agent, or                    numbers 1505–0164, 1505–0167, and                     including a transaction by wire transfer,
                                              other representative of the sponsoring                  1505–0168. An agency may not conduct                  credit card, check, or payment of cash.
                                              organization. Travel-related transactions               or sponsor, and a person is not required              This prohibition does not apply to
                                              authorized pursuant to this section must                to respond to, a collection of                        certain transactions set forth in
                                              be for the purpose of engaging, while in                information unless the collection of                  paragraphs (b) and (c) of this section.
                                              Cuba, in a full-time schedule of                        information displays a valid control                    Note to paragraph (a): The names of
                                              activities that enhance contact with the                number.                                               entities and subentities that the Secretary of
                                              Cuban people, support civil society in                                                                        State has identified as meeting the criteria set
                                                                                                      List of Subjects in 31 CFR Part 515
                                              Cuba, or promote the Cuban people’s                                                                           forth in this section are published in the
                                              independence from Cuban authorities;                      Administrative practice and                         Federal Register and incorporated into the
                                              and result in meaningful interactions                   procedure, Banking, Blocking of assets,               Cuba Restricted List. Entities or subentities
                                              with individuals in Cuba. In addition,                  Cuba, Financial transactions, Reporting               that are owned or controlled by another
                                              OFAC is adding a ‘‘grandfathering’’                     and recordkeeping requirements, Travel                entity or subentity on this list are not treated
                                              provision in § 515.565(e) to authorize                  restrictions.                                         as restricted unless also specified by name on
                                                                                                        For the reasons set forth in the                    the Cuba Restricted List. The Cuba Restricted
                                              certain people-to-people travel that                                                                          List is maintained by the State Department
                                              previously was authorized where the                     preamble, the Department of the                       and will be published in the Federal
                                              traveler has already completed at least                 Treasury’s Office of Foreign Assets                   Register. It is also accessible through the
                                              one travel-related transaction (such as                 Control amends 31 CFR part 515 as set                 following page on the State Department’s
                                              purchasing a flight or reserving                        forth below:                                          Web site: http://www.state.gov/e/eb/tfs/spi/
                                              accommodation) prior to June 16, 2017.                                                                        cuba/cubarestrictedlist/index.htm.
                                                 Support for the Cuban people. In                     PART 515—CUBAN ASSETS
                                                                                                      CONTROL REGULATIONS                                      (b) The prohibition in paragraph (a) of
                                              accordance with section 3(b)(ii) of the                                                                       this section does not apply to any travel-
                                              NSPM, OFAC is amending § 515.574 to                     ■ 1. The authority citation for part 515              related transactions, including those
                                              require that each traveler engage in a                  continues to read as follows:                         that involve direct financial transactions
                                              full-time schedule of activities that                                                                         with an entity or subentity on the Cuba
                                              result in meaningful interaction with                     Authority: 22 U.S.C. 2370(a), 6001–6010,
                                                                                                      7201–7211; 31 U.S.C. 321(b); 50 U.S.C. 4301–          Restricted List, provided those travel-
                                              individuals in Cuba and that enhance                                                                          related transactions were initiated prior
                                                                                                      4341; Pub. L. 101–410, 104 Stat. 890 (28
                                              contact with the Cuban people, support                  U.S.C. 2461 note); Pub. L. 104–114, 110 Stat.         to the date that entity or subentity was
                                              civil society in Cuba, or promote the                   785 (22 U.S.C. 6021–6091); Pub. L. 105–277,           added to the Cuba Restricted List as
                                              Cuban people’s independence from                        112 Stat. 2681; Pub. L. 111–8, 123 Stat. 524;         published in the Federal Register.
                                              Cuban authorities.                                      Pub. L. 111–117, 123 Stat. 3034; E.O. 9193,              (c) The prohibition in paragraph (a) of
                                                                                                      7 FR 5205, 3 CFR, 1938–1943 Comp., p. 1174;
                                              Other Amendments                                                                                              this section does not apply to any
                                                                                                      E.O. 9989, 13 FR 4891, 3 CFR, 1943–1948
                                                                                                      Comp., p. 748; Proc. 3447, 27 FR 1085, 3              transactions related to commercial
                                                Definition of prohibited officials of the
                                                                                                      CFR, 1959–1963 Comp., p. 157; E.O. 12854,             engagements that involve direct
                                              Government of Cuba. In accordance
                                                                                                      58 FR 36587, 3 CFR, 1993 Comp., p. 614.               financial transactions with an entity or
                                              with section 3(d) of the NSPM, OFAC is
                                                                                                                                                            subentity on the Cuba Restricted List,
                                              amending the definition of the term                     Subpart B—Prohibitions                                provided those commercial
                                              prohibited officials of the Government
                                                                                                                                                            engagements were in place prior to the
                                              of Cuba in § 515.337 to include certain                 ■ 2. Add § 515.209 to subpart B to read               date that entity or subentity was added
                                              additional individuals. The revised                     as follows:                                           to the Cuba Restricted List as published
                                              definition corresponds to that which
                                                                                                      § 515.209 Restrictions on direct financial            in the Federal Register.
                                              was in place prior to October 17, 2016.
                                                                                                      transactions with certain entities and                   Note to § 515.209: This section does not
                                              Public Participation                                    subentities.                                          prohibit a person subject to U.S. jurisdiction
                                                Because the amendments of the                            (a) Except as otherwise authorized                 from participating in an indirect financial
                                              Regulations involve a foreign affairs                   pursuant to this part, no person subject              transaction, such as those authorized
                                              function, Executive Order 12866 and the                 to U.S. jurisdiction may engage in a                  pursuant to § 515.584(d) relating to funds
                                                                                                      direct financial transaction with any                 transfers or § 515.584(g) relating to U.S.
                                              provisions of the Administrative                                                                              dollar monetary instruments, where the
                                              Procedure Act (5 U.S.C. 553) requiring                  person that the Secretary of State has
                                                                                                                                                            person does not act as the originator or
                                              notice of proposed rulemaking,                          identified as an entity or subentity that             beneficiary on a transfer of funds.
                                              opportunity for public participation,                   is under the control of, or acts for or on
                                              and delay in effective date, as well as                 behalf of, the Cuban military,
                                                                                                      intelligence, or security services or                 Subpart C—Definitions
                                              the provisions of Executive Order
                                              13771, are inapplicable. Because no                     personnel and with which direct                       ■   3. Revise § 515.337 to read as follows:
                                              notice of proposed rulemaking is                        financial transactions would
                                              required for this rule, the Regulatory                  disproportionately benefit such services              § 515.337 Prohibited officials of the
                                              Flexibility Act (5 U.S.C. 601–612) does                 or personnel at the expense of the                    Government of Cuba.
                                              not apply.                                              Cuban people or private enterprise in                   For purposes of this part, the term
                                                                                                      Cuba. For purposes of this prohibition,               prohibited officials of the Government
                                              Paperwork Reduction Act
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                                                                                                      a person engages in a direct financial                of Cuba means Ministers and Vice-
                                                The collections of information related                transaction by acting as the originator               Ministers; members of the Council of
                                              to the Regulations are contained in 31                  on a transfer of funds whose ultimate                 State and the Council of Ministers;
                                              CFR part 501 (the ‘‘Reporting,                          beneficiary is an entity or subentity on              members and employees of the National
                                              Procedures and Penalties Regulations’’)                 the State Department’s List of Restricted             Assembly of People’s Power; members
                                              and § 515.572 of this part. Pursuant to                 Entities and Subentities Associated with              of any provincial assembly; local sector
                                              the Paperwork Reduction Act of 1995                     Cuba (‘‘Cuba Restricted List’’) or as the             chiefs of the Committees for the Defense


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                                              52000            Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations

                                              of the Revolution; Director Generals and                to paragraph (a) of this section or                   acquisition of Cuban visas, are
                                              sub-Director Generals and higher of all                 § 515.559; and                                        authorized.
                                              Cuban ministries and state agencies;                       (2) The items are being imported into              *      *    *      *      *
                                              employees of the Ministry of the Interior               the United States or a third country                     (d) Nothing in paragraphs (c)(2),
                                              (MININT); employees of the Ministry of                  either:                                               (c)(3), and (c)(6)(i) of this section
                                              Defense (MINFAR); secretaries and first                    (i) In order to service or repair them             authorizes a direct financial transaction
                                              secretaries of the Confederation of Labor               before they are exported or reexported                prohibited by § 515.209 if the terms of
                                              of Cuba (CTC) and its component                         back to Cuba, or                                      the applicable general or specific license
                                              unions; chief editors, editors, and                        (ii) To return them to the United                  expressly exclude such a transaction.
                                              deputy editors of Cuban state-run media                 States or a third country.
                                                                                                                                                            *      *    *      *      *
                                              organizations and programs, including                     Note to paragraph (b): This paragraph does          ■ 10. Amend § 515.561 by removing the
                                              newspapers, television, and radio; and                  not authorize the exportation or
                                              members and employees of the Supreme                    reexportation of any item to Cuba. The
                                                                                                                                                            text ‘‘§ 515.565(a)(1) through (4) and
                                              Court (Tribuno Supremo Nacional).                       exportation or reexportation of serviced,             (6)’’ and adding in its place the text
                                                                                                      repaired, or replacement items to Cuba must           ‘‘§ 515.565(a)(1)(i) through (iv) and (vi)’’
                                              Subpart D—Interpretations                               be separately authorized pursuant to                  and adding a sentence at the end of
                                                                                                      paragraph (a) of this section or § 515.559, in        paragraph (a) to read as follows:
                                              ■ 4. Amend § 515.421 by removing the                    addition to any Department of Commerce
                                              text ‘‘or’’ at the end of paragraph (a)(3),             authorization that may be required.                   § 515.561   Family visits.
                                              removing the period at the end of the                                                                           (a) * * * Nothing in this paragraph
                                                                                                      *     *    *     *     *                              authorizes a direct financial transaction
                                              introductory text to paragraph (a)(4) and
                                              adding the text ‘‘; or’’ in its place, and              ■ 7. Amend § 515.534 by adding                        prohibited by § 515.209.
                                              adding paragraph (a)(5) to read as                      paragraph (c) to read as follows:                     *     *    *     *     *
                                              follows:                                                § 515.534 Negotiation of, and entry into,             ■ 11. Amend § 515.564 by redesignating
                                              § 515.421 Transactions ordinarily incident
                                                                                                      contingent contracts relating to                      paragraph (c) as paragraph (d) and
                                              to a licensed transaction.                              transactions prohibited by this part.                 adding new paragraph (c) to read as
                                                 (a) * * *                                            *      *     *    *      *                            follows:
                                                 (5) A direct financial transaction                      (c) Certain direct financial
                                                                                                      transactions restricted. Nothing in this              § 515.564 Professional research and
                                              prohibited by § 515.209, where the                                                                            professional meetings in Cuba.
                                              terms of the applicable general or                      section authorizes a direct financial
                                                                                                      transaction prohibited by § 515.209.                  *      *     *    *      *
                                              specific license expressly exclude such                                                                          (c) Certain direct financial
                                              a transaction.                                          *      *     *    *      *
                                                                                                                                                            transactions restricted. Nothing in
                                              *      *    *      *    *                               ■ 8. Amend § 515.545 by redesignating
                                                                                                                                                            paragraph (a) of this section authorizes
                                                                                                      paragraph (c) as paragraph (d) and                    a direct financial transaction prohibited
                                              Subpart E—Licenses, Authorizations,                     adding new paragraph (c) to read as                   by § 515.209.
                                              and Statements of Licensing Policy                      follows:
                                                                                                                                                            *      *     *    *      *
                                              ■ 5. Amend § 515.530 by adding                          § 515.545 Transactions related to                     ■ 12. Revise § 515.565 to read as
                                              paragraph (d) to read as follows:                       information and informational materials.              follows:
                                                                                                      *      *     *    *      *
                                              § 515.530 Exportation of powers of                                                                            § 515.565   Educational activities.
                                                                                                         (c) Certain direct financial
                                              attorney or instructions relating to certain                                                                     (a) General license for educational
                                              types of transactions.                                  transactions restricted. Nothing in
                                                                                                      paragraphs (a) or (b) of this section                 activities. (1) Accredited U.S.
                                              *      *    *     *      *                                                                                    undergraduate or graduate degree-
                                                                                                      authorizes a direct financial transaction
                                                 (d) Certain direct financial                                                                               granting academic institutions, their
                                                                                                      prohibited by § 515.209.
                                              transactions restricted. Nothing in this                                                                      students enrolled in an undergraduate
                                              section authorizes a direct financial                   *      *     *    *      *
                                                                                                                                                            or graduate degree program at the
                                              transaction prohibited by § 515.209.                    ■ 9. Amend § 515.560 by revising the
                                                                                                                                                            institution, and their full-time
                                              ■ 6. Amend § 515.533 by revising                        introductory text to paragraph (c),
                                                                                                                                                            permanent employees, are authorized to
                                              paragraph (b) to read as follows:                       revising paragraph (c)(1), redesignating
                                                                                                                                                            engage, under the auspices of the
                                                                                                      paragraph (d) as paragraph (e), and
                                              § 515.533 Exportations from the United                                                                        institutions, in transactions, including
                                                                                                      adding new paragraph (d) to read as
                                              States to Cuba; reexportation to Cuba;                                                                        the travel-related transactions set forth
                                                                                                      follows:
                                              importation and servicing or repair of                                                                        in § 515.560(c), that are directly incident
                                              certain items previously exported or                    § 515.560 Travel-related transactions to,             to the following activities:
                                              reexported to Cuba.                                     from, and within Cuba by persons subject                 (i) Participation in a structured
                                              *      *     *    *    *                                to U.S. jurisdiction.                                 educational program in Cuba as part of
                                                 (b) Importation of certain items                     *      *     *    *     *                             a course offered at the U.S. institution,
                                              previously exported to Cuba; servicing                     (c) Except as provided in paragraph                provided the program includes a full
                                              and repair of such items. All                           (d) of this section, persons generally or             term, and in no instance includes fewer
                                              transactions ordinarily incident to the                 specifically licensed under this part to              than 10 weeks, of study in Cuba. An
                                              importation into the United States or a                 engage in transactions in connection                  individual planning to engage in such
                                              third country of items previously                       with travel to, from, and within Cuba                 transactions must obtain a letter from
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                                              exported from the United States to Cuba                 may engage in the following                           the U.S. institution stating that the
                                              or exported or reexported from a third                  transactions:                                         individual is a student currently
                                              country to Cuba, and the servicing and                     (1) Transportation to, from, and                   enrolled in an undergraduate or
                                              repair of such items, are authorized,                   within Cuba; Cuban visas. All                         graduate degree program at the
                                              provided that:                                          transportation-related transactions                   institution, or is a full-time permanent
                                                 (1) The items previously were                        ordinarily incident to travel to, from,               employee of the institution, and that the
                                              exported or reexported to Cuba pursuant                 and within Cuba, including the                        Cuba-related travel is part of a


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                                                               Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations                                         52001

                                              structured educational program of the                   a full-time permanent employee of the                 certain banking transactions and receipt of
                                              U.S. institution that will be no shorter                U.S. institution.                                     salary or other compensation by Cuban
                                              than 10 weeks in duration;                                 (2) To the extent not authorized in                nationals present in the United States in a
                                                 (ii) Noncommercial academic research                 paragraph (a)(1) of this section, persons             non-immigrant status or pursuant to other
                                              in Cuba specifically related to Cuba and                subject to U.S. jurisdiction, including               non-immigrant travel authorization issued by
                                                                                                                                                            the U.S. government.
                                              for the purpose of obtaining a graduate                 U.S. academic institutions and their
                                              degree. A student planning to engage in                 faculty, staff, and students, are                        (vi) Educational exchanges sponsored
                                              such transactions must obtain a letter                  authorized to engage in transactions,                 by Cuban or U.S. secondary schools
                                              from the U.S. institution stating that the              including the travel-related transactions             involving secondary school students’
                                              individual is a student currently                       set forth in § 515.560(c), that are directly          participation in a formal course of study
                                              enrolled in a graduate degree program at                incident to the following activities,                 or in a structured educational program
                                              the U.S. institution and that the research              provided that any travel-related                      offered by a secondary school or other
                                              in Cuba will be accepted for credit                     transactions pursuant to these                        academic institution and led by a
                                              toward that degree;                                     authorizations take place under the                   teacher or other secondary school
                                                 (iii) Participation in a formal course of            auspices of an organization that is a                 official. This includes participation by a
                                              study at a Cuban academic institution,                  person subject to U.S. jurisdiction, and              reasonable number of adult chaperones
                                              provided the formal course of study in                  further provided that all such travelers              to accompany the secondary school
                                              Cuba will be accepted for credit toward                 be accompanied by a person subject to                 students to Cuba;
                                              the student’s undergraduate or graduate                 U.S. jurisdiction who is an employee,                    (vii) Sponsorship or co-sponsorship of
                                              degree at the U.S. institution and                      paid consultant, agent, or other                      non-commercial academic seminars,
                                              provided that the course of study is no                 representative of the sponsoring                      conferences, symposia, and workshops
                                              shorter than 10 weeks in duration. An                   organization, except in cases where the               related to Cuba or global issues
                                              individual planning to engage in such                   traveler is an employee, paid consultant,             involving Cuba and attendance at such
                                              transactions must obtain a letter from                  agent, or other representative traveling              events by faculty, staff, and students of
                                              the U.S. institution stating that the                   individually (not as part of a group) and             a participating U.S. academic
                                              individual is a student currently                       the individual traveler obtains a letter              institution;
                                              enrolled in an undergraduate or                         from the sponsoring organization stating                 (viii) Establishment of academic
                                              graduate degree program at the U.S.                     that: The individual is traveling to Cuba             exchanges and joint non-commercial
                                              institution and that the study in Cuba                  as an employee, paid consultant, agent,               academic research projects with
                                              will be accepted for credit toward that                 or other representative (including                    universities or academic institutions in
                                              degree and will be no shorter than 10                   specifying the responsibilities of the                Cuba;
                                              weeks in duration;                                      individual that make him or her a                        (ix) Provision of standardized testing
                                                 (iv) Teaching at a Cuban academic                    representative) of the sponsoring                     services, including professional
                                              institution by an individual regularly                  organization; the individual is acting for            certificate examinations, university
                                              employed in a teaching capacity at the                  or on behalf of, or otherwise                         entrance examinations, and language
                                              U.S. institution, provided the teaching                 representing, the sponsoring                          examinations, and related preparatory
                                              activities are related to an academic                   organization; and the individual’s travel             services for such exams, to Cuban
                                              program at the Cuban institution and                    to Cuba is related to his or her role at              nationals, wherever located;
                                              provided that the duration of the                       the sponsoring organization:                             (x) Provision of Internet-based
                                              teaching will be no shorter than 10                        (i) Participation in a structured                  courses, including distance learning and
                                              weeks. An individual planning to                        educational program in Cuba as part of                Massive Open Online Courses, to Cuban
                                              engage in such transactions must obtain                 a course offered for credit by a U.S.                 nationals, wherever located, provided
                                              a letter from the U.S. institution stating              graduate or undergraduate degree-                     that the course content is at the
                                              that the individual is a full-time                      granting academic institution that is                 undergraduate level or below;
                                              permanent employee regularly                            sponsoring the program;                                  (xi) The organization of, and
                                              employed in a teaching capacity at the                     (ii) Noncommercial academic research               preparation for, activities described in
                                              U.S. institution;                                       in Cuba specifically related to Cuba and              paragraphs (a)(2)(i) through (a)(2)(x) of
                                                 (v) Sponsorship of a Cuban scholar to                for the purpose of obtaining an                       this section by an employee, paid
                                              teach or engage in other scholarly                      undergraduate or graduate degree;                     consultant, agent, or other
                                              activity at the U.S. institution (in                       (iii) Participation in a formal course of          representative of the sponsoring
                                              addition to those transactions                          study at a Cuban academic institution,                organization that is a person subject to
                                              authorized by the general license                       provided the formal course of study in                U.S. jurisdiction; and
                                              contained in § 515.571); and                            Cuba will be accepted for credit toward                  (xii) Facilitation by an organization
                                                                                                      the student’s graduate or undergraduate               that is a person subject to U.S.
                                                 Note to paragraph (a)(1)(v): See
                                              § 515.571(a) for authorizations related to
                                                                                                      degree;                                               jurisdiction, or a member of the staff of
                                              certain banking transactions and receipt of                (iv) Teaching at a Cuban academic                  such an organization, of licensed
                                              salary or other compensation by Cuban                   institution related to an academic                    educational activities in Cuba on behalf
                                              nationals present in the United States in a             program at the Cuban institution,                     of U.S. academic institutions or
                                              non-immigrant status or pursuant to other               provided that the individual is regularly             secondary schools, provided that:
                                              non-immigrant travel authorization issued by            employed by a U.S. or other non-Cuban                    (A) The organization is directly
                                              the U.S. government.                                    academic institution;                                 affiliated with one or more U.S.
                                                (vi) The organization of, and                            (v) Sponsorship of a Cuban scholar to              academic institutions or secondary
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                                              preparation for, the activities described               teach or engage in other scholarly                    schools; and
                                              in paragraphs (a)(1)(i) through (a)(1)(v)               activity at the sponsoring U.S. academic                 (B) The organization facilitates
                                              of this section by a full-time permanent                institution (in addition to those                     educational activities that meet the
                                              employee of the U.S. institution. An                    transactions authorized by the general                requirements of one or more of the
                                              individual engaging in such transactions                license contained in § 515.571).                      general licenses set forth in paragraphs
                                              must obtain a letter from the U.S.                         Note to paragraph (a)(2)(v): See                   (a)(1)(i) through (iii), (a)(2)(i) through
                                              institution stating that the individual is              § 515.571(a) for authorizations related to            (iii), and (a)(2)(vi) of this section.


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                                              52002            Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations

                                                Note to paragraph (a)(2): The                         a full-time schedule of activities that               with local city planners and architects to
                                              authorizations in this paragraph extend to              enhance contact with the Cuban people,                learn about historical restoration projects in
                                              adjunct faculty and part-time staff of U.S.             support civil society in Cuba, or                     Old Havana. The individual traveler will
                                              academic institutions. A student enrolled in                                                                  have a full-time schedule of such educational
                                                                                                      promote the Cuban people’s
                                              a U.S. academic institution is authorized                                                                     exchange activities that result in meaningful
                                              pursuant to paragraph (a)(2) of this section to
                                                                                                      independence from Cuban authorities;                  interaction between the traveler and
                                              participate in the academic activities in Cuba             (3) Each traveler has a full-time                  individuals in Cuba. The individual’s
                                              described through any sponsoring U.S.                   schedule of educational exchange                      activities do not qualify for the general
                                              academic institution.                                   activities that result in meaningful                  license for people-to-people travel because
                                                                                                      interaction between the traveler and                  the individual is not traveling under the
                                                Example to paragraph (a)(2): An
                                              individual undergraduate student serves as a            individuals in Cuba;                                  auspices of an organization that is a person
                                              research assistant at his or her U.S.                      (4) A person subject to U.S.                       subject to U.S. jurisdiction and that sponsors
                                                                                                      jurisdiction who is an employee, paid                 such exchanges to promote people-to-people
                                              undergraduate degree-granting academic
                                                                                                      consultant, agent, or other                           contact. The individual’s travel may qualify
                                              institution. This individual may travel to
                                                                                                      representative of the sponsoring                      for the general license in § 515.574 (Support
                                              Cuba to engage in noncommercial academic
                                                                                                                                                            for the Cuban People) provided the
                                              research specifically related to Cuba for the           organization accompanies each group
                                                                                                                                                            individual meets all of its requirements.
                                              purpose of obtaining an undergraduate                   traveling to Cuba to ensure that each
                                              degree pursuant to paragraph (a)(2)(ii) of this         traveler has a full-time schedule of                    Note to paragraphs (a) and (b): Except as
                                              section if the student is either accompanied            educational exchange activities;                      provided in paragraph (b)(6) of this section,
                                              by an employee, paid consultant, agent, or                 (5) The predominant portion of the                 each person relying on the general
                                              other representative of the academic                                                                          authorizations in these paragraphs, including
                                              institution (either individually or as part of
                                                                                                      activities engaged in by each travelers is            entities sponsoring travel pursuant to the
                                              a group), or has obtained a letter from the             not with a prohibited official of the                 authorization in paragraph (b) of this section,
                                              institution stating that the student is an              Government of Cuba, as defined in                     must retain specific records related to the
                                              employee, paid consultant, agent, or other              § 515.337, or a prohibited member of the              authorized travel transactions. See §§ 501.601
                                              representative (including specifying the                Cuban Communist Party, as defined in                  and 501.602 of this chapter for applicable
                                              responsibilities that make him or her a                 § 515.338; and                                        recordkeeping and reporting requirements.
                                              representative) of the academic institution,               (6) In addition to all other information
                                              that the student is acting for or on behalf of                                                                   (c) Certain direct financial
                                                                                                      required by § 501.601 of this chapter,
                                              or otherwise representing the academic                                                                        transactions restricted. Nothing in
                                                                                                      persons relying on the authorization in
                                              institution, and that the student’s travel to                                                                 paragraph (a) or (b) of this section
                                                                                                      paragraph (b) of this section, including
                                              Cuba is related to his or her role at the                                                                     authorizes a direct financial transaction
                                                                                                      entities sponsoring travel pursuant to
                                              academic institution.                                                                                         prohibited by § 515.209.
                                                                                                      the authorization in paragraph (b) of this
                                                 Note 1 to paragraph (a): See § 515.560(c)(6)                                                                  (d) General license for certain
                                                                                                      section, must retain records sufficient to
                                              for an authorization for individuals to open                                                                  educational travel and related
                                                                                                      demonstrate that each individual
                                              and maintain accounts at Cuban financial                                                                      transactions where certain transactions
                                                                                                      traveler has engaged in a full-time
                                              institutions; see § 515.573 for an                                                                            were completed prior to November 9,
                                              authorization for entities conducting                   schedule of activities that satisfy the
                                                                                                                                                            2017. Persons subject to U.S.
                                              educational activities authorized by                    requirements of paragraphs (b)(1)
                                                                                                                                                            jurisdiction are authorized to engage in
                                              § 515.565(a) to establish a physical presence           through (b)(5) of this section.
                                                                                                                                                            educational travel and related
                                              in Cuba, including an authorization to open             Individuals may rely on the entity
                                              and maintain accounts at Cuban financial
                                                                                                                                                            transactions for a trip consistent with
                                                                                                      sponsoring the travel to satisfy his or
                                              institutions.                                                                                                 paragraph (a) of this section as those
                                                                                                      her recordkeeping requirements with
                                                                                                                                                            provisions existed on June 16, 2017,
                                                                                                      respect to the requirements of
                                                Note 2 to paragraph (a): The export or                                                                      provided the traveler completed at least
                                                                                                      paragraphs (b)(1) through (5) of this
                                              reexport to Cuba of goods (including                                                                          one travel-related transaction (such as
                                              software) or technology subject to the Export           section. These records must be
                                                                                                                                                            purchasing a flight or reserving
                                              Administration Regulations (15 CFR parts                furnished to the Office of Foreign Assets
                                                                                                                                                            accommodation) for that particular trip
                                              730 through 774) may require separate                   Control on demand pursuant to
                                                                                                                                                            prior to November 9, 2017 and further
                                              authorization from the Department of                    § 501.602 of this chapter.
                                              Commerce.
                                                                                                                                                            provided any new travel-related
                                                                                                         Example 1 to paragraph (b): An                     transactions initiated on or after
                                                                                                      organization sponsors and organizes                   November 9, 2017 do not involve a
                                                Note 3 to paragraph (a): See § 515.590(a)
                                                                                                      educational exchanges not involving
                                              for an authorization for the provision of               academic study pursuant to a degree program
                                                                                                                                                            direct financial transaction prohibited
                                              educational grants, scholarships, or awards to          for travelers to learn side-by-side with Cuban        by § 515.209.
                                              a Cuban national or in which Cuba or a                  individuals in areas such as environmental               (e) General license for certain people-
                                              Cuban national otherwise has an interest.               protection or the arts. Each traveler in the          to-people travel and related transactions
                                                 (b) General license for people-to-                   group will have a full-time schedule of               where certain transactions were
                                              people travel. The travel-related                       educational exchange activities that result in        completed prior to June 16, 2017.
                                              transactions set forth in § 515.560(c) and              meaningful interaction between the travelers          Persons subject to U.S. jurisdiction are
                                                                                                      and individuals in Cuba. The group will be
                                              such additional transactions as are                     accompanied by a person who is subject to
                                                                                                                                                            authorized to engage in people-to-
                                              directly incident to educational                        U.S. jurisdiction who is a representative of          people travel and related transactions
                                              exchanges not involving academic study                  the sponsoring organization for the duration          for a trip consistent with paragraphs
                                              pursuant to a degree program are                        of the trip. The organization’s activities            (b)(1)–(3) of this section as those
                                              authorized, provided that:                              qualify for the general license for people-to-        provisions existed on June 16, 2017,
                                                 (1) The exchanges take place under                   people travel. In addition, the individual            provided the traveler completed at least
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                                              the auspices of an organization that is a               travelers may rely on the entity sponsoring           one travel-related transaction (such as
                                              person subject to U.S. jurisdiction and                 the travel to satisfy their recordkeeping             purchasing a flight or reserving
                                                                                                      requirements.
                                              that sponsors such exchanges to                            Example 2 to paragraph (b): An individual
                                                                                                                                                            accommodation) for that particular trip
                                              promote people-to-people contact;                       plans to travel to Cuba to participate in             prior to June 16, 2017, and further
                                                 (2) Travel-related transactions                      discussions with Cuban artists on community           provided any new travel-related
                                              pursuant to this authorization are for the              projects, exchanges with the founders of a            transactions initiated on or after
                                              purpose of engaging, while in Cuba, in                  youth arts program, and extended dialogue             November 9, 2017 do not involve a


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                                                               Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations                                            52003

                                              direct financial transaction prohibited                 direct financial transaction prohibited               their privately-owned businesses. The
                                              by § 515.209.                                           by § 515.209. Nothing in paragraph                    traveler’s activities promote independent
                                                 (f) Transactions related to activities               (c)(5) of this section, with the exception            activity intended to strengthen civil society
                                              that are primarily tourist-oriented are                                                                       in Cuba. Because the individual’s qualifying
                                                                                                      of transactions concerning air and sea
                                                                                                                                                            activities are not limited to staying in a room
                                              not authorized pursuant to this section.                operations that support permissible                   at a rented accommodation in a private
                                                 (g) Specific licenses. Specific licenses             travel, cargo, or trade, authorizes a                 Cuban residence (casa particular), eating at
                                              may be issued on a case-by-case basis                   direct financial transaction prohibited               privately-owned Cuban restaurants
                                              authorizing the travel-related                          by § 515.209.                                         (paladares), and shopping at privately owned
                                              transactions set forth in § 515.560(c) and                 (2) Nothing in paragraph (d)(2), (3), or           stores run by self-employed Cubans
                                              such other transactions as are related to               (6) of this section authorizes a direct               (cuentapropista) and the traveler maintains a
                                              educational activities that do not qualify              financial transaction prohibited by                   full-time schedule that enhances contact with
                                              for the general licenses under paragraph                § 515.209.                                            the Cuban people, supports civil society in
                                              (a) or (b) of this section.                                                                                   Cuba, and promotes the Cuban people’s
                                                                                                      *      *     *     *     *                            independence from Cuban authorities, and
                                              ■ 13. Amend § 515.566 by adding a                       ■ 17. Amend § 515.574 by redesignating                that results in meaningful interaction
                                              sentence at the end of paragraph (a) to                 paragraph (a)(2) as (a)(3), adding new                between the traveler and Cuban individuals,
                                              read as follows:                                        paragraph (a)(2), redesignating the Note              the individual’s travel qualifies for the
                                                                                                      to paragraph (a) as Note 1 to paragraph               general license.
                                              § 515.566   Religious activities in Cuba.
                                                                                                      (a), adding Note 2 to paragraph (a),                     Example 2 to § 515.574: A group of friends
                                                (a) * * * Nothing in this paragraph                                                                         plans to travel and maintain a full-time
                                                                                                      redesignating paragraph (c) as paragraph
                                              authorizes a direct financial transaction                                                                     schedule throughout their trip by
                                                                                                      (d), adding new paragraph (c), and
                                              prohibited by § 515.209.                                                                                      volunteering with a recognized non-
                                                                                                      adding Examples (1)–(3) to § 515.574 to               governmental organization to build a school
                                              *     *    *     *     *                                read as follows:                                      for underserved Cuban children with the
                                              ■ 14. Amend § 515.567 by redesignating
                                                                                                                                                            local community. In their free time, the
                                              paragraph (d) as paragraph (e) and                      § 515.574    Support for the Cuban people.
                                                                                                                                                            travelers plan to rent bicycles to explore the
                                              adding new paragraph (d) to read as                       (a) * * *                                           streets of Havana and visit an art museum.
                                              follows:                                                  (2) Each traveler engages in a full-time            The travelers’ trip would qualify for the
                                                                                                      schedule of activities that:                          general license because the volunteer
                                              § 515.567 Public performances, clinics,                   (i) Enhance contact with the Cuban                  activities promote independent activity
                                              workshops, athletic and other competitions,             people, support civil society in Cuba, or             intended to strengthen civil society in Cuba
                                              and exhibitions.                                        promote the Cuban people’s                            and constitute a full-time schedule that
                                              *      *    *    *     *                                independence from Cuban authorities;                  enhances contact with the Cuban people and
                                                 (d) Nothing in paragraph (a) or (b) of               and                                                   supports civil society in Cuba, and results in
                                              this section authorizes a direct financial                (ii) Result in meaningful interaction               meaningful interaction between the travelers
                                              transaction prohibited by § 515.209.                                                                          and individuals in Cuba.
                                                                                                      with individuals in Cuba.
                                                                                                                                                               Example 3 to § 515.574: An individual
                                              *      *    *    *     *                                *      *    *     *    *                              plans to travel to Cuba, rent a bicycle to
                                              ■ 15. Amend § 515.572 by adding a                          Note 2 to paragraph (a): Staying in a room         explore the neighborhoods and beaches, and
                                              sentence at the end of paragraph (a)(1)                 at a rented accommodation in a private                engage in brief exchanges with local beach
                                              to read as follows:                                     Cuban residence (casa particular), eating at          vendors. The individual intends to stay at a
                                                                                                      privately-owned Cuban restaurants                     hotel that does not appear on the Cuba
                                              § 515.572 Provision of travel, carrier, other           (paladares), and shopping at privately-owned          Restricted List (see § 515.209). The traveler’s
                                              transportation-related, and remittance                  stores run by self-employed Cubans                    trip does not qualify for this general license
                                              forwarding services.                                    (cuentapropista) are examples of activities           because none of these activities promote
                                                (a) * * *                                             that qualify for this general license. However,       independent activity intended to strengthen
                                                (1) * * * Nothing in this paragraph                   in order to meet the requirement for a full-          civil society in Cuba.
                                              authorizes a direct financial transaction               time schedule, a traveler must engage in              ■ 18. Amend § 515.576 by redesignating
                                              prohibited by § 515.209 if the terms of                 additional authorized Support for the Cuban           paragraph (c) as paragraph (d) and by
                                              the applicable general or specific license              People activities.
                                                                                                                                                            adding new paragraph (c) to read as
                                              authorizing the travel expressly exclude                *      *     *    *      *                            follows:
                                              such a transaction.                                        (c) Certain direct financial
                                                                                                                                                            § 515.576 Activities of private foundations
                                              *     *    *      *    *                                transactions restricted. Nothing in
                                                                                                                                                            or research or educational institutes.
                                              ■ 16. Amend § 515.573 by adding                         paragraph (a)(1)(iii) of this section
                                                                                                      authorizes a direct financial transaction             *      *     *    *      *
                                              paragraph (f) to read as follows:
                                                                                                      prohibited by § 515.209, with the                        (c) Certain direct financial
                                              § 515.573 Physical presence and business                exception of transactions on behalf of a              transactions restricted. Nothing in
                                              presence in Cuba authorized; Cuban news                 non-governmental organization.                        paragraph (a) authorizes a direct
                                              bureaus.                                                                                                      financial transaction prohibited by
                                                                                                      *      *     *    *      *
                                              *      *     *     *     *                                Example 1 to § 515.574: An individual
                                                                                                                                                            § 515.209.
                                                 (f) Certain direct financial                         plans to travel to Cuba, stay in a room at a          *      *     *    *      *
                                              transactions restricted. (1) Nothing in                 rented accommodation in a private Cuban               ■ 19. Amend § 515.577 by adding
                                              paragraph (c)(3) of this section, with the              residence (casa particular), eat at privately-        paragraph (f) to read as follows:
                                              exception of transactions related to                    owned Cuban restaurants (paladares), and
                                              exports or reexports of agricultural                    shop at privately-owned stores run by self-           § 515.577 Authorized transactions
                                                                                                      employed Cubans (cuentapropista) during
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                                              commodities, medicines or medical                                                                             necessary and ordinarily incident to
                                                                                                      his or her four-day trip. While at the casa           publishing.
                                              supplies, items associated with the
                                                                                                      particular, the individual will have breakfast
                                              provision of telecommunications and                     each morning with the Cuban host and
                                                                                                                                                            *      *     *     *     *
                                              internet services for the Cuban people,                 engage with the Cuban host to learn about                (f) Certain direct financial
                                              or items associated with air and sea                    Cuban culture. In addition, the traveler will         transactions restricted. Nothing in this
                                              operations that support permissible                     complete his or her full-time schedule by             section authorizes a direct financial
                                              travel, cargo, or trade, authorizes a                   supporting Cuban entrepreneurs launching              transaction prohibited by § 515.209.


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                                              52004            Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations

                                              ■ 20. Amend § 515.578 by redesignating                  authorizes a direct financial transaction                On September 9, 2016, the Coast
                                              paragraph (f) as paragraph (g) and                      prohibited by § 515.209:                              Guard published a temporary final rule
                                              adding new paragraph (f) to read as                     *    *     *     *     *                              entitled, ‘‘Drawbridge Operation
                                              follows:                                                                                                      Regulation; Route 1 & 9 (Lincoln
                                                                                                        Dated: November 6, 2017.
                                                                                                                                                            Highway) Bridge, Hackensack River,
                                              § 515.578 Exportation, reexportation, and               John E. Smith,
                                                                                                                                                            Jersey City, NJ,’’ under docket number
                                              importation of certain internet-based                   Director, Office of Foreign Assets Control.
                                              services; importation of software.                                                                            USCG–2016–0173, in the Federal
                                                                                                      [FR Doc. 2017–24447 Filed 11–8–17; 8:45 am]           Register (81 FR 62366). Under the
                                              *      *     *     *     *                              BILLING CODE 4810–AL–P                                temporary final rule, from October 11,
                                                 (f) Certain direct financial                                                                               2016 to September 30, 2017, the bridge
                                              transactions restricted. Nothing in                                                                           was authorized not to open to vessel
                                              paragraphs (d) or (e) authorizes a direct               DEPARTMENT OF HOMELAND                                traffic between 6 a.m. and 10 a.m. and
                                              financial transaction prohibited by                     SECURITY                                              between 2 p.m. and 6 p.m., and tide
                                              § 515.209.                                                                                                    dependent deep draft vessels could
                                              *      *     *     *     *                              Coast Guard                                           provide twelve hours advance notice for
                                              ■ 21. Amend § 515.581 by adding a                                                                             a bridge opening during rush hours.
                                                                                                      33 CFR Part 117
                                              sentence at the end to read as follows:                                                                          Due to unanticipated project delays,
                                                                                                      [Docket No. USCG–2017–0991]                           the New Jersey Department of
                                              § 515.581 Transactions related to
                                              conferences in third countries.                                                                               Transportation has requested to
                                                                                                      Drawbridge Operation Regulation;
                                                                                                                                                            continue to restrict the bridge opening
                                                * * * Nothing in this paragraph                       Hackensack River, Jersey City, NJ
                                                                                                                                                            of the Route 1 & 9 Bridge allowing for
                                              authorizes a direct financial transaction               AGENCY: Coast Guard, DHS.                             completion of adjacent Pulaski Skyway
                                              prohibited by § 515.209.                                                                                      bridge rehabilitation.
                                                                                                      ACTION:Notice of deviation from
                                              *    *     *     *     *                                drawbridge regulation.                                   This temporary deviation will allow
                                              ■ 22. Amend § 515.584 by revising                                                                             the Route 1 & 9 Bridge to open on signal
                                              paragraph (f) to read as follows:                       SUMMARY:    The Coast Guard has issued a              from November 13, 2017 to April 1,
                                                                                                      temporary deviation from the operating                2017, except that the draw will not open
                                              § 515.584 Certain financial transactions                schedule that governs the Route 1 & 9                 to vessel traffic between 6 a.m. and 10
                                              involving Cuba.                                         (Lincoln Highway) Bridge across the                   a.m. and between 2 p.m. and 6 p.m.,
                                              *      *     *     *    *                               Hackensack River, mile 1.8, at Jersey                 Monday through Friday, except
                                                 (f) Any banking institution, as defined              City, New Jersey. The deviation is                    holidays. Tide dependent deep draft
                                              in § 515.314, that is a person subject to               necessary to restrict bridge openings                 vessels may request bridge openings
                                              U.S. jurisdiction is authorized to                      during the morning and afternoon rush
                                                                                                                                                            during the rush hour closure periods,
                                              provide financing for exports or                        hour periods to alleviate vehicular
                                                                                                                                                            provided that at least a twelve hour
                                              reexports of items, other than                          traffic congestion resulting from area
                                                                                                                                                            advance notice is given by calling the
                                              agricultural commodities, authorized                    roadway closures.
                                                                                                                                                            number posted at the bridge. The
                                              pursuant to § 515.533, including                        DATES: This deviation is effective from               waterway is transited by recreational
                                              issuing, advising, negotiating, paying, or              12:01 a.m. on November 13, 2017 until                 vessels and commercial vessels.
                                              confirming letters of credit (including                 11:59 p.m. on April 1, 2018.                          Coordination with waterway users has
                                              letters of credit issued by a financial                 ADDRESSES: The docket for this                        indicated no objections to the proposed
                                              institution that is a national of Cuba),                deviation, USCG–2017–0991, is                         closure of the draw. Vessels able to pass
                                              accepting collateral for issuing or                     available at http://www.regulations.gov.              through the bridge in the closed
                                              confirming letters of credit, and                       Type the docket number in the                         position may do so at anytime. The
                                              processing documentary collections.                     ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                  bridge will be able to open for
                                              With the exception of transactions                      Click on Open Docket Folder on the line               emergencies. There is no alternate route
                                              related to exports or reexports of                      associated with this deviation.                       for vessels to pass. The Coast Guard will
                                              medicines or medical supplies, items                    FOR FURTHER INFORMATION CONTACT: If                   also inform the users of the waterways
                                              associated with the provision of                        you have questions on this temporary                  through our Local and Broadcast
                                              telecommunications and internet                         deviation, call or email Judy K. Leung-               Notices to Mariners of the change in
                                              services for the Cuban people, or items                 Yee, Bridge Management Specialist,                    operating schedule for the bridge so
                                              associated with air and sea operations                  First District Bridge Branch, U.S. Coast              vessel operators may arrange their
                                              that support permissible travel, cargo, or              Guard; telephone 212–514–4336, email                  transits to minimize any impact caused
                                              trade, nothing in this paragraph                        Judy.K.Leung-Yee@uscg.mil.                            by the temporary deviation.
                                              authorizes a direct financial transaction
                                                                                                      SUPPLEMENTARY INFORMATION: The owner                     In accordance with 33 CFR 117.35(e),
                                              prohibited by § 515.209.
                                                                                                      of the bridge, the New Jersey                         the drawbridge must return to its regular
                                              *      *     *     *    *                               Department of Transportation, requested               operating schedule immediately at the
                                              ■ 23. Amend § 515.590 by revising the                   a temporary deviation in order to                     end of the effective period of this
                                              introductory text to read as follows:                   complete rehabilitation of the adjacent               temporary deviation. This deviation
                                                                                                      Pulaski Skyway Bridge. The Route 1 &                  from the operating regulations is
                                              § 515.590 Certain grants, scholarships,                 9 Bridge across the Hackensack River,                 authorized under 33 CFR 117.35.
                                              and awards.
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                                                                                                      mile 1.8, at Jersey City, New Jersey is a
                                                                                                                                                              Dated: November 6, 2017.
                                                The provision of grants, scholarships,                vertical lift bridge with a vertical
                                              or awards relating to the following                     clearance of 35 feet at mean high water               Christopher J. Bisignano,
                                              activities to a Cuban national or in                    and 40 feet at mean low water in the                  Supervisory Bridge Management Specialist,
                                              which Cuba or a Cuban national                          closed position. The existing                         First Coast Guard District.
                                              otherwise has an interest is authorized,                drawbridge operating regulations are                  [FR Doc. 2017–24376 Filed 11–8–17; 8:45 am]
                                              provided that nothing in this section                   listed at 33 CFR 117.5.                               BILLING CODE 9110–04–P




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Document Created: 2018-10-25 10:29:37
Document Modified: 2018-10-25 10:29:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: November 9, 2017.
ContactThe Department of the Treasury's Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 202-622-4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the Department of the Treasury's Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410.
FR Citation82 FR 51998 
CFR AssociatedAdministrative Practice and Procedure; Banking; Blocking of Assets; Cuba; Financial Transactions; Reporting and Recordkeeping Requirements and Travel Restrictions

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