[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Rules and Regulations]
[Pages 5072-5078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1969]
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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
continue efforts to reach out to the Cuban people in support of their
desire to freely determine their country's future. These amendments
implement policy changes announced by the President on January 14,
2011, designed to increase people-to-people contact, support civil
society in Cuba, enhance the free flow of information to, from, and
among the Cuban people, and help promote their independence from Cuban
authorities. To implement these policy changes, OFAC is taking steps
that build upon the President's April 2009 initiative to, among other
things, allow for greater licensing of travel to Cuba for educational,
cultural, religious, and journalistic activities and expand licensing
of remittances to Cuba. These amendments also modify regulations
regarding authorization of transactions with Cuban national individuals
who have taken up permanent residence outside of Cuba, as well as
implement certain technical and conforming changes.
DATES: Effective Date: January 28, 2011.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Compliance,
Outreach & Implementation, tel.: 202-622-2490, Assistant Director for
Licensing, tel.: 202-622-2480; Assistant Director for Policy, tel.:
202-622-4855, or Chief Counsel (Foreign Assets Control), tel.: 202-622-
2410 (not toll free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning OFAC are
available from OFAC's Web site (http://www.treasury.gov/ofac). Certain
general information pertaining to OFAC's sanctions programs also is
available via facsimile through a 24-hour fax-on-demand service, tel.:
202/622-0077.
Background
The U.S. Government 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. App. 5 et seq.). On September 3, 2009,
OFAC amended the Regulations to implement measures announced by the
President in April 2009 to promote democracy and human rights in Cuba
by easing travel restrictions to facilitate greater contact between
separated family members in the United States and Cuba and by
[[Page 5073]]
increasing the flow of remittances and information to the Cuban people.
OFAC is now amending the Regulations to implement certain policy
changes announced by the President on January 14, 2011, to continue
efforts to reach out to the Cuban people in support of their desire to
freely determine their country's future. These amendments allow for
greater licensing of travel to Cuba for educational, cultural,
religious, and journalistic activities and expand licensing of
remittances to Cuba. These amendments also modify regulations regarding
authorization of transactions with Cuban national individuals who have
taken up permanent residence outside of Cuba, as well as implement
certain technical and conforming changes.
Travel to Cuba for educational activities. Section 515.565 is
amended to implement policy changes for travel-related transactions
incident to educational activities. A new general license authorizing
accredited U.S. graduate and undergraduate degree-granting academic
institutions to engage in Cuba travel-related transactions incident to
certain educational activities replaces the former statement of
specific licensing policy in paragraph (a) of section 515.565. Specific
licenses issued pursuant to former paragraph (a) were limited to one
year in duration and covered only ``full-time permanent'' employees of,
and students enrolled ``at,'' a particular licensed institution. The
new general license authorizes transactions incident to the educational
activities described in paragraph (a) of section 515.565 by all members
of the faculty and staff (including but not limited to adjunct faculty
and part-time staff) of a sponsoring U.S. academic institution. The new
general license also authorizes students to participate in academic
activities in Cuba through any sponsoring U.S. academic institution,
not only through the accredited U.S. academic institution at which the
student is pursuing a degree. The requirement that participation in a
structured educational program in Cuba or participation in a formal
course of study at a Cuban academic institution be no shorter than 10
weeks in duration is removed, and the new general license instead
requires that the study in Cuba be accepted for credit toward the
student's degree.
Revised paragraph (b) of section 515.565 sets forth specific
licensing policies. Paragraph (b)(1) provides that specific licenses
may be issued to authorize travel-related transactions incident to an
individual's educational activities of certain types described in but
that are not authorized by the new general license contained in revised
paragraph (a). New paragraph (b)(3) allows accredited U.S. graduate or
undergraduate degree-granting academic institutions, by specific
license, to sponsor or co-sponsor academic seminars, conferences, and
workshops related to Cuba or global issues involving Cuba, and it
allows faculty, staff, and students of such institutions to attend
those events. A new note to section 515.565 explains that U.S. academic
institutions may open accounts at Cuban financial institutions for the
purpose of accessing funds in Cuba for transactions authorized pursuant
to that section. Nothing in these amendments authorizes U.S. financial
institutions to open or use direct correspondent accounts of their own
at Cuban financial institutions.
People-to-people exchanges. OFAC also is adding new paragraph
(b)(2) to section 515.565 to restore a statement of specific licensing
policy for ``people-to-people'' exchanges. This travel category
provides for specific licenses authorizing educational exchanges not
involving academic study pursuant to a degree program when those
exchanges take place under the auspices of an organization that
sponsors and organizes such programs to promote people-to-people
contact.
Travel to Cuba for religious activities. Section 515.566 is amended
to implement policy changes for travel-related transactions incident to
religious activities. A new general license authorizing religious
organizations located in the United States to engage in Cuba travel-
related transactions incident to religious activities replaces the
former statement of specific licensing policy in paragraph (a) of
section 515.566. Revised paragraph (b) provides that specific licenses
may be issued to authorize travel-related transactions incident to
religious activities that are not authorized by the new general license
contained in revised paragraph (a). A new note to section 515.566
explains that religious organizations may open accounts at Cuban
financial institutions for the purpose of accessing funds in Cuba for
transactions authorized pursuant to that section. Nothing in these
amendments authorizes U.S. financial institutions to open or use direct
correspondent accounts of their own at Cuban financial institutions.
Other travel to Cuba. Section 515.567, including its heading, is
revised to restore a statement of specific licensing policy for travel-
related transactions incident to participation in clinics or workshops.
New paragraph (b)(3) of section 515.567 includes a condition that any
clinics or workshops in Cuba must be organized and run, at least in
part, by the licensee. Paragraph (b) of section 515.563 is amended to
increase the scope of the statement of specific licensing policy for
journalistic activities in Cuba to include free-lance journalistic
projects other than ``articles.''
Remittances. OFAC also is amending section 515.570 to implement
several policy changes regarding remittances to Cuba. New paragraph (b)
contains a general license authorizing persons subject to U.S.
jurisdiction to remit up to $500 per quarter to any Cuban national,
except prohibited officials of the Government of Cuba or prohibited
members of the Cuban Communist Party, to support the development of
private businesses, among other purposes. A second general license has
been added in new paragraph (c), authorizing unlimited remittances to
religious organizations in Cuba in support of religious activities.
Prior to this amendment, remittances to religious organizations in Cuba
were authorized by specific license. New paragraph (d) contains a third
new general license, authorizing remittances to close relatives who are
students in Cuba pursuant to an educational license for the purpose of
funding transactions authorized by the license under which the student
is traveling. Former paragraphs (b), (c), and (d) have been
redesignated as paragraphs (e), (f), and (g), respectively. Newly
redesignated paragraph (g)(1) of section 515.570 has been revised to
clarify that specific licenses may be issued to authorize remittances
to individuals or independent non-governmental entities to support the
development of private businesses, including small farms.
Certain transactions with Cuban nationals who have taken up
permanent residence outside of Cuba. Section 515.505, including its
heading, is revised to add a general license in new paragraph (d)
authorizing certain transactions with individual nationals of Cuba who
have taken up permanent residence outside of Cuba (former paragraphs
(d) and (e) have been redesignated as paragraphs (e) and (f),
respectively). Persons subject to U.S. jurisdiction may engage in
transactions with such individuals, prospectively, as if they were
unblocked Cuban nationals as defined in section 515.307 of this part.
All property in which such Cuban nationals have an interest that was
blocked pursuant to this part prior to the later of the date on which
the individual took up permanent residence outside of Cuba or January
28, 2011, however, remains blocked. To
[[Page 5074]]
determine whether an individual Cuban national has taken up permanent
residence outside of Cuba, persons subject to U.S. jurisdiction are
required to collect copies of at least two documents issued to the
individual by the government authorities of the new country of
permanent residence. An example illustrating the application of this
general license is found in new paragraph (f)(4).
Public Participation
Because the amendments of the Regulations involve a foreign affairs
function, Executive Order 12866 and the provisions of the
Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date are inapplicable. Because no notice of proposed
rulemaking is required for this rule, the Regulatory Flexibility Act (5
U.S.C. 601-612) does not apply.
Paperwork Reduction Act
The collections of information related to the Regulations are
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44
U.S.C. 3507), those collections of information have been approved by
the Office of Management and Budget under control number 1505-0164. 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, Remittances, Reporting and recordkeeping requirements, Travel
restrictions.
For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control amends 31 CFR part 515 as
set forth below:
PART 515--CUBAN ASSETS CONTROL REGULATIONS
0
1. The authority citation for part 515 is revised to read as follows:
Authority: 18 U.S.C. 2332d; 22 U.S.C. 2370(a), 6001-6010, 7201-
7211; 31 U.S.C. 321(b); 50 U.S.C. App 1-44; 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 E--Licenses, Authorizations, and Statements of Licensing
Policy
0
2. Amend Sec. 515.505 by revising the section heading and paragraph
(b), by redesignating paragraphs (d) and (e) as paragraphs (e) and (f),
respectively, by adding new paragraph (d), and by adding new paragraph
(f)(4) to read as follows:
Sec. 515.505 Certain Cuban nationals unblocked; transactions of
certain other Cuban nationals lawfully present in the United States;
transactions with Cuban nationals who have taken up permanent residence
outside of Cuba.
* * * * *
(b) Specific licenses unblocking certain individuals who have taken
up permanent residence outside of Cuba. Individual nationals of Cuba
who have taken up permanent residence outside of Cuba may apply to the
Office of Foreign Assets Control to be specifically licensed as
unblocked nationals. Applications for specific licenses under this
paragraph should include copies of at least two documents indicating
permanent residence issued by the government authorities of the new
country of permanent residence, such as a passport, voter registration
card, permanent resident alien card, or national identity card. In
cases where two of such documents are not available, other information
will be considered, such as evidence that the individual has been
resident for the past two years without interruption in a single
country outside of Cuba or evidence that the individual does not intend
to, or would not be welcome to, return to Cuba.
* * * * *
(d) General license authorizing certain transactions with
individuals who have taken up permanent residence outside of Cuba.
Persons subject to U.S. jurisdiction are authorized to engage in any
transaction with an individual national of Cuba who has taken up
permanent residence outside of Cuba as if the individual national of
Cuba were an unblocked national, as defined in Sec. 515.307 of this
part, except that all property in which the individual national of Cuba
has an interest that was blocked pursuant to this part prior to the
later of the date on which the individual took up permanent residence
outside of Cuba or January 28, 2011 shall remain blocked. In
determining whether an individual national of Cuba has taken up
permanent residence outside of Cuba, persons subject to U.S.
jurisdiction must obtain from the individual copies of at least two
documents indicating permanent residence issued by the government
authorities of the new country of permanent residence, such as a
passport, voter registration card, permanent resident alien card, or
national identity card.
* * * * *
(f) * * *
(4) Example 4: An individual national of Cuba who has taken up
permanent residence outside of Cuba wishes to open a bank account at a
branch of a U.S. bank in Spain and then withdraw a portion of her
previously blocked funds held by the same U.S. bank's New York branch.
The individual provides the Spanish branch with a copy of her third-
country passport and voter registration card demonstrating her
permanent residence status in the third country. The Spanish branch may
open an account for the individual and provide her with banking
services. The New York branch may also handle any transactions related
to this new account processed through the United States but may not
unblock her funds that had been blocked prior to the later of the date
on which the individual took up permanent residence outside of Cuba or
January 28, 2011. Those funds remain blocked unless and until the
individual is licensed as an unblocked national pursuant to paragraph
(a) or (b) of this section or the funds are otherwise unblocked by a
separate Office of Foreign Assets Control authorization.
* * * * *
0
3. Amend Sec. 515.560 by revising paragraphs (a)(5) through (7),
(c)(4)(i) and (ii), and (f) and by adding new paragraph (d)(3) to read
as follows:
Sec. 515.560 Travel-related transactions to, from, and within Cuba by
persons subject to U.S. jurisdiction.
(a) * * *
(5) Educational activities (general and specific licenses) (see
Sec. 515.565);
(6) Religious activities (general and specific licenses) (see Sec.
515.566);
(7) Public performances, clinics, workshops, athletic and other
competitions, and exhibitions (specific licenses) (see Sec. 515.567);
* * * * *
(c) * * *
(4) * * *
(i) The total of all remittances authorized by Sec. 515.570(a)
through (d) does not exceed $3,000; and
(ii) No emigration remittances authorized by Sec. 515.570(e) are
carried to Cuba unless a U.S. immigration visa has been issued for each
payee and the licensed traveler can produce the visa
[[Page 5075]]
recipients' full names, dates of birth, visa numbers, and visa dates of
issuance.
* * * * *
(d) * * *
(3) Compensation earned by a Cuban national from a U.S. academic
institution up to any amount that can be substantiated through payment
receipts from such institution as authorized pursuant to Sec.
515.565(a)(5).
* * * * *
(f) Nothing in this section authorizes transactions in connection
with tourist travel to Cuba.
0
4. Amend Sec. 515.563 by revising paragraph (b) to read as follows:
Sec. 515.563 Journalistic activities in Cuba.
* * * * *
(b) Specific licenses. (1) Specific licenses may be issued on a
case-by-case basis authorizing the travel-related transactions set
forth in Sec. 515.560(c) and other transactions that are directly
incident to journalistic activities in Cuba for a free-lance
journalistic project upon submission of an adequate written application
including the following documentation:
(i) A detailed itinerary and a detailed description of the proposed
journalistic activities; and
(ii) A resume or similar document showing a record of journalism.
(2) To qualify for a specific license pursuant to this section, the
itinerary in Cuba for a free-lance journalistic project must
demonstrate that the journalistic activities constitute a full work
schedule that could not be accomplished in a shorter period of time.
(3) Specific licenses may be issued pursuant to this section
authorizing transactions for multiple trips to Cuba over an extended
period of time by applicants demonstrating a significant record of
journalism.
0
5. Revise Sec. 515.565 to read as follows:
Sec. 515.565 Educational activities.
(a) General license. Accredited U.S. graduate and undergraduate
degree-granting academic institutions, including faculty, staff, and
students of such institutions, are authorized to engage in the travel-
related transactions set forth in Sec. 515.560(c) and such additional
transactions that are directly incident to:
(1) Participation in a structured educational program in Cuba as
part of a course offered for credit by the sponsoring U.S. academic
institution. An individual traveling to engage in such transactions
must carry a letter on official letterhead, signed by a designated
representative of the sponsoring U.S. academic institution, stating
that the Cuba-related travel is part of a structured educational
program of the sponsoring U.S. academic institution, and stating that
the individual is a member of the faculty or staff of that institution
or is a student currently enrolled in a graduate or undergraduate
degree program at an accredited U.S. academic institution and that the
study in Cuba will be accepted for credit toward that degree;
(2) Noncommercial academic research in Cuba specifically related to
Cuba and for the purpose of obtaining a graduate degree. A student
traveling to engage in such transactions must carry a letter on
official letterhead, signed by a designated representative of the
sponsoring U.S. academic institution, stating that the individual is a
student currently enrolled in a graduate degree program at an
accredited U.S. academic institution, and stating that the research in
Cuba will be accepted for credit toward that degree;
(3) 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. An individual traveling to engage in such transactions must
carry a letter on official letterhead, signed by a designated
representative of the sponsoring U.S. academic institution, stating
that the individual is a student currently enrolled in a graduate or
undergraduate degree program at an accredited U.S. academic institution
and that the study in Cuba will be accepted for credit toward that
degree;
(4) Teaching at a Cuban academic institution by an individual
regularly employed in a teaching capacity at the sponsoring U.S.
academic 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 traveling to engage in such transactions must carry a letter
on official letterhead, signed by a designated representative of the
sponsoring U.S. academic institution, stating that the individual is
regularly employed in a teaching capacity at that institution;
(5) Sponsorship, including the payment of a stipend or salary, 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). Such
earnings may be remitted to Cuba as provided in Sec. 515.570 or
carried on the person of the Cuban scholar returning to Cuba as
provided in Sec. 515.560(d)(3); or
(6) The organization of, and preparation for, activities described
in paragraphs (a)(1) through (a)(5) of this section by members of the
faculty and staff of the sponsoring U.S. academic institution. An
individual engaging in such transactions must carry a letter on
official letterhead, signed by a designated representative of the
sponsoring U.S. academic institution, stating that the individual is a
member of the faculty or staff of that institution, and is traveling to
engage in the transactions authorized by this paragraph on behalf of
that institution.
Note 1 to paragraph (a): U.S. academic institutions and
individual travelers must retain records related to the travel
transactions authorized pursuant to this paragraph. See Sec. Sec.
501.601 and 501.602 of this chapter for applicable recordkeeping and
reporting requirements. Exportation of equipment and other items,
including the transfer of technology or software to foreign persons
(``deemed exportation''), may require separate authorization from
the Department of Commerce.
Note 2 to paragraph (a): This paragraph authorizes all members
of the faculty and staff (including but not limited to adjunct
faculty and part-time staff) of the sponsoring U.S. academic
institution to participate in the activities described in this
paragraph. A student currently enrolled in a graduate or
undergraduate degree program at any accredited U.S. academic
institution is authorized pursuant to this paragraph to participate
in the academic activities in Cuba described above through any
sponsoring U.S. academic institution, not only through the
institution at which the student is pursuing a degree.
(b) 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 other transactions directly incident to:
(1) An individual's educational activities of the types described
in paragraphs (a)(2) through (a)(4) of this section but not authorized
by the general license contained in paragraph (a) of this section;
(2) Educational exchanges not involving academic study pursuant to
a degree program when those exchanges take place under the auspices of
an organization that sponsors and organizes such programs to promote
people-to-people contact; or
(3) Sponsorship or co-sponsorship by an accredited U.S. graduate or
undergraduate degree-granting academic institution of academic
seminars, conferences, and workshops related to Cuba or global issues
involving Cuba and attendance at such events by
[[Page 5076]]
faculty, staff, and students of the licensed institution.
(c) Transactions related to activities that are primarily tourist-
oriented, including self-directed educational activities that are
intended only for personal enrichment, will not be authorized pursuant
to this section.
(d) For the purposes of this section, the term designated
representative of the sponsoring U.S. academic institution means a
person designated by the relevant dean or the academic vice-president,
provost, or president of the institution as the official responsible
for overseeing the institution's Cuba travel program.
Note to Sec. 515.565: Accredited U.S. academic institutions
engaging in activities authorized pursuant to this section are
permitted to open and maintain accounts at Cuban financial
institutions for the purpose of accessing funds in Cuba for
transactions authorized pursuant to this section.
0
6. Revise Sec. 515.566 to read as follows:
Sec. 515.566 Religious activities in Cuba.
(a) General license. Religious organizations located in the United
States, including members and staff of such organizations, are
authorized to engage in the travel-related transactions set forth in
Sec. 515.560(c) and such additional transactions as are directly
incident to religious activities in Cuba under the auspices of the
organization. Travel-related transactions pursuant to this
authorization must be for the purpose of engaging, while in Cuba, in a
full-time program of religious activities. Financial and material
donations to Cuba or Cuban nationals are not authorized by this
paragraph (a). All individuals who engage in transactions in which Cuba
or Cuban nationals have an interest (including travel-related
transactions) pursuant to this paragraph (a) must carry with them a
letter on official letterhead, signed by a designated representative of
the U.S. religious organization, confirming that they are members or
staff of the organization and are traveling to Cuba to engage in
religious activities under the auspices of the organization.
Note to paragraph (a): U.S. religious organizations and
individual travelers must retain records related to the travel
transactions authorized pursuant to this paragraph. See Sec. Sec.
501.601 and 501.602 of this chapter for applicable recordkeeping and
reporting requirements. Financial donations require separate
authorization under Sec. 515.570. See Sec. 515.533 for an
authorization of the exportation of items from the United States to
Cuba. Exportation of items to be used in Cuba may require separate
licensing by the Department of Commerce.
(b) 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 other transactions that are directly incident to
religious activities not authorized by the general license contained in
paragraph (a) of this section. The application for the specific license
must set forth examples of religious activities to be undertaken in
Cuba. Specific licenses may be issued pursuant to this section
authorizing transactions for multiple trips over an extended period of
time to engage in a full-time program of religious activities in Cuba.
(c) For the purposes of this section, the term designated
representative of the U.S. religious organization means a person
designated as the official responsible for overseeing the
organization's Cuba travel program.
Note to Sec. 515.566: Religious organizations engaging in
activities authorized pursuant to this section are permitted to open
and maintain accounts at Cuban financial institutions for the
purpose of accessing funds in Cuba for transactions authorized
pursuant to this section.
0
7. Amend Sec. 515.567 by revising the section heading and paragraph
(b) to read as follows:
Sec. 515.567 Public performances, clinics, workshops, athletic and
other competitions, and exhibitions.
* * * * *
(b) Public performances, clinics, workshops, other athletic or non-
athletic competitions, and exhibitions. Specific licenses, including
for multiple trips to Cuba over an extended period of time, may be
issued on a case-by-case basis authorizing the travel-related
transactions set forth in Sec. 515.560(c) and other transactions that
are directly incident to participation in a public performance, clinic,
workshop, athletic competition not covered by paragraph (a) of this
section, non-athletic competition, or exhibition in Cuba by
participants in such activities, provided that:
(1) The event is open for attendance, and in relevant situations
participation, by the Cuban public;
(2) All U.S. profits from the event after costs are donated to an
independent nongovernmental organization in Cuba or a U.S.-based
charity, with the objective, to the extent possible, of promoting
people-to-people contacts or otherwise benefiting the Cuban people; and
(3) Any clinics or workshops in Cuba must be organized and run, at
least in part, by the licensee.
* * * * *
0
8. Revise Sec. 515.570 to read as follows:
Sec. 515.570 Remittances.
(a) Family remittances authorized. Persons subject to the
jurisdiction of the United States who are 18 years of age or older are
authorized to make remittances to nationals of Cuba who are close
relatives, as defined in Sec. 515.339 of this part, of the remitter,
provided that:
(1) The remittances are not made from a blocked source. Certain
remittances from blocked accounts are authorized pursuant to paragraph
(f) of this section;
(2) The recipient is not a prohibited official of the Government of
Cuba, as defined in Sec. 515.337 of this part, or a prohibited member
of the Cuban Communist Party, as defined in Sec. 515.338 of this part;
and
(3) The remittances are not made for emigration-related purposes.
Remittances for emigration-related purposes are addressed by paragraph
(e) of this section.
(b) Periodic $500 remittances authorized. Persons subject to the
jurisdiction of the United States are authorized to make remittances to
Cuban nationals, including, but not limited to, remittances to support
the development of private businesses, provided that:
(1) The remitter's total remittances pursuant to paragraph (b) of
this section to any one Cuban national do not exceed $500 in any
consecutive three-month period;
(2) The remittances are not made from a blocked source;
(3) The recipient is not a prohibited official of the Government of
Cuba, as defined in Sec. 515.337 of this part, or a prohibited member
of the Cuban Communist Party, as defined in Sec. 515.338 of this part;
(4) The remittances are not made for emigration-related purposes.
Remittances for emigration-related purposes are addressed by paragraph
(e) of this section; and
(5) The remitter, if an individual, is 18 years of age or older.
(c) Remittances to religious organizations in Cuba authorized.
Persons subject to the jurisdiction of the United States are authorized
to make remittances to religious organizations in Cuba in support of
religious activities, provided that the remittances are not made from a
blocked source and that the remitter, if an individual, is 18 years of
age or older.
(d) Remittances to students in Cuba pursuant to an educational
license authorized. Persons subject to the jurisdiction of the United
States who are 18 years of age or older are authorized
[[Page 5077]]
to make remittances to close relatives, as defined in Sec. 515.339 of
this part, who are students in Cuba pursuant to the general license
authorizing certain educational activities in Sec. 515.565(a) of this
part or a specific license issued pursuant to Sec. 515.565(b) of this
part, provided that the remittances are not made from a blocked source
and are for the purpose of funding transactions authorized by the
general license in Sec. 515.565(a) of this part or the specific
license issued pursuant to Sec. 515.565(b) of this part under which
the student is traveling.
(e) Two one-time $1,000 emigration-related remittances authorized.
Persons subject to the jurisdiction of the United States are authorized
to remit the following amounts:
(1) Up to $1,000 per payee on a one-time basis to Cuban nationals
for the purpose of covering the payees' preliminary expenses associated
with emigrating from Cuba to the United States. These remittances may
be sent before the payees have received valid visas issued by the State
Department or other approved U.S. immigration documents, but may not be
carried by a licensed traveler to Cuba until the payees have received
valid visas issued by the State Department or other approved U.S.
immigration documents. See Sec. 515.560(c)(4) of this part for the
rules regarding the carrying of authorized remittances to Cuba. These
remittances may not be made from a blocked source unless authorized
pursuant to paragraph (f) of this section.
(2) Up to an additional $1,000 per payee on a one-time basis to
Cuban nationals for the purpose of enabling the payees to emigrate from
Cuba to the United States, including for the purchase of airline
tickets and payment of exit or third-country visa fees or other travel-
related fees. These remittances may be sent only once the payees have
received valid visas issued by the State Department or other approved
U.S. immigration documents. A remitter must be able to provide the visa
recipients' full names, dates of birth, visa numbers, and visa dates of
issuance. See Sec. 515.560(c)(4) of this part for the rules regarding
the carrying of authorized remittances to Cuba. These remittances may
not be made from a blocked source unless authorized pursuant to
paragraph (f) of this section.
(f) Certain remittances from blocked sources authorized. Provided
the recipient is not a prohibited official of the Government of Cuba,
as defined in Sec. 515.337 of this part, or a prohibited member of the
Cuban Communist Party, as defined in Sec. 515.338 of this part,
certain remittances from blocked sources are authorized as follows:
(1) Funds deposited in a blocked account in a banking institution
in the United States held in the name of, or in which the beneficial
interest is held by, a national of Cuba as a result of a valid
testamentary disposition, intestate succession, or payment from a life
insurance policy or annuity contract triggered by the death of the
policy or contract holder may be remitted:
(i) To that national of Cuba, provided that s/he is a close
relative, as defined in Sec. 515.339 of this part, of the decedent;
(ii) To that national of Cuba as emigration-related remittances in
the amounts and consistent with the criteria set forth in paragraph (e)
of this section.
(2) Up to $300 in any consecutive three-month period may be
remitted from any blocked account in a banking institution in the
United States to a Cuban national in a third country who is an
individual in whose name, or for whose beneficial interest, the account
is held.
(g) Specific licenses. Specific licenses may be issued on a case-
by-case basis authorizing the following:
(1) Remittances by persons subject to U.S. jurisdiction to
independent non-governmental entities in Cuba, including but not
limited to pro-democracy groups and civil society groups, and to
members of such groups or organizations, or to individuals or
independent non-governmental entities to support the development of
private businesses, including small farms;
(2) Remittances from a blocked account to a Cuban national in
excess of the amount specified in paragraph (f)(2) of this section; or
(3) Remittances by persons subject to U.S. jurisdiction to a person
in Cuba, directly or indirectly, for transactions to facilitate non-
immigrant travel by an individual in Cuba to the United States under
circumstances where humanitarian need is demonstrated, including but
not limited to illness or other medical emergency.
Note to Sec. 515.570: For the rules relating to the carrying of
remittances to Cuba, see Sec. 515.560(c)(4) of this part. Persons
subject to U.S. jurisdiction are prohibited from engaging in the
collection or forwarding of remittances to Cuba unless authorized
pursuant to Sec. 515.572. For a list of authorized U.S. remittance
service providers other than depository institutions, see the ``List
of Authorized Providers of Air, Travel and Remittance Forwarding
Services to Cuba'' available from OFAC's Web site (http://www.treasury.gov/ofac).
0
9. Amend Sec. 515.571 by revising paragraph (a)(5)(i) and the note to
Sec. 515.571 to read as follows:
Sec. 515.571 Certain transactions incident to travel to, from, and
within the United States by Cuban nationals.
(a) * * *
(5) * * *
(i) This paragraph (a)(5) does not authorize receipt of
compensation in excess of amounts covering living expenses and the
acquisition of goods for personal consumption. See Sec. 515.565(a)(5)
of this part for an authorization of payments to certain Cuban scholars
of stipends or salaries that exceed this limit.
* * * * *
Note to Sec. 515.571: For the authorization of certain
transactions by Cuban nationals who become U.S. citizens, apply for
or receive U.S. permanent resident alien status, or are lawfully
present in the United States in a non-visitor status, see Sec.
515.505 of this part.
0
10. Amend Sec. 515.577 by revising the paragraph (a) introductory text
to read as follows:
Sec. 515.577 Authorized transactions necessary and ordinarily
incident to publishing.
(a) To the extent that such activities are not exempt from this
part, and subject to the restrictions set forth in paragraphs (b)
through (d) of this section, persons subject to the jurisdiction of the
United States are authorized to engage in all transactions necessary
and ordinarily incident to the publishing and marketing of manuscripts,
books, journals, and newspapers in paper or electronic format
(collectively, ``written publications''). This section does not apply
if the parties to the transactions described in this paragraph include
the Government of Cuba. For the purposes of this section, the term
``Government of Cuba'' includes the state and the Government of Cuba,
as well as any political subdivision, agency, or instrumentality
thereof, including the Central Bank of Cuba; prohibited officials of
the Government of Cuba, as defined in Sec. 515.337 of this part;
prohibited members of the Cuban Communist Party, as defined in Sec.
515.338 of this part; employees of the Ministry of Justice; and any
person acting or purporting to act directly or indirectly on behalf of
any of the foregoing with respect to the transactions described in this
paragraph. For the purposes of this section, the term ``Government of
Cuba'' does not include any academic and research institutions and
their personnel. Pursuant to this section, the following
[[Page 5078]]
activities are authorized, provided that persons subject to the
jurisdiction of the United States ensure that they are not engaging,
without separate authorization, in the activities identified in
paragraphs (b) through (d) of this section:
* * * * *
Dated: January 25, 2011.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2011-1969 Filed 1-27-11; 8:45 am]
BILLING CODE 4810-AL-P