Cuban Assets Control Regulations, 5072-5078 [2011-1969]

Agencies

• DEPARTMENT OF THE TREASURY
• Office of Foreign Assets Control

[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Rules and Regulations]
[Pages 5072-5078]
From the Federal Register Online via the Government Printing 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 (https://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 (https://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