Strengthening the Policy of the United States Toward Cuba, 48875-48878 [2017-22928]
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Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
Amendment 2.
SMALL BUSINESS ADMINISTRATION
ACTION:
[Disaster Declaration #15291 and #15292;
TEXAS Disaster Number TX–00488]
SUMMARY:
Presidential Declaration Amendment of
a Major Disaster for Public Assistance
Only for the State of Texas
U.S. Small Business
Administration.
ACTION: Amendment 4.
AGENCY:
This is an amendment of the
Presidential declaration of a major
disaster for the State of California
(FEMA–4344–DR), dated 10/12/2017.
Incident: Wildfires.
Incident Period: 10/08/2017 and
continuing.
Issued on 10/14/2017.
Physical Loan Application Deadline
Date: 12/11/2017.
Economic Injury (EIDL) Loan
Application Deadline Date: 07/12/2018.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for the State of California,
dated 10/12/2017, is hereby amended to
include the following areas as adversely
affected by the disaster:
Primary Counties (Physical Damage and
Economic Injury Loans): Butte,
Lake, Mendocino, Yuba
Contiguous Counties (Economic Injury
Loans Only):
California: Colusa, Glenn, Humboldt,
Nevada, Placer, Plumas, Sierra,
Sutter, Tehama, Trinity
All other information in the original
declaration remains unchanged.
DATES:
This is an amendment of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of Texas (FEMA–4332–DR),
dated 09/04/2017.
Incident: Hurricane Harvey.
Incident Period: 08/23/2017 through
09/15/2017.
DATES: Issued on 10/11/2017.
Physical Loan Application Deadline
Date: 11/03/2017.
Economic Injury (EIDL) Loan
Application Deadline Date: 06/04/2018.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: The notice
of the President’s major disaster
declaration for Private Non-Profit
organizations in the State of TEXAS,
dated 09/04/2017, is hereby amended to
include the following areas as adversely
affected by the disaster.
Primary Counties: Caldwell, Comal,
Dewitt, Gonzales, Guadalupe, Jim
Wells, Lavaca, Milam, Sabine, San
Augustine
All other information in the original
declaration remains unchanged.
SUMMARY:
(Catalog of Federal Domestic Assistance
Number 59008)
Rafaela Monchek,
Acting Associate Administrator for Disaster
Assistance.
[FR Doc. 2017–22764 Filed 10–19–17; 8:45 am]
BILLING CODE 8025–01–P
(Catalog of Federal Domestic Assistance
Number 59008)
STATE DEPARTMENT
[FR Doc. 2017–22809 Filed 10–19–17; 8:45 am]
Overseas Security Advisory Council
(OSAC) Meeting Notice; Closed
Meeting
[Public Notice: 10173]
srobinson on DSKBC5CHB2PROD with NOTICES
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #15352 and #15353;
CALIFORNIA Disaster Number CA–00279]
Presidential Declaration Amendment of
a Major Disaster for the State of
California
U.S. Small Business
Administration.
AGENCY:
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16:22 Oct 19, 2017
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The Department of State announces a
meeting of the U.S. State Department—
Overseas Security Advisory Council on
November 14, 2017. Pursuant to Section
10(d) of the Federal Advisory
Committee Act (5 U.S.C. Appendix), 5
U.S.C. 552b(c)(4), and 5 U.S.C.
552b(c)(7)(E), it has been determined
that the meeting will be closed to the
public. The meeting will focus on an
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examination of corporate security
policies and procedures and will
involve extensive discussion of trade
secrets and proprietary commercial
information that is privileged and
confidential, and will discuss law
enforcement investigative techniques
and procedures. The agenda will
include updated committee reports, a
global threat overview, and other
matters relating to private sector
security policies and protective
programs and the protection of U.S.
business information overseas.
For More Information Contact: Marsha
Thurman, Overseas Security Advisory
Council, U.S. Department of State,
Washington, DC 20522–2008, phone:
571–345–2214.
Thomas G. Scanlon,
Executive Director, Overseas Security
Advisory Council, Department of State.
[FR Doc. 2017–22837 Filed 10–19–17; 8:45 am]
BILLING CODE 4710–43–P
DEPARTMENT OF STATE
[Public Notice: 10178]
Strengthening the Policy of the United
States Toward Cuba
Department of State.
Notice.
AGENCY:
ACTION:
National Security Presidential
Memorandum NSPM–5 entitled
‘‘Strengthening the Policy of the United
States Toward Cuba’’ was issued by the
President on June 16, 2017. The
memorandum outlines the
Administration’s policy toward Cuba
and policy implementation actions to be
taken by heads of departments and
agencies. The President authorized and
directed the Secretary of State to
publish this memorandum in the
Federal Register. The text of the
memorandum is set out below.
Janet Freer,
Director, Office of Directives Management,
Bureau of Administration, Department of
State.
James E. Rivera,
Associate Administrator for Disaster
Assistance.
BILLING CODE 8025–01–P
48875
National Security Presidential
Memorandum on Strengthening the
Policy of the United States Toward Cuba
MEMORANDUM FOR THE VICE
PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE
TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF HEALTH AND
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Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
HUMAN SERVICES
THE SECRETARY OF
TRANSPORTATION
THE SECRETARY OF HOMELAND
SECURITY
THE DIRECTOR OF NATIONAL
INTELLIGENCE
THE DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY
THE CHAIRMAN OF THE JOINT
CHIEFS OF STAFF
THE ASSISTANT TO THE
PRESIDENT AND CHIEF OF STAFF
THE DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET
THE ASSISTANT TO THE
PRESIDENT FOR NATIONAL
SECURITY AFFAIRS
THE ASSISTANT TO THE
PRESIDENT FOR HOMELAND
SECURITY AND
COUNTERTERRORISM
THE COUNSEL TO THE PRESIDENT
THE ASSISTANT TO THE
PRESIDENT FOR ECONOMIC
AFFAIRS
THE UNITED STATES TRADE
REPRESENTATIVE
THE DIRECTOR OF THE OFFICE OF
SCIENCE AND TECHNOLOGY
POLICY
THE REPRESENTATIVE OF THE
UNITED STATES TO THE UNITED
NATIONS
THE ADMINISTRATOR OF THE
SMALL BUSINESS
ADMINISTRATION
THE ADMINISTRATOR OF THE
UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
THE DIRECTOR OF THE OFFICE OF
PERSONNEL MANAGEMENT
srobinson on DSKBC5CHB2PROD with NOTICES
Section 1. Purpose.
The United States recognizes the need
for more freedom and democracy,
improved respect for human rights, and
increased free enterprise in Cuba. The
Cuban people have long suffered under
a Communist regime that suppresses
their legitimate aspirations for freedom
and prosperity and fails to respect their
essential human dignity.
My Administration’s policy will be
guided by the national security and
foreign policy interests of the United
States, as well as solidarity with the
Cuban people. I will seek to promote a
stable, prosperous, and free country for
the Cuban people. To that end, we must
channel funds toward the Cuban people
and away from a regime that has failed
to meet the most basic requirements of
a free and just society.
In Cuba, dissidents and peaceful
protesters are arbitrarily detained and
held in terrible prison conditions.
Violence and intimidation against
dissidents occurs with impunity.
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Families of political prisoners are not
allowed to assemble or peacefully
protest the improper confinement of
their loved ones. Worshippers are
harassed, and free association by civil
society organizations is blocked. The
right to speak freely, including through
access to the Internet, is denied, and
there is no free press. The United States
condemns these abuses.
The initial actions set forth in this
memorandum, including restricting
certain financial transactions and travel,
encourage the Cuban government to
address these abuses. My
Administration will continue to
evaluate its policies so as to improve
human rights, encourage the rule of law,
foster free markets and free enterprise,
and promote democracy in Cuba.
Sec. 2. Policy.
It shall be the policy of the executive
branch to:
(a) End economic practices that
disproportionately benefit the Cuban
government or its military, intelligence,
or security agencies or personnel at the
expense of the Cuban people.
(b) Ensure adherence to the statutory
ban on tourism to Cuba.
(c) Support the economic embargo of
Cuba described in section 4(7) of the
Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (the
embargo), including by opposing
measures that call for an end to the
embargo at the United Nations and other
international forums and through
regular reporting on whether the
conditions of a transition government
exist in Cuba.
(d) Amplify efforts to support the
Cuban people through the expansion of
internet services, free press, free
enterprise, free association, and lawful
travel.
(e) Not reinstate the ‘‘Wet Foot, Dry
Foot’’ policy, which encouraged untold
thousands of Cuban nationals to risk
their lives to travel unlawfully to the
United States.
(f) Ensure that engagement between
the United States and Cuba advances
the interests of the United States and the
Cuban people. These interests include:
advancing Cuban human rights;
encouraging the growth of a Cuban
private sector independent of
government control; enforcing final
orders of removal against Cuban
nationals in the United States;
protecting the national security and
public health and safety of the United
States, including through proper
engagement on criminal cases and
working to ensure the return of fugitives
from American justice living in Cuba or
being harbored by the Cuban
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government; supporting United States
agriculture and protecting plant and
animal health; advancing the
understanding of the United States
regarding scientific and environmental
challenges; and facilitating safe civil
aviation.
Sec. 3. Implementation.
The heads of departments and agencies
shall begin to implement the policy set
forth in section 2 of this memorandum
as follows:
(a) Within 30 days of the date of this
memorandum, the Secretary of the
Treasury and the Secretary of
Commerce, as appropriate and in
coordination with the Secretary of State
and the Secretary of Transportation,
shall initiate a process to adjust current
regulations regarding transactions with
Cuba.
(i) As part of the regulatory changes
described in this subsection, the
Secretary of State shall identify the
entities or subentities, as appropriate,
that are under the control of, or act for
or on behalf of, the Cuban military,
intelligence, or security services or
personnel (such as Grupo de
Administracion Empresarial S.A.
(GAESA), its affiliates, subsidiaries, and
successors), and publish a list of those
identified entities and subentities with
which direct financial transactions
would disproportionately benefit such
services or personnel at the expense of
the Cuban people or private enterprise
in Cuba.
(ii) Except as provided in subsection
(a)(iii) of this section, the regulatory
changes described in this subsection
shall prohibit direct financial
transactions with those entities or
subentities on the list published
pursuant to subsection (a)(i) of this
section.
(iii) The regulatory changes shall not
prohibit transactions that the Secretary
of the Treasury or the Secretary of
Commerce, in coordination with the
Secretary of State, determines are
consistent with the policy set forth in
section 2 of this memorandum and:
(A) concern Federal Government
operations, including Naval Station
Guantanamo Bay and the United States
mission in Havana;
(B) support programs to build
democracy in Cuba;
(C) concern air and sea operations that
support permissible travel, cargo, or
trade;
(D) support the acquisition of visas for
permissible travel;
(E) support the expansion of direct
telecommunications and internet access
for the Cuban people;
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Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
(F) support the sale of agricultural
commodities, medicines, and medical
devices sold to Cuba consistent with the
Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C.
7201 et seq.) and the Cuban Democracy
Act of 2002 (22 U.S.C. 6001 et seq.);
(G) relate to sending, processing, or
receiving authorized remittances;
(H) otherwise further the national
security or foreign policy interests of the
United States; or
(I) are required by law.
(b) Within 30 days of the date of this
memorandum, the Secretary of the
Treasury, in coordination with the
Secretary of State, shall initiate a
process to adjust current regulations to
ensure adherence to the statutory ban on
tourism to Cuba.
(i) The amended regulations shall
require that educational travel be for
legitimate educational purposes. Except
for educational travel that was
permitted by regulation in effect on
January 27, 2011, all educational travel
shall be under the auspices of an
organization subject to the jurisdiction
of the United States, and all such
travelers must be accompanied by a
representative of the sponsoring
organization.
(ii) The regulations shall further
require that those traveling for the
permissible purposes of non academic
education or to provide support for the
Cuban people:
(A) engage in a full-time schedule of
activities that enhance contact with the
Cuban people, support civil society in
Cuba, or promote the Cuban people’s
independence from Cuban authorities;
and
(B) meaningfully interact with
individuals in Cuba.
(iii) The regulations shall continue to
provide that every person engaging in
travel to Cuba shall keep full and
accurate records of all transactions
related to authorized travel, regardless
of whether they were effected pursuant
to license or otherwise, and such
records shall be available for
examination by the Department of the
Treasury for at least 5 years after the
date they occur.
(iv) The Secretary of State, the
Secretary of the Treasury, the Secretary
of Commerce, and the Secretary of
Transportation shall review their
agency’s enforcement of all categories of
permissible travel within 90 days of the
date the regulations described in this
subsection are finalized to ensure such
enforcement accords with the policies
outlined in section 2 of this
memorandum.
(c) The Secretary of the Treasury shall
regularly audit travel to Cuba to ensure
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that travelers are complying with
relevant statutes and regulations. The
Secretary of the Treasury shall request
that the Inspector General of the
Department of the Treasury inspect the
activities taken by the Department of the
Treasury to implement this audit
requirement. The Inspector General of
the Department of the Treasury shall
provide a report to the President,
through the Secretary of the Treasury,
summarizing the results of that
inspection within 180 days of the
adjustment of current regulations
described in subsection (b) of this
section and annually thereafter.
(d) The Secretary of the Treasury shall
adjust the Department of the Treasury’s
current regulation defining the term
‘‘prohibited officials of the Government
of Cuba’’ so that, for purposes of title 31,
part 515 of the Code of Federal
Regulations, it includes Ministers and
Vice-Ministers, members of the Council
of State and the Council of Ministers;
members and employees of the National
Assembly of People’s Power; members
of any provincial assembly; local sector
chiefs of the Committees for the Defense
of the Revolution; Director Generals and
sub-Director Generals and higher of all
Cuban ministries and state agencies;
employees of the Ministry of the Interior
(MININT); employees of the Ministry of
Defense (MINFAR); secretaries and first
secretaries of the Confederation of Labor
of Cuba (CTC) and its component
unions; chief editors, editors, and
deputy editors of Cuban state-run media
organizations and programs, including
newspapers, television, and radio; and
members and employees of the Supreme
Court (Tribuno Supremo Nacional).
(e) The Secretary of State and the
Representative of the United States to
the United Nations shall oppose efforts
at the United Nations or (with respect to
the Secretary of State) any other
international forum to lift the embargo
until a transition government in Cuba,
as described in section 205 of the
LIBERTAD Act, exists.
(f) The Secretary of State, in
coordination with the Attorney General,
shall provide a report to the President
assessing whether and to what degree
the Cuban government has satisfied the
requirements of a transition government
as described in section 205(a) of the
LIBERTAD Act, taking into account the
additional factors listed in section
205(b) of that Act. This report shall
include a review of human rights abuses
committed against the Cuban people,
such as unlawful detentions, arbitrary
arrests, and inhumane treatment.
(g) The Attorney General shall, within
90 days of the date of this
memorandum, issue a report to the
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48877
President on issues related to fugitives
from American justice living in Cuba or
being harbored by the Cuban
government.
(h) The Secretary of State and the
Administrator of the United States
Agency for International Development
shall review all democracy development
programs of the Federal Government in
Cuba to ensure that they align with the
criteria set forth in section 109(a) of the
LIBERTAD Act.
(i) The Secretary of State shall
convene a task force, composed of
relevant departments and agencies,
including the Office of Cuba
Broadcasting, and appropriate nongovernmental organizations and privatesector entities, to examine the
technological challenges and
opportunities for expanding internet
access in Cuba, including through
Federal Government support of
programs and activities that encourage
freedom of expression through
independent media and internet
freedom so that the Cuban people can
enjoy the free and unregulated flow of
information.
(j) The Secretary of State and the
Secretary of Homeland Security shall
continue to discourage dangerous,
unlawful migration that puts Cuban and
American lives at risk. The Secretary of
Defense shall continue to provide
support, as necessary, to the Department
of State and the Department of
Homeland Security in carrying out the
duties regarding interdiction of
migrants.
(k) The Secretary of State, in
coordination with the Secretary of the
Treasury, the Secretary of Defense, the
Attorney General, the Secretary of
Commerce, and the Secretary of
Homeland Security, shall annually
report to the President regarding the
engagement of the United States with
Cuba to ensure that engagement is
advancing the interests of the United
States.
(l) All activities conducted pursuant
to subsections (a) through (k) of this
section shall be carried out in a manner
that furthers the interests of the United
States, including by appropriately
protecting sensitive sources, methods,
and operations of the Federal
Government.
Sec. 4. Earlier Presidential Actions.
(a) This memorandum supersedes and
replaces both National Security
Presidential Directive-52 of June 28,
2007, U.S. Policy toward Cuba, and
Presidential Policy Directive-43 of
October 14, 2016, United States-Cuba
Normalization.
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Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices
(b) This memorandum does not affect
either Executive Order 12807 of May 24,
1992, Interdiction of Illegal Aliens, or
Executive Order 13276 of November 15,
2002, Delegation of Responsibilities
Concerning Undocumented Aliens
Interdicted or Intercepted in the
Caribbean Region.
Sec. 5. General Provisions.
(a) Nothing in this memorandum shall
be construed to impair or otherwise
affect:
(i) the authority granted by law to an
executive department or agency, or the
head thereof; or
(ii) the functions of the Director of the
Office of Management and Budget
relating to budgetary, administrative, or
legislative proposals.
(b) This memorandum shall be
implemented consistent with applicable
laws and subject to the availability of
appropriations.
(c) This memorandum is not intended
to, and does not, create any right or
benefit, substantive or procedural,
enforceable at law or in equity by any
party against the United States, its
departments, agencies, or entities, its
officers, employees, or agents, or any
other person.
(d) The Secretary of State is hereby
authorized and directed to publish this
memorandum in the Federal Register.
Donald J. Trump
[FR Doc. 2017–22928 Filed 10–19–17; 8:45 am]
BILLING CODE 4710–10–P
SURFACE TRANSPORTATION BOARD
[Docket No. FD 36147]
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Chesapeake and Indiana Railroad
Company—Amended Operation
Exemption—Town of North Judson,
Ind.
Chesapeake and Indiana Railroad
Company (CKIN), a Class III rail carrier,
has filed a verified notice of exemption
under 49 CFR 1150.41 to continue to
operate an approximately 27.92-mile
line of railroad owned by the Town of
North Judson, Ind. (Town). The rail line
extends between milepost CF 0.23, at
Lacrosse, and milepost CF 15.23, at
Wellsboro, and between milepost CI
218.0, at English Lake, and milepost CI
230.92, at Malden, in LaPorte, Porter,
and Starke Counties, Ind. (the Line).
According to CKIN, the Board
originally authorized CKIN’s operation
of the Line in 2004. See Chesapeake &
Ind. R.R.—Operation Exemption—Town
of N. Judson, Ind., FD 34529 (STB
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served Aug. 20, 2004).1 On September
11, 2017, CKIN and the Town entered
into a new 10-year agreement for CKIN
to continue to operate over the Line.2
CKIN states that the amended operating
agreement will take effect on the
effective date of this notice of
exemption.
CKIN certifies that its projected
annual revenues as a result of this
transaction will not result in the
creation of a Class I or Class II rail
carrier and will not exceed $5 million.
CKIN also states that there are no
provisions or agreements limiting
interchange with other carriers.
The transaction may be consummated
on or after November 4, 2017, the
effective date of the exemption (30 days
after the verified notice of exemption
was filed).
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than October 27, 2017
(at least seven days before the
exemption becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No. FD
36147, must be filed with the Surface
Transportation Board, 395 E Street SW.,
Washington, DC 20423–0001. In
addition, a copy of each pleading must
be served on applicant’s representative,
John D. Heffner, Strasburger & Price,
LLP, 1025 Connecticut Avenue NW.,
Suite 717, Washington, DC 20036.
According to CKIN, this action is
categorically excluded from
environmental review under 49 CFR
1105.6(c).
Board decisions and notices are
available on our Web site at
WWW.STB.GOV.
Decided: October 17, 2017.
1 CKIN states that it was selected by the Town to
operate the Line pursuant to an Operating
Agreement executed on July 31, 2004, and expiring
on December 31, 2015. Subsequently, the parties
extended the operating agreement, first until May
15, 2016, and later until August 15, 2016. During
these extensions, CKIN initiated litigation in state
court and brought a petition before the Board that
was later denied. See CSX Transp., Inc.—Aban.
Exemption—in LaPorte, Porter, & Starke Ctys., Ind.,
AB 55 (Sub-No. 643X) et al. (STB served May 31,
2017). Ultimately, the parties reached a mutually
satisfactory settlement. See CSX Transp., Inc.—
Aban. Exemption—in LaPorte, Porter, & Starke
Ctys., Ind., AB 55 (Sub-No. 643X) et al. (STB served
Oct. 2, 2017).
2 CKIN states that the parties’ operating agreement
is automatically renewable at CKIN’s option for two
additional five-year terms, for a total occupancy of
20 years.
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By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings.
Marline Simeon,
Clearance Clerk.
[FR Doc. 2017–22817 Filed 10–19–17; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. FHWA–2017–0007]
Fixing America’s Surface
Transportation (FAST) Act; Solicitation
for Candidate Projects in the Interstate
System Reconstruction and
Rehabilitation Pilot Program (ISRRPP)
Federal Highway
Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice; solicitation for
applications.
AGENCY:
The FHWA invites State
transportation departments to submit
applications for candidate projects in
the Interstate System Reconstruction
and Rehabilitation Pilot Program
(ISRRPP), authorized in the
Transportation Equity Act for the 21st
Century and amended by the Fixing
America’s Surface Transportation
(FAST) Act. Under the ISRRPP, FHWA
may permit up to three States to collect
tolls on a facility on the Interstate
System for the purpose of reconstructing
or rehabilitating Interstate highway
corridors that could not otherwise be
adequately maintained or functionally
improved without the collection of tolls.
This notice describes general program
provisions, eligibility and selection
criteria, and the application submission
and evaluation process.
DATES: Applications are due to FHWA
Division Offices by February 20, 2018.
The FHWA will review these
submissions and award up to three
provisional approvals to States that will
be expected to fully satisfy the ISRRPP
criteria within 3 years. Should FHWA
award fewer than three provisional
approvals, it will re-solicit for
applications at a future date.
The FHWA will conduct an
information session regarding the
ISRRPP in the form of a Webinar on
November 13, 2017 at 2:00 p.m., e.t. For
more information, please visit: https://
www.fhwa.dot.gov/ipd/revenue/road_
pricing/tolling_pricing/interstate_
rr.aspx.
SUMMARY:
For
questions about the pilot program: Ms.
Cynthia Essenmacher, Center for
Innovative Finance Support, Office of
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48875-48878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22928]
-----------------------------------------------------------------------
DEPARTMENT OF STATE
[Public Notice: 10178]
Strengthening the Policy of the United States Toward Cuba
AGENCY: Department of State.
ACTION: Notice.
-----------------------------------------------------------------------
National Security Presidential Memorandum NSPM-5 entitled
``Strengthening the Policy of the United States Toward Cuba'' was
issued by the President on June 16, 2017. The memorandum outlines the
Administration's policy toward Cuba and policy implementation actions
to be taken by heads of departments and agencies. The President
authorized and directed the Secretary of State to publish this
memorandum in the Federal Register. The text of the memorandum is set
out below.
Janet Freer,
Director, Office of Directives Management, Bureau of Administration,
Department of State.
National Security Presidential Memorandum on Strengthening the Policy
of the United States Toward Cuba
MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF HEALTH AND
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HUMAN SERVICES
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF HOMELAND SECURITY
THE DIRECTOR OF NATIONAL INTELLIGENCE
THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
THE ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS
THE ASSISTANT TO THE PRESIDENT FOR HOMELAND SECURITY AND
COUNTERTERRORISM
THE COUNSEL TO THE PRESIDENT
THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC AFFAIRS
THE UNITED STATES TRADE REPRESENTATIVE
THE DIRECTOR OF THE OFFICE OF SCIENCE AND TECHNOLOGY POLICY
THE REPRESENTATIVE OF THE UNITED STATES TO THE UNITED NATIONS
THE ADMINISTRATOR OF THE SMALL BUSINESS ADMINISTRATION
THE ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT
Section 1. Purpose.
The United States recognizes the need for more freedom and
democracy, improved respect for human rights, and increased free
enterprise in Cuba. The Cuban people have long suffered under a
Communist regime that suppresses their legitimate aspirations for
freedom and prosperity and fails to respect their essential human
dignity.
My Administration's policy will be guided by the national security
and foreign policy interests of the United States, as well as
solidarity with the Cuban people. I will seek to promote a stable,
prosperous, and free country for the Cuban people. To that end, we must
channel funds toward the Cuban people and away from a regime that has
failed to meet the most basic requirements of a free and just society.
In Cuba, dissidents and peaceful protesters are arbitrarily
detained and held in terrible prison conditions. Violence and
intimidation against dissidents occurs with impunity. Families of
political prisoners are not allowed to assemble or peacefully protest
the improper confinement of their loved ones. Worshippers are harassed,
and free association by civil society organizations is blocked. The
right to speak freely, including through access to the Internet, is
denied, and there is no free press. The United States condemns these
abuses.
The initial actions set forth in this memorandum, including
restricting certain financial transactions and travel, encourage the
Cuban government to address these abuses. My Administration will
continue to evaluate its policies so as to improve human rights,
encourage the rule of law, foster free markets and free enterprise, and
promote democracy in Cuba.
Sec. 2. Policy.
It shall be the policy of the executive branch to:
(a) End economic practices that disproportionately benefit the
Cuban government or its military, intelligence, or security agencies or
personnel at the expense of the Cuban people.
(b) Ensure adherence to the statutory ban on tourism to Cuba.
(c) Support the economic embargo of Cuba described in section 4(7)
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
(the embargo), including by opposing measures that call for an end to
the embargo at the United Nations and other international forums and
through regular reporting on whether the conditions of a transition
government exist in Cuba.
(d) Amplify efforts to support the Cuban people through the
expansion of internet services, free press, free enterprise, free
association, and lawful travel.
(e) Not reinstate the ``Wet Foot, Dry Foot'' policy, which
encouraged untold thousands of Cuban nationals to risk their lives to
travel unlawfully to the United States.
(f) Ensure that engagement between the United States and Cuba
advances the interests of the United States and the Cuban people. These
interests include: advancing Cuban human rights; encouraging the growth
of a Cuban private sector independent of government control; enforcing
final orders of removal against Cuban nationals in the United States;
protecting the national security and public health and safety of the
United States, including through proper engagement on criminal cases
and working to ensure the return of fugitives from American justice
living in Cuba or being harbored by the Cuban government; supporting
United States agriculture and protecting plant and animal health;
advancing the understanding of the United States regarding scientific
and environmental challenges; and facilitating safe civil aviation.
Sec. 3. Implementation.
The heads of departments and agencies shall begin to implement the
policy set forth in section 2 of this memorandum as follows:
(a) Within 30 days of the date of this memorandum, the Secretary of
the Treasury and the Secretary of Commerce, as appropriate and in
coordination with the Secretary of State and the Secretary of
Transportation, shall initiate a process to adjust current regulations
regarding transactions with Cuba.
(i) As part of the regulatory changes described in this subsection,
the Secretary of State shall identify the entities or subentities, as
appropriate, that are under the control of, or act for or on behalf of,
the Cuban military, intelligence, or security services or personnel
(such as Grupo de Administracion Empresarial S.A. (GAESA), its
affiliates, subsidiaries, and successors), and publish a list of those
identified entities and subentities with which direct financial
transactions would disproportionately benefit such services or
personnel at the expense of the Cuban people or private enterprise in
Cuba.
(ii) Except as provided in subsection (a)(iii) of this section, the
regulatory changes described in this subsection shall prohibit direct
financial transactions with those entities or subentities on the list
published pursuant to subsection (a)(i) of this section.
(iii) The regulatory changes shall not prohibit transactions that
the Secretary of the Treasury or the Secretary of Commerce, in
coordination with the Secretary of State, determines are consistent
with the policy set forth in section 2 of this memorandum and:
(A) concern Federal Government operations, including Naval Station
Guantanamo Bay and the United States mission in Havana;
(B) support programs to build democracy in Cuba;
(C) concern air and sea operations that support permissible travel,
cargo, or trade;
(D) support the acquisition of visas for permissible travel;
(E) support the expansion of direct telecommunications and internet
access for the Cuban people;
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(F) support the sale of agricultural commodities, medicines, and
medical devices sold to Cuba consistent with the Trade Sanctions Reform
and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and the
Cuban Democracy Act of 2002 (22 U.S.C. 6001 et seq.);
(G) relate to sending, processing, or receiving authorized
remittances;
(H) otherwise further the national security or foreign policy
interests of the United States; or
(I) are required by law.
(b) Within 30 days of the date of this memorandum, the Secretary of
the Treasury, in coordination with the Secretary of State, shall
initiate a process to adjust current regulations to ensure adherence to
the statutory ban on tourism to Cuba.
(i) The amended regulations shall require that educational travel
be for legitimate educational purposes. Except for educational travel
that was permitted by regulation in effect on January 27, 2011, all
educational travel shall be under the auspices of an organization
subject to the jurisdiction of the United States, and all such
travelers must be accompanied by a representative of the sponsoring
organization.
(ii) The regulations shall further require that those traveling for
the permissible purposes of non academic education or to provide
support for the Cuban people:
(A) engage in a full-time schedule of activities that enhance
contact with the Cuban people, support civil society in Cuba, or
promote the Cuban people's independence from Cuban authorities; and
(B) meaningfully interact with individuals in Cuba.
(iii) The regulations shall continue to provide that every person
engaging in travel to Cuba shall keep full and accurate records of all
transactions related to authorized travel, regardless of whether they
were effected pursuant to license or otherwise, and such records shall
be available for examination by the Department of the Treasury for at
least 5 years after the date they occur.
(iv) The Secretary of State, the Secretary of the Treasury, the
Secretary of Commerce, and the Secretary of Transportation shall review
their agency's enforcement of all categories of permissible travel
within 90 days of the date the regulations described in this subsection
are finalized to ensure such enforcement accords with the policies
outlined in section 2 of this memorandum.
(c) The Secretary of the Treasury shall regularly audit travel to
Cuba to ensure that travelers are complying with relevant statutes and
regulations. The Secretary of the Treasury shall request that the
Inspector General of the Department of the Treasury inspect the
activities taken by the Department of the Treasury to implement this
audit requirement. The Inspector General of the Department of the
Treasury shall provide a report to the President, through the Secretary
of the Treasury, summarizing the results of that inspection within 180
days of the adjustment of current regulations described in subsection
(b) of this section and annually thereafter.
(d) The Secretary of the Treasury shall adjust the Department of
the Treasury's current regulation defining the term ``prohibited
officials of the Government of Cuba'' so that, for purposes of title
31, part 515 of the Code of Federal Regulations, it includes Ministers
and Vice-Ministers, members of the Council of State and the Council of
Ministers; members and employees of the National Assembly of People's
Power; members of any provincial assembly; local sector chiefs of the
Committees for the Defense of the Revolution; Director Generals and
sub-Director Generals and higher of all Cuban ministries and state
agencies; employees of the Ministry of the Interior (MININT); employees
of the Ministry of Defense (MINFAR); secretaries and first secretaries
of the Confederation of Labor of Cuba (CTC) and its component unions;
chief editors, editors, and deputy editors of Cuban state-run media
organizations and programs, including newspapers, television, and
radio; and members and employees of the Supreme Court (Tribuno Supremo
Nacional).
(e) The Secretary of State and the Representative of the United
States to the United Nations shall oppose efforts at the United Nations
or (with respect to the Secretary of State) any other international
forum to lift the embargo until a transition government in Cuba, as
described in section 205 of the LIBERTAD Act, exists.
(f) The Secretary of State, in coordination with the Attorney
General, shall provide a report to the President assessing whether and
to what degree the Cuban government has satisfied the requirements of a
transition government as described in section 205(a) of the LIBERTAD
Act, taking into account the additional factors listed in section
205(b) of that Act. This report shall include a review of human rights
abuses committed against the Cuban people, such as unlawful detentions,
arbitrary arrests, and inhumane treatment.
(g) The Attorney General shall, within 90 days of the date of this
memorandum, issue a report to the President on issues related to
fugitives from American justice living in Cuba or being harbored by the
Cuban government.
(h) The Secretary of State and the Administrator of the United
States Agency for International Development shall review all democracy
development programs of the Federal Government in Cuba to ensure that
they align with the criteria set forth in section 109(a) of the
LIBERTAD Act.
(i) The Secretary of State shall convene a task force, composed of
relevant departments and agencies, including the Office of Cuba
Broadcasting, and appropriate non-governmental organizations and
private-sector entities, to examine the technological challenges and
opportunities for expanding internet access in Cuba, including through
Federal Government support of programs and activities that encourage
freedom of expression through independent media and internet freedom so
that the Cuban people can enjoy the free and unregulated flow of
information.
(j) The Secretary of State and the Secretary of Homeland Security
shall continue to discourage dangerous, unlawful migration that puts
Cuban and American lives at risk. The Secretary of Defense shall
continue to provide support, as necessary, to the Department of State
and the Department of Homeland Security in carrying out the duties
regarding interdiction of migrants.
(k) The Secretary of State, in coordination with the Secretary of
the Treasury, the Secretary of Defense, the Attorney General, the
Secretary of Commerce, and the Secretary of Homeland Security, shall
annually report to the President regarding the engagement of the United
States with Cuba to ensure that engagement is advancing the interests
of the United States.
(l) All activities conducted pursuant to subsections (a) through
(k) of this section shall be carried out in a manner that furthers the
interests of the United States, including by appropriately protecting
sensitive sources, methods, and operations of the Federal Government.
Sec. 4. Earlier Presidential Actions.
(a) This memorandum supersedes and replaces both National Security
Presidential Directive-52 of June 28, 2007, U.S. Policy toward Cuba,
and Presidential Policy Directive-43 of October 14, 2016, United
States-Cuba Normalization.
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(b) This memorandum does not affect either Executive Order 12807 of
May 24, 1992, Interdiction of Illegal Aliens, or Executive Order 13276
of November 15, 2002, Delegation of Responsibilities Concerning
Undocumented Aliens Interdicted or Intercepted in the Caribbean Region.
Sec. 5. General Provisions.
(a) Nothing in this memorandum shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or
agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
laws and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of State is hereby authorized and directed to
publish this memorandum in the Federal Register.
Donald J. Trump
[FR Doc. 2017-22928 Filed 10-19-17; 8:45 am]
BILLING CODE 4710-10-P
