Cuban Assets Control Regulations, 47121-47123 [2019-19411]
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Rules and Regulations
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports,
Incorporation by reference, Navigation
(Air).
Issued in Washington, DC, on August 23,
2019.
Rick Domingo,
Executive Director, Flight Standards Service.
Adoption of the Amendment
Accordingly, pursuant to the
authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14
CFR part 97) is amended by
establishing, amending, suspending, or
removing Standard Instrument
Approach Procedures and/or Takeoff
Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the
dates specified, as follows:
PART 97—STANDARD INSTRUMENT
APPROACH PROCEDURES
1. The authority citation for part 97
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40106, 40113, 40114, 40120, 44502, 44514,
44701, 44719, 44721–44722.
2. Part 97 is amended to read as
follows:
jbell on DSK3GLQ082PROD with RULES
■
Effective 10 October 2019
Anchorage, AK, Ted Stevens Anchorage Intl,
ILS RWY 15, Amdt 7
Anchorage, AK, Ted Stevens Anchorage Intl,
ILS OR LOC RWY 7L, ILS RWY 7L (SA
CAT I), ILS RWY 7L (SA CAT II), Amdt 4
Anchorage, AK, Ted Stevens Anchorage Intl,
ILS OR LOC RWY 7R, ILS RWY 7R (SA
CAT I), ILS RWY 7R (CAT II), ILS RWY 7R
(CAT III), Amdt 4
Anchorage, AK, Ted Stevens Anchorage Intl,
RNAV (GPS) RWY 7L, Amdt 3
Anchorage, AK, Ted Stevens Anchorage Intl,
RNAV (GPS) RWY 15, Amdt 3
Anchorage, AK, Ted Stevens Anchorage Intl,
RNAV (GPS) Y RWY 7R, Amdt 5
Anchorage, AK, Ted Stevens Anchorage Intl,
Takeoff Minimums and Obstacle DP, Amdt
8
Eek, AK, Eek, RNAV (GPS) RWY 18, Amdt
1
Eek, AK, Eek, RNAV (GPS) RWY 36, Amdt
1
Eek, AK, Eek, Takeoff Minimums and
Obstacle DP, Amdt 1
Shungnak, AK, Shungnak, RNAV (GPS) RWY
10, Amdt 3
Shungnak, AK, Shungnak, RNAV (GPS) RWY
28, Amdt 3
Shungnak, AK, Shungnak, Takeoff
Minimums and Obstacle DP, Amdt 1
Fort Huachuca Sierra Vista, AZ, Sierra Vista
Muni-Libby AAF, ILS OR LOC RWY 26,
Amdt 4C
Fort Huachuca Sierra Vista, AZ, Sierra Vista
Muni-Libby AAF, RADAR–1, Orig-B
Fort Huachuca Sierra Vista, AZ, Sierra Vista
Muni-Libby AAF, RNAV (GPS) RWY 8,
Amdt 1D
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15:58 Sep 06, 2019
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Fort Huachuca Sierra Vista, AZ, Sierra Vista
Muni-Libby AAF, RNAV (GPS) RWY 26,
Orig-A
Napa, CA, Napa County, ILS OR LOC Z RWY
1L, Amdt 1
Napa, CA, Napa County, LOC Y RWY 36L,
Orig, CANCELLED
Napa, CA, Napa County, RNAV (GPS) RWY
6, Amdt 1
Napa, CA, Napa County, RNAV (GPS) X RWY
36L, Orig, CANCELLED
Napa, CA, Napa County, RNAV (GPS) Y RWY
1L, Amdt 3
Napa, CA, Napa County, VOR RWY 6, Amdt
14
Pohnpei Island, F.S.M., FM, Pohnpei
International, NDB/DME RWY 9, Amdt 4A,
CANCELLED
Pohnpei Island, F.S.M., FM, Pohnpei
International, NDB OR GPS–B, Amdt 3A,
CANCELLED
Pohnpei Island, F.S.M., FM, Pohnpei
International, NDB OR GPS–C, Amdt 3A,
CANCELLED
Scott City, KS, Scott City Muni, RNAV (GPS)
RWY 35, Orig-A
Bardstown, KY, Samuels Field, RNAV (GPS)
RWY 3, Amdt 1A
Bardstown, KY, Samuels Field, RNAV (GPS)
RWY 21, Amdt 1A
New Iberia, LA, Acadiana Rgnl, ILS OR LOC
RWY 35, Amdt 2
Detroit, MI, Detroit Metropolitan Wayne
County, ILS PRM Y RWY 4L (CLOSE
PARALLEL), Amdt 1B
Detroit, MI, Detroit Metropolitan Wayne
County, ILS Y RWY 4L, Amdt 1B
Detroit, MI, Detroit Metropolitan Wayne
County, ILS Z OR LOC RWY 4L, ILS Z
RWY 4L (CAT II), ILS Z RWY 4L (CAT III),
Amdt 4B
Detroit, MI, Detroit Metropolitan Wayne
County, RNAV (GPS) PRM Y RWY 4L
(CLOSE PARALLEL), Orig-A
Detroit, MI, Detroit Metropolitan Wayne
County, RNAV (GPS) Y RWY 4L, Orig-A
Detroit, MI, Detroit Metropolitan Wayne
County, RNAV (GPS) Z RWY 4L, Orig-B
Detroit, MI, Detroit Metropolitan Wayne
County, RNAV (RNP) U RWY 4L, Orig-A
Detroit, MI, Detroit Metropolitan Wayne
County, RNAV (RNP) X RWY 4L, Orig-A
Mesquite, NV, Mesquite, RNAV (GPS) RWY
2, Amdt 1
Mesquite, NV, Mesquite, RNAV (GPS) Y
RWY 2, Orig, CANCELLED
Hamilton, NY, Hamilton Muni, Takeoff
Minimums and Obstacle DP, Amdt 3
Athens, TX, Athens Muni, RNAV (GPS) RWY
18, Amdt 1
Athens, TX, Athens Muni, RNAV (GPS) RWY
36, Amdt 1
Athens, TX, Athens Muni, Takeoff
Minimums and Obstacle DP, Orig-A
Charleston, WV, Yeager, Takeoff Minimums
and Obstacle DP, Amdt 10
Milton, WV, Ona Airpark, VOR–A, Amdt 3
RESCINDED: On August 14, 2019 (84 FR
40234), the FAA published an Amendment
in Docket No. 31265, Amdt No. 3863, to Part
97 of the Federal Aviation Regulations under
section 97.29. The following entry for
Norfolk, VA, effective October 10, 2019, is
hereby rescinded in its entirety:
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Fmt 4700
Sfmt 4700
47121
Norfolk, VA, Hampton Roads Executive, ILS
OR LOC RWY 10, Orig
[FR Doc. 2019–18977 Filed 9–6–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:
The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is amending the Cuban
Assets Control Regulations to further
implement portions of the President’s
foreign policy toward Cuba. This rule
amends and, in one case, removes
certain authorizations for remittances to
Cuba, and the rule also amends the
general license relating to ‘‘U-turn’’
financial transactions to eliminate the
authorization to process such
transactions and instead only allow the
rejection of such transactions.
DATES: Effective: October 9, 2019.
FOR FURTHER INFORMATION CONTACT: The
Department of the Treasury’s Office of
Foreign Assets Control: Assistant
Director for Licensing, 202–622–2480,
Assistant Director for Regulatory Affairs,
202–622–4855, or Assistant Director for
Sanctions Compliance & Evaluation,
202–622–2490.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Availability
This document and additional
information concerning OFAC are
available from OFAC’s website
(www.treasury.gov/ofac).
Background
The Department of the Treasury
issued the Cuban Assets Control
Regulations, 31 CFR part 515 (the
‘‘Regulations’’), on July 8, 1963, under
the Trading With the Enemy Act (50
U.S.C. 4301–41). OFAC has amended
the Regulations on numerous occasions.
In particular, on November 9, 2017,
OFAC, the Department of Commerce’s
Bureau of Industry and Security
(Commerce), and the Department of
State (State) took coordinated actions to
implement National Security
Presidential Memorandum-5,
‘‘Strengthening the Policy of the United
States Toward Cuba,’’ signed by the
President on June 16, 2017 (NSPM–5).
Most recently, effective June 5, 2019,
OFAC further restricted non-family
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09SER1
47122
Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Rules and Regulations
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travel by removing an authorization for
group people-to-people educational
travel (84 FR 25992). OFAC took the
June 5, 2019 action in order to further
implement NSPM–5 and the President’s
foreign policy toward Cuba, as
announced in an April 17, 2019 foreign
policy address (April 2019 Address).
The April 2019 Address also
announced forthcoming regulatory
changes to impose new limits on
remittances and to end the use of ‘‘Uturn’’ transactions. Today, OFAC, in
consultation with State, is taking
additional action to implement those
announced changes, as set forth in more
detail below. This rule provides for a
30-day implementation period before it
is effective in order to allow for
technical implementation of these
additional restrictions.
Remittances
In accordance with the April 2019
Address, OFAC is amending several
authorizations related to remittances set
forth in § 515.570. OFAC is amending
§ 515.570(a), which authorizes family
remittances, to place a cap of $1,000 as
the maximum amount that one remitter
can send per quarter to one Cuban
national as a family remittance. Section
515.570(a) provides that the recipient of
family remittances may not be a
prohibited official of the Government of
Cuba, as defined in § 515.337, or a
prohibited member of the Cuban
Communist Party, as defined in
§ 515.338. OFAC is now amending
§ 515.570(a) to prohibit remitters from
sending remittances to close family
members, as defined in § 515.339, of
prohibited officials of the Government
of Cuba or prohibited members of the
Cuban Communist Party. OFAC also is
making a conforming change in
§ 515.570(f), which authorizes certain
remittances from blocked sources.
In further accordance with the policy
to limit remittances, OFAC is
eliminating the authorization in
§ 515.570(b) for donative remittances. In
light of the removal of this
authorization, OFAC also is making a
conforming change by removing and
reserving the unblocking authorization
in paragraph (h) for previously blocked
remittances that would have been
authorized by paragraph (b). At the
same time, in light of NSPM–5’s policy
to encourage the growth of a Cuban
private sector independent of
government control, OFAC is amending
§ 515.570(g), which authorizes
unlimited remittances to certain
individuals and independent nongovernmental organizations in Cuba, to
add a provision to authorize unlimited
remittances to certain additional self-
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15:58 Sep 06, 2019
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employed individuals. OFAC is adding
a definition for qualifying self-employed
individuals in § 515.340.
Ending ‘‘U-turn’’ Transactions
OFAC previously authorized,
pursuant to § 515.584(d), any banking
institution, as defined in § 515.314, that
is a person subject to U.S. jurisdiction,
to process funds transfers originating
and terminating outside the United
States, provided that neither the
originator nor the beneficiary is a person
subject to U.S. jurisdiction. The April
2019 Address announced that the
Department of the Treasury would
implement changes to eliminate the
authorization for banking institutions
subject to U.S. jurisdiction to process
‘‘U-turn’’ transactions found in
§ 515.584(d). In accordance with that
policy, OFAC is amending § 515.584(d)
which previously authorized such
transactions, to remove the
authorization to process such
transactions and to replace it with an
authorization to reject such transactions.
OFAC is making conforming changes by
removing references to § 515.584(d) in
the Note to § 515.209 and § 515.584(e).
Public Participation
Because the amendments of the
Regulations involve a foreign affairs
function, Executive Order 12866 and the
provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking,
opportunity for public participation,
and delay in effective date, as well as
the provisions of Executive Order
13771, are inapplicable. As no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Paperwork Reduction Act
The collections of information related
to the Regulations are contained in 31
CFR part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’)
and § 515.572 of this part. Pursuant to
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507), those collections of
information are covered by the Office of
Management and Budget under control
numbers 1505–0164, 1505–0167, and
1505–0168. An agency may not conduct
or sponsor, and a person is not required
to respond to, a collection of
information unless the collection of
information displays a valid control
number.
List of Subjects in 31 CFR Part 515
Administrative practice and
procedure, Banking, Blocking of assets,
Cuba, Financial transactions,
Remittances, Reporting and
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Fmt 4700
Sfmt 4700
recordkeeping requirements, Travel
restrictions, U-turn transactions.
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
1. The authority citation for part 515
continues to read as follows:
■
Authority: 22 U.S.C. 2370(a), 6001–6010,
7201–7211; 31 U.S.C. 321(b); 50 U.S.C. 4301–
4341; Pub. L. 101–410, 104 Stat. 890 (28
U.S.C. 2461 note); Pub. L. 104–114, 110 Stat.
785 (22 U.S.C. 6021–6091); Pub. L. 105–277,
112 Stat. 2681; Pub. L. 111–8, 123 Stat. 524;
Pub. L. 111–117, 123 Stat. 3034; E.O. 9193,
7 FR 5205, 3 CFR, 1938–1943 Comp., p. 1174;
E.O. 9989, 13 FR 4891, 3 CFR, 1943–1948
Comp., p. 748; Proc. 3447, 27 FR 1085, 3
CFR, 1959–1963 Comp., p. 157; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 614.
Subpart B—Prohibitions
§ 515.209
[Amended]
2. In the Note to § 515.209, remove the
text ‘‘§ 515.584(d) relating to funds
transfers or’’.
■
Subpart C—Definitions
■
3. Add § 515.340 to read as follows:
§ 515.340
Self-employed individual.
The term self-employed individual
means a Cuban national who is one or
more of the following:
(a) An owner or employee of a small
private business or a sole
proprietorship, including restaurants
(paladares), taxis, and bed-andbreakfasts (casas particulares);
(b) An independent contractor or
consultant;
(c) A small farmer who owns his or
her own land; or
(d) A small usufruct farmer who
cultivates state-owned land to sell
products on the open market.
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
4. Amend § 515.570 by:
a. Redesignating paragraphs (a)(1)
through (3) as paragraphs (a)(2) through
(4);
■ b. Adding new paragraph (a)(1);
■ c. Revising newly redesignated
paragraph (a)(3);
■ d. Removing and reserving paragraph
(b);
■ e. Revising paragraphs (f) introductory
text and (g)(3); and
■ f. Removing and reserving paragraph
(h).
The revisions and additions read as
follows:
■
■
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09SER1
Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Rules and Regulations
§ 515.570
Remittances.
(a) * * *
(1) The remitter’s total remittances
pursuant to paragraph (a) of this section
to any one Cuban national do not
exceed $1,000 in any consecutive threemonth period;
*
*
*
*
*
(3) The recipient is not a prohibited
official of the Government of Cuba, as
defined in § 515.337, a prohibited
member of the Cuban Communist Party,
as defined in § 515.338, a close relative,
as defined in § 515.339, of a prohibited
official of the Government of Cuba, or a
close relative of a prohibited member of
the Cuban Communist Party; and
*
*
*
*
*
(f) Certain remittances from blocked
sources authorized. Provided the
recipient is not a prohibited official of
the Government of Cuba, as defined in
§ 515.337, a prohibited member of the
Cuban Communist Party, as defined in
§ 515.338, a close relative, as defined in
§ 515.339, of a prohibited official of the
Government of Cuba, or a close relative
of a prohibited member of the Cuban
Communist Party, certain remittances
from blocked sources are authorized as
follows:
*
*
*
*
*
(g) * * *
(3) To support the development of
private businesses, and operation of
economic activity in the non-state sector
by self-employed individuals, as
defined in § 515.340.
*
*
*
*
*
5. Amend § 515.584 as follows:
a. Revise paragraph (d); and
■ b. In the second sentence of paragraph
(e), remove the text ‘‘paragraph (d) of
this section, § 515.562(b),’’ and add the
text ‘‘§ 515.562(b)’’ in its place.
The revision reads as follows:
■
■
§ 515.584 Certain financial transactions
involving Cuba.
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*
*
*
*
*
(d) Funds transfers. Any banking
institution, as defined in § 515.314, that
is a person subject to U.S. jurisdiction
is authorized to reject funds transfers
originating and terminating outside the
United States, provided that neither the
originator nor the beneficiary is a person
subject to U.S. jurisdiction.
*
*
*
*
*
Dated: September 4, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019–19411 Filed 9–6–19; 8:45 am]
BILLING CODE 4810–AL–P
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Jkt 247001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0774]
RIN 1625–AA00
Safety Zone, R/V POLARCUS ALIMA,
Cook Inlet, Homer, Alaska
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 100-yard
radius surrounding the research vessel
POLARCUS ALIMA. The safety zone is
needed to protect the vessel and
members of the public anticipated to
exercise their First Amendment right to
protest the vessel’s activity. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Western Alaska.
DATES: This rule is effective from
September 9, 2019 through September
11, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0774 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Commander Justin Jacobs,
Chief of Prevention, Sector Anchorage,
U.S. Coast Guard: telephone 907–428–
4149, email Justin.W.Jacobs@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Western Alaska
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On September 3, 2019, Hillcorp
Alaska, LLC, notified the Coast Guard
Sector Anchorage that it would be
conducting seismic testing in Cook
Inlet, near Kachemak Bay, via the
research vessel POLARCUS ALIMNA
from September 9–11, 2019. Hillcorp
also informed the Coast Guard that it
anticipates public protest activity
around the vessel.
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47123
The Coast Guard is issuing this rule
without prior notice and opportunity to
comment pursuant to authority under
section 4(a), of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)).
This provision authorizes an agency to
issue a rule without prior notice and
opportunity to comment when the
agency for good cause finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing a notice of proposed
rulemaking (NPRM) with respect to this
rule. Notice and comment procedures
are impractical in this situation because
there is not enough time for those
procedures before the planned vessel
movement, and because immediate
action is needed to respond to the
potential safety hazards associated with
the arrival and departure of the research
vessel POLARCUS ALIMA. It is
impracticable to publish an NPRM
because we must establish this safety
zone by September 9, 2019, and the
Coast Guard was informed of the vessel
movement on September 3, 2019. For
the same reasons, the Coast Guard is
making this rule effective less than
thirty days after publication. Normally,
the Administrative Procedure Act (APA)
(5 U.S.C. 553(d)) requires an agency to
publish a rule at least thirty days before
the effective date of the rule. However,
the agency is not required to delay the
effective date if the agency finds good
cause for doing so (5 U.S.C. 553(d)(3)).
For this rule, the Coast Guard finds good
cause to not delaying the effective date
of this rule. Delaying the effective date
of this rule is impracticable because the
rule must be in place in time for the
planned vessel movement on September
9, 2019, and the Coast Guard was
informed about the vessel movement on
September 3, 2019.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Western Alaska
(COTP) has determined that potential
safety hazards associated with the
activity of the research vessel
POLARCUS ALIMA in Cook Inlet, near
Kachemak Bay, starting September 9,
2019, through September 11, 2019, will
be a safety concern for anyone within a
100-yard radius of the vessel while at
the pier and underway. This rule is
needed to protect the vessel, public, and
the marine environment within the
safety zone while the vessel transits the
area.
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Agencies
[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Rules and Regulations]
[Pages 47121-47123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19411]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is amending the Cuban Assets Control Regulations to
further implement portions of the President's foreign policy toward
Cuba. This rule amends and, in one case, removes certain authorizations
for remittances to Cuba, and the rule also amends the general license
relating to ``U-turn'' financial transactions to eliminate the
authorization to process such transactions and instead only allow the
rejection of such transactions.
DATES: Effective: October 9, 2019.
FOR FURTHER INFORMATION CONTACT: The Department of the Treasury's
Office of Foreign Assets Control: Assistant Director for Licensing,
202-622-2480, Assistant Director for Regulatory Affairs, 202-622-4855,
or Assistant Director for Sanctions Compliance & Evaluation, 202-622-
2490.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available from OFAC's website (www.treasury.gov/ofac).
Background
The Department of the Treasury issued the Cuban Assets Control
Regulations, 31 CFR part 515 (the ``Regulations''), on July 8, 1963,
under the Trading With the Enemy Act (50 U.S.C. 4301-41). OFAC has
amended the Regulations on numerous occasions. In particular, on
November 9, 2017, OFAC, the Department of Commerce's Bureau of Industry
and Security (Commerce), and the Department of State (State) took
coordinated actions to implement National Security Presidential
Memorandum-5, ``Strengthening the Policy of the United States Toward
Cuba,'' signed by the President on June 16, 2017 (NSPM-5). Most
recently, effective June 5, 2019, OFAC further restricted non-family
[[Page 47122]]
travel by removing an authorization for group people-to-people
educational travel (84 FR 25992). OFAC took the June 5, 2019 action in
order to further implement NSPM-5 and the President's foreign policy
toward Cuba, as announced in an April 17, 2019 foreign policy address
(April 2019 Address).
The April 2019 Address also announced forthcoming regulatory
changes to impose new limits on remittances and to end the use of ``U-
turn'' transactions. Today, OFAC, in consultation with State, is taking
additional action to implement those announced changes, as set forth in
more detail below. This rule provides for a 30-day implementation
period before it is effective in order to allow for technical
implementation of these additional restrictions.
Remittances
In accordance with the April 2019 Address, OFAC is amending several
authorizations related to remittances set forth in Sec. 515.570. OFAC
is amending Sec. 515.570(a), which authorizes family remittances, to
place a cap of $1,000 as the maximum amount that one remitter can send
per quarter to one Cuban national as a family remittance. Section
515.570(a) provides that the recipient of family remittances may not be
a prohibited official of the Government of Cuba, as defined in Sec.
515.337, or a prohibited member of the Cuban Communist Party, as
defined in Sec. 515.338. OFAC is now amending Sec. 515.570(a) to
prohibit remitters from sending remittances to close family members, as
defined in Sec. 515.339, of prohibited officials of the Government of
Cuba or prohibited members of the Cuban Communist Party. OFAC also is
making a conforming change in Sec. 515.570(f), which authorizes
certain remittances from blocked sources.
In further accordance with the policy to limit remittances, OFAC is
eliminating the authorization in Sec. 515.570(b) for donative
remittances. In light of the removal of this authorization, OFAC also
is making a conforming change by removing and reserving the unblocking
authorization in paragraph (h) for previously blocked remittances that
would have been authorized by paragraph (b). At the same time, in light
of NSPM-5's policy to encourage the growth of a Cuban private sector
independent of government control, OFAC is amending Sec. 515.570(g),
which authorizes unlimited remittances to certain individuals and
independent non-governmental organizations in Cuba, to add a provision
to authorize unlimited remittances to certain additional self-employed
individuals. OFAC is adding a definition for qualifying self-employed
individuals in Sec. 515.340.
Ending ``U-turn'' Transactions
OFAC previously authorized, pursuant to Sec. 515.584(d), any
banking institution, as defined in Sec. 515.314, that is a person
subject to U.S. jurisdiction, to process funds transfers originating
and terminating outside the United States, provided that neither the
originator nor the beneficiary is a person subject to U.S.
jurisdiction. The April 2019 Address announced that the Department of
the Treasury would implement changes to eliminate the authorization for
banking institutions subject to U.S. jurisdiction to process ``U-turn''
transactions found in Sec. 515.584(d). In accordance with that policy,
OFAC is amending Sec. 515.584(d) which previously authorized such
transactions, to remove the authorization to process such transactions
and to replace it with an authorization to reject such transactions.
OFAC is making conforming changes by removing references to Sec.
515.584(d) in the Note to Sec. 515.209 and Sec. 515.584(e).
Public Participation
Because the amendments of the Regulations involve a foreign affairs
function, Executive Order 12866 and the provisions of the
Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date, as well as the provisions of Executive Order 13771, are
inapplicable. As no notice of proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply.
Paperwork Reduction Act
The collections of information related to the Regulations are
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties
Regulations'') and Sec. 515.572 of this part. Pursuant to the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of
information are covered by the Office of Management and Budget under
control numbers 1505-0164, 1505-0167, and 1505-0168. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection of information displays
a valid control number.
List of Subjects in 31 CFR Part 515
Administrative practice and procedure, Banking, Blocking of assets,
Cuba, Financial transactions, Remittances, Reporting and recordkeeping
requirements, Travel restrictions, U-turn transactions.
For the reasons set forth in the preamble, the Department of the
Treasury's Office of Foreign Assets Control amends 31 CFR part 515 as
set forth below:
PART 515--CUBAN ASSETS CONTROL REGULATIONS
0
1. The authority citation for part 515 continues to read as follows:
Authority: 22 U.S.C. 2370(a), 6001-6010, 7201-7211; 31 U.S.C.
321(b); 50 U.S.C. 4301-4341; Pub. L. 101-410, 104 Stat. 890 (28
U.S.C. 2461 note); Pub. L. 104-114, 110 Stat. 785 (22 U.S.C. 6021-
6091); Pub. L. 105-277, 112 Stat. 2681; Pub. L. 111-8, 123 Stat.
524; Pub. L. 111-117, 123 Stat. 3034; E.O. 9193, 7 FR 5205, 3 CFR,
1938-1943 Comp., p. 1174; E.O. 9989, 13 FR 4891, 3 CFR, 1943-1948
Comp., p. 748; Proc. 3447, 27 FR 1085, 3 CFR, 1959-1963 Comp., p.
157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614.
Subpart B--Prohibitions
Sec. 515.209 [Amended]
0
2. In the Note to Sec. 515.209, remove the text ``Sec. 515.584(d)
relating to funds transfers or''.
Subpart C--Definitions
0
3. Add Sec. 515.340 to read as follows:
Sec. 515.340 Self-employed individual.
The term self-employed individual means a Cuban national who is one
or more of the following:
(a) An owner or employee of a small private business or a sole
proprietorship, including restaurants (paladares), taxis, and bed-and-
breakfasts (casas particulares);
(b) An independent contractor or consultant;
(c) A small farmer who owns his or her own land; or
(d) A small usufruct farmer who cultivates state-owned land to sell
products on the open market.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
0
4. Amend Sec. 515.570 by:
0
a. Redesignating paragraphs (a)(1) through (3) as paragraphs (a)(2)
through (4);
0
b. Adding new paragraph (a)(1);
0
c. Revising newly redesignated paragraph (a)(3);
0
d. Removing and reserving paragraph (b);
0
e. Revising paragraphs (f) introductory text and (g)(3); and
0
f. Removing and reserving paragraph (h).
The revisions and additions read as follows:
[[Page 47123]]
Sec. 515.570 Remittances.
(a) * * *
(1) The remitter's total remittances pursuant to paragraph (a) of
this section to any one Cuban national do not exceed $1,000 in any
consecutive three-month period;
* * * * *
(3) The recipient is not a prohibited official of the Government of
Cuba, as defined in Sec. 515.337, a prohibited member of the Cuban
Communist Party, as defined in Sec. 515.338, a close relative, as
defined in Sec. 515.339, of a prohibited official of the Government of
Cuba, or a close relative of a prohibited member of the Cuban Communist
Party; and
* * * * *
(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, a prohibited member of the Cuban Communist
Party, as defined in Sec. 515.338, a close relative, as defined in
Sec. 515.339, of a prohibited official of the Government of Cuba, or a
close relative of a prohibited member of the Cuban Communist Party,
certain remittances from blocked sources are authorized as follows:
* * * * *
(g) * * *
(3) To support the development of private businesses, and operation
of economic activity in the non-state sector by self-employed
individuals, as defined in Sec. 515.340.
* * * * *
0
5. Amend Sec. 515.584 as follows:
0
a. Revise paragraph (d); and
0
b. In the second sentence of paragraph (e), remove the text ``paragraph
(d) of this section, Sec. 515.562(b),'' and add the text ``Sec.
515.562(b)'' in its place.
The revision reads as follows:
Sec. 515.584 Certain financial transactions involving Cuba.
* * * * *
(d) Funds transfers. Any banking institution, as defined in Sec.
515.314, that is a person subject to U.S. jurisdiction is authorized to
reject funds transfers originating and terminating outside the United
States, provided that neither the originator nor the beneficiary is a
person subject to U.S. jurisdiction.
* * * * *
Dated: September 4, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2019-19411 Filed 9-6-19; 8:45 am]
BILLING CODE 4810-AL-P