Text
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations; News Organizations; Travel
Transactions; Intellectual Property.
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule; amendments.
SUMMARY: Pursuant to the President's announcement of October 6,
1995, the Treasury Department is amending the Cuban Assets
Control Regulations t~ add 3 interpretive sections concerning the
authorization of travel transactions related to research, freelance journalism, and educational activities in Cuba. A general
license is added to permit travel to Cuba once a year in cases of
extreme humanitarian need. Statements of licensing policy are
added concerning the availability of specific licenses for public
performances, educational exchanges, activities of human rights
organizations, and the reciprocal establishment of news
organization offices. Payment of expenses for intellectual
property protection in Cuba is also authorized. In addition, a
number of clarifying technical amendments are included in this
final rule.
EFFECTIVE DATE: [insert date of filing]
FOR FURTHER INFORMATION CONTACT: Steven I. Pinter, Chief of
Licensing (tel.: 202/622-2480), or William B. Hoffman, Chief
Counsel (tel.: 202/622-2410), Office of Foreign Assets Control,
Department of the Treasury. Washington, D.C. 20220.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document is available as an electronic file on The
Federal Bulletin Board the day of publication in the Federal
Register. By modem, dial 202/515-1387 and type "/GO FAC." or call
202/512-1530 for disks or paper copies. This file is available
for downloading in WordPerfect, ASCII, and Adobe AcrobatTM
readable (* .PDF) formats. The document is also accessible for
downloading in ASCII format without change from Treasury's
Electronic Library ("TEL") in the "Business, Trade and Labor
Mall" of the FedWorld bulletin board. By modem dial 703/321-3339,
and select self-expanding file "Tl lFROO.EXE" in TEL. For Internet
access, use one of the following protocols: Telnet = fedworld.gov
(192.239.93.3); World Wide Web (Home Page)=
hhtp://www.fedworld.gov; FTP = ftp.fedworld.gov ( 192.239. 92.205).
Background
On October 6, 1995, President Clinton announced a number of
changes to the administration of the Cuban embargo intended to
promote democratic change in Cuba. Accordingly, the Office of
Foreign Assets Control is amending the Cuban Assets Control
Regulations, 31 CFR part 515 (the "Regulations"), to implement
these measures.
Section 514.416 is amended to expand the interpretation of
the term "research and similar activities" to include research
conducted on behalf of an organization with an established
interest in international relations. Individuals acting on behalf
of such an organization may apply for a specific license to
authorize travel-related transactions in Cuba. Section 515.417 is
added to the Regulations to establish the basis on which specific
licenses to authorize travel-related transactions will be granted
to individuals engaging in free-lance journalism. Section 515.419
is added providing an interpretation of the term "educational
activities." Specific licenses will be available for individuals
who are attending certain meetings of international organizations
in Cuba. Undergraduates' travel to Cuba for study toward a degree
may be licensed if the activities are sponsored by a college or
university.
Sections 515.527 and 515.528 are amended to authorize
transactions including payments to the United States by Cuban
nationals and payments to Cuba by U.S. companies and individuals
related to the protection of intellectual property. A new general
license is established at§ 515.560(a)(l)(iii) to permit travel
to Cuba once a year to visit close relatives in circumstances of
extreme humanitarian need. Clarifying amendments are made to
§ 515.560(g) to make clear that "fully hosted or sponsored"
travelers may not use the charter services authorized pursuant to
§ 515.566. Section 51 5.565 is amended to provide that specific
licenses may be issued for public performances or public
exhibitions in Cuba. A new§ 515.572 is added to the Regulations
which states that specific licenses may be issued on a case-bycase basis to permit the establishment of offices for news
organizations in the United States by Cubans and in Cuba by U.S.
persons.
A new§ 515.573 is added to the Regulations authorizing
educational exchanges for Cuban and U.S. scholars, as well as
2
study in a Cuban academic institution by graduate and
undergraduate students. Section 515.574 is added to the
Regulations to allow for specific licensing of activities of
human rights organizations and other non-governmental
organizations to support the Cuban people.
In addition, certain technical amendments are included in
this rule. The term "authorized trade territory'' is redefined in
§ 515.322. Sections 515.413 and 515.561 are being removed from
the Regulations. Section 515.413, concerning certain engineering
advice, related to a general license that is no longer included
in the Regulations; accordingly,§ 515.413 is being removed as
unnecessary. Section 515.561 was originally incorporated into the
Regulations to authorize travel in support of transactions
authorized under an earlier version of§ 515.559. The continued
authorization of travel transactions is inconsistent with the
present limited scope of§ 515.559. Finally§ 515.563 is amended
to clarify that remittances related to emigration from Cuba
continue to be authorized under general license.
Because 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.
List of Subjects in 31 CFR Part 515
Administrative practice and procedure, Air carriers, Banks,
banking. Cuba, Currency, Estates, Exports, Fines and penalties,
Foreign investment in the United States, Foreign trade, Imports,
Informational materials, Publications, Reporting and
recordkeeping requirements, Securities, Shipping. Travel
restrictions, Trusts and trustees, Vessels.
For the reasons set forth in the preamble, 31 CFR part 515
is amended as set forth below:
PART 515--CUBAN ASSETS CONTROL REGULATIONS
1. The authority citation for part 515 continues to read as
follows:
Authority: 50 U.S.C. App. 1-44; 22 U.S.C. 6001-6010; 22
U.S.C. 2370(a); Proc. 3447, 27 FR 1085, 3 CFR 1959-1963 Comp.,
p. 157; E.O. 9193, 7 FR5205, 3 CFR 1938-1943 Comp .. p. 1174;
E.O. 9989, 13 FR4891, 3 CFR 1943-1948 Comp .. p. 748; E.O.
3
12854, 58 FR36587, 3 CFR 1993 Comp., p. 614.
Subpart C--General Definitions
2. Paragraph (a) of§ 515.322 is revised to read as follows:
§ 515.322 Authorized trade territoxy; member of the authorized
trade territoxy.
(a) The term authorized trade territoxy includes all
countries, including any colony, territoxy, possession, or
protectorate, except those countries subject to sanctions
pursuant to this chapter. The term does not include the United
States.
*****
Subpart D--Interpretations
§ 515.413 [Removed and Reserved]
3. Section 515.413 is removed and reserved.
4. The introductoxy text of paragraph (a) and paragraph
(a)(l) of§ 515.416 are revised to read as follows:
§ 515.416 Professional research and similar activities.
(a) Section 515.560(b) sets forth the criteria on which
specific licenses for transactions related to travel to, from,
and within Cuba may be issued for persons engaging in
professional research and similar activities of a noncommercial,
academic nature. Persons traveling to Cuba to engage in
professional research must engage in a full work schedule in
Cuba, and there must be a substantial likelihood of public
dissemination of the product of their research. No transactions
related to tourist or recreational travel within Cuba are
authorized in connection with professional research, except those
that are consistent with a full schedule of research activities.
( l) Persons are considered to be engaging in professional
research for purposes of this section:
(i) If they are full-time professionals who travel to Cuba
to do research in their professional areas and their research is
specifically related to Cuba; or
(ii) If they are acting on behalf of an organization with an
established interest in international relations to collect
4
information related to Cuba.
*****
5. Section 515.417 is added to subpart D to read as follows:
§ 515.417 Free-lance journalists.
(a) Section 515.560(a)(2) authorizes travel transactions for
journalists who are regularly employed in that capacity by a news
reporting organization. For individuals who wish to travel to
Cuba to do research for a free-lance article, specific licenses
will be issued pursuant to § 5 l 5.560(b) on a case-by-case basis
upon submission of an adequate written application including the
following documentation:
( 1) A detailed itinerary and a detailed description of the
proposed research; and
(2) A resume or similar document showing a record of
publications.
(b) To qualify for specific licensing pursuant to
§ 515.560(b), the itinerary for the proposed research in Cuba for
a free-lance article must demonstrate that the research
constitutes a full work schedule that could not be accomplished
in a shorter period of time.
6. Section 515.41 9 is added to subpart D to read as follows:
§ 515.419 Travel related to educational activities.
(a) Section 515.560(b) provides, in part, that specific
licenses will be issued to persons for travel to Cuba for clearly
defined educational activities. Transactions related to travel
and maintenance in Cuba for the following activities will be
licensed upon submission of an adequate written application:
( 1) Attendance at a meeting or conference held in Cuba by a
person with an established interest in the subject of the meeting
or conference, provided that:
(i) The meeting or conference is organized by an
international institution or association that regularly sponsors
meetings or conferences in other countries; and
(ii) The purpose of the meeting or conference is not the
promotion of tourism in Cuba or other commercial activities
5
involving Cuba that are inconsistent with this part; and
(2) Activities related to study for an undergraduate or
graduate degree sponsored by a college or university located in
the United States.
(b) Transactions related to travel that is primarily tourist
travel, including self-directed educational activities that are
intended for personal enrichment, will not be licensed pursuant
to§ 515.560(b).
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
7. Section 515.527 is revised to read as follows:
§ 515.527 Certain transactions with respect to United States
intellectual property.
(a) Transactions related to the registration and renewal in
the United States Patent and Trademark Office or the United
States Copyright Office of patents, trademarks, and copyrights in
which the Government of Cuba or a Cuban national has an interest
are authorized.
(b) This section authorizes the payment from blocked
accounts or otherwise of fees currently due to the United States
Government in connection with any transaction authorized in
paragraph (a) of this section.
(c) This section further authorizes the payment from blocked
accounts or otherwise of the reasonable and customary fees and
charges currently due to attorneys or representatives within the
United States in connection with the transactions authorized in
paragraph (a) of this section.
8. The section heading and the introductory text of
paragraph (a) of§ 515.528 are revised to read as follows:
§ 515.528 Certain transactions with respect to blocked foreign
intellectual property.
(a) The following transactions by any person who is not a
designated national are hereby authorized:
* * * **
9. Paragraphs (a), (b) and (g) of§ 515.560 are revised to
6
read as follows:
§ 515.560 Certain transactions incident to travel to and within
Cuba.
(a)(l) General license. The transactions in paragraph (c) of
this section are authorized in connection with travel to Cuba by:
(i) Persons who are officials of the United States
Government or of any foreign government, or of any
intergovernmental organization of which the United States is a
member, and who are traveling on official business;
(ii) Journalists regularly employed in that capacity by a
news reporting organization; or
(iii) Persons, and persons traveling with them who share a
common dwelling as a family with them, who are traveling to visit
close relatives in Cuba in circumstances that demonstrate extreme
humanitarian need, provided that the authorization contained in
this paragraph may be used only once in any 12 month period. Any
additional transactions must be specifically licensed pursuant to
paragraph (b) of this section.
·
(2) Nothing in this section authorizes transactions in
connection with tourist travel to Cuba, nor does it authorize
transactions in relation to any business travel not otherwise
authorized by specific license issued pursuant to this part.
(b) Specific licenses. Specific licenses authorizing the
transactions in paragraph (c) of this section may be issued in
cases involving extreme humanitarian need to persons or persons
living in the same household, who seek to travel to visit close
relatives in Cuba of such persons more than once in a calendar
year. Specific licenses may also be issued to persons to travel
to Cuba for humanitarian reasons based on a demonstrated
compelling need to travel, for professional research and similar
activities consistent ·with § 515.416, for free lance journalism
consistent with§ 515.417, for clearly defined educational
activities consistent with § 515.419, for religious activities,
for activities of recognized human rights organizations
investigating human rights violations, or for purposes related to
the exportation, importation, or transmission of information or
informational materials as defined in§ 515.332.
( 1) For purposes of this section, the term close relative
means spouse, child, grandchild, parent, grandparent, great
grandparent, uncle, aunt, brother, sister, nephew, niece, first
cousin, mother-in-law, father-in-law, daughter-in-law, son-in-
7
law, sister-in-law, brother-in-law, or spouse, widow, or widower
of any of the foregoing.
(2) Nothing in this section authorizes transactions in
connection with tourist travel to Cuba. Travel to Cuba that is
characterized as falling within the criteria specified in
paragraph (b) is prohibited unless specifically licensed.
•••••
(g)( 1) For purposes of this section, all necessary
transactions involving fully sponsored or hosted travel to, from,
and within Cuba are authorized, provided that:
(i) No person subject to the jurisdiction of the United
States shall make any payment or transfer any property or provide
any service to Cuba or a Cuban national in connection with such
travel; and
(ii) The travel is not aboard a direct flight between the
United States and Cuba authorized pursuant to§ 515.566 of this
part.
(2) Travel shall be considered fully sponsored or hosted for
purposes of this section notwithstanding a payment by the person
subject to the jurisdiction of the United States for
transportation to and from Cuba, provided that the carrier
furnishing the transportation is not a Cuban national.
§ 515.561 [Removed and Reserved]
10. Section 515.561 is removed and reserved.
11. Section 515.563 is revised to read as follows:
§ 515.563 Family remittances to nationals of Cuba.
(a) Specific licenses may be issued on a case-by-case basis
authorizing remittances to a close relative of the remitter or of
the remitter's spouse who is a national of Cuba and who is
resident in Cuba or in the authorized trade territory. Such
remittances will be authorized only in circumstances where
extreme humanitarian need is demonstrated, including terminal
illness or severe medical emergency.
(b) Remittances to any close relative of the remitter or of
the remitter's spouse who is a national of Cuba or who is
resident in Cuba are authorized for the purpose of enabling the
8
payee to emigrate from Cuba to the United States, in an amount
not exceeding $500, to be made only once to any payee, provided
that the payee is a resident of and within Cuba at the time the
payment is made.
(c) The term close relative used with respect to any person
means such person's spouse, child, grandchild, parent,
grandparent, great grandparent, uncle, aunt, brother, sister,
nephew, niece, first cousin, mother-in-law, father-in-law, sonin-law, daughter-in-law, sister-in-law, brother-in-law, or
spouse, widow, or widower of any of the foregoing.
12. Paragraph (c) is added to§ 515.565 to read as follows:
§ 515.565 Transactions in connection with public exhibitions or
performances.
*****
(c) Specific licenses may be issued in appropriate cases for
transactions incident to participation by a person subject to the
jurisdiction of the United States in a public exhibition or
performance in Cuba.
13. Section 515.572 is added to subpart E to read as
follows:
§ 515.572 Transactions by news organizations.
(a) Specific licenses may be issued authorizing all
transactions necessary for the establishment and operation of
news bureaus in Cuba whose primary purpose is the gathering and
dissemination of news to the general public. Transactions that
may be authorized include, but are not limited to, those incident
to the following:
( 1) Leasing office space and securing related goods and
services;
(2) Hiring Cuban nationals to serve as support staff;
(3) Purchasing Cuban-origin goods for use in the operation
of the office; and
(4) Paying fees related to the operation of the office in
Cuba.
9
(b) Specific licenses may be issued authorizing transactions
necessary for the establishment and operation of news bureaus in
the United States by Cuban organizations whose primary purpose is
the gathering and dissemination of news to the general public.
(c) Specific licenses may be issued authorizing transactions
related to hiring Cuban nationals to provide reporting services
or other services related to the gathering and dissemination of
news.
(d) Note: The number assigned to a specific license issued
pursuant to this section should be referenced in all import
documents, and in all funds transfers and other banking
transactions through banks organized or located in the United
States, in connection with the licensed transaction to avoid the
blocking of goods imported from Cuba and the interruption of the
financial transactions with Cuba.
14. Section 515.573 is added to subpart E to read as
follows:
§ 515.573 Transactions related to educational exchanges.
Specific licenses may be issued on a case-by-case basis
authorizing the following:
(a) Transactions related to teaching at a Cuban academic
institution by an individual regularly employed in a teaching
capacity at a college or university located in the United States,
provided the activities are related to a college or university
academic program;
(b) Transactions related to the sponsorship of a Cuban
scholar to teach or engage in other scholarly activity at a
college or university located in the United States;
(c) Transactions related to participation in a formal course
of study at a Cuban academic institution by a graduate or
undergraduate student; and
(d) Transactions related to the organization of activities
described in paragraph (a), (b), or (c) of this section.
15. Section 515.57 4 is added to subpart E to read as
follows:
§ 515.574 Support for the Cuban people.
10
(a) Specific licenses may be issued on a case-by-case basis
for transactions intended to provide support for the Cuban people
including. but not limited to, the following.
( 1) Activities of recognized human rights organizations; and
(2) Activities of individuals and non-governmental
organizations which promote independent activity intended to
strengthen civil society in Cuba.
(b) Licenses will only be issued pursuant to this section
upon a clearly articulated showing that the proposed transactions
are consistent with the purposes of this part and that no
significant accumulation of funds or financial benefit will
accrue to the Government of Cuba.
Dated: October 13, 1995.
R Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved: October 13, 1995.
John P. Simpson,
Deputy Assistant Secretaiy (Regulatoiy, Tariff & Trade
Enforcement).
[FRDoc. 95-25976Filed 10-17-95; 11:09am]
BILLING CODE 4810-25-F
TO BE PUBLISHED IN THE FEDERAL REGISTER ON OCTOBER 20, 1995 ....
11
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations; News Organizations; Travel
Transactions; Intellectual Property.
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule; amendments.
SUMMARY: Pursuant to the President's announcement of October 6,
1995, the Treasury Department is amending the Cuban Assets
Control Regulations t~ add 3 interpretive sections concerning the
authorization of travel transactions related to research, freelance journalism, and educational activities in Cuba. A general
license is added to permit travel to Cuba once a year in cases of
extreme humanitarian need. Statements of licensing policy are
added concerning the availability of specific licenses for public
performances, educational exchanges, activities of human rights
organizations, and the reciprocal establishment of news
organization offices. Payment of expenses for intellectual
property protection in Cuba is also authorized. In addition, a
number of clarifying technical amendments are included in this
final rule.
EFFECTIVE DATE: [insert date of filing]
FOR FURTHER INFORMATION CONTACT: Steven I. Pinter, Chief of
Licensing (tel.: 202/622-2480), or William B. Hoffman, Chief
Counsel (tel.: 202/622-2410), Office of Foreign Assets Control,
Department of the Treasury. Washington, D.C. 20220.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document is available as an electronic file on The
Federal Bulletin Board the day of publication in the Federal
Register. By modem, dial 202/515-1387 and type "/GO FAC." or call
202/512-1530 for disks or paper copies. This file is available
for downloading in WordPerfect, ASCII, and Adobe AcrobatTM
readable (* .PDF) formats. The document is also accessible for
downloading in ASCII format without change from Treasury's
Electronic Library ("TEL") in the "Business, Trade and Labor
Mall" of the FedWorld bulletin board. By modem dial 703/321-3339,
and select self-expanding file "Tl lFROO.EXE" in TEL. For Internet
access, use one of the following protocols: Telnet = fedworld.gov
(192.239.93.3); World Wide Web (Home Page)=
hhtp://www.fedworld.gov; FTP = ftp.fedworld.gov ( 192.239. 92.205).
Background
On October 6, 1995, President Clinton announced a number of
changes to the administration of the Cuban embargo intended to
promote democratic change in Cuba. Accordingly, the Office of
Foreign Assets Control is amending the Cuban Assets Control
Regulations, 31 CFR part 515 (the "Regulations"), to implement
these measures.
Section 514.416 is amended to expand the interpretation of
the term "research and similar activities" to include research
conducted on behalf of an organization with an established
interest in international relations. Individuals acting on behalf
of such an organization may apply for a specific license to
authorize travel-related transactions in Cuba. Section 515.417 is
added to the Regulations to establish the basis on which specific
licenses to authorize travel-related transactions will be granted
to individuals engaging in free-lance journalism. Section 515.419
is added providing an interpretation of the term "educational
activities." Specific licenses will be available for individuals
who are attending certain meetings of international organizations
in Cuba. Undergraduates' travel to Cuba for study toward a degree
may be licensed if the activities are sponsored by a college or
university.
Sections 515.527 and 515.528 are amended to authorize
transactions including payments to the United States by Cuban
nationals and payments to Cuba by U.S. companies and individuals
related to the protection of intellectual property. A new general
license is established at§ 515.560(a)(l)(iii) to permit travel
to Cuba once a year to visit close relatives in circumstances of
extreme humanitarian need. Clarifying amendments are made to
§ 515.560(g) to make clear that "fully hosted or sponsored"
travelers may not use the charter services authorized pursuant to
§ 515.566. Section 51 5.565 is amended to provide that specific
licenses may be issued for public performances or public
exhibitions in Cuba. A new§ 515.572 is added to the Regulations
which states that specific licenses may be issued on a case-bycase basis to permit the establishment of offices for news
organizations in the United States by Cubans and in Cuba by U.S.
persons.
A new§ 515.573 is added to the Regulations authorizing
educational exchanges for Cuban and U.S. scholars, as well as
2
study in a Cuban academic institution by graduate and
undergraduate students. Section 515.574 is added to the
Regulations to allow for specific licensing of activities of
human rights organizations and other non-governmental
organizations to support the Cuban people.
In addition, certain technical amendments are included in
this rule. The term "authorized trade territory'' is redefined in
§ 515.322. Sections 515.413 and 515.561 are being removed from
the Regulations. Section 515.413, concerning certain engineering
advice, related to a general license that is no longer included
in the Regulations; accordingly,§ 515.413 is being removed as
unnecessary. Section 515.561 was originally incorporated into the
Regulations to authorize travel in support of transactions
authorized under an earlier version of§ 515.559. The continued
authorization of travel transactions is inconsistent with the
present limited scope of§ 515.559. Finally§ 515.563 is amended
to clarify that remittances related to emigration from Cuba
continue to be authorized under general license.
Because 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.
List of Subjects in 31 CFR Part 515
Administrative practice and procedure, Air carriers, Banks,
banking. Cuba, Currency, Estates, Exports, Fines and penalties,
Foreign investment in the United States, Foreign trade, Imports,
Informational materials, Publications, Reporting and
recordkeeping requirements, Securities, Shipping. Travel
restrictions, Trusts and trustees, Vessels.
For the reasons set forth in the preamble, 31 CFR part 515
is amended as set forth below:
PART 515--CUBAN ASSETS CONTROL REGULATIONS
1. The authority citation for part 515 continues to read as
follows:
Authority: 50 U.S.C. App. 1-44; 22 U.S.C. 6001-6010; 22
U.S.C. 2370(a); Proc. 3447, 27 FR 1085, 3 CFR 1959-1963 Comp.,
p. 157; E.O. 9193, 7 FR5205, 3 CFR 1938-1943 Comp .. p. 1174;
E.O. 9989, 13 FR4891, 3 CFR 1943-1948 Comp .. p. 748; E.O.
3
12854, 58 FR36587, 3 CFR 1993 Comp., p. 614.
Subpart C--General Definitions
2. Paragraph (a) of§ 515.322 is revised to read as follows:
§ 515.322 Authorized trade territoxy; member of the authorized
trade territoxy.
(a) The term authorized trade territoxy includes all
countries, including any colony, territoxy, possession, or
protectorate, except those countries subject to sanctions
pursuant to this chapter. The term does not include the United
States.
*****
Subpart D--Interpretations
§ 515.413 [Removed and Reserved]
3. Section 515.413 is removed and reserved.
4. The introductoxy text of paragraph (a) and paragraph
(a)(l) of§ 515.416 are revised to read as follows:
§ 515.416 Professional research and similar activities.
(a) Section 515.560(b) sets forth the criteria on which
specific licenses for transactions related to travel to, from,
and within Cuba may be issued for persons engaging in
professional research and similar activities of a noncommercial,
academic nature. Persons traveling to Cuba to engage in
professional research must engage in a full work schedule in
Cuba, and there must be a substantial likelihood of public
dissemination of the product of their research. No transactions
related to tourist or recreational travel within Cuba are
authorized in connection with professional research, except those
that are consistent with a full schedule of research activities.
( l) Persons are considered to be engaging in professional
research for purposes of this section:
(i) If they are full-time professionals who travel to Cuba
to do research in their professional areas and their research is
specifically related to Cuba; or
(ii) If they are acting on behalf of an organization with an
established interest in international relations to collect
4
information related to Cuba.
*****
5. Section 515.417 is added to subpart D to read as follows:
§ 515.417 Free-lance journalists.
(a) Section 515.560(a)(2) authorizes travel transactions for
journalists who are regularly employed in that capacity by a news
reporting organization. For individuals who wish to travel to
Cuba to do research for a free-lance article, specific licenses
will be issued pursuant to § 5 l 5.560(b) on a case-by-case basis
upon submission of an adequate written application including the
following documentation:
( 1) A detailed itinerary and a detailed description of the
proposed research; and
(2) A resume or similar document showing a record of
publications.
(b) To qualify for specific licensing pursuant to
§ 515.560(b), the itinerary for the proposed research in Cuba for
a free-lance article must demonstrate that the research
constitutes a full work schedule that could not be accomplished
in a shorter period of time.
6. Section 515.41 9 is added to subpart D to read as follows:
§ 515.419 Travel related to educational activities.
(a) Section 515.560(b) provides, in part, that specific
licenses will be issued to persons for travel to Cuba for clearly
defined educational activities. Transactions related to travel
and maintenance in Cuba for the following activities will be
licensed upon submission of an adequate written application:
( 1) Attendance at a meeting or conference held in Cuba by a
person with an established interest in the subject of the meeting
or conference, provided that:
(i) The meeting or conference is organized by an
international institution or association that regularly sponsors
meetings or conferences in other countries; and
(ii) The purpose of the meeting or conference is not the
promotion of tourism in Cuba or other commercial activities
5
involving Cuba that are inconsistent with this part; and
(2) Activities related to study for an undergraduate or
graduate degree sponsored by a college or university located in
the United States.
(b) Transactions related to travel that is primarily tourist
travel, including self-directed educational activities that are
intended for personal enrichment, will not be licensed pursuant
to§ 515.560(b).
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
7. Section 515.527 is revised to read as follows:
§ 515.527 Certain transactions with respect to United States
intellectual property.
(a) Transactions related to the registration and renewal in
the United States Patent and Trademark Office or the United
States Copyright Office of patents, trademarks, and copyrights in
which the Government of Cuba or a Cuban national has an interest
are authorized.
(b) This section authorizes the payment from blocked
accounts or otherwise of fees currently due to the United States
Government in connection with any transaction authorized in
paragraph (a) of this section.
(c) This section further authorizes the payment from blocked
accounts or otherwise of the reasonable and customary fees and
charges currently due to attorneys or representatives within the
United States in connection with the transactions authorized in
paragraph (a) of this section.
8. The section heading and the introductory text of
paragraph (a) of§ 515.528 are revised to read as follows:
§ 515.528 Certain transactions with respect to blocked foreign
intellectual property.
(a) The following transactions by any person who is not a
designated national are hereby authorized:
* * * **
9. Paragraphs (a), (b) and (g) of§ 515.560 are revised to
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read as follows:
§ 515.560 Certain transactions incident to travel to and within
Cuba.
(a)(l) General license. The transactions in paragraph (c) of
this section are authorized in connection with travel to Cuba by:
(i) Persons who are officials of the United States
Government or of any foreign government, or of any
intergovernmental organization of which the United States is a
member, and who are traveling on official business;
(ii) Journalists regularly employed in that capacity by a
news reporting organization; or
(iii) Persons, and persons traveling with them who share a
common dwelling as a family with them, who are traveling to visit
close relatives in Cuba in circumstances that demonstrate extreme
humanitarian need, provided that the authorization contained in
this paragraph may be used only once in any 12 month period. Any
additional transactions must be specifically licensed pursuant to
paragraph (b) of this section.
·
(2) Nothing in this section authorizes transactions in
connection with tourist travel to Cuba, nor does it authorize
transactions in relation to any business travel not otherwise
authorized by specific license issued pursuant to this part.
(b) Specific licenses. Specific licenses authorizing the
transactions in paragraph (c) of this section may be issued in
cases involving extreme humanitarian need to persons or persons
living in the same household, who seek to travel to visit close
relatives in Cuba of such persons more than once in a calendar
year. Specific licenses may also be issued to persons to travel
to Cuba for humanitarian reasons based on a demonstrated
compelling need to travel, for professional research and similar
activities consistent ·with § 515.416, for free lance journalism
consistent with§ 515.417, for clearly defined educational
activities consistent with § 515.419, for religious activities,
for activities of recognized human rights organizations
investigating human rights violations, or for purposes related to
the exportation, importation, or transmission of information or
informational materials as defined in§ 515.332.
( 1) For purposes of this section, the term close relative
means spouse, child, grandchild, parent, grandparent, great
grandparent, uncle, aunt, brother, sister, nephew, niece, first
cousin, mother-in-law, father-in-law, daughter-in-law, son-in-
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law, sister-in-law, brother-in-law, or spouse, widow, or widower
of any of the foregoing.
(2) Nothing in this section authorizes transactions in
connection with tourist travel to Cuba. Travel to Cuba that is
characterized as falling within the criteria specified in
paragraph (b) is prohibited unless specifically licensed.
•••••
(g)( 1) For purposes of this section, all necessary
transactions involving fully sponsored or hosted travel to, from,
and within Cuba are authorized, provided that:
(i) No person subject to the jurisdiction of the United
States shall make any payment or transfer any property or provide
any service to Cuba or a Cuban national in connection with such
travel; and
(ii) The travel is not aboard a direct flight between the
United States and Cuba authorized pursuant to§ 515.566 of this
part.
(2) Travel shall be considered fully sponsored or hosted for
purposes of this section notwithstanding a payment by the person
subject to the jurisdiction of the United States for
transportation to and from Cuba, provided that the carrier
furnishing the transportation is not a Cuban national.
§ 515.561 [Removed and Reserved]
10. Section 515.561 is removed and reserved.
11. Section 515.563 is revised to read as follows:
§ 515.563 Family remittances to nationals of Cuba.
(a) Specific licenses may be issued on a case-by-case basis
authorizing remittances to a close relative of the remitter or of
the remitter's spouse who is a national of Cuba and who is
resident in Cuba or in the authorized trade territory. Such
remittances will be authorized only in circumstances where
extreme humanitarian need is demonstrated, including terminal
illness or severe medical emergency.
(b) Remittances to any close relative of the remitter or of
the remitter's spouse who is a national of Cuba or who is
resident in Cuba are authorized for the purpose of enabling the
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payee to emigrate from Cuba to the United States, in an amount
not exceeding $500, to be made only once to any payee, provided
that the payee is a resident of and within Cuba at the time the
payment is made.
(c) The term close relative used with respect to any person
means such person's spouse, child, grandchild, parent,
grandparent, great grandparent, uncle, aunt, brother, sister,
nephew, niece, first cousin, mother-in-law, father-in-law, sonin-law, daughter-in-law, sister-in-law, brother-in-law, or
spouse, widow, or widower of any of the foregoing.
12. Paragraph (c) is added to§ 515.565 to read as follows:
§ 515.565 Transactions in connection with public exhibitions or
performances.
*****
(c) Specific licenses may be issued in appropriate cases for
transactions incident to participation by a person subject to the
jurisdiction of the United States in a public exhibition or
performance in Cuba.
13. Section 515.572 is added to subpart E to read as
follows:
§ 515.572 Transactions by news organizations.
(a) Specific licenses may be issued authorizing all
transactions necessary for the establishment and operation of
news bureaus in Cuba whose primary purpose is the gathering and
dissemination of news to the general public. Transactions that
may be authorized include, but are not limited to, those incident
to the following:
( 1) Leasing office space and securing related goods and
services;
(2) Hiring Cuban nationals to serve as support staff;
(3) Purchasing Cuban-origin goods for use in the operation
of the office; and
(4) Paying fees related to the operation of the office in
Cuba.
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(b) Specific licenses may be issued authorizing transactions
necessary for the establishment and operation of news bureaus in
the United States by Cuban organizations whose primary purpose is
the gathering and dissemination of news to the general public.
(c) Specific licenses may be issued authorizing transactions
related to hiring Cuban nationals to provide reporting services
or other services related to the gathering and dissemination of
news.
(d) Note: The number assigned to a specific license issued
pursuant to this section should be referenced in all import
documents, and in all funds transfers and other banking
transactions through banks organized or located in the United
States, in connection with the licensed transaction to avoid the
blocking of goods imported from Cuba and the interruption of the
financial transactions with Cuba.
14. Section 515.573 is added to subpart E to read as
follows:
§ 515.573 Transactions related to educational exchanges.
Specific licenses may be issued on a case-by-case basis
authorizing the following:
(a) Transactions related to teaching at a Cuban academic
institution by an individual regularly employed in a teaching
capacity at a college or university located in the United States,
provided the activities are related to a college or university
academic program;
(b) Transactions related to the sponsorship of a Cuban
scholar to teach or engage in other scholarly activity at a
college or university located in the United States;
(c) Transactions related to participation in a formal course
of study at a Cuban academic institution by a graduate or
undergraduate student; and
(d) Transactions related to the organization of activities
described in paragraph (a), (b), or (c) of this section.
15. Section 515.57 4 is added to subpart E to read as
follows:
§ 515.574 Support for the Cuban people.
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(a) Specific licenses may be issued on a case-by-case basis
for transactions intended to provide support for the Cuban people
including. but not limited to, the following.
( 1) Activities of recognized human rights organizations; and
(2) Activities of individuals and non-governmental
organizations which promote independent activity intended to
strengthen civil society in Cuba.
(b) Licenses will only be issued pursuant to this section
upon a clearly articulated showing that the proposed transactions
are consistent with the purposes of this part and that no
significant accumulation of funds or financial benefit will
accrue to the Government of Cuba.
Dated: October 13, 1995.
R Richard Newcomb,
Director, Office of Foreign Assets Control.
Approved: October 13, 1995.
John P. Simpson,
Deputy Assistant Secretaiy (Regulatoiy, Tariff & Trade
Enforcement).
[FRDoc. 95-25976Filed 10-17-95; 11:09am]
BILLING CODE 4810-25-F
TO BE PUBLISHED IN THE FEDERAL REGISTER ON OCTOBER 20, 1995 ....
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