PRA package 1505-0168

PAPERWORK REDUCTION ACT SUBMISSION

Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's
Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement, and any
additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room
10102,725 17th Street NW, Washington, DC 20503.
1. AgencylSubagency originating request

2. OMB control number

Treasury/Office of Foreign Assets Control ("OFAC")
3. Type of information collection (check one)

a.
b.
c.
d.
e.

f.

o

a.
b.
c.

----

[tf Regular
0 Emergency - Approval requested by: _1__1_
0 Delegated

5. Small entities

collection for which approval has expired

Will this information collection have asignificant economic impact on a

Reinstatement, with change, of a previously approved

substantial number of small entities?

0

collection for which approval has expired

Existing collection in use without an OMB control number

51 No

Yes

6. Requested expiration date'

a.

For b-t, note Item A2 ofSupporting Statement instructions

7. Title

J505. O16~

4. Type of review requested (check one)

0 New Collection
0 Revision of a currently approved collection
Gl Extension of a currently approved collection
0 Reinstatement, without change, of a previously approved
0

a.

b. ONone

I:tf Three years from the approval date

b.

o Other: __1__

Travel Service Provider and Carrier Service Provider Submission

8. Agency form number(s) (ifapplicable)

N/A
9. Keywords
10. Abstract

Travel, Service, Provider, TSP, Carrier, CSP, Cuba, Reporting, Recordkeeping
Submissions will provide the U.S. Government with information to be used in enforcing various
economic sanctions programs administered by OFAC under 31 CFR chapter V.

11. Affected public (Mark primary with 'p' and all others with ''X")
a. - Individuals or households
d. - Farms
b. E. Business or other for-profit
e. - Federal Governmenl
c. _ Not-for-profit institutions
f. _ State, Local, or Tribal Government

12. Obligation to respond (Mark primary with "P" and all others that apply with "X")
a. D Voluntary
b.
Required to obtain or retain benefits
c.
Mandatory

13. Annual reporting and recordkeeping hour burden

14. Annual reporting and recordkeeping cost burden (in thousands ofdollars)

rn
rn

181
228,000

a. Number of respondents
b. Total annual responses

0
0
0
0
0

a. Total annualized capital/startup costs
b. Total annual costs (O&M)
c. Total annualized cost requested

1. Percentage of these responses

100
19,000
19,000
0

collected electronically
c. Total annual hours requested
d. Current OMB inventory
e. Difference

d. Current OMB inventory

%

e. Difference
f. Explanation of difference
1. Program change

2. Adjustment

f. Explanation of difference
1. Program change
2. Adjustment
15. Purpose of information collection (Mark primary with 'p' and all others that
a. _ Application for benefits

e. _ Program planning or management

b. _ Program evaluation

f. - Research
g. r...- Regulatory or compliance

c. _ General purpose statistics
d. ~Audit

16. Frequency of recordkeeping or reporting (check all that apply)
a. ~ Recordkeeping

apply with ''X'')

17. Statistical methods

c.

1. D On occasion
4.
7.

0
0

Quarterly
Biennially

0

2.0
5. 0
8.

Third party disclosure
Weekly

3. 0

Semi-annually

6.

III Other (describe)

0

Monthly
Annually

Variable

18. Agency contact (person who can best answer questions regarding the content
ofthis submission)

Does this information collection employ statistical methods?
DYes

~

No

Name:
Phone:

OMB 83-1

b.

51 Reporting:

Peter Kucik
202-622-3939
10/95

19. Certification for Paperwork Reduction Act Submissions
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with

5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8(b)(3), appear at the end of the
instructions. The certification is to be made with reference to those regulatory provisions as set forth in
the instructions.
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(D It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective manage­
ment and use of the information to be collected (see note in Item 19 of the instructions);
(i) It uses effective and efficient statistical survey methodology (if applicable); and

Q) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in
Item 18 of the Supporting Statement.

Date

OMS 83-1

10/95

Renewal ofOMB Authorization No. 1505-0168
SUPPORTING STATEMENT

This filing contains the information required by the Office of Management and Budget pursuant
to the Paperwork Reduction Act of 1995,44 U.S.C. 3501-3520, and 5 CFR part 1320.
A. Justification.

1. Explain the circumstances that make the collection ofinformation necessary. Identify any
legal or administrative requirements that necessitate the collection. Attach a copy ofthe
appropriate section ofeach statute and regulation mandating or authorizing the collection of
information.
The accompanying OMB 83-1 application is submitted to extend the information collection
authority with regard to information collected from Travel Service Providers ("TSP") and Carrier
Service Providers ("CSP") and provided to the Office of Foreign Assets Control ("OFAC")
pursuant to the Cuban Assets Control Regulations set forth in 31 CFR part 515 (the
"Regulations"). See Attachment 1. These Regulations are implemented pursuant to the Trading
With the Enemy Act (50 U.S.C. App. 1-44) and the Cuban Liberty and Democratic Solidarity Act
(22 U.S.C. 6021-91). See Attachments 2 and 3, respectively.
Since 1989, OFAC has regulated certain businesses [TSPs and CSPs] that are authorized by
OFAC to engage in limited and regulated business activity with Cuba in connection with travel to
Cuba. TSPs and CSPs handle travel arrangements to, from, or within Cuba and provide the
service of transporting passengers to Cuba on chartered aircraft. In order for OFAC to ensure
that all travel to Cuba on direct flights is in accordance with U.S. law, OFAC must collect certain
personal data about the travelers from the TSPs and CSPs. The information is similar to that
collected by a business in the normal process of arranging travel to Cuba and is a condition of the
TSP's and CSP's authorization by OFAC to provide such services. The collection is as follows:
1) The TSPs first collect personal data (full name, including mother's maiden name; address;
date of birth; passport country of issuance and number; and category of travel under OFAC
regulations permitting certain travel) for each traveler when making a reservation for the
traveler to travel to Cuba.
2) TSPs must provide this information to the CSPs before the CSPs may accept a reservation or
sell a seat on a CSP flight.
3) CSPs then forward, for each traveler, the personal information collected by the TSPs, coupled
with the U.S. departure and return dates and the name of the TSP that arranged for the travel,
to OFAC in Washington, DC no later than 72 hours after the departure of the flight.
2. Indicate how, by whom, andfor what purpose the information is to be used. Exceptfor a new
collection, indicate the actual use the agency has made ofthe information receivedfrom the
current collection.
The information collected is used by OFAC to verify that all travel to Cuba on direct flights is in
accordance with U.S. law. Specifically, the information is used by OFAC to verify that travelers

2

to Cuba on direct flights are licensed by OFAC to engage in such travel and facilitate OFAC's
learning of, and following up on, potential violations of U.S. law.

3. Describe whether, and to what extent, the collection ofinformation involves the use of
automated, electronic, mechanical, or other technological collection techniques or other forms
ofinformation technology, e.g. permitting electronic submission ofresponses, and the basis for
the decision for adopting this means ofcollection. Also describe any consideration ofusing
information technology to reduce burden.
This collection is done completely by electronic mail (e-mail) in order to improve the timeliness,
efficiency and effectiveness of relaying this enforcement-related data to OFAC.

4. Describe efforts to identify duplication. Show specifically why any similar information already
available cannot be used or modifiedfor use for the purposes described in item 2. above.
There is no duplication of records as each submission is specific to a particular person and a
particular travel itinerary.

5. If the collection ofinformation impacts small businesses or other small entities (Item 5 of
OMB Form 83-1), describe any methods used to minimize burden.
The TSPs, who collect this personal information from travelers, and the CSPs, who transmit this
data to OFAC, are businesses that have been granted authorization from OFAC to engage in
Cuba travel transactions for several reasons, including their capability to collect and process the
information travelers to Cuba are required to provide.
CSPs, by their very nature, require sophisticated computer systems containing Internet and e-mail
access, as a practical necessity. This fact allows CSPs to easily utilize our user-friendly e-mail
format and entering the data for each traveler should not exceed 5 minutes.

6. Describe the consequence to Federal program or policy activities ifthe collection is not
conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing
burden.
If the collection were not conducted by OFAC in this electronic format, OFAC's enforcement of
the Regulations would suffer, as the information would not be timely.
Generally, the information could not be collected less frequently unless it was not collected at all.
For example, the information is only collected on each traveler to Cuba when that traveler makes
the reservation and is only sent to OFAC once the traveler has purchased a seat on a CSP flight to
Cuba. To collect the information less frequently would result in incomplete records regarding
travel to Cuba, prevent OFAC from tracking and ensuring compliance with the Regulations, and
jeopardize potential civil penalty or other enforcement actions.

7. Explain any special circumstances that require the collection to be conducted in a manner:

3

X

requiring respondents to report information to the agency more often than quarterly;
Collection of information from the CSPs is required more often than quarterly because
there are several flights a week to Cuba and OFAC needs the information no later than 72
hours after departure from the United States. TSPs must provide the specified
information to CSPs with respect to every reservation on a flight sponsored by that CSP.

X

requiring respondents to prepare a written response to a collection ofinformation in
fewer than 30 days after receipt ofit;
See above.

X

requiring respondents to submit more than an original and two copies ofany document;
CSPs are required to submit only one copy of the required documents.

X

requiring respondents to retain records, other than health, medical, government contract,
grant-in-aid, or tax records, for more than three years;
TSPs and CSPs are required to retain a copy of the information for five years as a
condition of OFAC authorization to engage in Cuba-related travel transactions.

X

in connection with a statistical survey, that is not designed to produce valid and reliable
results that can be generalized to the universe ofstudy;
The information collections are not part of a statistical survey.

X

requiring the use ofa statistical data classification that has not been reviewed and
approved by OMB;
Not Applicable.

X

that includes a pledge ofconfidentiality that is not supported by authority established in
statute or regulation, that is not supported by disclosure and data security policies that
are consistent with the pledge, or which unnecessarily impedes sharing ofdata with other
agencies for compatible confidential use;
It is the policy of OFAC to protect the confidentiality of information in appropriate cases
pursuant to the exemptions from disclosure provided under the Freedom of Information
Act and the Privacy Act.

X

requiring respondents to submit proprietary trade secrets, or other confidential
information unless the agency can demonstrate that it has institutedprocedures to protect
the information's confidentiality to the extent permitted by law.
The information requested is personal identification information for law enforcement
purposes. Moreover, it is the policy of OFAC to protect the confidentiality of
information in appropriate cases pursuant to the exemptions from disclosure provided
under the Freedom of Information Act and the Privacy Act.

8. If applicable, provide a copy and identifY the date and page number ofpublication in the
Federal Register ofthe agency's notice, required by 5 CFR 1320.8(d), soliciting comments on
the information collection prior to submission to OMB. Summarize public comments received in
response to that notice and describe actions taken by the agency in response to these comments.

4

Specifically address comments received on cost and hour burden.
A copy of the Federal Register Notice of July 1,2008, 73 FR 37532, soliciting comments is
included as Attachment 4. OFAC received no comments.
Describe efforts to consult with persons outside the agency to obtain their views on the
availability ofdata, frequency ofcollection, the clarity ofinstructions and record keeping,
disclosure, or reportingformat (ifany), and on the data elements to be recorded, disclosed, or
reported.
We solicited comments through the Federal Register notice referenced above and received no
responses. However, upon further internal review, it was determined that the number of
respondents would only equal the number of TSPs and CSPs, as the information collection is
required of those entities and not the traveler who provides the information. In the above­
referenced Federal Register notice, the individual traveler entries, multiplied by two in order to
reflect the submission of the information from the TSP to the CSP and then the submission by
the CSP to OFAC for each traveler, were utilized as the number of respondents. The correct
number of respondents, the 181 licensed TSPs and CSPs, is now listed on the attached 83-1.
Consultation with representatives ofthose from whom information is to be obtained or those who
must compile records should occur at least once every 3 years - even ifthe collection of
information activity is the same as in prior periods. There may be circumstances that mitigate
against consultation in a specific situation. These circumstances should be explained.
Not applicable.
9. Explain any decision to provide any payment or gift to respondents, other than remuneration
ofcontractors or grantees.
Respondents receive no payment or gifts for completing the subject electronic manifest.
10. Describe any assurance ofconfidentiality provided to respondents and the basis for the
assurance in statute, regulation, or agency policy.
The information requested is personal identification information and is needed for law
enforcement. Moreover, it is the policy of OFAC to protect the confidentiality of information
pursuant to the exemptions from disclosure provided under the Freedom of Information Act and
the Privacy Act.
11. Provide additional justification for any questions ofa sensitive nature, such as sexual
behavior and attitudes, religious beliefs, and other matters that are commonly considered
private. This justification should include the reasons why the agency considers the questions
necessary, the specific uses to be made ofthe information, the explanation to be given to persons
from whom the information is requested, and any steps to be taken to obtain their consent.
OFAC makes no requests for sensitive information of the type described above.

5

12. Provide estimates ofthe hour burden ofthe collection ofinformation. The statement should:
X

em

Indicate the number ofrespondents, frequency ofresponse, annual hour burden, and
explanation ofhow the burden was estimated Unless directed to do so, agencies should
not conduct special surveys to obtain information on which to base hour burden
estimates. Consultation with a sample (fewer than 10) ofpotential respondents is
desirable. If the hour burden on respondents is expected to vary widely because of
differences in activity, size, or complexity, show the range ofestimated hour burden and
explain the reasons for the variance. Generally, estimates should not include burden
hours for customary and usual business practices.
The time it should take for each TSP to provide the required information with respect to
each traveler to the CSPs is one to five minutes per entry. We anticipate there will be up
to 2,192 entries per week, or up to 114,000 entries annually, for all of the TSPs in the
aggregate. At five minutes each, the entries to be made by the TSPs will take
approximately 570,000 minutes (9,500 hours) annually in the aggregate. The estimate is
based on several Treasury employees' attempts to compile the information that TSPs will
forward to CSPs for each traveler.
Completing the electronic manifest form should take CSPs one to five minutes per entry,
and there will be up to 2,192 entries per week, or up to 114,000 entries annually, for
CSPs in the aggregate. At five minutes each, the entries to be made by the CSPs will take
approximately 570,000 minutes (9,500 hours) annually in the aggregate. The estimate
was based several Treasury employees' attempts to complete the electronic form that will
be required of the CSPs.

x

If the request for approval covers more than one form, provide separate hour burden
estimates for each form and aggregate the hour burdens in Item 13 ofOMB Form 83-J
There is only one form.

X

Provide estimates ofannualized cost to respondents for the hour burdens for collections
ofinformation, identifj;ing and using appropriate wage rate categories. The cost of
contracting out or paying outside parties for information collection activities should not
be included here. Instead, this cost should be included in Item 13.
At 9,500 hours annually for TSPs in the aggregate, the hour burden amounts to 4.75
employees for the TSPs as an aggregate or an average of .03 employees per TSP. At
9,500 hours annually for CSPs in the aggregate, the hour burden amounts to 4.75
employees for the CSPs in the aggregate or an average of.13 employees per CSP.

13. Provide an estimate ofthe total annual cost burden to respondents or record-keeper resulting
from the collection ofinformation. (Do not include the cost ofany hour burden shown in Items
12 and 14.)
X

The cost estimate should be split into two components: (a) a total capital and start-up

6

cost component (annualized over its expected useful life) and (b) a total operation and
maintenance component. The estimates should take into account costs associated with
generating, maintaining, and disclosing or providing the information. Include
descriptions ofmethods used to estimate major costfactors including system and
technology acquisition, expected useful life ofcapital equipment, the discount raters), and
the time period over which costs will be incurred. Capital and start-up costs include,
among other items, preparations for collecting information such as purchasing
computers and software; monitoring, sampling, drilling and testing equipment; and
record storage facilities.
The burden imposed on the CSPs by this electronic form is minimal as OFAC has
provided software and assisted in the installation and maintenance of such software.
The burden imposed TSPs and CSPs is also minimal since the collection, maintenance
and submission of the information has been required in the past and has been eased
further through the use of software, the internet and e-mail.

x

If cost estimates are expected to vary widely, agencies should present ranges ofcost
burdens and explain the reasons for the variance. The cost ofpurchasing or contracting
out information collection services should be a part ofthis cost burden estimate. In
developing cost burden estimates, agencies may consult with a sample ofrespondents
(fewer than 10), utilize the 60-day pre-OMB submission public comment process and use
existing economic or regulatory impact analysis associated with the rulemaking
containing the information collection, as appropriate.
Not applicable.

X

Generally, estimates should not include purchases ofequipment or services, or portions
thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with
requirements not associated with the information collection, (3) for reasons other than to
provide information or keep records for the government, or (4) as part ofcustomary and
usual business or private practices.
Not applicable.

14. Provide estimates ofannualized cost to the Federal Government. Also, provide a description
ofthe method used to estimate cost, which should include quantification ofhours, operational
expenses (such as equipment, overhead, printing, and support stajJ), and any other expense that
would not have been incurred without this collection ofinformation. Agencies may also
aggregate cost estimates from paragraphs 12, 13, and 14 in a single table.
The cost to the U.S. Government attributable to this information collection effort is comprised of
maintenance and installation of the electronic manifest software, and the daily receipt of the e­
mail submissions from the CSPs. This is roughly 240 hours of time by a GS-14 employee. This
cost is far below the alternative costs that would be incurred by the U.S. Government in receiving
approximately 2,192 hardcopy submissions per week and entering the data into a database.

7

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of
the OMB Form 83-1
There has been a small increase in the number of TSPs and CSPs from 175 to 181. This increase
has had no effect on the total annual responses or hours.

16. For collections ofinformation whose results will be published, outline plans for tabulation
and publication. Address any complex analytical techniques that will be used Provide the time
schedule for the entire project, including beginning and ending dates ofthe collection of
information, completion ofreport, publication dates, and other actions.
Results will not be published.

17. If seeking approval to not display the expiration date for OMB approval ofthe information
collection, explain the reasons that display would be inappropriate.
Not applicable.

18. Explain each exception to the certification statement identified in Item 19, "Certification for
Paperwork Reduction Act Submissions, " ofOMB Form 83-1
Not applicable.

B. Collections of Information Employing Statistical Methods.
Not applicable.

ATTACHMENT 1

§515.572

Office of Foreign Assets Control, Treasury

(3) No payment or transfer is made
from a blocked account in which a spe­
cially designated national has an inter­
est.
(c) This section does not authorize
any transfer of property to Cuba, or,
except as otherwise authorized in para­
graph (b) of this section, any debit to a
blocked account.
NOTE TO §515.571: For the authorization of
certain transactions by Cuba nationals who
become U.S. citizens, apply for or receive
U.S. permanent resident alien status, or are
paroled into the United States, see §515.505
of this part.
[64 FR 25819, May 13, 1999, as amended at 68
FR 14148, Mar. 24, 2003; 69 FR 33773, June 16,
2004]

§ 515.572

Authorization of transactions
incident to the provision of travel
services, carrier services, and re­
mittance forwarding services.

(a)(l) Authorization of travel service
provider. The following persons wishing
to provide services in connection with
travel to Cuba are "travel service pro­
viders" for purposes of this part: Trav­
el agents, ticket agents, commercial
and noncommercial organizations that
arrange travel to Cuba; tour operators;
persons arranging through transpor­
tation to Cuba; persons chartering an
aircraft or vessel on behalf of others in
Cuba; and persons arranging hotel ac­
commodations, ground transportation,
local tours, and similar travel activi­
ties on behalf of others in Cuba. Travel
service providers must obtain author­
ization from the Office of Foreign As­
sets Control before providing services
with respect to travel to Cuba. The list
stated above should not be considered
exhaustive, as other persons may be
"travel service providers" within the
meaning of this part. Opinions may be
obtained from the Office of Foreign As­
sets Control concerning the applica­
bility of this licensing requirement in
individual cases.
(2) Authorization of carrier service pro­
vider. Persons subject to U.S. jurisdic­

tion wishing to provide carrier services
by aircraft or vessels incidental to
their non-scheduled flights or voyages
to, from, or within Cuba are "carrier
service providers" for purposes of this
part. Carrier service providers must ob­
tain authorization from the Office of

Foreign Assets Control before pro­
viding services with respect to non­
scheduled flights or voyages to, from,
or within Cuba. Carriage to or from
Cuba of any merchandise, cargo or
gifts, other than those permitted to in­
dividual travelers as accompanied bag­
gage, must also be authorized by li­
censes issued by the U.S. Department
of Commerce.
(3) Authorization of remittance for­
warders. Persons subject to U.S. juris­

diction, including persons who provide
remittance forwarding services and
noncommercial organizations acting
on behalf of donors, who wish to pro­
vide services in connection with the
collection or forwarding of remittances
authorized pursuant to this part must
obtain a license from the Office of For­
eign Assets Control. Depository insti­
tutions, as defined in §515.533, must ob­
tain a license pursuant to this section
only for the provision of services in
connection with the collection and for­
warding of remittances authorized pur­
suant to paragraphs (a), (b), and (c) of
§ 515.570. Depository institutions do not
need a license pursuant to this section
to provide such services with respect to
any other remittances authorized pur­
suant to this part.
(b) Terms and conditions of authoriza­
tion to engage in service transactions. Au­

thorization to engage in service trans­
actions will be issued only upon the ap­
plicant's written affirmation and sub­
sequent demonstration that it does not
participate in discriminatory practices
of the Cuban government against cer­
tain residents and citizens of the
United States. Examples of such prac­
tices include, but are not limited to,
charging discriminatory rates for air
travel or requiring payment for serv­
ices, such as hotel accommodations
and meals, not desired, planned to be
utilized, or actually utilized, based on
such characteristics as race, color, reli­
gion, sex, citizenship, place of birth, or
national origin. Authorization, wheth­
er a grant of provisional authorization
or a license issued pursuant to this
part, does not permit a travel or car­
rier service provider to provide services
in connection with any individual's
transactions incident to travel which
are prohibited by this part.

133

§515.572

31 CFR Ch. V (7-1-07 Edition)

(c) Initial applications for licenses. The
initial application for a license shall
contain:
(1) The applicant organization's
name, address, telephone number, and
the name of an official of the applicant
organization responsible for its li­
censed services;
(2) The state of applicant's organiza­
tion, if a juridical entity, the address
of its principal place of business and all
branch offices, the identity and owner­
ship percentages of all shareholders or
partners, and the identity and position
of all principal officers and directors;
(3) Copies of any bylaws, articles of
incorporation, partnership agreements,
management agreements, or other doc­
uments pertaining to the organization,
ownership, control, or management of
the applicant; and
(4)(i) In the case of applications for
authorization to serve as travel or car­
rier service providers, a report on the
forms and other procedures used to es­
tablish that each customer is in full
compliance with U.S. law imple­
menting the Cuban embargo and either
qualifies for one of the general licenses
contained in this part authorizing trav­
el-related transactions in connection
with travel to Cuba or has received a
specific license from the Office of For­
eign Assets Control issued pursuant to
this part. In the case of a customer
traveling pursuant to a general license,
the applicant must demonstrate that it
requires each customer to attest, in a
signed statement, to his or her quali­
fication for the particular general li­
cense claimed. The statement must
provide facts supporting the customer's
belief that he or she qualifies for the
general license claimed. In the case of
a customer traveling under a specific
license, the applicant must dem­
onstrate that it requires the customer
to furnish it with a copy of the license.
The copy of the signed statement or
the specific license must be maintained
on file with the applicant.
(ii) In the case of applications for au­
thorization as remittance forwarders, a
report on the forms, account books,
and other recordkeeping procedures
used to determine whether each cus­
tomer has violated the terms of any
authorization for remittances con­
tained in or issued pursuant to this

part, or sent remittances to persons in­
eligible to receive them under §515.570;
and the method by which remittances
are sent to Cuba and the procedures
used by the applicant to ensure that
the remittances are received by the
persons intended.
(d) Required reports and recordkeeping.

(1) Each specific license or grant of
provisional authority shall require
that the service provider furnish an­
nual reports to the Department of the
Treasury, Office of Foreign Assets Con­
trol, Washington, DC 20220, during the
term of the license. The required con­
tent of such reports and their due dates
shall be provided to the service pro­
vider in a letter authorizing the pro­
vider to commence services. Each such
report will cover only the one-year pe­
riod immediately preceding the date of
the report.
(2) While the names and addresses of
individual travelers or remitters, the
number and amount of each remit­
tance, and the name and address of
each recipient, as applicable, need not
be submitted with annual reports, this
information must be retained on file
with all other information required by
§515.601 of this chapter. These records
must be furnished to the Office of For­
eign Assets Control on demand pursu­
ant to § 515.602 of this chapter.
(3) Presentation of passenger lists. Tour
operators, persons operating an air­
craft or vessel, or persons chartering
an aircraft or vessel on behalf of oth­
ers, for travel to, from, and within
Cuba must furnish the U.S. Customs
Service on demand a list of passengers
on each flight or voyage to, from, and
within Cuba.
(e) Procedures governing the grant of
provisional authority, denial, suspension,
or revocation of authority to engage in
service transactions-(l) Grant of provi­
sional authority. Following submission

of a complete application as described
in paragraph (c) of this section, the
submission of any additional relevant
information, and a preliminary evalua­
tion by the Office of Foreign Assets
Control, the applicant will be notified
in writing that provisional authority
has been granted to provide the serv­
ices contemplated in the application.
This provisional authority to provide
services will remain in effect pending a

134

§515.573

Office of Foreign Assets Control, Treasury

final decision to grant or deny the li­
cense.
(2) Denial of license-(i) Notice of de­
nial. If the Director, Office of Foreign

Assets Control, determines that the ap­
plication for a license to engage in
service transactions related to travel
to Cuba, carrier service transactions
related to travel to Cuba, or trans­
actions related to remittance for­
warding should be denied for any rea­
son, notice of denial shall be given to
the applicant. The notice of denial
shall state the reasons for the denial.
(ii) Grounds for denial. The causes suf­
ficient to justify denial of an applica­
tion for a license may include, but need
not be limited to:
(A) Any cause which would justify
suspension or revocation of the author­
ity of a service provider pursuant to
paragraph (e)(3) of this section;
(B) Failure to file a full and complete
application;
(C) Any willful misstatement of per­
tinent facts in the application;
(D) Evidence indicating that the ap­
plicant participates in discriminatory
practices of the Cuban Government
against certain residents and citizens
of the United States as described in
paragraph (b) of this section; or
(E) A reputation imputing to the ap­
plicant criminal. dishonest. or uneth­
ical conduct, or a record of such con­
duct.
(3) Suspension or revocation of a license
or provisional authorization. A license or

provisional authorization issued pursu­
ant to this section may be suspended
for a specific period of time, or re­
voked, for the following reasons:
(i) The service provider has willfully
made or caused to be made in any ap­
plication for any license, request for a
ruling or opinion, or report be filed
with the Office of Foreign Assets Con­
trol, any statement that was, at the
time and in light of the circumstances
under which it was made, false or mis­
leading with respect to any material
fact, or has omitted to state in any ap­
plication, request for ruling or opinion,
or report any material fact that was
required;
(ii) The service provider has failed to
file timely reports or comply with the
recordkeeping requirements of his li­
cense or provisional authorization.

(iii) The service provider has been
convicted, at any time after filing an
application for a license under this sec­
tion, of any felony or misdemeanor
that:
(A) Involved the importation, expor­
tation, or transfer of property in viola­
tion of any law or regulation adminis­
tered by the Office of Foreign Assets
Control;
(B) Arose directly out of the conduct
of the business covered by the license;
or
(C) Involved larceny, extortion, for­
gery, counterfeiting, fraudulent con­
cealment, embezzlement, fraudulent
conversion, misappropriation of funds,
or a violation of the Customs laws, ex­
port or import control laws, or banking
laws.
(iv) The service provider has violated
any provision of law enforced by the
Office of Foreign Assets Control or the
rules or regulations issued under any
such provision;
(v) The service provider has coun­
seled, commanded, induced, procured,
or knowingly aided or abetted the vio­
lation by any other person of any pro­
vision of any law or regulation referred
to above;
(vi) The service provider has, in the
course of the business covered by the
license, with felonious intent, in any
manner willfully and knowingly de­
ceived, defrauded, misled, threatened,
or coerced any client or prospective
client; or
(vii) The service provider has com­
mitted any other act or omission that
demonstrates unfitness to conduct the
business covered by the license.
[57 FR 53999, Nov. 16, 1992, as amended at 59
FR 31142, June 17, 1994; 59 FR 44886, Aug. 30,
1994; 63 FR 27349, May 18, 1998. Redesignated
and amended at 64 FR 25813, 25819, May 13,
1999; 68 FR 14148, Mar. 24, 2003; 69 FR 33773,
June, 16, 2004]

Transactions by news organi­
zations.

§ 515.573

(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 dissemi­
nation of news to the general public.
Transactions that may be authorized

135

ATTACHMENT 2

TRADING WITH THE ENEMY ACT ("TWEA")
UNITED STATES CODE

TITLE 50. WAR AND NATIONAL DEFENSE

TITLE 50 APPENDIX -- WAR AND NATIONAL DEFENSE.

TRADING WITH THE ENEMY ACT OF 1917

ACT OCT. 6, 1917, CH 106, 40 STAT. 411

Sec. 5. Suspension of provisions relating to ally of enemy; regulation of transactions in foreign
exchange of gold or silver, property transfers, vested interests, enforcement and penalties
(b) (1) During the time of war, the President may, through any agency that he may designate, and
under such rules and regulations as he may prescribe, by means of instructions, licenses, or
otherwise-­
(A) investigate, regulate, or prohibit, any transactions in foreign exchange, transfers of credit
or payments between, by, through, or to any banking institution, and the importing, exporting,
hoarding, melting, or earmarking of gold or silver coin or bullion, currency or securities, and
(B) investigate, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition
holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of,
or dealing in, or exercising any right, power, or privilege with respect to, or transactions
involving, any property in which any foreign country or a national thereof has any interest,
by any person, or with respect to any property, subject to the jurisdiction ofthe United States;
and any property or interest of any foreign country or national thereof shall vest, when, as,
and upon the terms, directed by the President, in such agency or person as may be designated
from time to time by the President, and upon such terms and conditions as the President may
prescribe such interest or property shall be h~ld, used, administered, liquidated, sold, or
otherwise dealt with in the interest of and for the benefit of the United States, and such
designated agency or person may perform any and all acts incident to the accomplishment or
furtherance of these purposes; and the President shall, in the manner hereinabove provided,
require any person to keep a full record of, and to furnish under oath, in the form of reports
or otherwise, complete information relative to any act or transaction referred to in this
subdivision either before, during, or after the completion thereof, or relative to any interest
in foreign property, or relative to any property in which any foreign country or any national
thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions
ofthis subdivision, and in any case in which a report could be required, the President may, in
the manner hereinabove provided, require the production, or if necessary to the national
security or defense, the seizure, of any books of account, records, contracts, letters,
memoranda, or other papers, in the custody or control of such person.
(2) Any payment, conveyance, transfer, assignment, or delivery of property or interest therein, made
to or for the account of the United States, or as otherwise directed, pursuant to this subdivision or

any rule, regulation, instruction, or direction issued hereunder shall to the extent thereof be a full
acquittance and discharge for all purposes of the obligation of the person making the same; and no
person shall be held liable in any court for or in respect to anything done or omitted in good faith in
connection with the administration of, or in pursuance of and in reliance on, this subdivision, or any
rule, regulation, instruction, or direction issued hereunder.
(3) As used in this subdivision the term "United States" means the United States and any place subject
to the jurisdiction thereof, [including the Philippine Islands, and the several courts of first instance
of the Commonwealth of the Philippine Islands shall have jurisdiction in all cases, civil or criminal,
arising under this subdivision in the Philippine Islands and concurrent jurisdiction with the district
courts of the United States of all cases, civil or criminal, arising upon the high seas]: Provided,
however, That the foregoing shall not be construed as a limitation upon the power of the President,
which is hereby conferred, to prescribe from time to time, definitions, not inconsistent with the
purposes of this subdivision, for any or all of the terms used in this subdivision. As used in this
section the term "person" means an individual, partnership, association, or corporation.
(4) The authority granted to the President by this section does not include the authority to regulate
or prohibit, directly or indirectly, the importation from any country, or the exportation to any country,
whether commercial or otherwise, regardless of format or medium oftransmission, of any information
or informational materials, including but not limited to, publications, films, posters, phonograph
records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news
wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include
those which are otherwise controlled for export under section 5 of the Export Administration Act of
1979 [50 USCS Appx. @ 2404], or under section 6 of that Act [50 USCS Appx. @ 2405] to the
extent that such controls promote the nonproliferation or antiterrorism policies of the United States,
or with respect to which acts are prohibited by chapter 37 of title 18, United States Code [<=1> 18
USCS @@ 791 et seq.].
Sec. 16. Offenses; punishment; forfeitures of property

(a) Whoever shall willfully violate any of the provisions of this Act or of any license, rule, or
regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with
any order ofthe President issued in compliance with the provisions of the Act shall, upon conviction,
be fined not more than $ 1,000,000, or if a natural person, be fined not more than $ 100,000, or
imprisoned for not more than ten years or both; and the officer, director, or agent of any corporation
who knowingly participates in such violation shall, upon conviction, be fined not more than $ 100,000
or imprisoned for not more than ten years or both.
(b)(l) A civil penalty ofnot to exceed $ 50,000 may be imposed by the Secretary of the Treasury on
any person who violates any license, order, rule, or regulation issued in compliance with the
provisions of this Act.
(2) Any property, funds, securities, papers, or other articles or documents, or any vessel, together
with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph
(1) shall, at the direction of the Secretary of the Treasury, be forfeited to the United States

Government.
(3) The penalties provided under this subsection may be imposed only on the record after opportunity
for an agency hearing in accordance with sections 554 through 557 of title 5, United States Code,
with the right to prehearing discovery.
(4) Judicial review of any penalty imposed under this subsection may be had to the extent provided
in section 702 of title 5, United States Code.
(c) Upon conviction, any property, funds, securities, papers, or other articles or documents, or any
vessel, together with tackle, apparel, furniture, and equipment, concerned in any violation of
subsection (a) may be forfeited to the United States.

ATTACHMENT 3

CUBAN DEMOCRACY ACT ("CDA")
UNITED STATES CODE
TITLE 22. FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 69.

Section 6001. Findings
The Congress makes the following findings:
(1) The government of Fidel Castro has demonstrated consistent disregard for internationally
accepted standards of human rights and for democratic values. It restricts the Cuban people's
exercise of freedom of speech, press, assembly, and other rights recognized by the Universal
Declaration ofHuman Rights adopted by the General Assembly of the United Nations on December
10, 1948. It has refused to admit into Cuba the representative of the United Nations Human Rights
Commission appointed to investigate human rights violations on the island.
(2) The Cuban people have demonstrated their yearning for freedom and their increasing opposition
to the Castro government by risking their lives in organizing independent, democratic activities on
the island and by undertaking hazardous flights for freedom to the United States and other countries.
(3) The Castro government maintains a military-dominated economy that has decreased the
well-being ofthe Cuban people in order to enable the government to engage in military interventions
and subversive activities throughout the world and, especially, in the Western Hemisphere. These
have included involvement in narcotics trafficking and support for the FMLN guerrillas in EI
Salvador.
(4) There is no sign that the Castro regime is prepared to make any significant concessions to
democracy or to undertake any form of democratic opening. Efforts to suppress dissent through
intimidation, imprisonment, and exile have accelerated since the political changes that have occurred
in the former Soviet Union and Eastern Europe.
(5) Events in the former Soviet Union and Eastern Europe have dramatically reduced Cuba's external
support and threaten Cuba's food and oil supplies.
(6) The fall of communism in the former Soviet Union and Eastern Europe, the now universal
recognition in Latin America and the Caribbean that Cuba provides a failed model of government and
development, and the evident inability of Cuba's economy to survive current trends, provide the
United States and the international democratic community with an unprecedented opportunity to
promote a peaceful transition to democracy in Cuba.
(7) However, Castro's intransigence increases the likelihood that there could be a collapse of the
Cuban economy, social upheaval, or widespread suffering. The recently concluded Cuban

Communist Party Congress has underscored Castro's unwillingness to respond positively to increasing
pressures for reform either from within the party or without.
(8) The United States cooperated with its European and other allies to assist the difficult transitions
from Communist regimes in Eastern Europe. Therefore, it is appropriate for those allies to cooperate
with United States policy to promote a peaceful transition in Cuba.
Sec. 6002. Statement of policy
It should be the policy of the United States-­

(1) to seek a peaceful transition to democracy and a resumption of economic growth in Cuba through
the careful application of sanctions directed at the Castro government and support for the Cuban
people;
(2) to seek the cooperation of other democratic countries in this policy;
(3) to make clear to other countries that, in determining its relations with them, the United States will
take into account their willingness to cooperate in such a policy;
(4) to seek the speedy termination of any remaining military or technical assistance, subsidies, or other
forms of assistance to the Government of Cuba from any of the independent states of the former
Soviet Union;
(5) to continue vigorously to oppose the human rights violations of the Castro regime;
(6) to maintain sanctions on the Castro regime so long as it continues to refuse to move toward
democratization and greater respect for human rights;
(7) to be prepared to reduce the sanctions in carefully calibrated ways in response to positive
developments in Cuba;
(8) to encourage free and fair elections to determine Cuba's political future;
(9) to request the speedy termination of any military or technical assistance, subsidies, or other forms
of assistance to the Government of Cuba from the government of any other country; and
(10) to initiate immediately the development of a comprehensive United States policy toward Cuba
in a post-Castro era.
Sec. 6003. International cooperation
(a) Cuban trading partners. The President should encourage the governments of countries that
conduct trade with Cuba to restrict their trade and credit relations with Cuba in a manner consistent
with the purposes of this title [22 USCS §§ 6001 note].

(b) Sanctions against countries assisting Cuba.

(1) Sanctions. The President may apply the following sanctions to any country that provides
assistance to Cuba:
(A) The government of such country shall not be eligible for assistance under the Foreign
Assistance Act of 1961 or assistance or sales under the Arms Export Control Act.
(B) Such country shall not be eligible, under any program, for forgiveness or reduction of
debt owed to the United States Government.
(2) Definition of assistance. For purposes of paragraph (l), the term "assistance to Cuba"-­
(A) means assistance to or for the benefit of the Government of Cuba that is provided by
grant, concessional sale, guaranty, or insurance, or by any other means on terms more
favorable than that generally available in the applicable market, whether in the form of a loan,
lease, credit, or otherwise, and such term includes subsidies for exports to Cuba and favorable
tariff treatment of articles that are the growth, product, or manufacture of Cuba;
(B) includes an exchange, reduction, or forgiveness of Cuban debt owed to a foreign country
in return for a grant of an equity interest in a property, investment, or operation of the
Government of Cuba (including the government of any political subdivision of Cuba, and any
agency or instrumentality of the Government of Cuba) or of a Cuban national; and
(C) does not include-­
(i) donations of food to nongovernmental organizations or individuals in Cuba, or
(ii) exports of medicines or medical supplies, instruments, or equipment that would
be permitted under section 1705(c) [22 USCS § 6004(c)].

As used in this paragraph, the term "agency or instrumentality of the Government of Cuba" means
an agency or instrumentality ofa foreign state as defined in section 1603(b) of title 28, United States
Code, with each reference in such section to "a foreign state" deemed to be a reference to "Cuba".
(3) Applicability of section. This section, and any sanctions imposed pursuant to this section, shall
cease to apply at such time as the President makes and reports to the Congress a determination under
section 1708(a) [22 USCS § 6007(a)].

Sec. 6004. Support for the Cuban people
(a) Provisions of law affected. The provisions of this section apply notwithstanding any other
provision of law, including section 620(a) of the Foreign Assistance Act of 1961 [22 USCS § 2370],
and notwithstanding the exercise of authorities, before the enactment of this Act [enacted Oct. 23,
1992], under section 5(b) of the Trading With the Enemy Act [50 uses Appx § 5(b)], the

International Emergency Economic Powers Act [50 USCS §§ 1701 et seq.], or the Export
Administration Act of 1979.
(b) Donations of food. Nothing in this or any other Act shall prohibit donations of food to
nongovernmental organizations or individuals in Cuba.
(c) Exports of medicines and medical supplies. Exports of medicines or medical
instruments, or equipment to Cuba shall not be restricted-­

supplies,

(1) except to the extent such restrictions would be permitted under section 5(m) of the Export
Administration Act of 1979 [50 USCS Appx § 2404(m)] or section 203(b)(2) of the
International Emergency Economic Powers Act [50 USCS § 1702(b)(2)];

(2) except in a case in which there is a reasonable likelihood that the item to be exported will
be used for purposes of torture or other human rights abuses;
(3) except in a case in which there is a reasonable likelihood that the item to be exported will
.

~~~~~;md

(4) except in a case in which the item to be exported could be used in the production of any
biotechnological product.
(d) Requirements for certain exports.
(1) Onsite verifications.

(A) Subject to subparagraph (B), an export may be made under subsection (c) only
if the President determines that the United States Government is able to verify, by
onsite inspections and other appropriate means, that the exported item is to be used
for the purposes for which it was intended and only for the use and benefit of the
Cubm people.
(B) Subparagraph (A) does not apply to donations to nongovernmental organizations
in Cuba of medicines for humanitarian purposes.
(2) Licenses. Exports permitted under subsection (c) shall be made pursuant to specific
licenses issued by the United States Government.
(e) Telecommunications services and facilities.
(1) Telecommunications services. Telecommunications services between the United States
and Cuba shall be permitted.

(2) Telecommunications facilities. Telecommunications facilities are authorized in such
quantity and of such quality as may be necessary to provide efficient and adequate

telecommunications services between the United States and Cuba.
(3) Licensing of payments to Cuba.
(A) The President may provide for the issuance of licenses for the full or partial
payment to Cuba of amounts due Cuba as a result of the provision of
telecommunications services authorized by this subsection, in a manner that is
consistent with the public interest and the purposes of this title [22 USCS §§ 6001
et seq.], except that this paragraph shall not require any withdrawal from any account
blocked pursuant to regulations issued under section 5(b) of the Trading With the
Enemy Act [50 USCS Appx § 5(b)].
(B) Ifonly partial payments are made to Cuba under subparagraph (A), the amounts
withheld from Cuba shall be deposited in an account in a banking institution in the
United States. Such account shall be blocked in the same manner as any other account
containing funds in which Cuba has any interest, pursuant to regulations issued under
section 5(b) of the Trading With the Enemy Act [50 USCS Appx § 5(b)].
(4) Authority of Federal Communications Commission. Nothing in this subsection shall be
construed to supersede the authority of the Federal Communications Commission.
(5) Prohibition on investment in domestic telecommunications services. Nothing in this
subsection shall be construed to authorize the investment by any United States person in the
domestic telecommunications network within Cuba. For purposes of this paragraph, an
"investment" in the domestic telecommunications network within Cuba includes the
contribution (including by donation) of funds or anything of value to or for, and the making
of loans to or for, such network.
(6) Reports to Congress. The President shall submit to the Congress on a semiannual basis
a report detailing payments made to Cuba by any United States person as a result of the
provision of telecommunications services authorized by this subsection.
(f) Direct mail delivery to Cuba. The United States Postal Service shall take such actions as are
necessary to provide direct mail service to and from Cuba, including, in the absence of common
carrier service between the 2 countries, the use of charter service providers.
(g) Assistance to support democracy in Cuba. The United States Government may provide
assistance, through appropriate nongovernmental organizations, for the support of individuals and
organizations to promote nonviolent democratic change in Cuba.

Sec. 6005. Sanctions
(a) Prohibition on certain transactions between certain United States firms and Cuba
(1) Prohibition. Notwithstanding any other provision oflaw, no license may be issued for any

transaction described in section 515.559 oftitle 31, Code of Federal Regulations, as in effect
on July 1, 1989.
(2) Applicability to existing contracts. Paragraph (1) shall not affect any contract entered into
before the date of the enactment of this Act [enacted Oct. 23, 1992].
(b) Prohibitions on vessels.
(1) Vessels engaging in trade. Beginning on the 61 st day after the date of the enactment of
this Act [enacted Oct. 23, 1992], a vessel which enters a port or place in Cuba to engage in
the trade of goods or services may not, within 180 days after departure from such port or
place in Cuba, load or unload any freight at any place in the United States, except pursuant
to a license issued by the Secretary of the Treasury.

(2) Vessels carrying goods or passengers to or from Cuba. Except as specifically authorized
by the Secretary of the Treasury, a vessel carrying goods or passengers to or from Cuba or
carrying goods in which Cuba or a Cuban national has any interest may not enter a United
States port.
(3) Inapplicability of ship stores general license. No commodities which may be exported
under a general license described in section 771.9 of title 15, Code of Federal Regulations,
as in effect on May 1, 1992, may be exported under a general license to any vessel carrying
goods or passengers to or from Cuba o'r carrying goods in which Cuba or a Cuban national
has an interest.
(4) Definitions. As used in this subsection-­
(A) the term "vessel" includes every description of water craft'or other contrivance
used, or capable of being used, as a means of transportation in water, but does not
include aircraft;
(B) the term "United States" includes the territories and possessions of the United
States and the customs waters of the United States (as defined in section 401 ofthe
Tariff Act of 1930 (19 U.S.C. 1401)); and
(C) the term "Cuban national" means a national of Cuba, as the term "national" is
defined in section 515.302 oftitle 31, Code of Federal Regulations, as of August 1,
1992.
(c) Restrictions on remittances to Cuba. The President shall establish strict limits on remittances to

Cuba by United States persons for the purpose of financing the travel of Cubans to the United States,

in order to ensure that such remittances reflect only the reasonable costs associated with such travel,

and are not used by the Government of Cuba as a means of gaining access to

United States currency.

(d) Clarification of applicability of sanctions. The prohibitions contained in subsections (a), (b), and
(c) shall not apply with respect to any activity otherwise permitted by section 1705 or section 1707
ofthis Act [22 USCS § 6004 or 6006] or any activity which may not be regulated or prohibited under
section 5(b)(4) of the Trading With the Enemy Act (50 U.S.c. App.5(b)(4)).

Sec. 6006. Policy toward a transitional Cuban government
Food, medicine, and medical supplies for humanitarian purposes should be made available for Cuba
under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance
Act of 1954 if the President determines and certifies to the Committee on Foreign Affairs of the
House ofRepresentatives and the Committee on Foreign Relations of the Senate that the government
in power in Cuba-­
(1) has made a public commitment to hold free and fair elections for a new government within 6
months and is proceeding to implement that decision;
(2) has made a public commitment to respect, and is respecting, internationally recognized human
rights and basic democratic freedoms; and
(3) is not providing weapons or funds to any group, in any other country, that seeks the violent
overthrow of the government of that country.

Sec. 6007. Policy toward a democratic Cuban government
(a) Waiver of restrictions. The President may waive the requirements of section 1706 [22 USCS §
6005] if the President determines and reports to the Congress that the Government ofCuba-­
(1) has held free and fair elections conducted under internationally recognized observers;
(2) has permitted opposition parties ample time to organize and campaign for such elections,
and has permitted full access to the media to all candidates in the elections;
(3) is showing respect for the basic civi1liberties and human rights of the citizens of Cuba;
(4) is moving toward establishing a free market economic system; and
(5) has committed itself to constitutional change that would ensure regular free and fair
elections that meet the requirements of paragraph (2).
(b) Policies. Ifthe President makes a determination under subsection (a), the President shall take the
following actions with respect to a Cuban Government elected pursuant to elections described in
subsection (a):
(1) To encourage the admission or reentry of such government to international organizations
and international financial institutions.

(2) To provide emergency relief during Cuba's transition to a viable economic system.
(3) To take steps to end the United States trade embargo of Cuba.

Sec. 6008. Existing claims not affected
Except as provided in section 1705(a) [22 USCS § 6004(a)], nothing in this title [22 USCS §§ 6001
et seq.] affects the provisions of section 620(a)(2) of the Foreign Assistance Act of 1961 [22 USCS
§ 2370(a)(2)].

Sec. 6009. Enforcement
(a) Enforcement authority. The authority to enforce this title [22 USCS §§ 6001 et seq.] shall be
carried out by the Secretary of the Treasury. The Secretary of the Treasury shall exercise the
authorities ofthe Trading With the Enemy Act in enforcing this title [22 USCS §§ 6001 et seq.]. In
carrying out this subsection, the Secretary ofthe Treasury shall take the necessary steps to ensure that
activities permitted under section 1705 [22 USCS § 6004] are carried out for the purposes set forth
in this title [22 USCS §§ 6001 et seq.] and not for purposes of the accumulation by the Cuban
Government of excessive amounts of United States currency or the accumulation of excessive profits
by any person or entity.
(b) Authorization of appropriations. There are authorized to be appropriated to the Secretary of the
Treasury such sums as may be necessary to carry out this title [22 USCS §§ 6001 et seq.].
(c) [Omitted]
(d) Applicability of penalties. The penalties set forth in section 16 of the Trading With the Enemy Act
[50 USCS Appx § 16(a)] shall apply to violations ofthis title [22 USCS §§ 6001 et seq.] to the same
extent as such penalties apply to violations under that Act.
(e) Office of Foreign Assets Control. The Department of the Treasury shall establish and maintain a
branch of the Office of Foreign Assets Control in Miami, Florida, in order to strengthen the
enforcement of this title [22 USCS §§ 6001 et seq.].

Sec. 6010. Definition
As used in this title [22 USCS §§ 6001 et seq.], the term "United States person" means any United
States citizen or alien admitted for permanent residence in the United States, and any corporation,
partnership, or other organization organized under the laws of the United States.

ATTACHMENT 4

37532

Federal Register/Vol. 73, No. 127/Tuesday, July 1, 200S/Notices

OMB Number: 1505-0202.
on respondents, including through the
Abstract: OFAC issues specific
use of automated collection techniques
licenses authorizing travel-related
or other forms of information
transactions incident to visits to
technology; and (e) estimates of capital
members of a person's immediate family or start-up costs and costs of operation,
who are nationals of Cuba once per
maintenance, and purchase of services
three-year period and for no more than
to provide information.
14 days. In order to ensure that the one­
Approved: June 25,2008.
trip-per-three-year-period and other
Adam J. Szubin,
requirements are not violated, OFAC
Director, Office of Foreign Assets Control.
uses forms TD-F 90-22 60 and TD-F
[FR Doc. E8-14816 Filed 6-30-08; 8:45 am]
90-22 60 (SP) to collect information on
BILLING CODE 4811-45-P
the traveler and the family members in
Cuba whom the traveler is visiting. The
form is provided in English and Spanish
DEPARTMENT OF THE TREASURY
to accommodate those persons for
whom Spanish is the primary language.
Office of Foreign Assets Control
The use of the form provides a
standardized method of information
Proposed Collection; Comment
collection, ensures uniform and
Request for Travel Service Provider
consistent compliance, and allows
and Carrier Service Provider
OFAC to maintain detailed records that
Submission
enable OFAC to verify that travelers are
AGENCY: Office of Foreign Assets
not exceeding the restriction of the
frequency of visits to Cuba and that they Control, Treasury.

ACTION: Notice and request for

are only visiting members of their
comments.

immediate family.
Current Actions: There are no changes
SUMMARY: The Department of the
being made to the form at this time.
Treasury, as part of its continuing effort
Type of Review: Extension of a
to reduce paperwork and respondent
currently approved collection.
burden, invites the general public and
Affected Public: Individuals or
other Federal agencies to take this
households.
opportunity to comment on proposed
Estimated Number of Respondents:
and/or continuing information
60,000.
collections, as required by the
Estimated Time Per Respondent: 10
Paperwork Reduction Act of 1995,
minutes.
Estimated Total Annual Burden
Public Law 104-13 (44 U.S.C.
3506(c)(2)(A)). Currently, the Office of
Hours: 10,000.
The following paragraph applies to all Foreign Assets Control ("OFAC") within
of the collections of information covered the Department of the Treasury is
by this notice:
soliciting comments concerning OFAC's
An agency may not conduct or
Travel Service Provider and Carrier
sponsor, and a person is not required to Service Provider information collection.
respond to, a collection of information
DATES: Written comments should be
unless the collection of information
received on or before September 2, 2008
displays a valid Office of Management
to be assured of consideration.
and Budget ("OMB") control number.
ADDRESSES: Direct all written comments
Books or records relating to a collection
to Rochelle E. Stern, Assistant Director,
of information must be retained for five
Policy, Office of Foreign Assets Control,
years.
Department ofthe Treasury, 1500
Request for Comments
Pennsylvania Avenue, NW., Annex-2d
Floor, Washington, DC 20220.
Comments submitted in response to
FOR FURTHER INFORMATION CONTACT:
this notice will be summarized and/or
Requests for additional information
included in the request for OMB
about the filings or procedures should
approval. All comments will become a
be directed to Rochelle E. Stern,
matter of public record. Comments are
invited on: (al Whether the collection of Assistant Director, Policy, Office of
Foreign Assets Control, or Sean
information is necessary for the proper
Thornton, Chief Counsel (Foreign Assets
performance of the functions of the
Control), Department of the Treasury,
agency, including whether the
1500 Pennsylvania Avenue, NW., 1500
information has practical utility; (b) the
Pennsylvania Avenue, Annex-2d
accuracy ofthe agency's estimate of the
Floor, Washington, DC 20220.
burden of the collection of information;
(c) ways to enhance the quality, utility,
SUPPLEMENTARY INFORMATION: Title:
and clarity of the information to be
Travel Service Provider and Carrier
collected; (d) ways to minimize the
Service Provider Submission.
OMB Number: 1505-0168.
burden of the collection of information

Abstract: The information is required
of persons who have been authorized by
the Office of Foreign Assets Control of
the Department of the Treasury
("OFAC") to handle travel arrangements
to, from, and or within Cuba or to
provide charter air service to Cuba.
Travel service providers are required to
collect information on persons traveling
on direct flights to Cuba and forward
that information to carrier service
providers, for ultimate submission to
OFAC.
Current Actions: There are no changes
being made to the notice at this time.
Type of Review: Extension of a
currently approved collection.
Affected Public: Individuals or
households and businesses.
Estimated Number of Respondents:
228,000.
Estimated Time Per Respondent: 5
minutes per entry for travel service
providers, or up to 570,000 minutes
annually for travel service providers in
the aggregate (9,500 hours); and up to 5
minutes per entry for carrier service
providers, or up to 570,000 entries
annually for carrier service providers in
the aggregate (9,500 hours).
Estimated Total Annual Burden
Hours: 19,000.
The following paragraph applies to all
of the collections of information covered
by this notice:
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 Office of Management
and Budget ("OMB") control number.
Books or records relating to a collection
of information must be retained for five
years.
Request for Comments
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval. All comments will become a
matter of public record. Comments are
invited on: (a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility; (b) the
accuracy ofthe agency's estimate of the
burden of the collection of information;
(c) ways to enhance the quality, utility,
and clarity of the information to be
collected; (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology; and (e) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.

Federal Register/Vol. 73, No. 127/Tuesday, July 1, 2008/Notices
Approved: June 25, 2008.
Adam J. Szubin,

Director, Office ofForeign Assets Control.
[FR Doc. E8-14819 Filed 6-30-08; 8:45 am]
BILLING CODE 4811-45-P

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Unblocking of Entities Pursuant to
Executive Order 13382
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
SUMMARY: The Treasury Department's
Office of Foreign Assets Control
("OFAC") is removing the names oftwo
persons from the list of Specially
Designated Nationals and Blocked
Persons whose property and interests in
property have been unblocked pursuant
to Executive Order 13382 of June 28,
2005, "Blocking Property of Weapons of
Mass Destruction Proliferators and
Their Supporters." The entities, China
Great Wall Industry Corporation and
G.W. Aerospace, Inc, were designated
pursuant to Executive Order 13382 on
June 13, 2006.
DATES: The removal of the persons from
the list of Specially Designated
Nationals and Blocked Persons, whose
property and interests in property were
blocked pursuant to Executive Order
13382, is effective on June 19, 2008.
FOR FURTHER INFORMATION CONTACT:

J.

Robert McBrien, Associate Director,
Investigations and Enforcement, Office
of Foreign Assets Control, Department
of the Treasury, Washington, DC 20220,
tel.: 202/622-2420.
SUPPLEMENTARY INFORMATION:

Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC's Web site
(http://www.treas.gov/ofacl or via
facsimile through a 24-hour fax-on
demand service, tel.: (202) 622-0077.
Background
On June 28, 2005, the President,
invoking the authority, inter alia, of the
International Emergency Economic
Powers Act (50 U.S.C. 1701-1706)
("IEEPA"), issued Executive Order
13382 (70 FR 38567, July I, 2005) (the
"Order"), effective at 12:01 a.m. eastern
daylight time on June 29, 2005. In the
Order, the President took additional
steps with respect to the national
emergency described and declared in
Executive Order 12938 of November 14,
1994, regarding the proliferation of

weapons of mass destruction and the
means of delivering them.
Section 1 ofthe Order blocks, with
certain exceptions, all property and
interests in property that are in the
United States, or that hereafter come
within the United States or that are or
hereafter come within the possession or
control of United States persons, of: (1)
The persons listed in an Annex to the
Order; (2) any foreign person
determined by the Secretary of State, in
consultation with the Secretary of the
Treasury, the Attorney General, and
other relevant agencies, to have
engaged, or attempted to engage, in
activities or transactions that have
materially contributed to, or pose a risk
of materially contributing to, the
proliferation of weapons of mass
destruction or their means of delivery
(including missiles capable of delivering
such weapons), including any efforts to
manufacture, acquire, possess, develop,
transport, transfer or use such items, by
any person or foreign country of
proliferation concern; (3) any person
determined by the Secretary of the
Treasury, in consultation with the
Secretary of State, the Attorney General,
and other relevant agencies, to have
provided, or attempted to provide,
financial, material, technological or
other support for, or goods or services
in support of, any activity or transaction
described in clause (2) above or any
person whose property and interests in
property are blocked pursuant to the
Order; and (4) any person determined
by the Secretary ofthe Treasury, in
consultation with the Secretary of State,
the Attorney General, and other relevant
agencies, to be owned or controlled by,
or acting or purporting to act for or on
behalf of, directly or indirectly, any
person whose property and interests in
property are blocked pursuant to the
Order.
On June 13, 2006, the Secretary of the
Treasury, in consultation with the
Secretary of State, the Attorney General,
and other relevant agencies, designated
two persons whose property and
interests in property are blocked
pursuant to the Order.
.
The Department of the Treasury's
Office of Foreign Assets Control has
determined that these persons no longer
meet the criteria for designation under
the Order and are appropriate for
removal from the list of Specially
Designated Nationals and Blocked
Persons.
The following persons are removed
from the list of Specially Designated
Nationals and Blocked Persons:
China Great Wall Industry
Corporation (a.k.a. CGWIC; a.k.a.
Zhongguo Changcheng Gongye

37533

Zonggongsi), No. 30 Haidian Nanlu,
Beijing, China; Moscow, Russia; and all
other locations worldwide;
G.W. Aerospace, Inc. (a.k.a. Great
Wall Aerospace, Inc.), 21515 Hawthorne
Blvd., Suite 670, Torrance, CA 90503;
California Corporate Number C1458237
(United States).
The removal of the persons' names
from the list of Specially Designated
Nationals and Blocked Persons is
effective as oOune 19, 2008. All
property and interests in property of
these persons that are in or hereafter
come within the United States or the
possession or control of United States
persons are now unblocked.
Dated: June 19, 2008.
Adam J. Szubin,

Director, Office of Foreign Assets Control.
[FR Doc. E8-14835 Filed 6-30-08; 8:45 am]
BILLING CODE 4811-45-P

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Unblocking of Specially Designated
National Pursuant to Executive Order
13224

Office of Foreign Assets

Control, Treasury.

ACTION: Notice.

AGENCY:

SUMMARY: The Treasury Department's
Office of Foreign Assets Control
("OFAC") is removing the name of one
individual from the list of Specially
Designated Nationals and Blocked
Persons whose property and interests in
property have been blocked pursuant to
Executive Order 13224 of September 23,
2001, Blocking Property and Prohibiting
Transactions With Persons Who
Commit, Threaten To Commit, or
Support Terrorism. The individual,
MOHAMMED, Lokman Amin, was
designated pursuant to Executive Order
13224 on December 5, 2005.
DATES: The removal of the individual
from the list of Specially Designated
Nationals and Blocked Persons whose
property and interests in property have
been blocked pursuant to Executive
Order 13224 is effective as oOune 18,
2008.
FOR FURTHER INFORMATION CONTACT:

Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, Washington, DC 20220,
tel.: 202/622-2490.
SUPPLEMENTARY IMFORMATION:

Electronic and Facsimile Availability
This document and additional
information concerning OFAC are