31CFR515 Final Rule 14JAN2011

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(b) General rule. (1) FMS will offset
tax refunds to collect debt under this
section in accordance with 26 U.S.C.
6402(e) and (f) and this section.
(2) FMS will compare tax refund
payment records, as certified by the IRS,
with records of debts submitted to FMS.
A match will occur when the taxpayer
identifying number (as that term is used
in 26 U.S.C. 6109) and name on a
payment certification record are the
same as the taxpayer identifying number
and name (or derivative of the name) on
a delinquent debt record. When a match
occurs and all other requirements for tax
refund offset have been met, FMS will
reduce the amount of any tax refund
payment payable to a debtor by the
amount of any past-due, legally
enforceable State income tax obligation
or unemployment compensation debt
owed by the debtor. Any amounts not
offset will be paid to the payee(s) listed
in the payment certification record.
(3) FMS will only offset a tax refund
payment for a State income tax
obligation if the address shown on the
Federal tax return for the taxable year of
the overpayment is an address within
the State seeking the offset.
(c) Notification of past-due, legally
enforceable State income tax obligations
or unemployment compensation debts.
(1) Notification. States shall notify FMS
of debts in the manner and format
prescribed by FMS. The notification of
liability must be accompanied by a
certification that the debt is past due
and legally enforceable and that the
State has complied with the
requirements contained in paragraph
(c)(3) of this section and with all Federal
or State requirements applicable to the
collection of debts under this section.
With respect to State income tax
obligations only, the certification must
specifically state that none of the debts
submitted for collection by offset are
debts owed by an individual who has
claimed immunity from State taxation
by reason of being an enrolled member
of an Indian tribe who lives on a
reservation and derives all of his or her
income from that reservation unless
such claim has been adjudicated de
novo on its merits in accordance with
paragraph (c)(3). FMS may reject a
notification that does not comply with
the requirements of this section. Upon
notification of the rejection and the
reason for rejection, the State may
resubmit a corrected notification.
*
*
*
*
*
(3)(i) Advance notification to the
debtor of the State’s intent to collect by
Federal tax refund offset. The State is
required to provide a written
notification to the debtor informing the

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debtor that the State intends to refer the
debt for collection by tax refund offset.
The notice must give the debtor at least
60 days to present evidence, in
accordance with procedures established
by the State, that all or part of the debt
is not past due or not legally
enforceable, or, in the case of a covered
unemployment compensation debt, the
debt is not due to fraud or the debtor’s
failure to report earnings. In the case of
a State income tax obligation, the notice
must be sent certified mail, return
receipt requested.
(ii) Determination. The State must, in
accordance with procedures established
by the State, consider any evidence
presented by a debtor in response to the
notice described in paragraph (c)(3)(i) of
this section and determine whether an
amount of such debt is past due and
legally enforceable and, in the case of a
covered unemployment compensation
debt, the debt is due to fraud or the
debtor’s failure to report earnings. With
respect to State income tax obligations
only, where the debtor claims that he or
she is immune from State taxation by
reason of being an enrolled member of
an Indian tribe who lives on a
reservation and derives all of his or her
income from that reservation, State
procedures shall include de novo
review on the merits, unless such claims
have been previously adjudicated by a
court of competent jurisdiction. States
shall, upon request from the Secretary of
the Treasury, make such procedures
available to the Secretary of the
Treasury for review.
*
*
*
*
*
(i) * * * In accordance with 26 U.S.C.
6402(g), any reduction of a taxpayer’s
refund made pursuant to 26 U.S.C.
6402(e) or (f) shall not be subject to
review by any court of the United States
or by the Secretary of the Treasury, FMS
or IRS in an administrative proceeding.
* * *
Dated: January 20, 2011.
Richard L. Gregg,
Fiscal Assistant Secretary.
[FR Doc. 2011–1697 Filed 1–27–11; 8:45 am]
BILLING CODE 4810–35–M

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations
Office of Foreign Assets
Control, Treasury.
ACTION: Final rule.
AGENCY:

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The Department of the
Treasury’s Office of Foreign Assets
Control (‘‘OFAC’’) is amending the
Cuban Assets Control Regulations to
continue efforts to reach out to the
Cuban people in support of their desire
to freely determine their country’s
future. These amendments implement
policy changes announced by the
President on January 14, 2011, designed
to increase people-to-people contact,
support civil society in Cuba, enhance
the free flow of information to, from,
and among the Cuban people, and help
promote their independence from
Cuban authorities. To implement these
policy changes, OFAC is taking steps
that build upon the President’s April
2009 initiative to, among other things,
allow for greater licensing of travel to
Cuba for educational, cultural, religious,
and journalistic activities and expand
licensing of remittances to Cuba. These
amendments also modify regulations
regarding authorization of transactions
with Cuban national individuals who
have taken up permanent residence
outside of Cuba, as well as implement
certain technical and conforming
changes.

SUMMARY:

DATES:

Effective Date: January 28, 2011.

FOR FURTHER INFORMATION CONTACT:

Assistant Director for Compliance,
Outreach & Implementation, tel.: 202–
622–2490, Assistant Director for
Licensing, tel.: 202–622–2480; Assistant
Director for Policy, tel.: 202–622–4855,
or Chief Counsel (Foreign Assets
Control), tel.: 202–622–2410 (not toll
free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site
(http://www.treasury.gov/ofac). Certain
general information pertaining to
OFAC’s sanctions programs also is
available via facsimile through a 24hour fax-on-demand service, tel.: 202/
622–0077.
Background
The U.S. Government issued the
Cuban Assets Control Regulations, 31
CFR part 515 (the ‘‘Regulations’’), on
July 8, 1963, under the Trading With the
Enemy Act (50 U.S.C. App. 5 et seq.).
On September 3, 2009, OFAC amended
the Regulations to implement measures
announced by the President in April
2009 to promote democracy and human
rights in Cuba by easing travel
restrictions to facilitate greater contact
between separated family members in
the United States and Cuba and by

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increasing the flow of remittances and
information to the Cuban people.
OFAC is now amending the
Regulations to implement certain policy
changes announced by the President on
January 14, 2011, to continue efforts to
reach out to the Cuban people in
support of their desire to freely
determine their country’s future. These
amendments allow for greater licensing
of travel to Cuba for educational,
cultural, religious, and journalistic
activities and expand licensing of
remittances to Cuba. These amendments
also modify regulations regarding
authorization of transactions with
Cuban national individuals who have
taken up permanent residence outside
of Cuba, as well as implement certain
technical and conforming changes.
Travel to Cuba for educational
activities. Section 515.565 is amended
to implement policy changes for travelrelated transactions incident to
educational activities. A new general
license authorizing accredited U.S.
graduate and undergraduate degreegranting academic institutions to engage
in Cuba travel-related transactions
incident to certain educational activities
replaces the former statement of specific
licensing policy in paragraph (a) of
section 515.565. Specific licenses issued
pursuant to former paragraph (a) were
limited to one year in duration and
covered only ‘‘full-time permanent’’
employees of, and students enrolled
‘‘at,’’ a particular licensed institution.
The new general license authorizes
transactions incident to the educational
activities described in paragraph (a) of
section 515.565 by all members of the
faculty and staff (including but not
limited to adjunct faculty and part-time
staff) of a sponsoring U.S. academic
institution. The new general license also
authorizes students to participate in
academic activities in Cuba through any
sponsoring U.S. academic institution,
not only through the accredited U.S.
academic institution at which the
student is pursuing a degree. The
requirement that participation in a
structured educational program in Cuba
or participation in a formal course of
study at a Cuban academic institution
be no shorter than 10 weeks in duration
is removed, and the new general license
instead requires that the study in Cuba
be accepted for credit toward the
student’s degree.
Revised paragraph (b) of section
515.565 sets forth specific licensing
policies. Paragraph (b)(1) provides that
specific licenses may be issued to
authorize travel-related transactions
incident to an individual’s educational
activities of certain types described in
but that are not authorized by the new

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general license contained in revised
paragraph (a). New paragraph (b)(3)
allows accredited U.S. graduate or
undergraduate degree-granting academic
institutions, by specific license, to
sponsor or co-sponsor academic
seminars, conferences, and workshops
related to Cuba or global issues
involving Cuba, and it allows faculty,
staff, and students of such institutions
to attend those events. A new note to
section 515.565 explains that U.S.
academic institutions may open
accounts at Cuban financial institutions
for the purpose of accessing funds in
Cuba for transactions authorized
pursuant to that section. Nothing in
these amendments authorizes U.S.
financial institutions to open or use
direct correspondent accounts of their
own at Cuban financial institutions.
People-to-people exchanges. OFAC
also is adding new paragraph (b)(2) to
section 515.565 to restore a statement of
specific licensing policy for ‘‘people-topeople’’ exchanges. This travel category
provides for specific licenses
authorizing educational exchanges not
involving academic study pursuant to a
degree program when those exchanges
take place under the auspices of an
organization that sponsors and
organizes such programs to promote
people-to-people contact.
Travel to Cuba for religious activities.
Section 515.566 is amended to
implement policy changes for travelrelated transactions incident to religious
activities. A new general license
authorizing religious organizations
located in the United States to engage in
Cuba travel-related transactions incident
to religious activities replaces the
former statement of specific licensing
policy in paragraph (a) of section
515.566. Revised paragraph (b) provides
that specific licenses may be issued to
authorize travel-related transactions
incident to religious activities that are
not authorized by the new general
license contained in revised paragraph
(a). A new note to section 515.566
explains that religious organizations
may open accounts at Cuban financial
institutions for the purpose of accessing
funds in Cuba for transactions
authorized pursuant to that section.
Nothing in these amendments
authorizes U.S. financial institutions to
open or use direct correspondent
accounts of their own at Cuban financial
institutions.
Other travel to Cuba. Section 515.567,
including its heading, is revised to
restore a statement of specific licensing
policy for travel-related transactions
incident to participation in clinics or
workshops. New paragraph (b)(3) of
section 515.567 includes a condition

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5073

that any clinics or workshops in Cuba
must be organized and run, at least in
part, by the licensee. Paragraph (b) of
section 515.563 is amended to increase
the scope of the statement of specific
licensing policy for journalistic
activities in Cuba to include free-lance
journalistic projects other than
‘‘articles.’’
Remittances. OFAC also is amending
section 515.570 to implement several
policy changes regarding remittances to
Cuba. New paragraph (b) contains a
general license authorizing persons
subject to U.S. jurisdiction to remit up
to $500 per quarter to any Cuban
national, except prohibited officials of
the Government of Cuba or prohibited
members of the Cuban Communist
Party, to support the development of
private businesses, among other
purposes. A second general license has
been added in new paragraph (c),
authorizing unlimited remittances to
religious organizations in Cuba in
support of religious activities. Prior to
this amendment, remittances to
religious organizations in Cuba were
authorized by specific license. New
paragraph (d) contains a third new
general license, authorizing remittances
to close relatives who are students in
Cuba pursuant to an educational license
for the purpose of funding transactions
authorized by the license under which
the student is traveling. Former
paragraphs (b), (c), and (d) have been
redesignated as paragraphs (e), (f), and
(g), respectively. Newly redesignated
paragraph (g)(1) of section 515.570 has
been revised to clarify that specific
licenses may be issued to authorize
remittances to individuals or
independent non-governmental entities
to support the development of private
businesses, including small farms.
Certain transactions with Cuban
nationals who have taken up permanent
residence outside of Cuba. Section
515.505, including its heading, is
revised to add a general license in new
paragraph (d) authorizing certain
transactions with individual nationals
of Cuba who have taken up permanent
residence outside of Cuba (former
paragraphs (d) and (e) have been
redesignated as paragraphs (e) and (f),
respectively). Persons subject to U.S.
jurisdiction may engage in transactions
with such individuals, prospectively, as
if they were unblocked Cuban nationals
as defined in section 515.307 of this
part. All property in which such Cuban
nationals have an interest that was
blocked pursuant to this part prior to
the later of the date on which the
individual took up permanent residence
outside of Cuba or January 28, 2011,
however, remains blocked. To

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determine whether an individual Cuban
national has taken up permanent
residence outside of Cuba, persons
subject to U.S. jurisdiction are required
to collect copies of at least two
documents issued to the individual by
the government authorities of the new
country of permanent residence. An
example illustrating the application of
this general license is found in new
paragraph (f)(4).
Public Participation
Because the amendments of the
Regulations involve a foreign affairs
function, Executive Order 12866 and the
provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking,
opportunity for public participation,
and delay in effective date are
inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
Paperwork Reduction Act
The collections of information related
to the Regulations are contained in 31
CFR part 501 (the ‘‘Reporting,
Procedures and Penalties Regulations’’).
Pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507), those
collections of information have been
approved by the Office of Management
and Budget under control number 1505–
0164. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid control number.
List of Subjects in 31 CFR Part 515
Administrative practice and
procedure, Banking, Blocking of assets,
Cuba, Remittances, Reporting and
recordkeeping requirements, Travel
restrictions.
For the reasons set forth in the
preamble, the Department of the
Treasury’s Office of Foreign Assets
Control amends 31 CFR part 515 as set
forth below:
PART 515—CUBAN ASSETS
CONTROL REGULATIONS
1. The authority citation for part 515
is revised to read as follows:

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■

Authority: 18 U.S.C. 2332d; 22 U.S.C.
2370(a), 6001–6010, 7201–7211; 31 U.S.C.
321(b); 50 U.S.C. App 1–44; Pub. L. 101–410,
104 Stat. 890 (28 U.S.C. 2461 note); Pub. L.
104–114, 110 Stat. 785 (22 U.S.C. 6021–
6091); Pub. L. 105–277, 112 Stat. 2681; Pub.
L. 111–8, 123 Stat. 524; Pub. L. 111–117, 123
Stat. 3034; E.O. 9193, 7 FR 5205, 3 CFR,
1938–1943 Comp., p. 1174; E.O. 9989, 13 FR
4891, 3 CFR, 1943–1948 Comp., p. 748; Proc.
3447, 27 FR 1085, 3 CFR, 1959–1963 Comp.,

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p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993
Comp., p. 614.

Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
2. Amend § 515.505 by revising the
section heading and paragraph (b), by
redesignating paragraphs (d) and (e) as
paragraphs (e) and (f), respectively, by
adding new paragraph (d), and by
adding new paragraph (f)(4) to read as
follows:

■

§ 515.505 Certain Cuban nationals
unblocked; transactions of certain other
Cuban nationals lawfully present in the
United States; transactions with Cuban
nationals who have taken up permanent
residence outside of Cuba.

*

*
*
*
*
(b) Specific licenses unblocking
certain individuals who have taken up
permanent residence outside of Cuba.
Individual nationals of Cuba who have
taken up permanent residence outside
of Cuba may apply to the Office of
Foreign Assets Control to be specifically
licensed as unblocked nationals.
Applications for specific licenses under
this paragraph should include copies of
at least two documents indicating
permanent residence issued by the
government authorities of the new
country of permanent residence, such as
a passport, voter registration card,
permanent resident alien card, or
national identity card. In cases where
two of such documents are not
available, other information will be
considered, such as evidence that the
individual has been resident for the past
two years without interruption in a
single country outside of Cuba or
evidence that the individual does not
intend to, or would not be welcome to,
return to Cuba.
*
*
*
*
*
(d) General license authorizing certain
transactions with individuals who have
taken up permanent residence outside
of Cuba. Persons subject to U.S.
jurisdiction are authorized to engage in
any transaction with an individual
national of Cuba who has taken up
permanent residence outside of Cuba as
if the individual national of Cuba were
an unblocked national, as defined in
§ 515.307 of this part, except that all
property in which the individual
national of Cuba has an interest that was
blocked pursuant to this part prior to
the later of the date on which the
individual took up permanent residence
outside of Cuba or January 28, 2011
shall remain blocked. In determining
whether an individual national of Cuba
has taken up permanent residence
outside of Cuba, persons subject to U.S.
jurisdiction must obtain from the

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individual copies of at least two
documents indicating permanent
residence issued by the government
authorities of the new country of
permanent residence, such as a
passport, voter registration card,
permanent resident alien card, or
national identity card.
*
*
*
*
*
(f) * * *
(4) Example 4: An individual national
of Cuba who has taken up permanent
residence outside of Cuba wishes to
open a bank account at a branch of a
U.S. bank in Spain and then withdraw
a portion of her previously blocked
funds held by the same U.S. bank’s New
York branch. The individual provides
the Spanish branch with a copy of her
third-country passport and voter
registration card demonstrating her
permanent residence status in the third
country. The Spanish branch may open
an account for the individual and
provide her with banking services. The
New York branch may also handle any
transactions related to this new account
processed through the United States but
may not unblock her funds that had
been blocked prior to the later of the
date on which the individual took up
permanent residence outside of Cuba or
January 28, 2011. Those funds remain
blocked unless and until the individual
is licensed as an unblocked national
pursuant to paragraph (a) or (b) of this
section or the funds are otherwise
unblocked by a separate Office of
Foreign Assets Control authorization.
*
*
*
*
*
■ 3. Amend § 515.560 by revising
paragraphs (a)(5) through (7), (c)(4)(i)
and (ii), and (f) and by adding new
paragraph (d)(3) to read as follows:
§ 515.560 Travel-related transactions to,
from, and within Cuba by persons subject
to U.S. jurisdiction.

(a) * * *
(5) Educational activities (general and
specific licenses) (see § 515.565);
(6) Religious activities (general and
specific licenses) (see § 515.566);
(7) Public performances, clinics,
workshops, athletic and other
competitions, and exhibitions (specific
licenses) (see § 515.567);
*
*
*
*
*
(c) * * *
(4) * * *
(i) The total of all remittances
authorized by § 515.570(a) through (d)
does not exceed $3,000; and
(ii) No emigration remittances
authorized by § 515.570(e) are carried to
Cuba unless a U.S. immigration visa has
been issued for each payee and the
licensed traveler can produce the visa

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recipients’ full names, dates of birth,
visa numbers, and visa dates of
issuance.
*
*
*
*
*
(d) * * *
(3) Compensation earned by a Cuban
national from a U.S. academic
institution up to any amount that can be
substantiated through payment receipts
from such institution as authorized
pursuant to § 515.565(a)(5).
*
*
*
*
*
(f) Nothing in this section authorizes
transactions in connection with tourist
travel to Cuba.
■ 4. Amend § 515.563 by revising
paragraph (b) to read as follows:
§ 515.563

Journalistic activities in Cuba.

*

*
*
*
*
(b) Specific licenses. (1) Specific
licenses may be issued on a case-by-case
basis authorizing the travel-related
transactions set forth in § 515.560(c) and
other transactions that are directly
incident to journalistic activities in
Cuba for a free-lance journalistic project
upon submission of an adequate written
application including the following
documentation:
(i) A detailed itinerary and a detailed
description of the proposed journalistic
activities; and
(ii) A resume or similar document
showing a record of journalism.
(2) To qualify for a specific license
pursuant to this section, the itinerary in
Cuba for a free-lance journalistic project
must demonstrate that the journalistic
activities constitute a full work schedule
that could not be accomplished in a
shorter period of time.
(3) Specific licenses may be issued
pursuant to this section authorizing
transactions for multiple trips to Cuba
over an extended period of time by
applicants demonstrating a significant
record of journalism.
■ 5. Revise § 515.565 to read as follows:

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§ 515.565

Educational activities.

(a) General license. Accredited U.S.
graduate and undergraduate degreegranting academic institutions,
including faculty, staff, and students of
such institutions, are authorized to
engage in the travel-related transactions
set forth in § 515.560(c) and such
additional transactions that are directly
incident to:
(1) Participation in a structured
educational program in Cuba as part of
a course offered for credit by the
sponsoring U.S. academic institution.
An individual traveling to engage in
such transactions must carry a letter on
official letterhead, signed by a
designated representative of the

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sponsoring U.S. academic institution,
stating that the Cuba-related travel is
part of a structured educational program
of the sponsoring U.S. academic
institution, and stating that the
individual is a member of the faculty or
staff of that institution or is a student
currently enrolled in a graduate or
undergraduate degree program at an
accredited U.S. academic institution
and that the study in Cuba will be
accepted for credit toward that degree;
(2) Noncommercial academic research
in Cuba specifically related to Cuba and
for the purpose of obtaining a graduate
degree. A student traveling to engage in
such transactions must carry a letter on
official letterhead, signed by a
designated representative of the
sponsoring U.S. academic institution,
stating that the individual is a student
currently enrolled in a graduate degree
program at an accredited U.S. academic
institution, and stating that the research
in Cuba will be accepted for credit
toward that degree;
(3) Participation in a formal course of
study at a Cuban academic institution,
provided the formal course of study in
Cuba will be accepted for credit toward
the student’s graduate or undergraduate
degree. An individual traveling to
engage in such transactions must carry
a letter on official letterhead, signed by
a designated representative of the
sponsoring U.S. academic institution,
stating that the individual is a student
currently enrolled in a graduate or
undergraduate degree program at an
accredited U.S. academic institution
and that the study in Cuba will be
accepted for credit toward that degree;
(4) Teaching at a Cuban academic
institution by an individual regularly
employed in a teaching capacity at the
sponsoring U.S. academic institution,
provided the teaching activities are
related to an academic program at the
Cuban institution and provided that the
duration of the teaching will be no
shorter than 10 weeks. An individual
traveling to engage in such transactions
must carry a letter on official letterhead,
signed by a designated representative of
the sponsoring U.S. academic
institution, stating that the individual is
regularly employed in a teaching
capacity at that institution;
(5) Sponsorship, including the
payment of a stipend or salary, of a
Cuban scholar to teach or engage in
other scholarly activity at the
sponsoring U.S. academic institution (in
addition to those transactions
authorized by the general license
contained in § 515.571). Such earnings
may be remitted to Cuba as provided in
§ 515.570 or carried on the person of the

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Cuban scholar returning to Cuba as
provided in § 515.560(d)(3); or
(6) The organization of, and
preparation for, activities described in
paragraphs (a)(1) through (a)(5) of this
section by members of the faculty and
staff of the sponsoring U.S. academic
institution. An individual engaging in
such transactions must carry a letter on
official letterhead, signed by a
designated representative of the
sponsoring U.S. academic institution,
stating that the individual is a member
of the faculty or staff of that institution,
and is traveling to engage in the
transactions authorized by this
paragraph on behalf of that institution.
Note 1 to paragraph (a): U.S. academic
institutions and individual travelers must
retain records related to the travel
transactions authorized pursuant to this
paragraph. See §§ 501.601 and 501.602 of this
chapter for applicable recordkeeping and
reporting requirements. Exportation of
equipment and other items, including the
transfer of technology or software to foreign
persons (‘‘deemed exportation’’), may require
separate authorization from the Department
of Commerce.
Note 2 to paragraph (a): This paragraph
authorizes all members of the faculty and
staff (including but not limited to adjunct
faculty and part-time staff) of the sponsoring
U.S. academic institution to participate in the
activities described in this paragraph. A
student currently enrolled in a graduate or
undergraduate degree program at any
accredited U.S. academic institution is
authorized pursuant to this paragraph to
participate in the academic activities in Cuba
described above through any sponsoring U.S.
academic institution, not only through the
institution at which the student is pursuing
a degree.

(b) Specific licenses. Specific licenses
may be issued on a case-by-case basis
authorizing the travel-related
transactions set forth in § 515.560(c) and
other transactions directly incident to:
(1) An individual’s educational
activities of the types described in
paragraphs (a)(2) through (a)(4) of this
section but not authorized by the
general license contained in paragraph
(a) of this section;
(2) Educational exchanges not
involving academic study pursuant to a
degree program when those exchanges
take place under the auspices of an
organization that sponsors and
organizes such programs to promote
people-to-people contact; or
(3) Sponsorship or co-sponsorship by
an accredited U.S. graduate or
undergraduate degree-granting academic
institution of academic seminars,
conferences, and workshops related to
Cuba or global issues involving Cuba
and attendance at such events by

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faculty, staff, and students of the
licensed institution.
(c) Transactions related to activities
that are primarily tourist-oriented,
including self-directed educational
activities that are intended only for
personal enrichment, will not be
authorized pursuant to this section.
(d) For the purposes of this section,
the term designated representative of
the sponsoring U.S. academic
institution means a person designated
by the relevant dean or the academic
vice-president, provost, or president of
the institution as the official responsible
for overseeing the institution’s Cuba
travel program.
Note to § 515.565: Accredited U.S.
academic institutions engaging in activities
authorized pursuant to this section are
permitted to open and maintain accounts at
Cuban financial institutions for the purpose
of accessing funds in Cuba for transactions
authorized pursuant to this section.
■

6. Revise § 515.566 to read as follows:

§ 515.566

Religious activities in Cuba.

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(a) General license. Religious
organizations located in the United
States, including members and staff of
such organizations, are authorized to
engage in the travel-related transactions
set forth in § 515.560(c) and such
additional transactions as are directly
incident to religious activities in Cuba
under the auspices of the organization.
Travel-related transactions pursuant to
this authorization must be for the
purpose of engaging, while in Cuba, in
a full-time program of religious
activities. Financial and material
donations to Cuba or Cuban nationals
are not authorized by this paragraph (a).
All individuals who engage in
transactions in which Cuba or Cuban
nationals have an interest (including
travel-related transactions) pursuant to
this paragraph (a) must carry with them
a letter on official letterhead, signed by
a designated representative of the U.S.
religious organization, confirming that
they are members or staff of the
organization and are traveling to Cuba to
engage in religious activities under the
auspices of the organization.
Note to paragraph (a): U.S. religious
organizations and individual travelers must
retain records related to the travel
transactions authorized pursuant to this
paragraph. See §§ 501.601 and 501.602 of this
chapter for applicable recordkeeping and
reporting requirements. Financial donations
require separate authorization under
§ 515.570. See § 515.533 for an authorization
of the exportation of items from the United
States to Cuba. Exportation of items to be
used in Cuba may require separate licensing
by the Department of Commerce.

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(b) Specific licenses. Specific licenses
may be issued on a case-by-case basis
authorizing the travel-related
transactions set forth in § 515.560(c) and
other transactions that are directly
incident to religious activities not
authorized by the general license
contained in paragraph (a) of this
section. The application for the specific
license must set forth examples of
religious activities to be undertaken in
Cuba. Specific licenses may be issued
pursuant to this section authorizing
transactions for multiple trips over an
extended period of time to engage in a
full-time program of religious activities
in Cuba.
(c) For the purposes of this section,
the term designated representative of
the U.S. religious organization means a
person designated as the official
responsible for overseeing the
organization’s Cuba travel program.

■

8. Revise § 515.570 to read as follows:

§ 515.570

Remittances.

(a) Family remittances authorized.
Persons subject to the jurisdiction of the
United States who are 18 years of age or
older are authorized to make
remittances to nationals of Cuba who
are close relatives, as defined in
§ 515.339 of this part, of the remitter,
provided that:
(1) The remittances are not made from
a blocked source. Certain remittances
from blocked accounts are authorized
pursuant to paragraph (f) of this section;
(2) The recipient is not a prohibited
official of the Government of Cuba, as
defined in § 515.337 of this part, or a
prohibited member of the Cuban
Communist Party, as defined in
§ 515.338 of this part; and
(3) The remittances are not made for
emigration-related purposes.
Remittances for emigration-related
Note to § 515.566: Religious organizations
purposes are addressed by paragraph (e)
engaging in activities authorized pursuant to
of this section.
this section are permitted to open and
(b) Periodic $500 remittances
maintain accounts at Cuban financial
institutions for the purpose of accessing
authorized. Persons subject to the
funds in Cuba for transactions authorized
jurisdiction of the United States are
pursuant to this section.
authorized to make remittances to
Cuban nationals, including, but not
■ 7. Amend § 515.567 by revising the
limited to, remittances to support the
section heading and paragraph (b) to
development of private businesses,
read as follows:
provided that:
§ 515.567 Public performances, clinics,
(1) The remitter’s total remittances
workshops, athletic and other competitions, pursuant to paragraph (b) of this section
and exhibitions.
to any one Cuban national do not
*
*
*
*
*
exceed $500 in any consecutive three(b) Public performances, clinics,
month period;
workshops, other athletic or non-athletic
(2) The remittances are not made from
competitions, and exhibitions. Specific
a blocked source;
licenses, including for multiple trips to
(3) The recipient is not a prohibited
Cuba over an extended period of time,
official of the Government of Cuba, as
may be issued on a case-by-case basis
defined in § 515.337 of this part, or a
authorizing the travel-related
prohibited member of the Cuban
transactions set forth in § 515.560(c) and Communist Party, as defined in
other transactions that are directly
§ 515.338 of this part;
incident to participation in a public
(4) The remittances are not made for
performance, clinic, workshop, athletic
emigration-related purposes.
competition not covered by paragraph
Remittances for emigration-related
(a) of this section, non-athletic
purposes are addressed by paragraph (e)
competition, or exhibition in Cuba by
of this section; and
participants in such activities, provided
(5) The remitter, if an individual, is 18
that:
years of age or older.
(1) The event is open for attendance,
(c) Remittances to religious
and in relevant situations participation, organizations in Cuba authorized.
by the Cuban public;
Persons subject to the jurisdiction of the
(2) All U.S. profits from the event
United States are authorized to make
after costs are donated to an
remittances to religious organizations in
independent nongovernmental
Cuba in support of religious activities,
organization in Cuba or a U.S.-based
provided that the remittances are not
charity, with the objective, to the extent made from a blocked source and that the
possible, of promoting people-to-people remitter, if an individual, is 18 years of
contacts or otherwise benefiting the
age or older.
Cuban people; and
(d) Remittances to students in Cuba
(3) Any clinics or workshops in Cuba
pursuant to an educational license
must be organized and run, at least in
authorized. Persons subject to the
part, by the licensee.
jurisdiction of the United States who are
*
*
*
*
*
18 years of age or older are authorized

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to make remittances to close relatives, as
defined in § 515.339 of this part, who
are students in Cuba pursuant to the
general license authorizing certain
educational activities in § 515.565(a) of
this part or a specific license issued
pursuant to § 515.565(b) of this part,
provided that the remittances are not
made from a blocked source and are for
the purpose of funding transactions
authorized by the general license in
§ 515.565(a) of this part or the specific
license issued pursuant to § 515.565(b)
of this part under which the student is
traveling.
(e) Two one-time $1,000 emigrationrelated remittances authorized. Persons
subject to the jurisdiction of the United
States are authorized to remit the
following amounts:
(1) Up to $1,000 per payee on a onetime basis to Cuban nationals for the
purpose of covering the payees’
preliminary expenses associated with
emigrating from Cuba to the United
States. These remittances may be sent
before the payees have received valid
visas issued by the State Department or
other approved U.S. immigration
documents, but may not be carried by a
licensed traveler to Cuba until the
payees have received valid visas issued
by the State Department or other
approved U.S. immigration documents.
See § 515.560(c)(4) of this part for the
rules regarding the carrying of
authorized remittances to Cuba. These
remittances may not be made from a
blocked source unless authorized
pursuant to paragraph (f) of this section.
(2) Up to an additional $1,000 per
payee on a one-time basis to Cuban
nationals for the purpose of enabling the
payees to emigrate from Cuba to the
United States, including for the
purchase of airline tickets and payment
of exit or third-country visa fees or other
travel-related fees. These remittances
may be sent only once the payees have
received valid visas issued by the State
Department or other approved U.S.
immigration documents. A remitter
must be able to provide the visa
recipients’ full names, dates of birth,
visa numbers, and visa dates of
issuance. See § 515.560(c)(4) of this part
for the rules regarding the carrying of
authorized remittances to Cuba. These
remittances may not be made from a
blocked source unless authorized
pursuant to paragraph (f) of this section.
(f) Certain remittances from blocked
sources authorized. Provided the
recipient is not a prohibited official of
the Government of Cuba, as defined in
§ 515.337 of this part, or a prohibited
member of the Cuban Communist Party,
as defined in § 515.338 of this part,

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certain remittances from blocked
sources are authorized as follows:
(1) Funds deposited in a blocked
account in a banking institution in the
United States held in the name of, or in
which the beneficial interest is held by,
a national of Cuba as a result of a valid
testamentary disposition, intestate
succession, or payment from a life
insurance policy or annuity contract
triggered by the death of the policy or
contract holder may be remitted:
(i) To that national of Cuba, provided
that s/he is a close relative, as defined
in § 515.339 of this part, of the
decedent;
(ii) To that national of Cuba as
emigration-related remittances in the
amounts and consistent with the criteria
set forth in paragraph (e) of this section.
(2) Up to $300 in any consecutive
three-month period may be remitted
from any blocked account in a banking
institution in the United States to a
Cuban national in a third country who
is an individual in whose name, or for
whose beneficial interest, the account is
held.
(g) Specific licenses. Specific licenses
may be issued on a case-by-case basis
authorizing the following:
(1) Remittances by persons subject to
U.S. jurisdiction to independent nongovernmental entities in Cuba,
including but not limited to prodemocracy groups and civil society
groups, and to members of such groups
or organizations, or to individuals or
independent non-governmental entities
to support the development of private
businesses, including small farms;
(2) Remittances from a blocked
account to a Cuban national in excess of
the amount specified in paragraph (f)(2)
of this section; or
(3) Remittances by persons subject to
U.S. jurisdiction to a person in Cuba,
directly or indirectly, for transactions to
facilitate non-immigrant travel by an
individual in Cuba to the United States
under circumstances where
humanitarian need is demonstrated,
including but not limited to illness or
other medical emergency.
Note to § 515.570: For the rules relating to
the carrying of remittances to Cuba, see
§ 515.560(c)(4) of this part. Persons subject to
U.S. jurisdiction are prohibited from
engaging in the collection or forwarding of
remittances to Cuba unless authorized
pursuant to § 515.572. For a list of authorized
U.S. remittance service providers other than
depository institutions, see the ‘‘List of
Authorized Providers of Air, Travel and
Remittance Forwarding Services to Cuba’’
available from OFAC’s Web site (http://
www.treasury.gov/ofac).

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9. Amend § 515.571 by revising
paragraph (a)(5)(i) and the note to
§ 515.571 to read as follows:

■

§ 515.571 Certain transactions incident to
travel to, from, and within the United States
by Cuban nationals.

(a) * * *
(5) * * *
(i) This paragraph (a)(5) does not
authorize receipt of compensation in
excess of amounts covering living
expenses and the acquisition of goods
for personal consumption. See
§ 515.565(a)(5) of this part for an
authorization of payments to certain
Cuban scholars of stipends or salaries
that exceed this limit.
*
*
*
*
*
Note to § 515.571: For the authorization of
certain transactions by Cuban nationals who
become U.S. citizens, apply for or receive
U.S. permanent resident alien status, or are
lawfully present in the United States in a
non-visitor status, see § 515.505 of this part.

10. Amend § 515.577 by revising the
paragraph (a) introductory text to read
as follows:

■

§ 515.577 Authorized transactions
necessary and ordinarily incident to
publishing.

(a) To the extent that such activities
are not exempt from this part, and
subject to the restrictions set forth in
paragraphs (b) through (d) of this
section, persons subject to the
jurisdiction of the United States are
authorized to engage in all transactions
necessary and ordinarily incident to the
publishing and marketing of
manuscripts, books, journals, and
newspapers in paper or electronic
format (collectively, ‘‘written
publications’’). This section does not
apply if the parties to the transactions
described in this paragraph include the
Government of Cuba. For the purposes
of this section, the term ‘‘Government of
Cuba’’ includes the state and the
Government of Cuba, as well as any
political subdivision, agency, or
instrumentality thereof, including the
Central Bank of Cuba; prohibited
officials of the Government of Cuba, as
defined in § 515.337 of this part;
prohibited members of the Cuban
Communist Party, as defined in
§ 515.338 of this part; employees of the
Ministry of Justice; and any person
acting or purporting to act directly or
indirectly on behalf of any of the
foregoing with respect to the
transactions described in this paragraph.
For the purposes of this section, the
term ‘‘Government of Cuba’’ does not
include any academic and research
institutions and their personnel.
Pursuant to this section, the following

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activities are authorized, provided that
persons subject to the jurisdiction of the
United States ensure that they are not
engaging, without separate
authorization, in the activities identified
in paragraphs (b) through (d) of this
section:
*
*
*
*
*
Dated: January 25, 2011.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2011–1969 Filed 1–27–11; 8:45 am]
BILLING CODE 4810–AL–P

List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.

ENVIRONMENTAL PROTECTION
AGENCY

Dated: January 19, 2011.
Susan Hedman,
Regional Administrator, Region 5.

40 CFR Part 52

PART 52—[AMENDED]

[EPA–R05–OAR–2010–0850; FRL–9258–7]

Approval and Promulgation of Air
Quality Implementation Plans;
Wisconsin; The Milwaukee-Racine and
Sheboygan Areas; Determination of
Attainment of the 1997 8-Hour Ozone
Standard; Withdrawal of Direct Final
Rule
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:

Due to the receipt of an
adverse comment, EPA is withdrawing
the December 15, 2010 (75 FR 78164),
direct final rule making determinations
under the Clean Air Act that the
Milwaukee-Racine and Sheboygan,
Wisconsin areas have attained the 1997
8-hour ozone National Ambient Air
Quality Standard. The MilwaukeeRacine area includes Milwaukee,
Ozaukee, Racine, Washington,
Waukesha, and Kenosha Counties. The
Sheboygan area includes Sheboygan
County. In the direct final rule, EPA
stated that if adverse comments were
submitted by January 14, 2011, the rule
would be withdrawn and not take effect.
On January 14, 2011, EPA received a
comment. EPA believes this comment is
adverse and, therefore, EPA is
withdrawing the direct final rule. EPA
will address the comment in a
subsequent final action based upon the
proposed action also published on
December 15, 2010 (75 FR 78197. EPA
will not institute a second comment
period on this action.
DATES: The direct final rule published at
75 FR 78164 on December 15, 2010, is
withdrawn as of January 28, 2011.
FOR FURTHER INFORMATION CONTACT:
Kathleen D’Agostino, Environmental
Engineer, Attainment Planning and
Maintenance Section, Air Programs
SUMMARY:

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Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–1767,
[email protected].

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[FR Doc. 2011–1770 Filed 1–27–11; 8:45 am]
BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0663–201061; FRL–
9259–2]

Approval and Promulgation of Air
Quality Implementation Plans:
Tennessee; Approval of Section
110(a)(1) Maintenance Plan for the
1997 8-Hour Ozone Standards for the
Nashville, TN, Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:

EPA is taking final action to
approve a revision to the Tennessee
State Implementation Plan (SIP)
concerning the maintenance plan
addressing the 1997 8-hour ozone
standards for the Nashville, Tennessee
1997 8-hour ozone maintenance area,
which is comprised of Davidson,
Rutherford, Sumner, Williamson, and
Wilson Counties in their entireties
(hereafter referred to as the ‘‘Nashville
Area’’). This maintenance plan was
submitted by the State of Tennessee
Department of Environment and
Conservation (TDEC) on August 3, 2010,
for parallel processing. TDEC submitted
the final version of the SIP on October
13, 2010. The maintenance plan ensures
the continued attainment of the 1997
8-hour ozone national ambient air
quality standards (NAAQS) through the
year 2018. This plan meets the statutory

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This rule will be effective
February 28, 2011.

DATES:

EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–0663. All documents in the
electronic docket are listed on the
http://www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in http://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that, if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.
ADDRESSES:

Accordingly, the amendment to 40
CFR 52.2585 published in the Federal
Register on December 15, 2010 (75 FR
78164) on page 78167 is withdrawn as
of January 28, 2011.

SUMMARY:

and regulatory requirements, and is
consistent with EPA’s guidance. EPA is
taking final action to approve the
revision to the Tennessee SIP, pursuant
to the Clean Air Act (CAA). EPA is also
in the process of establishing a new
8-hour ozone NAAQS, and expects to
finalize the reconsidered NAAQS by
July 2011. Today’s action, however,
relates only to the 1997 8-hour ozone
NAAQS. Requirements for the Nashville
Area under the 2011 NAAQS will be
addressed in the future.

FOR FURTHER INFORMATION CONTACT:

Royce Dansby-Sparks, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Royce
Dansby-Sparks may be reached by
phone at (404) 562–9187 or by
electronic mail address [email protected].
SUPPLEMENTARY INFORMATION:

Table of Contents
I. Background
II. EPA Guidance and CAA Requirements
III. Today’s Action
IV. Final Action
V. Statutory and Executive Order Reviews

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