31 CFR part 515 revision

Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations
Electronic and Facsimile Availability

Supplement No. 2 to Part 748—
[Amended]

This document and additional
information concerning OFAC are
available from OFAC’s Web site
(www.treasury.gov/ofac). Certain general
information pertaining to OFAC’s
sanctions programs also is available via
facsimile through a 24-hour fax-ondemand service, tel.: 202/622–0077.

9. In Supplement No. 2 to part 748,
remove and reserve paragraph (d).

■

Dated: January 12, 2015.
Penny Pritzker,
Secretary of Commerce.
[FR Doc. 2015–00590 Filed 1–15–15; 8:45 am]
BILLING CODE 3510–33–P

Background

DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations
Office of Foreign Assets
Control, Treasury.

AGENCY:
ACTION:

Final rule.

The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is amending the Cuban
Assets Control Regulations to
implement policy changes announced
by the President on December 17, 2014
to further engage and empower the
Cuban people. These amendments
facilitate travel to Cuba for authorized
purposes, facilitate the provision by
travel agents and airlines of authorized
travel services and the forwarding by
certain entities of authorized
remittances, raise the limit on certain
categories of remittances to Cuba, allow
U.S. financial institutions to open
correspondent accounts at Cuban
financial institutions to facilitate the
processing of authorized transactions,
authorize certain transactions with
Cuban nationals located outside of
Cuba, and allow a number of other
activities related to, among other areas,
telecommunications, financial services,
trade, and shipping. These amendments
also implement certain technical and
conforming changes.

SUMMARY:

DATES:

Effective: January 16, 2015.

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FOR FURTHER INFORMATION CONTACT:

Assistant Director for Licensing, tel.:
202/622–2480, Assistant Director for
Policy, tel.: 202/622–6746, Assistant
Director for Regulatory Affairs, tel: 202/
622–4855, Assistant Director for
Sanctions Compliance & Evaluation,
tel.: 202/622–2490, Office of Foreign
Assets Control, or Chief Counsel
(Foreign Assets Control), tel.: 202/622–
2410, Office of the General Counsel,
Department of the Treasury (not toll free
numbers).
SUPPLEMENTARY INFORMATION:

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The Department of the Treasury
issued the Cuban Assets Control
Regulations, 31 CFR part 515 (the
‘‘Regulations’’), on July 8, 1963, under
the Trading With the Enemy Act (50
U.S.C. App. 5 et seq.). OFAC has
amended the Regulations on numerous
occasions. Notably, on September 3,
2009, OFAC amended the Regulations to
implement measures announced by the
President on April 13, 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 increasing the flow of
remittances and information to the
Cuban people. On January 28, 2011,
OFAC further amended the Regulations
to implement certain policy changes
announced by the President on January
14, 2011 designed to increase people-topeople 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.
These amendments allowed for greater
licensing of travel to Cuba for
educational, cultural, religious, and
journalistic activities and expanded
licensing of remittances to Cuba. These
amendments also modified regulations
regarding authorization of transactions
with Cuban nationals who have taken
up permanent residence outside of Cuba
and implemented certain technical and
conforming changes.
OFAC is now amending the
Regulations to implement certain policy
changes announced by the President on
December 17, 2014 to further engage
and empower the Cuban people. These
amendments facilitate travel to Cuba for
authorized purposes, facilitate the
provision by travel agents and airlines
of authorized travel services and the
forwarding by certain entities of
authorized remittances, raise the limit
on remittances to Cuba, allow U.S.
financial institutions to open
correspondent accounts at Cuban
financial institutions to facilitate the
processing of authorized transactions,
authorize certain transactions with
Cuban nationals outside of Cuba, and
allow a number of other activities

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related to, among other areas,
telecommunications, financial services,
trade, and shipping. These amendments
also implement certain technical and
conforming changes.
Travel to Cuba for authorized
purposes. OFAC is amending sections
515.533, 515.545, 515.560 through
515.567, and 515.574 through 515.576
to authorize travel-related transactions
and other transactions incident to
activities within the 12 existing travel
categories in OFAC’s regulations—such
as for educational activities (including
people-to-people travel), journalistic
and religious activities, professional
meetings, and humanitarian projects—
without the need for case-by-case
specific licensing, while continuing not
to authorize travel for tourist activities,
which is prohibited by statute. The
authorizations contain certain
restrictions appropriate to each category
of activities.
Travel services. OFAC is amending
section 515.572 to permit persons
subject to U.S. jurisdiction, including
travel agents and airlines, to provide
authorized travel and carrier services,
and certain entities to forward
authorized remittances, under
conditions set forth below, without the
need for specific licenses from OFAC.
Remittances. OFAC is amending
section 515.570 to raise from $500 to
$2,000 per quarter the limits on
remittances that may be sent to Cuban
nationals, and to generally authorize, as
is done now, as appropriate, on a caseby-case basis, without limitation,
remittances for humanitarian projects,
support for the Cuban people, and
development of private business in
Cuba. Section 515.560(c) is amended to
raise to $10,000 the total amount of
remittances that a traveler may carry to
Cuba.
Credit and debit cards, per diem, and
importation of certain goods and
services. OFAC is amending section
515.560 and adding a new section
515.584 to authorize the use of U.S.
credit and debit cards in Cuba for travelrelated and other transactions consistent
with section 515.560 and to allow U.S.
financial institutions to enroll
merchants and to process such
transactions. OFAC also is amending
section 515.560 to eliminate the per
diem limitation on authorized travelers’
spending in Cuba, and to permit
authorized travelers to import no more
than $400 worth of goods from Cuba
(including up to $100 in alcohol or
tobacco products).
Certain micro-financing, business,
and commercial import activities. OFAC
is amending section 515.575 to
authorize certain micro-financing

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activities and entrepreneurial and
business training, such as for private
businesses and agricultural operations.
OFAC is adding new section 515.582 to
authorize commercial imports of certain
specified goods and services produced
by independent Cuban entrepreneurs.
Certain financial transactions. OFAC
is adding a general license in new
section 515.584 to authorize depository
institutions to open correspondent
accounts at Cuban financial institutions
to facilitate the processing of authorized
transactions and to permit U.S. financial
institutions to reject and process certain
funds transfer transactions.
Regulatory interpretation of ‘‘cash in
advance.’’ OFAC is amending section
515.533 to revise the regulatory
interpretation of ‘‘cash in advance’’ from
‘‘cash before shipment’’ to ‘‘cash before
transfer of title and control’’ to allow
expanded financing options for
authorized exports to Cuba.
Telecommunications. In order to
better provide efficient and adequate
telecommunications services between
the United States and Cuba, OFAC is
amending section 515.542 to generally
authorize transactions that establish
mechanisms to provide commercial
telecommunications services linking
third countries and Cuba and in Cuba.
OFAC is amending section 515.578 to
authorize persons subject to U.S.
jurisdiction to provide additional
services incident to internet-based
communications and related to certain
exportations and reexportations of
communications items.
Certain transactions with Cuban
nationals located outside of Cuba.
OFAC is adding new section 515.585 to
authorize U.S.-owned or -controlled
entities in third countries to provide,
with some limitations, goods and
services to Cuban nationals in third
countries. OFAC is amending section
515.505 to unblock accounts of Cuban
nationals who have permanently
relocated outside of Cuba. OFAC is
amending section 515.579 to authorize
funds transfers through the United
States for the personal expenditures of
employees, grantees, and contractors,
and persons who share a common
dwelling as a family member of such
employees, grantees, and contractors, of
third-country official missions in Cuba
or any intergovernmental organization
in which the United States is a member
or holds observer status in Cuba. OFAC
is adding new section 515.581 to
authorize persons subject to U.S.
jurisdiction to sponsor and participate
in third-country professional meetings
and conferences that are attended by
Cuban nationals, and new section
515.583 to permit the provision of

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certain goods and services to Cuban
national sailors sequestered aboard
ships in U.S. ports.
Official government business. OFAC
is amending section 515.562 to expand
an existing authorization to cover all
Cuba-related transactions by employees,
grantees, and contractors of the U.S.
Government, foreign governments, and
certain international organizations in
their official capacities.
Cuban official missions. To facilitate
the reestablishment of diplomatic
relations with Cuba, OFAC is adding
new section 515.586 to authorize
transactions with Cuban official
missions and their employees in the
United States.
Other transactions. OFAC is adding
new section 515.580 to authorize
insurance companies to offer global
insurance policies that cover thirdcountry nationals traveling to Cuba.
OFAC is amending section 515.550 to
authorize foreign vessels to enter the
United States after engaging in certain
trade with Cuba.
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:

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PART 515—CUBAN ASSETS
CONTROL REGULATIONS
1. The authority citation for part 515
continues to read as follows:

■

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

Subpart B—Prohibitions
§ 515.207

[Amended]

2. In § 515.207, revise the Note to the
section to read as follows:
*
*
*
*
*

■

Note to § 515.207: For the waiver of the
prohibitions contained in this section for
vessels engaged in certain trade with Cuba,
see § 515.550.

Subpart C—General Definitions
■

3. Revise § 515.307 to read as follows:

§ 515.307

Unblocked national.

Any person licensed pursuant to
§ 515.505 as an unblocked national
shall, while so licensed, be regarded as
a person who is not a national of any
designated foreign country.
4. In § 515.329, revise the section
heading and introductory text to read as
follows:

■

§ 515.329 Person subject to the
jurisdiction of the United States; person
subject to U.S. jurisdiction.

The terms person subject to the
jurisdiction of the United States and
person subject to U.S. jurisdiction
include:
*
*
*
*
*
Subpart E—Licenses, Authorizations,
and Statements of Licensing Policy
■

5. Revise § 515.505 to read as follows:

§ 515.505 Certain Cuban nationals
unblocked.

(a) General license unblocking certain
persons. The following persons are
licensed as unblocked nationals, as that
term is defined in § 515.307 of this part:
(1) Any individual national of Cuba
who:
(i) Has taken up residence in the
United States; and
(ii) Is a United States citizen; is a
lawful permanent resident alien of the

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United States; has applied to become a
lawful permanent resident alien of the
United States and has an adjustment of
status application pending; or is
lawfully present and intending to
lawfully remain in the United States on
a permanent basis; and
(iii) 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.
(2) Any individual national of Cuba
who has taken up permanent residence
outside of Cuba, provided that the
required documentation specified in
paragraph (c) of this section is obtained
and the individual 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) Any entity that otherwise would
be a national of Cuba solely because of
the interest therein of one or more
persons licensed in this paragraph (a) as
an unblocked national.

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Note to § 515.505(a): An individual
unblocked pursuant to this paragraph does
not become blocked again merely by leaving
the United States or the country in which he
or she has taken up permanent residence. An
individual unblocked national remains
unblocked unless and until the individual
thereafter becomes domiciled in or a
permanent resident of Cuba.

(b) General license unblocking
blocked accounts. Banking institutions,
as defined in § 515.314, including U.S.
registered brokers or dealers in
securities and U.S. registered money
transmitters, are authorized to unblock
any blocked account, as defined in
§ 515.319, that had been previously
blocked solely because of the interest
therein of one or more persons licensed
in paragraph (a) of this section as
unblocked nationals.
(c) Required documentation. In
determining whether an individual
national of Cuba qualifies as an
unblocked national under paragraph
(a)(2) of this section, persons subject to
U.S. jurisdiction must obtain evidence
demonstrating that the individual
satisfies the requirements of that
paragraph. Such evidence may include
copies of documents issued by
government authorities demonstrating
citizenship or lawful permanent
residence in a third country. These
could include, depending on the
information provided in the document
in question, a passport, voter
registration card, permanent resident
alien card, national identity card, or
other similar documents. Where such
documents are unavailable, persons

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subject to U.S. jurisdiction may also rely
on evidence that the individual has
been resident for the past two years
without interruption in a single country
outside of Cuba, or a sworn statement or
other evidence that the individual does
not intend to, or would not be welcome
to, return to Cuba.
(d) For the purposes of paragraph
(a)(1) of this section, the term ‘‘lawfully
present and intending to lawfully
remain in the United States on a
permanent basis’’ includes an
individual with a pending application
for asylum or who has been paroled into
the United States under Cuban Parole or
Cuban Medical designations. It does not
include anyone present in the United
States in a non-immigrant status.
Note to § 515.505: See § 515.571 for the
authorization of certain limited transactions
incident to travel to, from, and within the
United States by Cuban nationals who are
present in the United States in a nonimmigrant status or pursuant to other nonimmigrant travel authorization issued by the
U.S. government.

6. Amend § 515.533 by revising the
the section heading and paragraph
(a)(2), redesignating the Note to
paragraph (b) as the Note to § 515.533(b)
and revising it, revising paragraphs (d)
and (e), and removing paragraphs (f) and
(g) to read as follows:

■

§ 515.533 Exportations from the United
States to Cuba; reexportations of 100%
U.S.-origin items to Cuba; negotiation of
executory contracts.

(a) * * *
(2) Only the following payment and
financing terms may be used:
(i) Payment of cash in advance. For
the purposes of this section, the term
‘‘payment of cash in advance’’ shall
mean payment before the transfer of title
to, and control of, the exported items to
the Cuban purchaser; or
(ii) Financing by a banking institution
located in a third country provided the
banking institution is not a designated
national, a U.S. citizen, a U.S.
permanent resident alien, or an entity
organized under the laws of the United
States or any jurisdiction within the
United States (including any foreign
branch of such an entity). Such
financing may be confirmed or advised
by a U.S. banking institution.
*
*
*
*
*
Note to § 515.533(b): This paragraph does
not authorize transactions related to travel to,
from, or within Cuba. See paragraph (d) for
a general license addressing such
transactions, and paragraph (e) with respect
to specific licenses.

*

*
*
*
*
(d) General license for travel-related
transactions incident to sales of certain

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items. The travel-related transactions set
forth in § 515.560(c) and such additional
transactions as are directly incident to
the conduct of market research,
commercial marketing, sales
negotiation, accompanied delivery, or
servicing in Cuba of items consistent
with the export or reexport licensing
policy of the Department of Commerce
are authorized, provided that the
traveler’s schedule of activities does not
include free time or recreation in excess
of that consistent with a full-time
schedule.
(e) 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
such other transactions as are related to
the exportation and reexportation of
items to Cuba when such transactions
do not qualify for the general license
under paragraph (d) of this section.
■ 7. Revise § 515.542 to read as follows:
§ 515.542 Mail and telecommunicationsrelated transactions.

(a) All transactions, including
payments, incident to the receipt or
transmission of mail between the United
States and Cuba by persons subject to
U.S. jurisdiction are authorized.
(b) All transactions, including
payments, incident to the provision of
telecommunications services related to
the transmission or the receipt of
telecommunications involving Cuba,
including the entry into and
performance under roaming service
agreements with telecommunications
services providers in Cuba, by persons
subject to U.S. jurisdiction are
authorized. This paragraph does not
authorize any transactions addressed in
paragraphs (c) or (d) of this section, nor
does it authorize the entry into or
performance of a contract with or for the
benefit of any particular individual in
Cuba.
(c) All persons subject to U.S.
jurisdiction are authorized to enter into,
and make payments under, contracts
with telecommunications service
providers, or particular individuals in
Cuba, for telecommunications services
provided to particular individuals in
Cuba, provided that such individuals in
Cuba are not prohibited officials of the
Government of Cuba, as defined in
§ 515.337 of this part, or prohibited
members of the Cuban Communist
Party, as defined in § 515.338 of this
part. The authorization in this
paragraph includes payment for
activation, installation, usage (monthly,
pre-paid, intermittent, or other),
roaming, maintenance, and termination
fees.

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(d) General license for
telecommunications facilities.
Transactions, including payments,
incident to the establishment of
facilities, including fiber-optic cable and
satellite facilities, to provide
telecommunications services linking the
United States or third countries and
Cuba, including facilities to provide
telecommunications services in Cuba,
are authorized.
(e) Any entity subject to U.S.
jurisdiction relying on paragraph (b), (c),
or (d) of this section shall notify OFAC
in writing within 30 days after
commencing or ceasing to offer such
services, as applicable, and shall furnish
by January 15 and July 15 of each year
semiannual reports providing the total
amount of all payments made to Cuba
or a third country related to any of the
services authorized by this section
during the prior six months. These
notifications and reports must be
captioned ‘‘Section 515.542
Notification’’ or ‘‘Section 515.542
Report’’ and faxed to 202/622–6931 or
mailed to the Office of Foreign Assets
Control, Attn: Regulatory Affairs
Division, 1500 Pennsylvania Avenue
NW., Annex, Washington, DC 20220.
(f) For purposes of this section, the
term ‘‘telecommunications services’’
includes data, telephone, telegraph,
internet connectivity, radio, television,
news wire feeds, and similar services,
regardless of the medium of
transmission, including transmissions
by satellite.
(g) Nothing in this section authorizes
the exportation or reexportation of any
items to Cuba. For the rules related to
authorization of exports and reexports
to Cuba, see §§ 515.533 and 515.559.
(h) Nothing in this section authorizes
transactions related to travel to, from, or
within Cuba.
Note 1 to § 515.542: For an authorization
of travel-related transactions that are directly
incident to the conduct of market research,
commercial marketing, sales negotiation,
accompanied delivery, or servicing in Cuba
of items consistent with the export or
reexport policy of the Department of
Commerce, see § 515.533(d). For an
authorization of travel-related transactions
that are directly incident to participation in
professional meetings, including where such
meetings are for the market research for,
commercial marketing of, sales negotiation
for, accompanied delivery of, servicing of, or
performance under contracts for the
provision of telecommunications services, or
the establishment of facilities to provide
telecommunications services, authorized by
paragraphs (b), (c), or (d) of this section, see
§ 515.564(a).
Note 2 to § 515.542: For an authorization
of certain internet-related services, see
§ 515.578.

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8. Amend § 515.545 by revising
paragraph (b) and adding new paragraph
(c) to read as follows:

■

§ 515.545 Transactions related to
information and informational materials.

*

*
*
*
*
(b) General license. The travel-related
transactions set forth in § 515.560(c) and
such additional transactions as are
directly incident to the exportation,
importation, or transmission of
information or informational materials
as defined in § 515.332 are authorized,
provided that the traveler’s schedule of
activities does not include free time or
recreation in excess of that consistent
with a full-time schedule.
(c) 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
such other transactions as are related to
information and informational materials
that do not qualify for the general
license under paragraph (b) of this
section.
*
*
*
*
*
■ 9. Revise § 515.548 to read as follows:
§ 515.548 Services rendered by Cuba to
United States aircraft.

The receipt of services from Cuba and
payment to Cuba of charges for services
rendered by Cuba in connection with
overflights of Cuba or emergency
landings in Cuba by aircraft registered
in the United States or owned or
controlled by, or chartered to, persons
subject to U.S. jurisdiction are
authorized.
■ 10. Revise § 515.549 to read as
follows:
§ 515.549 Bank accounts and other
property of non-Cuban decedents in Cuba
on or after July 8, 1963.

Specific licenses may be issued
authorizing the administration of the
estates of non-Cuban decedents who
died in Cuba on or after July 8, 1963,
provided that any distribution to a
blocked national of Cuba is made by
deposit in a blocked account in a
domestic bank in the name of the
blocked national.
■ 11. Revise § 515.550 to read as
follows:
§ 515.550 Certain vessel transactions
authorized.

Unless a vessel is otherwise engaging
or has otherwise engaged in transactions
that would prohibit entry pursuant to
§ 515.207, § 515.207 shall not apply to a
vessel that is:
(a) Engaging or has engaged in trade
with Cuba authorized pursuant to
§ 515.533 or § 515.559;

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(b) Engaging or has engaged in trade
with Cuba that is exempt from the
prohibitions of this part (see § 515.206);
(c) Engaging or has engaged in the
exportation or re-exportation to Cuba
from a third country of agricultural
commodities, medicine, or medical
devices that would be designated as
EAR99 under the Export Administration
Regulations (15 CFR part 730 et seq.), if
they were located in the United States;
or
(d) A foreign vessel that has entered
a port or place in Cuba while carrying
students, faculty, and staff that are
authorized to travel to Cuba pursuant to
§ 515.565(a).
Note to § 515.550(d): This general license
does not authorize vessels to transport
persons between the United States and Cuba.
See § 515.572(c).

12. Amend § 515.559 by revising the
section heading, removing and reserving
paragraph (b)(2), adding new paragraphs
(d) and (e), redesignating the Note to
§ 515.559 as Note 1 to § 515.559, and by
revising it, and by adding new Note 2
to § 515.559 to read as follows:

■

§ 515.559 Certain export and import
transactions by U.S.-owned or -controlled
foreign firms.

*

*
*
*
*
(b) * * *
(2) [Reserved]
*
*
*
*
*
(d) General license. Travel-related
transactions set forth in § 515.560(c) and
such other transactions as are directly
incident to market research, commercial
marketing, sales negotiation,
accompanied delivery, or servicing of
exports that are consistent with the
licensing policy under paragraph (a) of
this section are authorized, provided
that the traveler’s schedule of activities
does not include free time or recreation
in excess of that consistent with a fulltime schedule.
(e) 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
such other transactions as are related to
certain transactions by U.S.-owned or
-controlled foreign firms with Cuba that
do not qualify for the general license
under paragraph (d) of this section.
Note 1 to § 515.559: For authorization of
the reexportation of U.S.-origin items, see
§ 515.533. Transactions by U.S.-owned or
-controlled foreign firms directly incident to
the exportation of information or
informational materials or the donation of
food to nongovernmental entities or
individuals in Cuba are exempt from the
prohibitions of this part. See § 515.206. For
the waiver of the prohibitions contained in
§ 515.207 with respect to vessels transporting

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Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations
shipments of items pursuant to this section,
see § 515.550.
Note 2 to § 515.559: See § 515.585 for
provisions related to certain transactions by
U.S.-owned or -controlled firms in third
countries with certain Cuban nationals.

13. Amend § 515.560 by revising
paragraph (a), (c)(2), (c)(3), (c)(4)(i),
(c)(5), (d) introductory text, removing
and reserving paragraph (e), and adding
Notes 1, 2, and 3 to § 515.560 to read as
follows:

■

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§ 515.560 Travel-related transactions to,
from, and within Cuba by persons subject
to U.S. jurisdiction.

(a) The travel-related transactions
listed in paragraph (c) of this section
may be authorized either by a general
license or on a case-by-case basis by a
specific license for travel related to the
following activities (see the referenced
sections for the applicable general and
specific licensing criteria):
(1) Family visits (see § 515.561);
(2) Official business of the U.S.
government, foreign governments, and
certain intergovernmental organizations
(see § 515.562);
(3) Journalistic activity (see
§ 515.563);
(4) Professional research and
professional meetings (see § 515.564);
(5) Educational activities (see
§ 515.565);
(6) Religious activities (see § 515.566);
(7) Public performances, clinics,
workshops, athletic and other
competitions, and exhibitions (see
§ 515.567);
(8) Support for the Cuban people (see
§ 515.574);
(9) Humanitarian projects (see
§ 515.575);
(10) Activities of private foundations
or research or educational institutes (see
§ 515.576);
(11) Exportation, importation, or
transmission of information or
informational materials (see § 515.545);
and
(12) Certain export transactions that
may be considered for authorization
under existing Department of Commerce
regulations and guidelines with respect
to Cuba or engaged in by U.S.-owned or
-controlled foreign firms (see §§ 515.533
and 515.559).
*
*
*
*
*
(c) * * *
(2) Living expenses in Cuba. All
transactions ordinarily incident to travel
within Cuba, including payment of
living expenses and the acquisition in
Cuba of goods for personal consumption
there, are authorized.
(3) Importation of Cuban
merchandise. The purchase or other

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acquisition in Cuba and importation as
accompanied baggage into the United
States of merchandise with a value not
to exceed $400 per person are
authorized, provided that no more than
$100 of the merchandise consists of
alcohol or tobacco products and the
merchandise is imported for personal
use only. The importation of Cubanorigin information and informational
materials is exempt from the
prohibitions of this part, as described in
§ 515.206. The importation of certain
other specified goods and services is
authorized in § 515.582.
(4) * * *
(i) The total of all remittances
authorized by § 515.570(a) through (d)
does not exceed $10,000; and
*
*
*
*
*
(5) Processing certain financial
instruments. All transactions incident to
the processing and payment of credit
cards, debit cards, stored value cards,
checks, drafts, travelers’ checks, and
similar instruments used or negotiated
in Cuba by any person authorized
pursuant to this part to engage in
financial transactions in Cuba are
authorized. Persons subject to U.S.
jurisdiction may rely on the traveler
with regard to compliance with this
paragraph, provided that such persons
do not know or have reason to know
that a transaction is not authorized by
this section.
Note to § 515.560(c)(5): Please see
§ 515.584 for additional provisions related to
the processing and payment of credit and
debit card transactions.

(d) A blocked Cuban national
permanently resident in Cuba who is
departing the United States may carry
currency as follows:
*
*
*
*
*
(e) [Reserved]
*
*
*
*
*
Note 1 to § 515.560: Each person relying on
the general authorization in this section must
retain specific records related to the
authorized travel transactions. See §§ 501.601
and 501.602 of this chapter for applicable
recordkeeping and reporting requirements.
Note 2 to § 515.560: This section authorizes
the provision of health insurance-, life
insurance-, and travel insurance-related
services to authorized travelers, as well as the
receipt of emergency medical services and
the making of payments related thereto.
Note 3 to § 515.560: The export or reexport
to Cuba of items subject to the Export
Administration Regulations (15 CFR et seq.)
may require separate authorization from the
Department of Commerce.

14. Revise § 515.561 to read as
follows:

■

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§ 515.561

2295

Family visits.

(a) General license. Persons subject to
the jurisdiction of the United States and
persons traveling with them who share
a common dwelling as a family with
them are authorized to engage in the
travel-related transactions set forth in
§ 515.560(c) and such additional
transactions as are directly incident to
visiting a close relative, as defined in
§ 515.339, who is a national of Cuba; a
person ordinarily resident in Cuba; a
person located in Cuba pursuant to the
authorizations in § 515.565(a)(1)
through (4) (educational activities),
provided that the authorized traveler
will be in Cuba for more than 60 days;
or a person located in Cuba pursuant to
the authorization in § 515.562 (official
government business).
Note to § 515.561(a): Each person relying
on the general authorization in this
paragraph must retain specific records
related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.

(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
such other transactions as are related to
family visits that do not qualify for the
general license under paragraph (a) of
this section.
(c) An entire group does not qualify
for the general license in paragraph (a)
of this section merely because some
members of the group qualify
individually.
■ 15. Revise § 515.562 to read as
follows:
§ 515.562 Official business of the U.S.
government, foreign governments, and
certain intergovernmental organizations.

(a) The travel-related transactions set
forth in § 515.560(c) and such additional
transactions as are directly incident to
activities in their official capacities by
persons who are employees, contractors,
or grantees of the United States
Government, any foreign government, or
any intergovernmental organization of
which the United States is a member or
holds observer status, and who are
traveling on the official business of their
government or intergovernmental
organization, are authorized.
(b) All transactions otherwise
prohibited by this part that are for the
conduct of the official business of the
United States Government or of any
intergovernmental organization of
which the United States is a member, or
holds observer status, by employees,
grantees, or contractors thereof, are
authorized.

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Note to § 515.562(a) and (b): Each person
relying on the general authorization in this
paragraph must retain specific records
related to the authorized travel transactions.
For example, grantees or contractors relying
on the authorization in this section must
retain a copy of their grant or contract with
the United States Government, foreign
government, or intergovernmental
organization. See §§ 501.601 and 501.602 of
this chapter for applicable recordkeeping and
reporting requirements.

authorizing the travel-related
transactions set forth in § 515.560(c) and
such other transactions as are related to
journalistic activity in Cuba that do not
qualify for the general license under
paragraph (a) of this section.
■ 17. Revise § 515.564 to read as
follows:

(c) An entire group does not qualify
for the general license in paragraph (a)
of this section merely because some
members of the group qualify
individually.
(d) 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
such other transactions as are related to
official government business that do not
qualify for the general licenses under
paragraph (a) or (b) of this section.
■ 16. Revise § 515.563 to read as
follows:

(a) General license
(1) Professional research. The travelrelated transactions set forth in
§ 515.560(c) and such additional
transactions as are directly incident to
professional research are authorized,
provided that:
(i) The purpose of the research
directly relates to the traveler’s
profession, professional background, or
area of expertise, including area of
graduate-level full-time study;
(ii) The traveler does not engage in
recreational travel, tourist travel, travel
in pursuit of a hobby, or research for
personal satisfaction only; and
(iii) The traveler’s schedule of
activities does not include free time or
recreation in excess of that consistent
with a full-time schedule of professional
research.
Example to § 515.564(a)(1): The
making of a documentary film in Cuba
would qualify for the general license in
this section if it is a vehicle for
presentation of the research conducted
pursuant to this section.

§ 515.563

Journalistic activities in Cuba.

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(a) General license. The travel-related
transactions set forth in § 515.560(c) and
such additional transactions as are
directly incident to journalistic
activities in Cuba are authorized,
provided that:
(1) The traveler is at least one of the
following:
(i) Regularly employed as a journalist
by a news reporting organization;
(ii) Regularly employed as supporting
broadcast or technical personnel;
(iii) A freelance journalist with a
record of previous journalistic
experience working on a freelance
journalistic project; or
(iv) Broadcast or technical personnel
with a record of previous broadcast or
technical experience, who are
supporting a freelance journalist
working on a freelance journalistic
project; and
(2) The traveler’s schedule of
activities does not include free time or
recreation in excess of that consistent
with a full-time schedule.
Note to § 515.563(a): Each person relying
on the general authorization in this
paragraph must retain specific records
related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.

(b) An entire group does not qualify
for the general license in paragraph (a)
of this section merely because some
members of the group qualify
individually.
(c) Specific licenses. Specific licenses
may be issued on a case-by-case basis

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§ 515.564 Professional research and
professional meetings in Cuba.

Note to § 515.564(a)(1): A person does not
qualify as engaging in professional research
merely because that person is a professional
who plans to travel to Cuba.

(2) Professional meetings. The travelrelated transactions set forth in
§ 515.560(c) and such additional
transactions as are directly incident to
travel to Cuba to attend professional
meetings or conferences in Cuba are
authorized, provided that:
(i) The purpose of the meeting or
conference is not the promotion of
tourism in Cuba;
(ii) The purpose of the meeting
directly relates to the traveler’s
profession, professional background, or
area of expertise, including area of
graduate-level full-time study;
(iii) The traveler does not engage in
recreational travel, tourist travel, or
travel in pursuit of a hobby; and
(iv) The traveler’s schedule of
activities does not include free time or
recreation in excess of that consistent
with a full-time schedule of attendance
at professional meetings or conferences.
Note to § 515.564(a): Each person relying
on the general authorization in this
paragraph must retain specific records

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related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.

(b) An entire group does not qualify
for the general license in paragraph (a)
of this section of this section merely
because some members of the group
qualify individually.
Example to § 515.564(b): A musicologist
travels to Cuba to research Cuban music
pursuant to the general license for
professional research set forth in paragraph
(a) of this section. Others who are simply
interested in music may not engage in travelrelated transactions with the musicologist in
reliance on this general license. For example,
an art historian who plays in the same band
with the musicologist would not qualify for
the general license.

(c) 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
such other transactions as are related to
professional research or professional
meetings in Cuba that do not qualify for
the general license under paragraph (a)
of this section.
■ 18. Revise § 515.565 to read as
follows:
§ 515.565

Educational activities.

(a) General license for educational
activities. Persons subject to U.S.
jurisdiction, including U.S. academic
institutions and their faculty, staff, and
students, are authorized to engage in the
travel-related transactions set forth in
§ 515.560(c) and such additional
transactions as are directly incident to:
(1) Participation in a structured
educational program in Cuba as part of
a course offered for credit by a U.S.
graduate or undergraduate degreegranting academic institution that is
sponsoring the program;
(2) Noncommercial academic research
in Cuba specifically related to Cuba and
for the purpose of obtaining an
undergraduate or graduate 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;
(4) Teaching at a Cuban academic
institution related to an academic
program at the Cuban institution,
provided that the individual is regularly
employed by a U.S. or other non-Cuban
academic 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

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Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations
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
Cuban scholar returning to Cuba as
provided in § 515.560(d)(3);

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Note to § 515.565(a)(5): See § 515.571(a) for
authorizations related to certain banking
transactions by Cuban nationals.

(6) Educational exchanges sponsored
by Cuban or U.S. secondary schools
involving secondary school students’
participation in a formal course of study
or in a structured educational program
offered by a secondary school or other
academic institution and led by a
teacher or other secondary school
official. This includes participation by a
reasonable number of adult chaperones
to accompany the secondary school
students to Cuba.
(7) Sponsorship or co-sponsorship of
noncommercial academic seminars,
conferences, and workshops related to
Cuba or global issues involving Cuba
and attendance at such events by
faculty, staff, and students of a
participating U.S. academic institution;
(8) The organization of, and
preparation for, activities described in
paragraphs (a)(1) through (a)(7) of this
section by members of the faculty and
staff of the sponsoring U.S. academic
institution or secondary school; or
(9) Facilitation by an organization that
is a person subject to U.S. jurisdiction,
or a member of the staff of such an
organization, of licensed educational
activities in Cuba on behalf of U.S.
academic institutions or secondary
schools, provided that:
(i) The organization is directly
affiliated with one or more U.S.
academic institutions or secondary
schools;
(ii) The organization facilitates
educational activities that meet the
requirements of one or more of the
general licenses set forth in
§ 515.565(a)(1), (a)(2), (a)(3), and (a)(6);
and
(iii) The educational activities the
organization facilitates in Cuba must, by
prior agreement, be accepted for credit
by the affiliated U.S. academic
institution or approved by the affiliated
secondary school.
Note 1 to § 515.565(a): U.S. academic
institutions or secondary schools 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.
Note 2 to § 515.565(a): This paragraph
authorizes all members of the faculty and

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staff (including 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 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.

(b) General license for people-topeople travel. The travel-related
transactions set forth in § 515.560(c) and
such additional transactions as are
directly incident to educational
exchanges not involving academic study
pursuant to a degree program are
authorized, provided that:
(1) The exchanges take place under
the auspices of an organization that is a
person subject to U.S. jurisdiction and
that sponsors such exchanges to
promote people-to-people contact;
(2) Travel-related transactions
pursuant to this authorization must be
for the purpose of engaging, while in
Cuba, in a full-time schedule of
activities intended to enhance contact
with the Cuban people, support civil
society in Cuba, or promote the Cuban
people’s independence from Cuban
authorities;
(3) Each traveler has a full-time
schedule of educational exchange
activities that will result in meaningful
interaction between the traveler and
individuals in Cuba;
(4) An employee, paid consultant, or
agent of the sponsoring organization
accompanies each group traveling to
Cuba to ensure that each traveler has a
full-time schedule of educational
exchange activities; and
(5) The predominant portion of the
activities engaged in by individual
travelers is not with individuals or
entities acting for or on behalf of a
prohibited official of the Government of
Cuba, as defined in 31 CFR 515.337 of
this part, or a prohibited member of the
Cuban Communist Party, as defined in
31 CFR 515.338 of this part.
Example to § 515.565(b): An
organization wishes to sponsor and
organize educational exchanges not
involving academic study pursuant to a
degree program for individuals to learn
side-by-side with Cuban individuals in
areas such as environmental protection
or the arts. The travelers will have a
full-time schedule of educational
exchange activities that will result in
meaningful interaction between the
travelers and individuals in Cuba. The
organization’s activities qualify for the
general license.
Note to § 515.565(b): An organization that
sponsors and organizes trips to Cuba in
which travelers engage in individually
selected and/or self-directed activities would

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2297

not qualify for the general license.
Authorized trips are expected to be led by the
organization and to have a full-time schedule
of activities in which the travelers will
participate.
Note to § 515.565(a) and (b): Each person
relying on the general authorizations in these
paragraphs, including entities sponsoring
travel pursuant to the authorization in
§ 515.565(b), must retain specific records
related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.

(c) Transactions related to activities
that are primarily tourist-oriented,
including self-directed educational
activities that are intended only for
personal enrichment, are not authorized
pursuant to this section.
(d) 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
such other transactions as are related to
educational activities that do not qualify
for the general licenses under paragraph
(a) or (b) of this section.
■ 19. Revise § 515.566 to read as
follows:
§ 515.566

Religious activities in Cuba.

(a) General license. Persons subject to
U.S. jurisdiction, including religious
organizations located in the United
States and 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
engaging in religious activities in Cuba,
provided that the travel-related
transactions pursuant to this
authorization must be for the purpose of
engaging, while in Cuba, in a full-time
schedule of religious activities.
Note to § 515.566(a): Each person relying
on the general authorization in this
paragraph must retain specific records
related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.

(b) Financial and material donations
to Cuba or Cuban nationals are not
authorized by this section.
Note to § 515.566(b): See § 515.570
regarding authorized remittances to religious
organizations in Cuba and for other purposes.
See § 515.533 regarding the exportation of
items from the United States to Cuba.

(c) 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
such other transactions as are related to
religious activities that do not qualify
for the general license under paragraph
(a) of this section.

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Note to § 515.566: Religious organizations
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.

for the general license in paragraph (a). The
game will, however, be open to the Cuban
public and any profits after costs from the
game will be donated to an independent nongovernmental organization in Cuba. The
baseball team’s activities would qualify for
the general license in paragraph (b).

20. Revise § 515.567 to read as
follows:

Note to § 515.567(a) and (b): Each person
relying on the general authorizations in these
paragraphs must retain specific records
related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.

■

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§ 515.567 Public performances, clinics,
workshops, athletic and other competitions,
and exhibitions.

(a) General license for amateur and
semi-professional international sports
federation competitions. The travelrelated transactions set forth in
§ 515.560(c) and such other transactions
as are directly incident to athletic
competition by amateur or semiprofessional athletes or athletic teams
traveling to participate in athletic
competition in Cuba are authorized,
provided that:
(1) The athletic competition in Cuba
is held under the auspices of the
international sports federation for the
relevant sport;
(2) The U.S. participants in the
athletic competition are selected by the
U.S. federation for the relevant sport;
and
(3) The competition is open for
attendance, and in relevant situations,
participation, by the Cuban public.
(b) General license for public
performances, clinics, workshops, other
athletic or non-athletic competitions,
and exhibitions. The travel-related
transactions set forth in § 515.560(c) and
such other transactions as are directly
incident to participation in a public
performance, clinic, workshop, athletic
competition not covered by paragraph
(a) of this section, non-athletic
competition, or exhibition in Cuba by
participants in such activities are
authorized, provided that:
(1) The event is open for attendance,
and in relevant situations participation,
by the Cuban public;
(2) All U.S. profits from the event
after costs are donated to an
independent nongovernmental
organization in Cuba or a U.S.-based
charity, with the objective, to the extent
possible, of promoting people-to-people
contacts or otherwise benefiting the
Cuban people; and
(3) Any clinics or workshops in Cuba
must be organized and run, at least in
part, by the authorized traveler.
Example to § 515.567(a) and (b): An
amateur baseball team wishes to travel to
Cuba to compete against a Cuban team in a
baseball game in Cuba. The game will not be
held under the auspices of the international
sports federation for baseball. The baseball
team’s activities therefore would not qualify

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(c) An entire group does not qualify
for the general license in paragraph (a)
or (b) of this section merely because
some members of the group qualify
individually.
(d) 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
such other transactions as are related to
public performances, clinics,
workshops, athletic and other
competitions, and exhibitions that do
not qualify for the general licenses
under paragraphs (a) or (b) of this
section.
■ 21. Amend § 515.569 by adding a Note
to § 515.569 to read as follows:
§ 515.569

*

*

Foreign passengers’ baggage.

*

*

*

Note to § 515.569: Pursuant to
§ 515.560(c)(3), a person other than a citizen
or resident of the United States arriving in
the United States on a trip that included
Cuba is authorized to import as accompanied
baggage alcohol or tobacco products
purchased or otherwise acquired in Cuba
with a value not to exceed $100 for personal
use only. See § 515.560(c)(3).

22. Amend § 515.570 by revising
paragraphs (b), (d), and (g), adding new
paragraph (h), redesignating the Note to
§ 515.570 as Note 1 to § 515.570 and
revising it, and adding new Note 2 to
§ 515.570 to read as follows:

■

§ 515.570

Remittances.

*

*
*
*
*
(b) Periodic remittances authorized.
Persons subject to the jurisdiction of the
United States are authorized to make
periodic remittances to Cuban nationals,
provided that:
(1) The remitter’s total remittances
pursuant to paragraph (b) of this section
to any one Cuban national do not
exceed $2,000 in any consecutive threemonth period;
(2) The remittances are not made from
a blocked source;
(3) 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

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Communist Party, as defined in
§ 515.338 of this part;
(4) The remittances are not made for
emigration-related purposes.
Remittances for emigration-related
purposes are addressed by paragraph (e)
of this section; and
(5) The remitter, if an individual, is 18
years of age or older.
*
*
*
*
*
(d) Remittances to students in Cuba
pursuant to an educational license
authorized. Persons subject to the
jurisdiction of the United States who are
18 years of age or older are authorized
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) or
a specific license issued pursuant to
§ 515.565(d), provided that the
remittances are not made from a blocked
source and are for the purpose of
funding transactions authorized by the
general licenses in § 515.565(a) or the
specific license issued pursuant to
§ 515.565(d) under which the student is
traveling.
*
*
*
*
*
(g) Remittances to certain individuals
and independent non-governmental
organizations in Cuba. Remittances by
persons subject to U.S. jurisdiction to
individuals and independent nongovernmental entities in Cuba,
including pro-democracy groups and
civil society groups, and to members of
such groups or organizations, are
authorized for the following purposes,
provided that the remittances are not
made from a blocked source:
(1) To support humanitarian projects
in or related to Cuba that are designed
to directly benefit the Cuban people, as
set forth in § 515.575(b);
(2) To support the Cuban people
through activities of recognized human
rights organizations, independent
organizations designed to promote a
rapid, peaceful transition to democracy,
and activities of individuals and nongovernmental organizations that
promote independent activity intended
to strengthen civil society in Cuba; and
(3) To support the development of
private businesses, including small
farms.
(h) 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 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,

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including illness or other medical
emergency.
(2) Remittances from a blocked
account to a Cuban national in excess of
the amount specified in paragraph (f)(2)
of this section.

Note 2 to § 515.570: For the rules relating
to the carrying of remittances to Cuba, see
§ 515.560(c)(4). See § 515.572 for an
authorization related to the collection or
forwarding of certain remittances to Cuba.

(b) Payments and transfers of credit in
the United States from blocked accounts
in domestic banking institutions held in
the name of a Cuban national who is
present in the United States in a nonimmigrant status or pursuant to other
non-immigrant travel authorization
issued by the U.S. government to or
upon the order of such Cuban national
are authorized provided that:
*
*
*
*
*

■

23. Amend § 515.571 by revising the
introductory text to paragraph (a),
revising paragraph (a)(3) and the
introductory text to paragraph (a)(5),
adding a new Note to § 515.571(a)(5),
adding a new Note to § 515.571(a),
revising the introductory text to
paragraph (b), and revising the Note to
§ 515.571 to read as follows:

Note to § 515.571: For the authorization of
certain transactions by Cuban nationals who
become U.S. citizens; are lawful permanent
resident aliens of the United States; have
applied to become a lawful permanent
resident alien of the United States and have
an adjustment of status application pending;
or are lawfully present and intending to
lawfully remain in the United States on a
permanent basis, see § 515.505 of this part.

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

■

Note 1 to § 515.570: This section does not
authorize investment with respect to Cuba.

(a) Except as provided in paragraph
(c) of this section, the following
transactions by or on behalf of a Cuban
national who is present in the United
States in a non-immigrant status or
pursuant to other non-immigrant travel
authorization issued by the U.S.
government are authorized:
*
*
*
*
*
(3) All transactions on behalf of
aircraft or vessels incident to flights or
voyages between the United States and
Cuba, provided that the carrier services
are authorized pursuant to § 515.572.
This paragraph does not authorize the
carriage of any merchandise into the
United States except accompanied
baggage; and
*
*
*
*
*
(5) All transactions ordinarily
incident to the Cuban national’s
presence in the United States in a nonimmigrant status or other nonimmigrant travel authorization issued
by the U.S. government.
*
*
*
*
*

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emergency medical services and making or
receipt of payment related thereto.

Note to § 515.571(a)(5): This paragraph
authorizes depository institutions to open
and maintain accounts for a Cuban national
who is present in the United States in a nonimmigrant status or pursuant to other nonimmigrant travel authorization for the
duration of the Cuban national’s stay in the
United States in such status, and to close
such accounts prior to the departure of the
Cuban national from the United States.
Accounts that are not closed prior to the
departure of such a Cuban national from the
United States must be blocked and reported
as such.
Note to § 515.571(a): This paragraph
authorizes the provision or receipt of

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24. Revise § 515.572 to read as
follows:

§ 515.572 Authorization to provide travel
services, carrier services, and remittance
forwarding services.

(a) General licenses—(1)
Authorization to provide travel services.
Persons subject to U.S. jurisdiction are
authorized to provide travel services in
connection with travel-related
transactions involving Cuba authorized
pursuant to this part.
(2) Authorization to provide carrier
services. Persons subject to U.S.
jurisdiction are authorized to provide
carrier services by aircraft to, from, or
within Cuba in connection with travel
or transportation to Cuba of persons,
baggage, or cargo authorized pursuant to
this part.
Note to § 515.572(a)(2): Carriage to or from
Cuba of any item subject to the Export
Administration Regulations (15 CFR part 730
et seq.) may also require separate
authorization from the Department of
Commerce. See § 515.533.

(3) Authorization to provide
remittance forwarding services. Banking
institutions, as defined in § 515.314,
including U.S.-registered brokers or
dealers in securities and U.S.-registered
money transmitters, are authorized to
provide services in connection with the
collection or forwarding of remittances
authorized pursuant to this part.
Note to § 515.572(a): Section 515.564
authorizes employees, officials, consultants,
or agents of persons subject to U.S.
jurisdiction providing travel or carrier
services or remittance forwarding services
authorized pursuant to this part to engage in
the travel-related transactions set forth in
§ 515.560(c) and such additional transactions
as are directly incident to travel to Cuba for
professional meetings in Cuba, such as those

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2299

related to safety and security of flights to and
from Cuba, or necessary to arrange for travel
or carrier services or remittance forwarding
to Cuba.

(b) Required reports and
recordkeeping. (1) Persons subject to
U.S. jurisdiction providing services
authorized pursuant to this section must
retain for at least five years from the
date of the transaction a certification
from each customer indicating the
section of this part that authorizes the
person to travel or send remittances to
Cuba. In the case of a customer traveling
under a specific license, a copy of the
license must be maintained on file with
the person subject to U.S. jurisdiction
providing services authorized pursuant
to this section.
(2) The names and addresses of
individual travelers or remitters, the
number and amount of each remittance,
and the name and address of each
recipient, as applicable, must be
retained on file with all other
information required by § 501.601 of
this chapter. These records must be
furnished to the Office of Foreign Assets
Control on demand pursuant to
§ 501.602 of this chapter.
(c) Specific licenses. Specific licenses
may be issued on a case-by-case basis
authorizing the provision of travel-,
carrier-, or remittance forwardingservices other than those authorized by
paragraph (a) of this section, including
the transportation of authorized
travelers by vessels.
■ 25. Amend § 515.573 by revising the
introductory text to paragraph (a),
revising paragraph (c), removing
paragraph (d), and adding new Note to
§ 515.573 to read as follows:
§ 515.573 Transactions by news
organizations.

(a) All transactions necessary for the
establishment and operation of news
bureaus in Cuba whose primary purpose
is the gathering and dissemination of
news to the general public are
authorized, including such other
transactions as are incident to the
following:
*
*
*
*
*
(c) The hiring and employment of
Cuban nationals in Cuba to provide
reporting services or other services
related to the gathering and
dissemination of news is authorized.
Note to § 515.573: The export or reexport
to Cuba of items subject to the Export
Administration Regulations (15 CFR part 730
et seq.) may require separate authorization
from the Department of Commerce.

26. Revise § 515.574 to read as
follows:

■

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§ 515.574

Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations
Support for the Cuban People.

(a) General license. The travel-related
transactions set forth in § 515.560(c) and
other transactions that are intended to
provide support for the Cuban people
are authorized, provided that:
(1) The activities are of:
(i) Recognized human rights
organizations;
(ii) Independent organizations
designed to promote a rapid, peaceful
transition to democracy; or
(iii) Individuals and nongovernmental organizations that
promote independent activity intended
to strengthen civil society in Cuba; and
(2) The traveler’s schedule of
activities does not include free time or
recreation in excess of that consistent
with a full-time schedule.
Note to § 515.574(a): Each person relying
on the general authorization in this
paragraph must retain specific records
related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.

Example to § 515.575(b): A U.S. group of
medical professionals that specializes in
disease treatment wishes to support a
community in Cuba by providing the latest
techniques and literature in disease
education and prevention directly to the
Cuban people. Provided that the medical
professionals in the group maintain a fulltime schedule related to disease education
and prevention, these activities qualify for
the general license.

(b) An entire group does not qualify
for the general license in paragraph (a)
of this section merely because some
members of the group qualify
individually.
(c) 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
such other transactions as are related to
support for the Cuban people that do
not qualify for the general license under
paragraph (a) of this section.
■ 27. Revise § 515.575 to read as
follows:

(c) An entire group does not qualify
for the general license in paragraph (a)
of this section merely because some
members of the group qualify
individually.
(d) 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
such other transactions as are related to
humanitarian projects that do not
qualify for the general license under
paragraph (a) of this section.
■ 28. Revise § 515.576 to read as
follows:

§ 515.575

§ 515.576 Activities of private foundations
or research or educational institutes.

Humanitarian projects.

(a) General license. Transactions,
including the travel-related transactions
set forth in § 515.560(c), that are related
to the humanitarian projects in or
related to Cuba that are designed to
directly benefit the Cuban people as set
forth in paragraph (b) are authorized,
provided that the traveler’s schedule of
activities does not include free time or
recreation in excess of that consistent
with a full-time schedule.

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environmental projects; projects
involving formal or non-formal
educational training, within Cuba or offisland, on the following topics:
entrepreneurship and business, civil
education, journalism, advocacy and
organizing, adult literacy, or vocational
skills; community-based grassroots
projects; projects suitable to the
development of small-scale private
enterprise; projects that are related to
agricultural and rural development that
promote independent activity;
microfinancing projects, except for
loans, extensions of credit, or other
financing prohibited by § 515.208; and
projects to meet basic human needs.

Note to § 515.575(a): Each person relying
on the general authorization in this
paragraph must retain specific records
related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.

(b) Authorized humanitarian projects.
The following projects are authorized by
paragraph (a) of this section: medical
and health-related projects; construction
projects intended to benefit legitimately
independent civil society groups;

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(a) General license. The travel-related
transactions set forth in § 515.560(c) and
such additional transactions as are
directly incident to activities by private
foundations or research or educational
institutes with an established interest in
international relations to collect
information related to Cuba for
noncommercial purposes are
authorized, provided that the traveler’s
schedule of activities does not include
free time or recreation in excess of that
consistent with a full-time schedule.
Example to § 515.576(a): A private
research foundation that produces essays on
international relations issues wishes to send
a team made up of its employees and
consultants to Cuba to collect information for
a current study of the relationship that
countries in the Western Hemisphere have
with European countries. Provided that all of
the employees and consultants on the team
maintain a full-time schedule of activities
relating to the collection of information for

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the study, these activities qualify for the
general license.
Note to § 515.576(a): Each person relying
on the general authorization in this
paragraph must retain specific records
related to the authorized travel transactions.
See §§ 501.601 and 501.602 of this chapter
for applicable recordkeeping and reporting
requirements.

(b) An entire group does not qualify
for the general license in paragraph (a)
of this section merely because some
members of the group qualify
individually.
(c) 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
such other transactions as are related to
activities of private foundations or
research or educational institutes that
do not qualify for the general license
under paragraph (a) of this section.
■ 29. Revise § 515.578 to read as
follows:
§ 515.578 Exportation and reexportation of
certain internet-based services.

(a) Except as provided in paragraph
(b) of this section, the following
transactions are authorized:
(1) Certain internet-based services.
The exportation or reexportation,
directly or indirectly, from the United
States or by a person subject to U.S.
jurisdiction to Cuba of services incident
to the exchange of communications over
the internet, such as instant messaging,
chat and email, social networking,
sharing of photos and movies, web
browsing, blogging, web hosting
provided that it is not for the promotion
of tourism, and domain name
registration services.
(2) Services related to certain
exportations and reexportations. To the
extent not authorized by paragraph
(a)(1) of this section or by § 515.533, the
exportation or reexportation of services,
including software design, business
consulting, and information technology
management services (including cloud
storage), that are related to the following
items, or of services to install, repair
(including repair training), or replace
such items:
(i) Items subject to the EAR. In the
case of items subject to the Export
Administration Regulations (EAR) (15
CFR part 730 et seq.), items exported or
reexported to Cuba pursuant to 15 CFR
740.19 (License Exception Consumer
Communication Devices (CCD));
(ii) Items not subject to the EAR
because they are of foreign origin and
are located outside the United States. In
the case of items not subject to the EAR
because they are of foreign origin and
are located outside the United States

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Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Rules and Regulations
that are exported, reexported, or
provided, directly or indirectly, by a
person subject to U.S. jurisdiction to
Cuba pursuant to a specific license
issued under § 515.559, items that are of
a type described in License Exception
CCD provided that the items would be
designated EAR99 if they were located
in the United States or would meet the
criteria for classification under the
relevant ECCN specified in License
Exception CCD if they were subject to
the EAR; and
(iii) Software not subject to the EAR
because it is described in 15 CFR
734.3(b)(3). In the case of software not
subject to the EAR because it is
described in 15 CFR 734.3(b)(3) that is
exported, reexported, or provided,
directly or indirectly, by a person
subject to U.S. jurisdiction to Cuba,
software that is of a type described in
License Exception CCD.
(3) Importation into the United States
of certain items previously exported to
Cuba. The importation into the United
States of items described in paragraph
(2)(i)–(iii) of this section by an
individual entering the United States,
directly or indirectly, from Cuba.
(4) Exportation, reexportation, or
provision of no cost services that are
widely available to the public. The
exportation or reexportation, directly or
indirectly, from the United States or by
persons subject to U.S. jurisdiction, to 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, or to
organizations administered or
controlled by the Government of Cuba
or the Cuban Communist Party, of
services described in paragraph (a)(1) of
this section or services related to items
exported or reexported pursuant to
License Exception CCD, provided that
such services are widely available to the
public at no cost to the user.

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Note 1 to § 515.578(a): The export or
reexport to Cuba of items subject subject to
the Export Administration Regulations (15
CFR part 730 et seq.) may require separate
authorization from the Department of
Commerce.
Note 2 to § 515.578(a): For an authorization
of transactions related to the provision of
telecommunications services, see § 515.542.

(b) This section does not authorize:
(1) The direct or indirect exportation
or reexportation of services with
knowledge or reason to know that such
services are intended for 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

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§ 515.338 of this part, or to
organizations administered or
controlled by the Government of Cuba
or the Cuban Communist Party, except
for the services specified in paragraph
(a)(4) of this section.
(2) The direct or indirect exportation
of any items to Cuba.
Note to § 515.578(b)(2): For provisions
related to transactions ordinarily incident to
the exportation or reexportation of items,
including software, to Cuba, see §§ 515.533
and 515.559.

(c) Specific licenses. Specific licenses
may be issued on a case-by-case basis
for the exportation of other internetbased services.
■ 30. Revise § 515.579 to read as
follows:
§ 515.579 Funds transfers for third-country
official missions and certain
intergovernmental organizations.

(a) Depository institutions, as defined
in § 515.333, are authorized to process
funds transfers for the operating
expenses or other official business in
Cuba of third-country official missions
or any intergovernmental organization
in which the United States is a member
or holds observer status.
(b) Depository institutions, as defined
in § 515.333, are authorized to process
funds transfers and maintain accounts
for the personal expenditures of the
employees, grantees, and contractors, or
persons who share a common dwelling
as a family member of such employees,
grantees, and contractors, of thirdcountry official missions or any
intergovernmental organization in
which the United States is a member or
holds observer status in Cuba.
■ 31. Add § 515.580 to read as follows:
§ 515.580 Global insurance policies
covering individuals traveling to Cuba.

Persons subject to U.S. jurisdiction
are authorized to issue or provide
coverage for global health, life, or travel
insurance policies for individuals
ordinarily resident in a country outside
of Cuba who travel to or within Cuba.
Persons subject to U.S. jurisdiction are
authorized to service those policies and
pay claims arising from events that
occurred while the individual was
traveling in, or to or from, Cuba.
Note to § 515.580: Certain insurancerelated services for persons subject to U.S.
jurisdiction traveling to, from, or within Cuba
are authorized pursuant to § 515.560. See
Note 2 to § 515.560.
■

32. Add § 515.581 to read as follows:

§ 515.581 Transactions related to
conferences in third countries authorized.

Persons subject to U.S. jurisdiction
are authorized to sponsor, provide

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2301

services in connection with, and
participate in conferences or other
similar events in a third country that are
attended by Cuban nationals, provided
that the conference or other similar
event does not relate to tourism in Cuba.
Note to § 515.581: The export or reexport
to Cuba of technology subject to the Export
Administration Regulations (15 CFR part 730
et seq.) may require separate authorization
from the Department of Commerce.
■

33. Add § 515.582 to read as follows:

§ 515.582 Importation of certain goods and
services produced by independent Cuban
entrepreneurs.

Persons subject to U.S. jurisdiction
are authorized to engage in all
transactions, including payments,
necessary to import certain goods and
services produced by independent
Cuban entrepreneurs as determined by
the State Department as set forth on the
State Department’s Section 515.582 List,
located at http://www.state.gov/e/eb/tfs/
spi/.
Note 1 to § 515.582: As of the date of
publication in the Federal Register of the
final rule including this provision, January
16, 2015, the State Department’s Section
515.582 List has not yet been published on
its Web site. The State Department’s Section
515.582 list also will be published in the
Federal Register, as will any changes to the
list.
Note 2 to § 515.582: Imports authorized by
this section are not subject to the limitations
set forth in § 515.560(c).
■

34. Add § 515.583 to read as follows:

§ 515.583 Provision of certain goods and
services to Cuban nationals sequestered
aboard vessels in U.S. ports.

The provision of goods and services
ordinarily incident and necessary to the
personal maintenance of Cuban
nationals who are prohibited from
disembarking from vessels in U.S. ports
is authorized.
■ 35. Add § 515.584 to read as follows:
§ 515.584 Certain financial transactions
involving Cuba.

(a) Correspondent accounts.
Depository institutions, as defined in
§ 515.333, are authorized to engage in
all transactions necessary to establish
and maintain correspondent accounts at
a financial institution that is a national
of Cuba, provided that such accounts
are used only for transactions
authorized pursuant to, or exempt from,
this part.
Note to § 515.584(a): This section does not
authorize the establishment and maintenance
of accounts in the United States or with a
person subject to U.S. jurisdiction by, on
behalf of, or for the benefit of, Cuba or a
Cuban national.

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(b) Testing arrangements. Depository
institutions are authorized to set up
testing arrangements and exchange
authenticator keys with any financial
institution that is a national of Cuba for
transactions authorized pursuant to, or
exempt from, this part.
(c) Credit and debit cards. All
transactions incident to the processing
and payment of credit and debit cards
involving travel-related and other
transactions consistent with § 515.560
are authorized.
(d) Wire transfers. Any depository
institution, as defined in § 515.333, that
is a person subject to U.S. jurisdiction
is authorized to:
(1) Reject funds transfers originating
and terminating outside the United
States where neither the originator nor
the beneficiary is a person subject to
U.S. jurisdiction and provided that 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, does not have an
interest in the transfer; and
(2) Provided that neither the
originator nor the beneficiary is a person
subject to U.S. jurisdiction, process
funds transfers originating and
terminating outside the United States
relating to transactions that would be
authorized pursuant to this part if the
originator or beneficiary were a person
subject to U.S. jurisdiction.
■ 36. Add § 515.585 to read as follows:
§ 515.585 Certain transactions by U.S.owned or -controlled firms in third
countries with certain Cuban nationals.

Any U.S.-owned or -controlled
partnership, association, corporation, or
other organization in a third country is
authorized to provide goods and
services to a Cuban national who is an
individual located outside of Cuba,
provided that the transaction does not
involve a commercial exportation,
directly or indirectly, of goods or
services to or from Cuba.

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Note 1 to § 515.585: This section does not
authorize U.S.-owned or -controlled firms in
third countries to export to Cuba
commodities produced in the authorized
trade territory. See § 515.559.
Note 2 to § 515.585: This section does not
authorize U.S.-owned or -controlled firms in
third countries to reexport to Cuba U.S.origin items. See § 515.533.
Note 3 to § 515.585: This section does not
authorize any transaction prohibited by
§ 515.204, including the purchase or sale of
Cuban-origin goods.
Note 4 to § 515.585: The export or reexport
to Cuba of items subject to the Export
Administration Regulations (15 CFR part 730

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et seq.) requires separate authorization from
the Department of Commerce.
■

37. Add § 515.586 to read as follows:

§ 515.586 Cuban official missions in the
United States.

(a) The provision of goods or services
in the United States to the official
missions of the Government of Cuba to
the United States and to international
organizations in the United States and
payment for such goods or services are
authorized, provided that:
(1) The goods or services are for the
conduct of the official business of the
missions, or for personal use of the
employees, or persons who share a
common dwelling as a family member
of such an employee, of the missions,
and are not for resale;
(2) The transaction does not involve
the purchase, sale, financing, or
refinancing of real property; and
(3) The transaction is not otherwise
prohibited by law.
(b) The provision of goods or services
in the United States to the employees,
or persons who share a common
dwelling as a family member of such an
employee, of the official missions of the
Government of Cuba to the United
States and to international organizations
in the United States and payment for
such goods or services are authorized,
provided that:
(1) The goods or services are for
personal use of the employees, or
persons who share a common dwelling
as a family member of such an
employee, of the missions, and are not
for resale; and
(2) The transaction is not otherwise
prohibited by law.
(c) Depository institutions, as defined
in § 515.333, are authorized to operate
accounts for, or extend credit to, the
official missions of the Government of
Cuba to the United States, and the
official missions of the Government of
Cuba to international organizations in
the United States, and employees
thereof, subject to the limitations in
paragraphs (a) and (b) of this section
and provided that any depository
institution making use of the
authorization in this section must
submit a report to the Department of the
Treasury, Office of Foreign Assets
Control, Washington, DC 20220, no later
than 30 days following the
establishment of the account. Such
report shall include the name and
address of the depository institution, the
name of the account holder, and the
account number.

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Dated: January 13, 2015.
John E. Smith,
Acting Director, Office of Foreign Assets
Control.
Approved: January 13, 2015.
David S. Cohen,
Under Secretary, Office of Terrorism and
Financial Intelligence, Department of the
Treasury.
[FR Doc. 2015–00632 Filed 1–15–15; 8:45 am]
BILLING CODE 4810–AL–P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–1066]

Drawbridge Operation Regulation;
Atchafalaya River, Morgan City, LA
Coast Guard, DHS.
Notice of temporary deviation
from drawbridge regulations.

AGENCY:
ACTION:

The Coast Guard has issued a
temporary deviation from the regulation
governing the operation of the Morgan
City(Berwick Bay) Railroad Bridge
across the Atchafalaya River, mile 17.5
(Gulf Intracoastal Waterway (Morgan
City-Port Allen Alternate Route) mile
0.3) in Morgan City, St. Mary’s Parish,
Louisiana. This deviation provides for
the bridge to remain closed to
navigation for four consecutive hours in
the morning and three hours in the
afternoon with an opening in the middle
to pass vessels. This will last for six
consecutive days. The purpose of the
closure is to conduct scheduled
maintenance and repairs to the
drawbridge.

SUMMARY:

This deviation is effective from
7 a.m. to 11 a.m. and then again from
1 p.m. through 4 p.m. daily from
January 26 through January 31, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2014–1066] is
available at http://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this rulemaking. You
may also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
DATES:

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