This application is submitted to
revise the information collection authority pertaining to the Cuban
Assets Control Regulations set forth in 31 CFR part 515 (the
“Regulations”). The Regulations are implemented pursuant to the
Trading with the Enemy Act (50 U.S.C. §§ 4301-4341) and other
applicable statutes. This information is required by the Office of
Foreign Assets Control (OFAC) to implement its compliance and
enforcement programs with respect to regulatory requirements
regarding persons providing authorized travel and carrier services
with respect to Cuba. Specifically, the information may be
requested by OFAC to verify that travelers to Cuba on direct
flights were licensed by OFAC to engage in such travel and
facilitate OFAC's addressing of potential violations of the
Regulations.
US Code:
50 USC App. 1-44 Name of Law: Trading With the Enemy Act
US Code: 22
USC 6021-91 Name of Law: Cuban Liberty and Democratic
Solidarity Act
Based on public media reports,
OFAC assesses that its prior estimate of 1,750,000 certification
entries was overstated and that a more accurate estimate of
travelers is now 400,000. Following recent foreign policy
developments, including the President’s issuance of NSPM-5 and
corresponding regulatory changes, public media reports have
observed a decrease in U.S. travelers visiting Cuba in 2018. In the
April 2019 Address, National Security Advisor Ambassador John
Bolton announced regulatory changes to further implement NSPM-5 and
the President’s foreign policy toward Cuba. In accordance with the
April 2019 Address, OFAC is issuing a final rule amending 31 CFR §
515.565 to remove the authorization for group people-to-people
educational travel that appeared in § 515.565(b). OFAC is adding a
“grandfathering” provision in § 515.565(b) to authorize certain
group people-to-people educational travel that previously was
authorized where the traveler has already completed at least one
travel-related transaction (such as purchasing a flight or
reserving accommodation) prior to publication of the new regulation
in the Federal Register. OFAC assesses that the net effect of these
regulatory changes will decrease the number of individuals
traveling to Cuba and completing the requisite certification. In
addition, the Department of Commerce, Bureau of Industry and
Security, is issuing a complementary regulatory action that will
limit exports of certain vessels and aircraft to Cuba, which OFAC
understands is likely to decrease further the number of individual
travelers to Cuba completing a certification. Accordingly, OFAC
assesses that a more accurate estimate of the burden is
approximately 400,000 certifications annually. The significant
decrease of 1,350,000 respondents is attributed to both adjustments
in agency estimates and program changes. Given the limited data,
OFAC’s rough estimate is that 70% of this reduction (or 945,000
respondents) is attributable to changes in methodology for
estimated calculations and 30% of this reduction (or 405,000
respondents) is attributable to regulatory changes. In future
renewals, we will update the data based on additional observations
as feasible. A total of 6,667 burden hours is requested.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
1505-0168 Cuba travel supporting_statement (5-29-2019 FINAL).docx
Travel Service Provider and Carrier Service Provider Submission