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 âRegulationsâ). 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 Presidentâs 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 Presidentâs 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 âgrandfatheringâ 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, OFACâs 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