46000 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 

■ Par. 12. Section 54.6061–1 is added to 

read as follows: 

§ 54.6061–1 Signing of returns and other 

documents. 

Effective for any Form 8928 that is 

due on or after January 1, 2010, any 

return, statement, or other document 

required to be made with respect to a 

tax imposed by section 4980B, 4980D, 

4980E, or 4980G of the Code or the 

regulations under section 4980B, 4980D, 

4980E, or 4980G must be signed by the 

person required to file the return, 

statement, or other document, or by the 

persons required or duly authorized to 

sign in accordance with the regulations, 

forms, or instructions prescribed with 

respect to such return, statement, or 

document. An individual’s signature on 

such return, statement, or other 

document shall be prima facie evidence 

that the individual is authorized to sign 

the return, statement, or other 

document. 

■ Par. 13. Section 54.6071–1 is added to 

read as follows: 

§ 54.6071–1 Time for filing returns. 

(a) Returns under section 4980B. (1) 

Due date for filing of return by 

employers or other persons responsible 

for benefits under a group health plan. 

If the person liable for the excise tax is 

an employer or other person responsible 

for providing or administering benefits 

under a group health plan (such as an 

insurer or a third party administrator), 

the return required by § 54.6011–2 must 

be filed on or before the due date for 

filing the person’s income tax return 

and must reflect the portion of the 

noncompliance period for each failure 

under section 4980B that falls during 

the person’s taxable year. An extension 

to file the person’s income tax return 

does not extend the date for filing Form 

8928. 

(2) Due date for filing of return by 

multiemployer plans. If the person 

liable for the excise tax is a 

multiemployer plan, the return required 

by § 54.6011–2 must be filed on or 

before the last day of the seventh month 

following the end of the plan’s plan 

year. The filing of Form 8928 by a plan 

must reflect the portion of the 

noncompliance period for each failure 

under section 4980B that falls during 

the plan’s plan year. 

(b) Returns under section 4980D. (1) 

Due date for filing of return by 

employers. If the person liable for the 

excise tax is an employer, the return 

required by § 54.6011–2 must be filed 

on or before the due date for filing the 

employer’s income tax return and must 

reflect the portion of the noncompliance 

period for each failure under chapter 

100 that falls during the employer’s 

taxable year. An extension to file the 

employer’s income tax return does not 

extend the date for filing Form 8928. 

(2) Due date for filing of return by 

multiemployer plans or multiple 

employer health plans. If the person 

liable for the excise tax is a 

multiemployer plan or a specified 

multiple employer health plan, the 

return required by § 54.6011–2 must be 

filed on or before the last day of the 

seventh month following the end of the 

plan’s plan year. The filing of Form 

8928 by a plan must reflect the portion 

of the noncompliance period for each 

failure under chapter 100 that falls 

during the plan’s plan year. 

(c) Returns under section 4980E. Any 

employer who is liable for the excise tax 

under section 4980E must report this tax 

by filing the return required by 

§ 54.6011–2 on or before the 15th day of 

the fourth month following the calendar 

year in which the noncomparable 

contributions were made. 

(d) Returns under section 4980G. Any 

employer who is liable for the excise tax 

under section 4980E must report this tax 

by filing the return required by 

§ 54.6011–2 on or before the 15th day of 

the fourth month following the calendar 

year in which the noncomparable 

contributions were made. See Q & A–4 

of § 54.4980G–1 for the rules on 

computation of the excise tax under 

section 4980G. 

(e) Effective/applicability date: The 

rules in this section are effective for any 

Form 8928 that is due on or after 

January 1, 2010. 

■ Par. 14. Section 54.6091–1 is added to 

read as follows: 

§ 54.6091–1 Place for filing excise tax 

returns under section 4980B, 4980D, 4980E, 

or 4980G. 

Effective for any Form 8928 that is 

due on or after January 1, 2010, the 

return required by § 54.6011–2 must be 

filed at the place specified in the forms 

and instructions provided by the 

Internal Revenue Service. 

■ Par. 15. Section 54.6151–1 is added to 

read as follows: 

§ 54.6151–1 Time and place for paying of 

tax shown on returns. 

Effective for any Form 8928 that is 

due on or after January 1, 2010, the tax 

shown on any return which is imposed 

under section 4980B, 4980D, 4980E or 

4980G shall, without assessment or 

notice and demand, be paid to the 

internal revenue officer with whom the 

return is filed at the time and place for 

filing such return (determined without 

regard to any extension of time for filing 

the return). For provisions relating to 

the time and place for filing such return, 

see §§ 54.6071–1 and 54.6091–1. 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: August 20, 2009. 

Michael Mundaca, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. E9–21225 Filed 9–4–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

31 CFR Part 515 

Cuban Assets Control Regulations 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Final rule. 

SUMMARY: The Department of the 

Treasury’s Office of Foreign Assets 

Control (‘‘OFAC’’) is amending the 

Cuban Assets Control Regulations to 

implement the President’s initiative of 

April 13, 2009, to promote greater 

contact between separated family 

members in the United States and Cuba 

and to increase the flow of remittances 

and information to the Cuban people. 

These amendments also implement 

provisions of the Omnibus 

Appropriations Act, 2009. 

DATES: Effective Date: September 3, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director for Compliance, 

Outreach & Implementation, tel.: 202– 

622–2490, Assistant Director for 

Licensing, tel.: 202–622–2480; Assistant 

Director for Policy, tel.: 202–622–4855, 

or Chief Counsel (Foreign Assets 

Control), tel.: 202–622–2410 (not toll 

free numbers). 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(www.treas.gov/ofac) or via facsimile 

through a 24-hour fax-on demand 

service, tel.: 202–622–0077. 

Background 

The Cuban Assets Control 

Regulations, 31 CFR part 515 (‘‘CACR’’), 

were issued by the U.S. Government on 

July 8, 1963, under the Trading With the 

Enemy Act (50 U.S.C. App. 5 et seq.). 

Today, OFAC is amending the CACR to 

implement measures announced by the 

President on April 13, 2009, to promote 


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greater contact between separated 

family members in the United States 

and Cuba and to increase the flow of 

remittances and information to the 

Cuban people. OFAC also is amending 

the CACR to implement certain 

provisions of the Omnibus 

Appropriations Act, 2009 (Pub. L. 111– 

8, 123 Stat. 524) (‘‘Appropriations Act’’), 

as well as to make certain technical and 

conforming changes. 

Travel to visit close relatives in Cuba. 

Sections 515.560 and 515.561 are 

amended to make a number of changes 

to the rules regarding travel-related 

transactions incident to visiting 

relatives in Cuba. Pursuant to July 2004 

amendments to the CACR, and prior to 

March 11, 2009, OFAC issued specific 

licenses on a case-by-case basis to 

persons subject to the jurisdiction of the 

United States for visits, no more than 

once every three years and for a period 

not to exceed 14 days, to a member of 

the person’s ‘‘immediate family’’ 

(defined as any spouse, child, 

grandchild, parent, grandparent, or 

sibling of the traveler or the traveler’s 

spouse, as well as any spouse, widow, 

or widower of any of the foregoing) who 

was a national of Cuba. A licensed 

traveler was authorized to spend up to 

$50 a day for living expenses in Cuba 

and an additional $50 per trip to cover 

transportation-related expenses within 

Cuba as necessary. Any individual 

accompanying a licensed family traveler 

had to separately qualify for a family 

travel specific license. Also pursuant to 

the July 2004 amendments to the CACR, 

and prior to March 11, 2009, persons 

subject to the jurisdiction of the United 

States who wished to visit a family 

member who was not a national of Cuba 

(e.g., a U.S. national traveling in Cuba 

pursuant to an OFAC license) had to 

obtain a specific license that would only 

be issued in certain exigent 

circumstances. 

In response to Section 621 of the 

Appropriations Act, which prohibited 

the expenditure of Fiscal Year 2009 

appropriated funds to administer, 

implement, or enforce the July 2004 

CACR amendments related to family 

travel, OFAC issued a general license 

and a new statement of specific 

licensing policy on its Web site. These 

new provisions, which were issued on 

March 11, 2009, reverted to the family 

travel policy that had been in place 

immediately prior to the July 2004 

amendments. This March 11 general 

license authorized one trip per year to 

visit a broader category of ‘‘close 

relatives’’ (including, for example, 

aunts, uncles, cousins, and second 

cousins) who were nationals of Cuba. 

The March 11 general license contained 

no limit on the duration of such a visit 

and increased the authorized 

expenditures in Cuba to match the 

expenditures allowed for all other 

authorized categories of travel—the 

current State Department per diem for 

Havana (for use anywhere in Cuba) plus 

amounts for additional transactions 

directly incident to visiting close 

relatives in Cuba. The general license 

also authorized family travelers to be 

accompanied by persons who share a 

common dwelling as a family with 

them. For visits to family who were not 

nationals of Cuba, the March 11 

statement of specific licensing policy 

provided for case-by-case authorization 

of visits to the broader category of 

‘‘close relatives’’ without the former 

exigent circumstances limitation. 

OFAC is amending section 515.561 to 

reflect the March 11 general license 

issued on OFAC’s Web site and to 

further expand this authorization by 

removing the once per year frequency 

limitation, so that family travelers can 

now visit their close relatives as often as 

they wish. OFAC also is extending this 

authorization to close relatives of U.S. 

Government employees assigned to the 

U.S. Interests Section in Havana. 

Accordingly, prior paragraph (a) of 

section 515.561 is replaced by two new 

general licenses. New paragraph (a)(1) of 

section 515.561 contains a general 

license authorizing the travel-related 

transactions set forth in section 

515.560(c) and additional transactions 

that are directly incident to visiting a 

close relative who is a national of Cuba, 

as that term is defined in section 

515.302. New paragraph (a)(2) of section 

515.561 provides this same 

authorization for visits to a close 

relative who is a U.S. Government 

employee assigned to the U.S. Interests 

Section in Havana. 

The term ‘‘close relative’’ is defined in 

new section 515.339 as any individual 

related to a person by blood, marriage, 

or adoption who is no more than three 

generations removed from that person or 

from a common ancestor with that 

person. Both new general licenses 

contained in paragraphs (a)(1) and (a)(2) 

of section 515.561 authorize persons 

who share a common dwelling as a 

family with a licensed family traveler to 

accompany the licensed traveler on a 

family visit. 

OFAC also is amending section 

515.561 to reflect the March 11 

statement of specific licensing policy 

published on OFAC’s Web site with 

respect to visits to family members who 

are not nationals of Cuba. Accordingly, 

the specific licensing policy in 

paragraph (b) of section 515.561 is 

amended to apply to visits to ‘‘close 

relatives’’ (as defined in new section 

515.339) and to remove the requirement 

that certain exigent circumstances must 

exist for a license to be issued. 

OFAC is amending section 

515.560(c)(2) by removing the $50 per 

day limit on living expenses in Cuba, as 

well as the $50 per trip limit on 

transportation-related expenses within 

Cuba, that formerly applied to licensed 

family visits. New section 515.560(c)(2) 

authorizes all transactions ordinarily 

incident to travel anywhere in Cuba, 

including payment of living expenses 

and the acquisition in Cuba of goods for 

personal consumption there, that do not 

exceed the ‘‘maximum per diem rate,’’ 

as established by the Department of 

State for Havana, Cuba, in effect at the 

time travel to Cuba takes place. The 

current ‘‘maximum per diem rate’’ may 

be found on the Department of State’s 

Office of Allowances Web site (http:// 

aoprals.state.gov). Nothing in these 

amendments authorizes the importation 

into the United States of any 

merchandise purchased or otherwise 

acquired in Cuba. The Commerce 

Department’s Bureau of Industry and 

Security is separately amending its 

regulations to remove the weight 

restriction on authorized baggage 

carried by travelers to Cuba. 

Remittances to nationals of Cuba. 

Prior to these amendments, remittances 

from persons subject to the jurisdiction 

of the United States to nationals of Cuba 

were limited to ‘‘immediate family’’ of 

the remitter and capped at $300 per 

recipient household in any consecutive 

three-month period. OFAC is amending 

paragraph (a) of section 515.570 to 

remove all limitations on the amount 

and frequency with which persons 

subject to the jurisdiction of the United 

States may make authorized remittances 

to nationals of Cuba and to expand the 

category of permitted recipients to 

‘‘close relatives,’’ as defined in new 

section 515.339. These amendments do 

not affect the prohibition on remittances 

to a ‘‘prohibited official of the 

Government of Cuba’’ or a ‘‘prohibited 

member of the Cuban Communist 

Party.’’ The definitions of those terms 

have been moved to new sections 

515.337 and 515.338, respectively. The 

general license that existed in paragraph 

(a) prior to these amendments 

authorizing periodic $300 remittances 

from a blocked account to a recipient in 

a third country in whose name, or for 

whose beneficial interest, the account is 

held has been moved to paragraph (c). 

OFAC is amending paragraph (b) of 

section 515.570, which authorizes two 

separate one-time emigration-related 

remittances, to increase the value limit 

of each of these remittances from $500 


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to $1,000. This change is being made to 

reflect increases in emigration-related 

expenses since the original $500 caps 

were set in 1991. 

To track the amendments to 

paragraphs (a) and (b) of section 

515.570, and subject to certain 

conditions, OFAC is amending 

paragraph (c) of section 515.570 to 

authorize unlimited remittances from an 

inherited blocked account in a banking 

institution in the United States to the 

account holder if s/he is a close relative 

of the decedent, as defined in new 

section 515.339, as well as limited 

emigration-related remittances from 

inherited blocked accounts. As noted 

above, amended paragraph (c) also 

authorizes remittances of up to $300 in 

any consecutive three-month period 

from any blocked account (including an 

account with funds other than inherited 

funds) to a Cuban national in a third 

country who is an individual in whose 

name, or for whose beneficial interest, 

the account is held. 

OFAC also is amending paragraph 

(c)(4)(i) and paragraph (d)(2) of section 

515.560. The changes to paragraph 

(c)(4)(i) of section 515.560 increase from 

$300 to $3,000 the total amount of 

family remittances an authorized 

traveler may carry to Cuba. The changes 

to paragraph (d)(2) of section 515.560 

increase from $300 to $3,000 the 

amount of funds received as remittances 

that a national of Cuba departing the 

United States may carry. 

Remittance-related transactions by 

banks and other depository institutions. 

A new general license in amended 

paragraph (a)(3) of section 515.572 

authorizes depository institutions to act 

as forwarders for remittances. A 

depository institution, as defined in 

section 515.333, no longer needs 

specific authorization from OFAC to 

provide services as a remittance 

forwarder. However, depository 

institutions and licensed remittance 

forwarders are required to collect from 

persons who use their services 

information showing compliance with 

the remittance provisions in this part. 

Depository institutions are permitted to 

set up testing arrangements and 

exchange authenticator keys with Cuban 

financial institutions to forward 

remittances authorized by or pursuant 

to section 515.570 but may not open or 

use direct correspondent accounts of 

their own with Cuban financial 

institutions. 

Certain telecommunications services, 

contracts, related payments, and travelrelated transactions authorized. OFAC 

is making substantial revisions to 

section 515.542 to implement the 

President’s directive related to 

increasing the flow of information to the 

Cuban people. Paragraph (b) is amended 

to authorize all transactions, including 

but not limited to payments, incident to 

the provision of telecommunications 

services between the United States and 

Cuba, the provision of satellite radio or 

satellite television services to Cuba, or 

the entry into and performance under 

roaming service agreements with 

telecommunications services providers 

in Cuba, by a telecommunications 

services provider that is a person subject 

to U.S. jurisdiction. Former paragraph 

(c), which set forth a case-by-case 

licensing policy for payments to Cuba 

for authorized telecommunications 

services, is removed in light of 

paragraph (b)’s new general license 

authorizing such payments. Paragraph 

(b) does not authorize the entry into or 

performance of a contract with or for the 

benefit of any particular individual in 

Cuba or any transactions incident to the 

establishment of facilities to provide 

telecommunications services linking the 

United States and Cuba or third 

countries and Cuba. These activities are 

covered instead by new paragraphs (c), 

(d)(1), and (d)(2). 

New paragraph (c) of section 515.542 

authorizes all persons subject to U.S. 

jurisdiction to enter into, and make 

payments under, contracts with nonCuban telecommunications services 

providers, or particular individuals in 

Cuba, for services provided to particular 

individuals in Cuba, such as a contract 

for cellular telephone service for a 

phone owned and used by a particular 

individual in Cuba, provided that the 

individual is not a prohibited official of 

the Government of Cuba or a prohibited 

member of the Cuban Communist Party, 

as defined in sections 515.337 and 

515.338, respectively. The authorization 

in new paragraph (c) includes, but is not 

limited to, payment for activation, 

installation, usage (monthly, pre-paid, 

intermittent, or other), roaming, 

maintenance, and termination fees. 

Newly added paragraph (d)(1) of 

section 515.542 contains a general 

license authorizing transactions 

incident to the establishment of 

facilities to provide telecommunications 

services linking the United States and 

Cuba, including but not limited to fiberoptic cable and satellite 

telecommunications facilities. Newly 

added paragraph (d)(2) provides a 

statement of specific licensing policy 

with respect to transactions incident to 

the establishment of facilities to provide 

telecommunications services linking 

third countries and Cuba, including but 

not limited to fiber-optic cable and 

satellite facilities, provided that such 

facilities are necessary to provide 

efficient and adequate 

telecommunications services between 

the United States and Cuba. Additional 

newly added paragraphs set out certain 

reporting requirements and 

clarifications. 

Travel-related transactions incident to 

these new authorizations in section 

515.542 are addressed by amendments 

to sections 515.564 and 515.533. New 

paragraph (a)(3) of section 515.564 

provides a general license authorizing, 

with certain conditions, the travelrelated transactions set forth in section 

515.560(c) and additional transactions 

that are directly incident to 

participation in professional meetings 

for the commercial marketing of, sales 

negotiation for, or performance under 

contracts for the provision of the 

telecommunications services, or the 

establishment of facilities to provide 

telecommunications services, 

authorized by the general licenses in 

section 515.542. With respect to those 

commercial telecommunications 

transactions that will require 

Commerce-authorized exports of 

telecommunications-related items, new 

paragraph (f) of section 515.533 

provides a general license authorizing, 

with certain conditions, the travelrelated transactions set forth in section 

515.560(c) and additional transactions 

that are directly incident to the 

commercial marketing, sales 

negotiation, accompanied delivery, or 

servicing in Cuba of 

telecommunications-related items that 

have been authorized for commercial 

export or re-export to Cuba by the 

Department of Commerce. 

Travel-related transactions incident to 

agricultural and medical sales 

authorized. OFAC is amending section 

515.533 of the CACR to add new 

paragraph (e) authorizing certain travelrelated transactions (former paragraph 

(e) has been redesignated as paragraph 

(g)). Pursuant to Section 620 of the 

Appropriations Act, which amended 

section 910(a) of the Trade Sanctions 

Reform and Export Enhancement Act of 

2000 (22 U.S.C. 7209(a)), new paragraph 

(e) contains a general license 

authorizing, with certain conditions, the 

travel-related transactions set forth in 

section 515.560(c) and additional 

transactions that are directly incident to 

the commercial marketing, sales 

negotiation, accompanied delivery, or 

servicing in Cuba of agricultural 

commodities, medicine, or medical 

devices that appear consistent with the 

export or re-export licensing policy of 

the Department of Commerce. 

Authorization of most transactions of 

Cuban nationals lawfully present in the 

United States in a non-visitor status. 


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Amendments to the CACR published 

March 24, 2003 (68 FR 14141), added a 

new general license at paragraph (c) of 

section 515.505 authorizing most 

transactions with Cuban national 

individuals who are granted 

humanitarian or other parole into the 

United States and remain in the United 

States pursuant to that grant of parole. 

This general license was intended to 

apply to all Cuban nationals who are 

lawfully present in the United States 

other than those who are in the United 

States on a temporary basis (e.g., an 

individual on a non-immigrant visa 

valid only for a specified period). The 

requirement that a Cuban national 

individual be paroled into the United 

States in order to be covered by the 

general license resulted in the 

unintended exclusion of Cuban national 

individuals who are lawfully present in 

the United States in a non-visitor status 

but who are not in a paroled status (e.g., 

those granted refugee status). 

OFAC is amending paragraph (c) of 

section 515.505 to eliminate this 

unintended limitation by replacing the 

requirement that the individual be a 

national of Cuba ‘‘who has been paroled 

into the United States’’ with a 

requirement that the individual be a 

national of Cuba ‘‘who is lawfully 

present in the United States in a nonvisitor status.’’ A sentence is added to 

paragraph (c) explaining that the term 

non-visitor status does not apply to an 

individual who is present in the United 

States on a non-immigrant visa valid 

only for a specified period of time. 

Conforming amendments are made to 

paragraph (e)(2), which contains an 

example of the application of the 

paragraph (c) general license. 

Additional forms of evidence 

accepted with applications for specific 

licenses unblocking Cuban nationals 

permanently resident outside of Cuba. 

Former paragraph (b) of section 515.505 

contained a statement of licensing 

policy pursuant to which OFAC would 

issue a specific license unblocking a 

Cuban national who had taken up 

permanent residence in a third country. 

Historically, OFAC required that a 

Cuban national obtain a permanent 

residence status recognized by the 

government of the relevant third 

country in documents issued by that 

government. Accordingly, former 

paragraph (b) required the submission of 

at least two documents from a list of 

qualifying documents issued by that 

third-country government showing 

permanent resident status. 

In recent years, OFAC increasingly 

has had to address situations where 

Cuban nationals have permanently left 

Cuba, and in some cases have lived 

outside of Cuba for many years, but are 

unable to provide the type or quantity 

of evidence required by paragraph (b) of 

section 515.505. In some of these cases, 

the relevant foreign government 

maintains a policy that allows the 

Cuban national to reside there 

permanently, but that government does 

not issue documentation officially 

recognizing the Cuban national as a 

‘‘permanent resident.’’ In other cases, 

the Cuban national may have left Cuba 

too recently to establish permanent 

residence in a third country, but other 

evidence, such as the circumstances 

under which the Cuban national left 

Cuba, clearly demonstrates that s/he 

either does not intend to, or would not 

be welcome to, return to Cuba. To 

address the cases that may warrant the 

issuance of a license but where the 

applicant cannot meet the evidentiary 

burden required by former paragraph 

(b), OFAC is revising that paragraph to 

allow for increased consideration of, 

and favorable licensing actions based 

upon, other evidence. 

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, Banks, Banking, Blocking of 

Assets, Cuba, Currency, Foreign trade, 

Imports, Reporting and recordkeeping 

requirements, Securities, Travel 

restrictions. 

■ For the reasons set forth in the 

preamble, the Department of the 

Treasury’s Office of Foreign Assets 

Control amends 31 CFR part 515 as set 

forth below: 

PART 515—CUBAN ASSETS 

CONTROL REGULATIONS 

■ 1. The authority citation for part 515 

is revised to read as follows: 

Authority: 18 U.S.C. 2332d; 22 U.S.C. 

2370(a), 6001–6010; 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. 6082); Pub. L. 105– 

277, 112 Stat. 2681; Pub. L. 106–387, 114 

Stat. 1549; Pub. L. 111–8, 123 Stat. 524; 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 C—General Definitions 

■ 2. Add § 515.337 to subpart C to read 

as follows: 

§ 515.337 Prohibited officials of the 

Government of Cuba. 

For purposes of this part, the term 

prohibited officials of the Government 

of Cuba means Ministers and Viceministers, members of the Council of 

State and the Council of Ministers; 

members and employees of the National 

Assembly of People’s Power; members 

of any provincial assembly; local sector 

chiefs of the Committees for the Defense 

of the Revolution; Director Generals and 

sub-Director Generals and higher of all 

Cuban ministries and state agencies; 

employees of the Ministry of the Interior 

(MININT); employees of the Ministry of 

Defense (MINFAR); secretaries and first 

secretaries of the Confederation of Labor 

of Cuba (CTC) and its component 

unions; chief editors, editors, and 

deputy editors of Cuban state-run media 

organizations and programs, including 

newspapers, television, and radio; and 

members and employees of the Supreme 

Court (Tribuno Supremo Nacional). 

■ 3. Add § 515.338 to read as follows: 

§ 515.338 Prohibited members of the 

Cuban Communist Party. 

For purposes of this part, the term 

prohibited members of the Cuban 

Communist Party means members of the 

Politburo, the Central Committee, 

Department Heads of the Central 

Committee, employees of the Central 

Committee, and secretaries and first 

secretaries of the provincial Party 

central committees. 

■ 4. Add § 515.339 to read as follows: 

§ 515.339 Close relative. 

(a) For purposes of this part, the term 

close relative used with respect to any 

person means any individual related to 

that person by blood, marriage, or 


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adoption who is no more than three 

generations removed from that person or 

from a common ancestor with that 

person. 

(b) Example: Your mother’s first 

cousin is your close relative for 

purposes of this part, because you are 

both no more than three generations 

removed from your great-grandparents, 

who are the ancestors you have in 

common. Similarly, your husband’s 

great-grandson is your close relative for 

purposes of this part, because he is no 

more than three generations removed 

from your husband. Your daughter’s 

father-in-law is not your close relative 

for purposes of this part, because you 

have no common ancestor. 

Subpart D—Interpretations 

§ 515.411 [Removed and reserved] 

■ 5. Remove and reserve § 515.411. 

§ 515.418 [Removed and reserved] 

■ 6. Remove and reserve § 515.418. 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

■ 7. Amend § 515.505 by italicizing the 

first sentence of paragraph (a) and by 

revising the section heading, paragraphs 

(b), (c), and (e)(2), and the notes to 

paragraphs (a) and (b) to read as follows: 

§ 515.505 Certain Cuban nationals 

unblocked; transactions of certain other 

Cuban nationals lawfully present in the 

United States. 

(a) * * * 

Note to paragraph (a): An individual 

unblocked pursuant to this paragraph does 

not become blocked again merely by leaving 

the United States. An individual unblocked 

national remains unblocked unless and until 

the individual thereafter becomes domiciled 

in or a permanent resident of Cuba, meets 

any of the criteria in § 515.302(a)(2) through 

(5), or is a ‘‘specially designated national’’ of 

Cuba, as that term is defined in § 515.306 of 

this part. 

(b) Specific licenses unblocking 

certain individuals who have taken up 

permanent residence outside of Cuba. 

Individual nationals of Cuba who have 

taken up permanent residence outside 

of Cuba may apply to the Office of 

Foreign Assets Control to be specifically 

licensed as unblocked nationals. 

Applications for specific licenses under 

this paragraph should include copies of 

at least two documents issued by the 

government authorities of the new 

country of permanent residence, such as 

a passport, voter registration card, 

permanent resident alien card, or 

national identity card. In cases where 

two of such documents are not 

available, other information will be 

considered, such as evidence that the 

individual has been resident for the past 

two years without interruption in a 

single country outside of Cuba or 

evidence that the individual does not 

intend to, or would not be welcome to, 

return to Cuba. 

Note to paragraph (b): An individual 

unblocked pursuant to this paragraph 

remains unblocked unless and until the 

individual thereafter becomes domiciled in 

or a permanent resident of Cuba, meets any 

of the criteria in § 515.302(a)(2) through (5), 

or is a ‘‘specially designated national’’ of 

Cuba, as that term is defined in § 515.306 of 

this part. 

(c) General license authorizing certain 

transactions of individuals who are 

lawfully present in the United States in 

a non-visitor status. An individual 

national of Cuba who is lawfully present 

in the United States in a non-visitor 

status is authorized to engage in all 

transactions available to an unblocked 

national, as that term is defined in 

§ 515.307 of this part, except that all 

property in which the individual has an 

interest that was blocked pursuant to 

this part prior to the date on which the 

individual became lawfully present in 

the United States in a non-visitor status 

shall remain blocked. Such an 

individual is further authorized to 

withdraw a total amount not to exceed 

$250 in any one calendar month from 

any blocked accounts held in the 

individual’s name. For the purposes of 

this section, the term ‘‘non-visitor 

status’’ does not apply to an individual 

who is present in the United States on 

a non-immigrant visa valid only for a 

specified period of time. 

* * * * * 

(e) * * * 

(2) Example 2: A national of Cuba 

with a blocked U.S. bank account 

arrives in the United States without a 

valid visa but is allowed by the U.S. 

Government to remain in the United 

States in a non-visitor status. One year 

later, he applies for and receives 

permanent resident alien status. From 

the date he was permitted to remain in 

the United States in a non-visitor status 

until the date he applies for permanent 

resident alien status, he qualifies for the 

general license contained in paragraph 

(c) of this section. During this time he 

can engage in all transactions as if he is 

an unblocked national, with the 

exception that he cannot gain access to 

his blocked bank account other than to 

withdraw $250 each month. Beginning 

at the point in time when he applies for 

permanent resident alien status, he is 

licensed as an unblocked national 

pursuant to paragraph (a) of this section. 

At this time, he can apply to OFAC for 

a specific license to have his blocked 

bank account unblocked. 

* * * * * 

■ 8. Amend § 515.533 by revising the 

section heading, paragraph (a) 

introductory text, and the note to 

paragraph (b), by redesignating existing 

paragraph (e) as paragraph (g) and 

revising newly designated paragraph (g), 

and by adding new paragraphs (e) and 

(f) to read as follows: 

§ 515.533 Transactions incident to 

exportations from the United States and 

reexportations of 100% U.S.-origin items to 

Cuba; negotiation of executory contracts. 

(a) All transactions ordinarily 

incident to the exportation of items from 

the United States, or the reexportation 

of 100% U.S.-origin items from a third 

country, to any person within Cuba are 

authorized, provided that: 

* * * * * 

Note to paragraph (b): This paragraph does 

not authorize transactions related to travel to, 

from, or within Cuba. See paragraphs (e) and 

(f) for general licenses, and paragraph (g) for 

a statement of specific licensing policy, with 

respect to such transactions. 

* * * * * 

(e) General license for travel-related 

transactions incident to sales of 

agricultural commodities, medicine, or 

medical devices. The travel-related 

transactions set forth in § 515.560(c) and 

additional transactions that are directly 

incident to the commercial marketing, 

sales negotiation, accompanied delivery, 

or servicing in Cuba of agricultural 

commodities, medicine, or medical 

devices that appear consistent with the 

export or re-export licensing policy of 

the Department of Commerce are 

authorized, provided that: 

(1) The traveler is regularly employed 

by a producer or distributor of the 

agricultural commodities, medicine, or 

medical devices or by an entity duly 

appointed to represent such a producer 

or distributor; 

(2) The traveler’s schedule of 

activities does not include free time, 

travel, or recreation in excess of that 

consistent with a full work schedule; 

and 

(3) The traveler submits to OFAC at 

least 14 days in advance of each 

departure to Cuba a written report 

identifying both the traveler and the 

producer or distributor and describing 

the purpose and scope of such travel. 

Within 14 days of return from Cuba, the 

traveler shall submit a written report 

describing the business activities 

conducted, the persons with whom the 

traveler met in the course of such 

activities, and the expenses incurred. 

Such reports must be captioned 


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‘‘Section 515.533(e) Report’’ and faxed 

to 202/622–1657 or mailed to the Office 

of Foreign Assets Control, Attn: 

Licensing Division, 1500 Pennsylvania 

Avenue, NW., Annex–2nd Floor, 

Washington, DC 20220. If more than one 

traveler is traveling on the same trip for 

or on behalf of the same producer or 

distributor, one combined pre-trip and 

one combined post-trip report may be 

filed covering all such travelers. 

(f) General license for travel-related 

transactions incident to sales of 

telecommunications-related items. The 

travel-related transactions set forth in 

§ 515.560(c) and additional transactions 

that are directly incident to the 

commercial marketing, sales 

negotiation, accompanied delivery, or 

servicing in Cuba of 

telecommunications-related items that 

have been authorized for commercial 

export or re-export to Cuba by the 

Department of Commerce are 

authorized, provided that: 

(1) The traveler is regularly employed 

by a telecommunications services 

provider that is a person subject to U.S. 

jurisdiction or by an entity duly 

appointed to represent such a provider; 

(2) The traveler’s schedule of 

activities does not include free time, 

travel, or recreation in excess of that 

consistent with a full work schedule; 

and 

(3) The traveler submits to OFAC at 

least 14 days in advance of each 

departure to Cuba a written report 

identifying both the traveler and the 

telecommunications services provider 

that is a person subject to U.S. 

jurisdiction and describing the purpose 

and scope of such travel. Within 14 days 

of return from Cuba, the traveler shall 

submit a written report describing the 

business activities conducted, the 

persons with whom the traveler met in 

the course of such activities, and the 

expenses incurred. Such reports must be 

captioned ‘‘Section 515.533(f) Report’’ 

and faxed to 202/622–1657 or mailed to 

the Office of Foreign Assets Control, 

Attn: Licensing Division, 1500 

Pennsylvania Avenue, NW., Annex–2nd 

Floor, Washington, DC 20220. If more 

than one traveler is traveling on the 

same trip for or on behalf of the same 

telecommunications services provider 

that is a person subject to U.S. 

jurisdiction, one combined pre-trip and 

one combined post-trip report may be 

filed covering all such travelers. 

(g) Specific licenses for travel-related 

transactions incident to exports. 

Specific licenses may be issued on a 

case-by-case basis authorizing the 

travel-related transactions set forth in 

§ 515.560(c) and additional transactions 

that are directly incident to the 

marketing, sales negotiation, 

accompanied delivery, or servicing in 

Cuba of exports that appear consistent 

with the export or re-export licensing 

policy of the Department of Commerce 

and are not authorized by the general 

licenses in paragraphs (e) and (f) of this 

section. 

■ 9. Revise § 515.542 to read as follows: 

§ 515.542 Mail and telecommunicationsrelated transactions. 

(a) All transactions of common 

carriers incident to the receipt or 

transmission of mail between the United 

States and Cuba are authorized. 

(b) All transactions, including but not 

limited to payments, incident to the 

provision of telecommunications 

services between the United States and 

Cuba, the provision of satellite radio or 

satellite television services to Cuba, or 

the entry into and performance under 

roaming service agreements with 

telecommunications services providers 

in Cuba, by a telecommunications 

services provider that is a person subject 

to U.S. jurisdiction are authorized. This 

paragraph does not authorize any 

transactions addressed in paragraphs 

(c), (d), (f) or (g) 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 non-Cuban telecommunications 

services 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, but is not limited 

to, payment for activation, installation, 

usage (monthly, pre-paid, intermittent, 

or other), roaming, maintenance, and 

termination fees. 

(d)(1) General license for 

telecommunications facilities linking 

the United States and Cuba. 

Transactions incident to the 

establishment of facilities to provide 

telecommunications services linking the 

United States and Cuba, including but 

not limited to fiber-optic cable and 

satellite facilities, are authorized. 

(2) Specific licenses for 

telecommunications facilities linking 

third countries and Cuba. Specific 

licenses may be issued on a case-by-case 

basis authorizing transactions incident 

to the establishment of facilities to 

provide telecommunications services 

linking third countries and Cuba, 

including but not limited to fiber-optic 

cable and satellite facilities, provided 

that such facilities are necessary to 

provide efficient and adequate 

telecommunications services between 

the United States and Cuba. 

(e) Any entity subject to U.S. 

jurisdiction relying on paragraph (b), (c), 

(d)(1), or (d)(2) 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: Policy Division, 1500 

Pennsylvania Avenue, NW., Annex–4th 

Floor, Washington, DC 20220. 

(f) For the purposes of this section, 

the term telecommunications services 

includes but is not limited to telephone, 

telegraph, and similar services and the 

transmission of satellite radio and 

satellite television broadcasts and news 

wire feeds. 

(g) Nothing in this section authorizes 

the exportation or re-exportation of any 

items to Cuba. For the rules related to 

authorization of exports and re-exports 

to Cuba, see §§ 515.533 and 515.559 of 

this part. 

(h) For an authorization of travelrelated transactions that are directly 

incident to the commercial marketing, 

sales negotiation, accompanied delivery, 

or servicing in Cuba of 

telecommunications-related items that 

have been authorized for commercial 

export to Cuba by the U.S. Department 

of Commerce, see § 515.533(f) of this 

part. For an authorization of travelrelated transactions that are directly 

incident to participation in professional 

meetings for the commercial marketing 

of, sales negotiation for, or performance 

under contracts for the provision of the 

telecommunications services, or the 

establishment of facilities to provide 

telecommunications services, 

authorized by paragraphs (b), (c), or 

(d)(1) of this section, see paragraph 

(a)(3) of section 515.564 of this part. 

Nothing in this § 515.542 authorizes 

transactions related to travel to, from, or 

within Cuba. 


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46006 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Rules and Regulations 

§ 515.545 [Amended] 

■ 10. Amend § 515.545 by removing 

paragraph (a) and by redesignating 

paragraphs (b) and (c) as paragraphs (a) 

and (b), respectively. 

■ 11. Amend § 515.560 by removing 

paragraph (f); by redesignating 

paragraph (g) as paragraph (f); and by 

revising paragraphs (a)(1), (a)(4), (a)(12), 

(c)(1), (c)(2), (c)(4)(i), and (d) to read as 

follows: 

§ 515.560 Travel-related transactions to, 

from, and within Cuba by persons subject 

to U.S. jurisdiction. 

(a) * * * 

(1) Family visits (general and specific 

licenses) (see § 515.561); 

* * * * * 

(4) Professional research and 

professional meetings (general and 

specific licenses) (see § 515.564); 

* * * * * 

(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 (general and 

specific licenses) (see §§ 515.533 and 

515.559). 

* * * * * 

(c) * * * 

(1) Transportation to and from Cuba. 

All transportation-related transactions 

ordinarily incident to travel to and from 

(not within) Cuba are authorized. 

(2) Living expenses in Cuba. All 

transactions ordinarily incident to travel 

anywhere within Cuba, including 

payment of living expenses and the 

acquisition in Cuba of goods for 

personal consumption there, are 

authorized, provided that, unless 

otherwise authorized, the total for such 

expenses does not exceed the 

‘‘maximum per diem rate’’ for Havana, 

Cuba, in effect during the period that 

the travel takes place. The maximum 

per diem rate is published in the 

Department of State’s ‘‘Maximum Travel 

per Diem Allowances for Foreign 

Areas,’’ a supplement to section 925, 

Department of State Standardized 

Regulations (Government Civilians, 

Foreign Areas), which is available from 

the Government Printing Office, 

Superintendent of Documents, P.O. Box 

371945, Pittsburgh, PA 1520–7954, and 

on the Department of State’s Office of 

Allowances Web site (http:// 

aoprals.state.gov). 

* * * * * 

(4) * * * 

(i) The total of all family remittances 

authorized by § 515.570(a) does not 

exceed $3,000, and 

* * * * * 

(d) A blocked Cuban national 

permanently resident outside the United 

States who is departing the United 

States may carry currency, as that term 

is defined in paragraph (c)(5) of this 

section, as follows: 

(1) The amount of any currency 

brought into the United States by the 

Cuban national and registered with U.S. 

Customs and Border Protection upon 

entry; 

(2) Up to $3,000 in funds received as 

remittances by the Cuban national 

during his or her stay in the United 

States; and 

* * * * * 

■ 12. Revise § 515.561 to read as 

follows: 

§ 515.561 Persons visiting close relatives 

in Cuba. 

(a) General license. (1) 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 additional 

transactions directly incident to visiting 

a close relative, as defined in § 515.339 

of this part, who is a national of Cuba, 

as defined in § 515.302 of this part. 

(2) 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 travelrelated transactions set forth in 

§ 515.560(c) and additional transactions 

directly incident to visiting a close 

relative, as defined in § 515.339 of this 

part, who is a U.S. Government 

employee assigned to the U.S. Interests 

Section in Havana. 

(b) Specific licenses. Specific licenses 

may be issued on a case-by-case basis 

authorizing persons subject to the 

jurisdiction of the United States and 

persons traveling with them who share 

a common dwelling as a family with 

them to engage in the travel-related 

transactions set forth in § 515.560(c) and 

additional transactions directly incident 

to visiting a close relative, as defined in 

§ 515.339 of this part, who is neither a 

national of Cuba, as defined in § 515.302 

of this part, nor a U.S. Government 

employee assigned to the U.S. Interests 

Section in Havana. 

■ 13. Amend § 515.564 by adding 

headings to paragraphs (a)(1) and (a)(2), 

and by adding new paragraph (a)(3) to 

read as follows: 

§ 515.564 Professional research and 

professional meetings in Cuba. 

(a) * * * (1) Professional research. 

* * * 

(2) Professional meetings organized by 

an international professional 

organization. * * * 

(3) Professional meetings for 

commercial telecommunications 

transactions. The travel-related 

transactions set forth in § 515.560(c) and 

additional transactions directly incident 

to participation in professional meetings 

for the commercial marketing of, sales 

negotiation for, or performance under 

contracts for the provision of the 

telecommunications services, or the 

establishment of facilities to provide 

telecommunications services, 

authorized by paragraphs (b), (c), or 

(d)(1) of § 515.542 of this part by a 

telecommunications services provider 

that is a person subject to U.S. 

jurisdiction are authorized, provided 

that: 

(i) The traveler is regularly employed 

by a telecommunications services 

provider that is a person subject to U.S. 

jurisdiction or by an entity duly 

appointed to represent such a provider; 

and 

(ii) The traveler’s schedule of 

activities does not include free time, 

travel, or recreation in excess of that 

consistent with a full work schedule. 

* * * * * 

■ 14. Revise § 515.570 to read as 

follows: 

§ 515.570 Remittances to Nationals of 

Cuba. 

(a) Family remittances authorized. 

Persons subject to the jurisdiction of the 

United States who are 18 years of age or 

older are authorized to make 

remittances to nationals of Cuba who 

are close relatives, as defined in 

§ 515.339 of this part, of the remitter, 

provided that: 

(1) The remittances are not made from 

a blocked source. Certain remittances 

from blocked accounts are authorized 

pursuant to paragraph (c) of this section; 

(2) The recipient is not a prohibited 

official of the Government of Cuba, as 

defined in § 515.337 of this part, or a 

prohibited member of the Cuban 

Communist Party, as defined in 

§ 515.338 of this part; and 

(3) The remittances are not made for 

emigration-related purposes. 

Remittances for emigration-related 

purposes are addressed by paragraph (b) 

of this section. 

(b) Two one-time $1,000 emigrationrelated remittances authorized. Persons 

subject to the jurisdiction of the United 

States are authorized to remit the 

following amounts: 

(1) Up to $1,000 per payee on a onetime basis to Cuban nationals for the 

purpose of covering the payees’ 


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preliminary expenses associated with 

emigrating from Cuba to the United 

States. These remittances may be sent 

before the payees have received valid 

visas issued by the State Department or 

other approved U.S. immigration 

documents, but may not be carried by a 

licensed traveler to Cuba until the 

payees have received valid visas issued 

by the State Department or other 

approved U.S. immigration documents. 

See § 515.560(c)(4) of this part for the 

rules regarding the carrying of 

authorized remittances to Cuba. These 

remittances may not be made from a 

blocked source unless authorized 

pursuant to paragraph (c) of this section. 

(2) Up to an additional $1,000 per 

payee on a one-time basis to Cuban 

nationals for the purpose of enabling the 

payees to emigrate from Cuba to the 

United States, including for the 

purchase of airline tickets and payment 

of exit or third-country visa fees or other 

travel-related fees. These remittances 

may be sent only once the payees have 

received valid visas issued by the State 

Department or other approved U.S. 

immigration documents. A remitter 

must be able to provide the visa 

recipients’ full names, dates of birth, 

visa numbers, and visa dates of 

issuance. See § 515.560(c)(4) of this part 

for the rules regarding the carrying of 

authorized remittances to Cuba. These 

remittances may not be made from a 

blocked source unless authorized 

pursuant to paragraph (c) of this section. 

(c) Provided the recipient is not a 

prohibited official of the Government of 

Cuba, as defined in § 515.337 of this 

part, or a prohibited member of the 

Cuban Communist Party, as defined in 

§ 515.338 of this part, certain 

remittances from blocked sources are 

authorized as follows: 

(1) Funds deposited in a blocked 

account in a banking institution in the 

United States held in the name of, or in 

which the beneficial interest is held by, 

a national of Cuba as a result of a valid 

testamentary disposition, intestate 

succession, or payment from a life 

insurance policy or annuity contract 

triggered by the death of the policy or 

contract holder may be remitted: 

(i) To that national of Cuba, provided 

that s/he is a close relative, as defined 

in § 515.339 of this part, of the 

decedent; 

(ii) To that national of Cuba as 

emigration-related remittances in the 

amounts and consistent with the criteria 

set forth in paragraph (b) of this section. 

(2) Up to $300 in any consecutive 

three-month period may be remitted 

from any blocked account in a banking 

institution in the United States to a 

Cuban national in a third country who 

is an individual in whose name, or for 

whose beneficial interest, the account is 

held. 

(d) 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, including but not 

limited to non-governmental 

organizations and individuals, to 

independent non-governmental entities 

in Cuba, including but not limited to 

pro-democracy groups, civil society 

groups, and religious organizations, and 

to members of such groups or 

organizations; 

(2) Remittances from a blocked 

account to a Cuban national in excess of 

the amount specified in paragraph (c)(2) 

of this section; or 

(3) Remittances by persons subject to 

U.S. jurisdiction to a person in Cuba, 

directly or indirectly, for transactions to 

facilitate non-immigrant travel by an 

individual in Cuba to the United States 

under circumstances where 

humanitarian need is demonstrated, 

including but not limited to illness or 

other medical emergency. 

Note to § 515.570: For the rules relating to 

the carrying of remittances to Cuba, see 

§ 515.560(c)(4) of this part. Persons subject to 

U.S. jurisdiction are prohibited from 

engaging in the collection or forwarding of 

remittances to Cuba unless authorized 

pursuant to § 515.572. For a list of authorized 

U.S. remittance service providers other than 

depository institutions, see Authorized 

Providers of Air, Travel and Remittance 

Forwarding Services to Cuba available from 

OFAC’s Web site (www.treas.gov/ofac). 

■ 15. Amend § 515.572 by revising 

paragraph (a)(3) and adding a note to 

paragraph (a)(3) to read as follows: 

§ 515.572 Authorization of transactions 

incident to the provision of travel services, 

carrier services, and remittance forwarding 

services. 

(a) * * * 

(3) Authorization of remittance 

forwarders. Persons subject to U.S. 

jurisdiction, including persons that 

provide payment forwarding services 

and noncommercial organizations acting 

on behalf of donors, that wish to 

provide services in connection with the 

collection or forwarding of remittances 

authorized pursuant to this part must 

obtain specific authorization from 

OFAC. Depository institutions, as 

defined in § 515.333, are hereby 

authorized to provide these services 

without obtaining specific authorization 

from OFAC. However, all licensed 

remittance forwarders, including 

depository institutions, that forward 

remittances authorized pursuant to this 

part are required to collect from persons 

who use their services information 

showing compliance with the relevant 

remittance provisions of this part. 

Depository institutions are permitted to 

set up testing arrangements and 

exchange authenticator keys with Cuban 

financial institutions to forward 

remittances authorized by or pursuant 

to § 515.570, but may not open or use 

direct correspondent accounts of their 

own with Cuban financial institutions. 

Note to paragraph (a)(3): A suggested form 

for the collection of information showing 

compliance with the remittance provisions in 

§ 515.570 is available from OFAC’s Web site 

(www.treas.gov/ofac). 

* * * * * 

Dated: September 1, 2009. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

Approved: September 1, 2009. 

Stuart A. Levey, 

Under Secretary, Office of Terrorism and 

Financial Intelligence, Department of the 

Treasury. 

[FR Doc. E9–21440 Filed 9–3–09; 4:15 pm] 

BILLING CODE 4811–45–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2008–0047] 

RIN 1625–AA01 

Anchorage Regulations; Port of New 

York and Vicinity 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

the existing special anchorage area at 

Perth Amboy, New Jersey, at the 

junction of the Raritan River and Arthur 

Kill. This action is necessary to facilitate 

safe navigation and provide for a safe 

and secure anchorage for vessels of not 

more than 20 meters in length. This 

action is intended to increase the safety 

of life and property on the Raritan River 

and Arthur Kill, improve the safety of 

anchored vessels, and provide for the 

overall safe and efficient flow of vessel 

traffic and commerce. 

DATES: This rule is effective October 8, 

2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–0047 and are 

available online by going to http:// 


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