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[Federal Register Volume 62, Number 41 (Monday, March 3, 1997)]
[Rules and Regulations]
[Pages 9364-9365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5169]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 746

[Docket No. 961015286-6286-01]
RIN 0694-AB43

Exports to Cuba; Support for the Cuban People

AGENCY: Bureau of Export Administration.

ACTION: Final rule.

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SUMMARY: On October 6, 1995, President Clinton announced several 
changes to the administration of the Cuban embargo intended to promote 
democratic change in Cuba. Accordingly, this final rule amends the 
Export Administration Regulations by introducing a licensing review 
policy for the approval, on a case-by-case basis, of certain exports to 
human rights organizations, news bureaus, and individuals and non-
governmental organizations engaged in activities that promote 
democratic activity in Cuba.

EFFECTIVE DATE: March 3, 1997.

FOR FURTHER INFORMATION CONTACT: Bruce Cromack, Office of Strategic 
Trade and Foreign Policy Controls, Bureau of Export Administration, 
Telephone: (202) 482-5537.

SUPPLEMENTARY INFORMATION:

Background

    On October 6, 1995 the President announced new measures designed to 
improve enforcement of the U.S. embargo against Cuba and to increase 
support for the Cuban people. The measures would permit U.S. persons to 
engage in new categories of transactions with eligible Cuban entities, 
providing increased support for the Cuban people by facilitating 
communications, and supporting human rights and democratic activities. 
This rule is consistent with the Cuban Democracy Act of 1992 and the 
Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996.
    Although the Export Administration Act (EAA) expired on August 20, 
1994, the President invoked the International Emergency Economic Powers 
Act and continued in effect, to the extent permitted by law, the 
provisions of the EAA and the EAR in Executive Order 12924 of August 
19, 1994, as extended by the President's notice of August 15, 1995 (60 
FR 42767) and notice of August 14, 1996 (61 FR 42527).

Rulemaking Requirements

    1. This final rule has been determined to be significant for 
purposes of E.O. 12866.
    2. This rule involves collections of information subject to the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These 
collections have been approved by the Office of Management and Budget 
under control numbers 0694-0021 and 0694-0088. Notwithstanding any 
other provision of law, no person is required to respond to nor shall a 
person be subject to a penalty for failure to comply with a collection 
of information subject to the requirements of the Paperwork Reduction 
Act unless that collection of information displays a currently valid 
OMB Control Number.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military and foreign affairs 
function of the United States (5 U.S.C. 553(a)(1)). Further, no other 
law requires that a notice of proposed rulemaking and an opportunity 
for public comment be given for this final rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under 5 U.S.C. 553 or by any other 
law, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) are not applicable.
    Therefore, this regulation is issued in final form. Although there 
is no formal comment period, public comments on this regulation are 
welcome on a continuing basis. Submit comments to Hillary Hess, Office 
of Exporter Services, Regulatory Policy Division, Bureau of Export 
Administration, Department of Commerce, P.O. Box 273, Washington, DC 
20044.

List of Subjects in 15 CFR Part 746

    Embargoes, Exports, Foreign trade, Reporting and recordkeeping 
requirements.

    Accordingly, part 746 of the Export Administration Regulations (15 
CFR Parts 730-774) is amended as follows:

PART 746--[AMENDED]

    1. The authority citation for 15 CFR part 746 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 287c; 22 U.S.C. 6004; E.O. 12918, 59 FR 28205, 3 CFR, 1994 
Comp., p. 899; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; 
Notice of August 15, 1995 (60 FR 42767, August 17, 1995); and Notice 
of August 14, 1996 (61 FR 42527).

    2. Section 746.2 is amended by adding paragraph (b)(4) to read as 
follows:

Sec. 746.2  Cuba.

* * * * *
    (b) * * *
    (4) Applications for licenses may be approved, on a case-by-case 
basis, for certain exports to Cuba intended to provide support for the 
Cuban people, as follows:
    (i) Applications for licenses for exports of certain commodities 
and software may be approved to human rights organizations, or to 
individuals and non-governmental organizations that promote independent 
activity intended to strengthen civil society in Cuba when such exports 
do not give rise to U.S. national security or counter-terrorism 
concerns. Examples of such commodities include fax machines, copiers, 
computers (e.g., 486-level/CTP of 24.8 MTOPS or less), business/office 
software, document scanning equipment, printers, typewriters, and other 
office or office communications

[[Page 9365]]

equipment. Applicants may donate or sell the commodities or software to 
be exported. Reexport to other end-users or end-uses is not authorized.
    (ii) Commodities and software may be approved for export to U.S. 
news bureaus in Cuba whose primary purpose is the gathering and 
dissemination of news to the general public. In addition to the 
examples of commodities and software listed in paragraph (b)(4)(i) of 
this section, certain telecommunications equipment necessary for the 
operation of news organizations (e.g., 33M bit/s data signaling rate or 
less) may be approved for export to U.S. news bureaus.
* * * * *
    Dated: February 26, 1997.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 97-5169 Filed 2-28-97; 8:45 am]
BILLING CODE 3510-33-P
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