[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Rules and Regulations]
[Pages 35088-35091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12445]


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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.

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SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (OFAC) is amending the Cuban Assets Control Regulations to 
implement elements of the policy announced by the Administration on May 
16, 2022 to increase support for the Cuban people. This rule authorizes 
group people-to-people educational travel to Cuba and removes certain 
restrictions on authorized academic educational activities, authorizes 
travel to attend or organize professional meetings or conferences in 
Cuba, removes the $1,000 quarterly limit on family remittances, and 
authorizes donative remittances to Cuba. These amendments also add or 
update several cross references.

DATES: This rule is June 9, 2022.

FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for 
Licensing, 202-622-2480; Assistant Director for Regulatory Affairs, 
202-622-4855; or Assistant Director for Sanctions Compliance & 
Evaluation, 202-622-2490.

SUPPLEMENTARY INFORMATION:

Electronic Availability

    This document and additional information concerning OFAC are 
available on OFAC's website: www.treas.gov/ofac.

Background

    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. 4301-44). OFAC has 
amended the Regulations on numerous occasions. Today, OFAC, in 
consultation with the Department of State, is amending the Regulations 
to implement certain policy changes announced by the Administration on 
May 16, 2022 to increase support for the Cuban people, as set forth 
below.
    Professional meetings and conferences in Cuba. OFAC is amending the 
general license at Sec.  515.564 to include an authorization for 
travel-related and other transactions incident to travel to Cuba to 
attend or organize professional meetings or conferences in Cuba. OFAC 
is also amending and adding cross-references to Sec.  515.564(a) in 
notes to Sec. Sec.  515.534, 515.542, 515.547, 515.572, 515.577, and 
515.591.
    Group people-to-people educational travel and other academic 
educational activities. OFAC is amending the general license at Sec.  
515.565 to add an authorization for group people-to-people educational 
travel that takes place under the auspices of an organization that is 
subject to U.S. jurisdiction and that sponsors such exchanges to 
promote people-to-people contact, subject to certain restrictions. Such 
travelers must be accompanied by an employee, paid consultant, or agent 
of the sponsoring organization. Travel-related transactions authorized 
pursuant to Sec.  515.565(b) must be for the purpose of engaging, while 
in Cuba, in a full-time schedule of activities that are intended to 
enhance contact with the Cuban people, support civil society in Cuba, 
or promote the Cuban people's independence from Cuban authorities; and 
will result in meaningful interactions with individuals in Cuba. OFAC 
is also amending the general license at Sec.  515.565 to remove certain 
restrictions on authorized academic educational activities. This 
amendment does not authorize individual people-to-people travel-related 
transactions.

[[Page 35089]]

OFAC is not authorizing travel-related transactions for travel to, 
from, or within Cuba for tourist activities, which are prohibited by 
statute.
    Remittances. OFAC is amending Sec.  515.570(a) to remove the $1,000 
quarterly limit on remittances to Cuban nationals who are close 
relatives. OFAC is also adding Sec.  515.570(b) to authorize donative 
remittances to Cuban nationals who are not prohibited officials of the 
Government of Cuba, prohibited members of the Cuban Communist Party, or 
close relatives of a prohibited official of the Government of Cuba or 
prohibited member of the Cuban Communist Party. OFAC is also adding 
Sec.  515.570(h) authorizing the unblocking and return of blocked 
remittances, provided they would be authorized under Sec.  515.570(a) 
or (b).

Public Participation

    Because the Regulations involve a foreign affairs function, the 
provisions of Executive Order 12866 of September 30, 1993, ``Regulatory 
Planning and Review'' (58 FR 51735, October 4, 1993), and 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'') and Sec.  515.572 of this part. 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, 1505-0167, and 1505-0168. 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, Credit, Foreign trade, Penalties, Professional meetings, 
Remittances, Reporting and recordkeeping requirements, Sanctions, 
Securities, Services, Travel restrictions.

    For the reasons set forth in the preamble, OFAC amends 31 CFR part 
515 as follows:

PART 515--CUBAN ASSETS CONTROL REGULATIONS

0
1. The authority citation for part 515 continues to read as follows:

    Authority:  22 U.S.C. 2370(a), 6001-6010, 7201-7211; 31 U.S.C. 
321(b); 50 U.S.C. 4301-4341; Pub. L. 101-410, 104 Stat. 890 (28 
U.S.C. 2461 note); 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. 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 E--Licenses, Authorizations, and Statements of Licensing 
Policy


Sec.  515.534   [Amended]

0
2. In note to Sec.  515.534, after ``certain items to Cuba'' add ``, 
and Sec.  515.564(a)(2) for a general license authorizing travel-
related and other transactions incident to attending or organizing 
professional meetings in Cuba, which include professional meetings 
relating to the negotiation of contingent contracts authorized by this 
section''.

0
3. Amend note 1 to Sec.  515.542 by adding a sentence to the end to 
read as follows:


Sec.  515.542   Mail and telecommunications-related transactions.

* * * * *
    Note 1 to Sec.  515.541: * * * For an authorization of travel-
related transactions that are directly incident to participation in 
professional meetings, including where such meetings relate to 
telecommunications services or other activities authorized by 
paragraphs (b) through (e) of this section, see Sec.  515.564(a).
* * * * *


Sec.  515.547   [Amended]

0
4. In note 2 to paragraph (a), after ``research'' add ``and 
professional meetings''.


Sec.  515.561   [Amended]

0
5. In Sec.  515.561, in paragraph (a) introductory text, remove ``Sec.  
515.564(a)'' and add in its place ``Sec.  515.564(a)(1)'' and remove 
``Sec.  515.565(a)(1)(i) through (iv) and (vi)'' and add in its place 
``Sec.  515.564(a)(1) through (4) and (6)''.

0
6. Amend Sec.  515.564 as follows:
0
a. Redesignate paragraph (a) introductory text as paragraph (a)(1) and 
add a subject heading to newly designated paragraph (a)(1);
0
b. Redesignate existing paragraph (a)(1) and paragraph (a)(2) as 
paragraphs (a)(1)(i) and (ii), respectively;
0
c. In the heading for the example to Sec.  515.564(a), remove ``Sec.  
515.564(a)'' and add in its place ``paragraph (a)(1)'';
0
d. Redesignate note 1 to paragraph (a) as note 1 to paragraph (a)(1);
0
e. Redesignate note 2 to paragraph (a) as note 3 to paragraph (a);
0
f. Add new paragraph (a)(2);
0
g. In the heading for the example to Sec.  515.564(b), remove ``Sec.  
515.564(b)'' and add in its place ``paragraph (b)''; and
0
h. In paragraph (e):
0
i. Remove ``either:'';
0
ii. Add ``or professional meetings'' after ``professional research'';
0
iii. Remove ``does'' and add in its place ``do''; and
0
iv. Remove ``, or professional meetings or conferences in Cuba that are 
not otherwise authorized pursuant to other travel-related 
authorizations and relate to activities otherwise authorized pursuant 
to this part'' and add a period in its place.
    The additions reads as follows:


Sec.  515.564   Professional research and professional meetings in 
Cuba.

    (a) * * *
    (1) Professional research. * * *
    (2) Professional meetings. The travel-related transactions set 
forth in Sec.  515.560(c) and such additional transactions as are 
directly incident to attendance at, or organization of, professional 
meetings or conferences in Cuba are authorized, provided that:
    (i) For a traveler attending a professional meeting or conference, 
the purpose of the meeting or conference directly relates to the 
traveler's profession, professional background, or area of expertise, 
including area of graduate-level full-time study;
    (ii) For a traveler organizing a professional meeting or conference 
on behalf of an entity, either the traveler's profession must be 
related to the organization of professional meetings or conferences or 
the traveler must be an employee or contractor of an entity that is 
organizing the professional meeting or conference; 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 attendance at, or organization of, professional meetings or 
conferences.
    Note 2 to paragraph (a)(2). Transactions incident to the 
organization of professional meetings or conferences include marketing 
related to such meetings or conferences in Cuba.
* * * * *

0
7. Amend Sec.  515.565 as follows:
0
a. Revise paragraphs (a) and (b).
0
b. Remove paragraphs (d) and (e).

[[Page 35090]]

0
c. Redesignate paragraphs (f), (g), and (h) as paragraphs (d), (e), and 
(f), respectively.
0
d. In newly designated paragraph (d), remove ``(a), (b), (d), or (e)'' 
and add in its place ``(a) or (b)''.
0
e. In newly designated paragraph (f), remove ``general license under 
paragraph (a)'' and add in its place ``general licenses under paragraph 
(a) or (b)''.
    The revisions read as follows:


Sec.  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 Sec.  515.560(c), that are related 
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 
degree-granting 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 of a Cuban scholar to teach or engage in other 
scholarly activity at the sponsoring U.S. academic institution (in 
addition to those transactions authorized by the general license 
contained in Sec.  515.571).
    Note 1 to paragraph (a)(5). See Sec.  515.571(a) for authorizations 
related to certain banking transactions and receipt of salary or other 
compensation by Cuban nationals present in the United States in a non-
immigrant status or pursuant to other non-immigrant travel 
authorization issued by the U.S. government.
    (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, symposia, 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) Establishment of academic exchanges and joint non-commercial 
academic research projects with universities or academic institutions 
in Cuba;
    (9) Provision of standardized testing services, including 
professional certificate examinations, university entrance 
examinations, and language examinations, and related preparatory 
services for such exams, to Cuban nationals, wherever located;
    (10) Provision of internet-based courses, including distance 
learning and Massive Open Online Courses, to Cuban nationals, wherever 
located, provided that the course content is at the undergraduate level 
or below;
    (11) The organization of, and preparation for, activities described 
in paragraphs (a)(1) through (10) of this section by employees or 
contractors of the sponsoring organization that is a person subject to 
U.S. jurisdiction; or
    (12) 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; and
    (ii) The organization facilitates educational activities that meet 
the requirements of one or more of the general licenses set forth in 
paragraphs (a)(1) through (3) and (6) of this section.
    Note 2 to paragraph (a). See Sec.  515.560(c)(6) for an 
authorization for individuals to open and maintain accounts at Cuban 
financial institutions; see Sec.  515.573 for an authorization for 
entities conducting educational activities authorized by this paragraph 
(a) to establish a physical presence in Cuba, including an 
authorization to open and maintain accounts at Cuban financial 
institutions.
    Note 3 to paragraph (a). The authorization in this paragraph 
extends to adjunct faculty and part-time staff of U.S. academic 
institutions. A student enrolled in a U.S. academic institution is 
authorized pursuant to paragraph (a)(1) of this section to participate 
in the academic activities in Cuba described above through any 
sponsoring U.S. academic institution.
    Note 4 to paragraph (a). The export or reexport to Cuba of items 
subject to the Export Administration Regulations (15 CFR parts 730 
through 774) may require separate authorization from the Department of 
Commerce.
    Note 5 to paragraph (a). See Sec.  515.590(a) for an authorization 
for the provision of educational grants, scholarships, or awards to a 
Cuban national or in which Cuba or a Cuban national otherwise has an 
interest.
    (b) General license for people-to-people travel. The travel-related 
transactions set forth in Sec.  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 a prohibited official of the 
Government of Cuba, as defined in Sec.  515.337, or a prohibited member 
of the Cuban Communist Party, as defined in Sec.  515.338.
    (6) In addition to all other information required by Sec.  501.601 
of this chapter, entities sponsoring travel pursuant to the 
authorization in this paragraph (b) must retain records sufficient to 
demonstrate that each individual traveler has engaged in a full-time 
schedule of activities that satisfy the requirements of paragraphs 
(b)(1) through (5) of this section. Individuals may rely on the entity 
sponsoring the travel to satisfy their recordkeeping requirements with 
respect to the requirements of paragraphs (b)(1) through (5) of this 
section. These

[[Page 35091]]

records must be furnished to the Office of Foreign Assets Control on 
demand pursuant to Sec.  501.602 of this chapter.
    Example 1 to paragraph (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.
    Example 2 to paragraph (b): An individual plans to travel to Cuba 
to participate in discussions with Cuban artists on community projects, 
exchanges with the founders of a youth arts program, and extended 
dialogue with local city planners and architects to learn about 
historical restoration projects in Old Havana. The individual traveler 
will have a full-time schedule of such educational exchange activities 
that result in meaningful interaction between the traveler and 
individuals in Cuba. The individual's activities do not qualify for the 
general license for people-to-people travel because the individual is 
not traveling 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. The individual's travel may qualify 
for the general license in Sec.  515.574 (Support for the Cuban People) 
provided the individual meets all of its requirements.
    Note 6 to paragraph (b). An organization that sponsors and 
organizes trips to Cuba in which travelers engage in individually 
selected and/or self-directed activities would 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 7 to paragraphs (a) and (b). Except as provided in paragraph 
(b)(6) of this section, each person relying on the general 
authorizations in these paragraphs, including entities sponsoring 
travel pursuant to the authorization in paragraph (b) of this section, 
must retain specific records related to the authorized travel 
transactions. See Sec. Sec.  501.601 and 501.602 of this chapter for 
applicable recordkeeping and reporting requirements.
* * * * *

0
8. Amend Sec.  515.570 as follows:
0
a. Remove paragraph (a)(1);
0
b. Redesignate paragraphs (a)(2) through (4) as paragraphs (a)(1) 
through (3), respectively;
0
c. Add paragraph (b);
0
d. In paragraph (d), remove ``Sec.  515.565(h)'' in both places where 
it appears and add in its place ``Sec.  515.565(f)''; and
0
e. Add paragraph (h).
    The additions read as follows:


Sec.  515.570   Remittances.

    (b) Donative remittances to Cuban nationals authorized. Persons 
subject to the jurisdiction of the United States are authorized to make 
donative remittances to Cuban nationals, provided that:
    (1) The remittances are not made from a blocked source;
    (2) The recipient is not a prohibited official of the Government of 
Cuba, as defined in Sec.  515.337, a prohibited member of the Cuban 
Communist Party, as defined in Sec.  515.338, a close relative, as 
defined in Sec.  515.539, of a prohibited official of the Government of 
Cuba, or a close relative of a prohibited member of the Cuban Communist 
Party;
    (3) The remittances are not made for emigration-related purposes 
(which are addressed by paragraph (e) of this section); and
    (4) The remitter, if an individual, is 18 years of age or older.
* * * * *
    (h) Unblocking of certain previously blocked remittances 
authorized. Banking institutions, as defined in Sec.  515.314, are 
authorized to engage in all transactions necessary to unblock and 
return remittances if they would have qualified as authorized had they 
been sent under current paragraph (a) or (b) of this section, provided 
that persons subject to U.S. jurisdiction unblocking remittances 
originally blocked on or after August 25, 1997 pursuant to this section 
must submit a report to the Department of the Treasury, Office of 
Foreign Assets Control, Attn: Sanctions Compliance & Evaluation 
Division, 1500 Pennsylvania Avenue NW, Freedman's Bank Building, 
Washington, DC 20220 within 10 business days from the date such 
remittances are released. Such reports shall include the following:
    (1) Where available, a copy of the original blocking report filed 
with OFAC pursuant to Sec.  501.603(b)(1) of this chapter;
    (2) The date the unblocked remittance was released;
    (3) The amount of funds unblocked;
    (4) The name of the party to whom the remittance was released; and
    (5) A reference to this section as the legal authority under which 
the remittance was unblocked and returned.
* * * * *

0
9. Amend Sec.  515.572 as follows:
0
a. Redesignate note to paragraph (a)(5) as note 2 to paragraph (a)(5);
0
b. Add note 3 to paragraph (a); and
0
c. Redesignate note to Sec.  515.572 as note 4 to Sec.  515.572.
    The addition reads as follows:


Sec.  515.572   Provision of travel, carrier, other transportation-
related, and remittance forwarding services.

    (a) * * *
    Note 3 to paragraph (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 Sec.  515.560(c) and such 
additional transactions as are directly incident to travel to Cuba for 
professional meetings in Cuba, such as those 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.
* * * * *

0
10. Amend Sec.  515.577 by redesignating paragraph (e) as paragraph (f) 
and adding new paragraph (e).
    The addition reads as follows:


Sec.  515.577   Authorized transactions necessary and ordinarily 
incident to publishing.

* * * * *
    (e) Section 515.564(a)(2) authorizes the travel-related 
transactions set forth in Sec.  515.560(c) and such additional 
transactions that are directly incident to attendance at or 
organization of professional meetings that are necessary and ordinarily 
incident to the publishing and marketing of written publications.
* * * * *


Sec.  515.591   [Amended]

0
11. In note 2 to Sec.  515.591, after ``professional research'', add 
``and professional meetings''.

Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2022-12445 Filed 6-8-22; 8:45 am]
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