Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices 30655

audit trail record of all disclosures made

under the pilot. For these reasons, we

do not anticipate that the disclosures

will have any unwarranted adverse

effect on the rights of individuals.

Dated: June 4, 1996.

Shirley S. Chater,

Commissioner of Social Security.

[FR Doc. 96–15265 Filed 6–14–96; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF STATE

Bureau of Inter-American Affairs

[Public Notice 2403]

Guidelines Implementing Title IV of the

Cuban Liberty and Democratic

Solidarity Act

AGENCY: Bureau of Inter-American

Affairs.

ACTION: Notice.

SUMMARY: Title IV, section 401(a), of the

Cuban Liberty and Democratic

Solidarity (LIBERTAD) Act of 1996

(‘‘Act’’), 22 U.S.C. 6021 et seq., also

known as the Helms-Burton Act,

provides that the ‘‘Secretary of State

shall deny a visa to, and the Attorney

General shall exclude from the United

States, any alien who the Secretary of

State determines is a person who, after

the date of the enactment of this act—

(1) Has confiscated, or has directed or

overseen the confiscation of, property

[in Cuba] a claim to which is owned by

a United States national, or converts or

has converted for personal gain

confiscated property, a claim to which

is owned by a United States national;

(2) Traffics in confiscated property, a

claim to which is owned by a United

States national;

(3) Is a corporate officer, principal, or

shareholder with a controlling interest

of an entity which has been involved in

the confiscation of property or

trafficking in confiscated property, a

claim to which is owned by a United

States national; or

(4) Is a spouse, minor child, or agent

of a person excludable under paragraph

(1), (2), or (3).’’ 22 U.S.C. 6091(a).

The following guidelines will be used

by the Department of State for the

purpose of implementing Title IV of the

act.

EFFECTIVE DATE: This notice is effective

on June 17, 1996.

FOR FURTHER INFORMATION CONTACT:

Director, Office of Cuban Affairs, Bureau

of Inter-American Affairs, Department of

State, 2201 C Street, NW, Washington,

D.C. 20520, 202–647–7505.

SUPPLEMENTARY INFORMATION:

Department of State Guidelines for

Implementation of Title IV of the

LIBERTAD Act

1. Purpose and Authority. These

guidelines will be used by the

Department of State (‘‘Department’’) for

the purpose of implementing Title IV of

the Cuban Liberty and Democratic

Solidarity Act of 1996, P.L. 104–114, 22

U.S.C. § 6021 et seq., also known as the

Libertad Act or Helms-Burton Act

(‘‘Act’’), and other applicable legislation

as appropriate.

2. Delegation of Authority. The

Secretary of State has delegated

authority to the Assistant Secretary of

State for Inter-American Affairs to make

determinations of excludability and visa

ineligibility under section 401(a) of the

Act.

3. Point of Contact. The Office of

Cuban Affairs in the Bureau of InterAmerican Affairs at the Department is

the central point of contact for all

inquiries about implementation of Title

IV of the Act. The Office may be

contacted in Room No. 3244, U.S.

Department of State, Washington, DC

20520; telephone number 202–647–

7505.

4. Collection of Information—a. As

resources permit, the Department may

collect information from available

sources on whether property in Cuba

owned by a U.S. national has been

confiscated or whether trafficking in

such property confiscated from a U.S.

national has occurred.

b. If the Department has information

indicating that certain property may

have been confiscated or subject to

trafficking, it may request the Foreign

Claims Settlement Commission (FCSC)

to inform it whether the property in

question was the subject of an FCSCcertified claim. the Department may also

obtain information from the FCSC and

other available sources about the current

ownership of an FCSC-certified claim,

including whether it is owned by a U.S.

national.

c. For non-certified claims, the

Department may request claimants to

provide additional information related

to ownership and confiscation of, or

trafficking in, the property concerned.

d. The department will consult as

appropriate with other agencies of the

U.S. government and other sources

regarding the identify of principals,

officers, and controlling shareholders,

and their agents, spouses, and minor

children, or entities that may have

confiscated property owned by a U.S.

national or trafficked in such property.

5. Determinations of excludability and

Ineligibility. Determinations of

ineligibility and excludability under

Title IV will be made when facts or

circumstances exist that would lead the

Department reasonably to conclude that

a person has engaged in confiscation or

trafficking after March 12, 1996.

6. Prior Notification.—a. An alien

who may be the subject of a

determination under Title IV will be

sent notification by registered mail that

his/her name will be entered in the visa

lookout system and port of entry

exclusion system, and that he/she will

be denied a visa upon application or

have his/her visa revoked, 45 days after

the date of the notification letter. the

alien will be informed that divesting

from a ‘‘trafficking’’ arrangement would

avert the exclusion. the Department may

inform the government of the alien’s

country of nationality in confidence

through diplomatic channels of the

name of any corporation or other entity

related to this action.

b. If no information is received within

the 45 day period above that leads the

Department reasonably to conclude (i)

that the alien or company involved has

not engaged in trafficking or is no longer

doing so, or (ii) that an exception to

trafficking under section 401(b)(2)(B)

applies, the Department will notify

consular officers and the Immigration

and Naturalization Service (‘‘INS’’) of a

determination by entering the alien’s

name, including the names of the alien’s

agents, spouse and minor children, if

applicable, in the appropriate lookout

system, and a visa application from the

named alien will be denied or a visa

revoked in accordance with the law.

Entry of the named alien into the

appropriate lookout systems will be the

exclusive means by which consular

officers and the INS will verify that the

alien has been determined to be

excludable under section 401 of the Act.

7. Exemptions. The Department may

grant an exemption for diplomatic and

consular personnel of foreign

governments, and representatives to and

officials of international organizations.

An alien may request from the

Department an exemption for medical

reasons or for purposes of litigation of

an action under Title III of the Act to the

extent permitted under section 401(c) of

the Act. The Department will notify

Department consular officers and the

INS through appropriate channels of the

decision to grant an exemption to a

person otherwise excludable under Title

IV of the Act. The Department may

impose appropriate conditions on any

exemption granted.

8. Review of Determinations. The

Department may review a determination

made under Title IV at any time, as

appropriate, upon the receipt of
30656 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Notices

information indicating that the

determination was in error, that a

person has ended all involvement with

confiscated U.S. property in Cuba, that

an exception applies under section

401(b)(2)(B), or that an exemption

should be granted under section 401(c).

9. Definitions.—a. ‘‘Agent’’ means a

person who acts on behalf of a corporate

officer, principal, or shareholder with a

controlling interest to carry out or

facilitate acts or policies that result in a

determination under section 401(a) of

the Act.

b. ‘‘Confiscate’’ means the same as the

term defined in section 401(b)(1) of the

Act.

c. ‘‘Corporate officer’’ means the

president, chief executive officer,

principal financial officer, principal

accounting officer (or, if there is not

accounting officer, the controller), any

vice president of the entity in charge of

a principal business unit, division or

function (such as sales, administration

or finance), or any other officer or

person who performs policy-making

functions for the entity. Corporate

officers of a parent or subsidiary of the

entity may be deemed corporate officers

of the entity if they perform policymaking functions for the entity. (This

definition is derived from, and will in

general be applied consistent with, the

definition of ‘‘officer’’ in 17 CFR

§ 240.16a–1(f)).

d. ‘‘Minor child’’ means a person who

is under 18 years of age and who is a

child as defined in 8 U.S.C. § 1101(b)(1).

e. ‘‘Person’’ means the same as the

term defined in section 4(11) of the Act.

f. ‘‘Principal’’ means: (i) When the

entity is a general partnership, any

general partner and any officer or

employee of the general partnership

who performs a policy-making function

for the partnership, (ii) when the entity

is a limited partnership, any general

partner and any officer or employee of

a general partner of the limited

partnership who performs a policymaking function for the limited

partnership, (iii) when the entity is a

trust, any trustee and any officer or

employee of the trustee who performs a

policy-making function for the trust,

and (iv) any other person who performs

similar policy-making functions for the

entity. (This definition is derived from,

and will in general be applied

consistent with, the definition of

‘‘officer’’ in 17 CFR § 240.16a–1(f).)

g. ‘‘Shareholder with a controlling

interest’’ means a person possessing the

power, directly or indirectly, to direct or

cause the direction of the management

and policies of the entity through the

ownership of voting securities. (This

definition is derived from, and will in

general be applied consistent with, the

definition of ‘‘control’’ in 17 CFR

§ 230.405.)

h. ‘‘Traffics’’ means the same as the

term defined in section 401(b)(2) of the

Act.

i. ‘‘Transactions and uses of property

incident to lawful travel in Cuba’’ are

such incidental transactions and uses of

confiscated property as are necessary to

the conduct of lawful travel to Cuba.

10. Persons with Business Dealings

with Persons Subject to a

Determination. It is not sufficient in

itself for a determination under section

401(a) that a person has merely had

business dealings with a person for

whom a determination is made under

section 401(a).

11. Confidentiality of Records.

Department records pertaining to the

issuance or denial of a visa under

section 401(a), including records related

to the determination of ineligibility or

excludability, are confidential

consistent with section 222(f) of the

Immigration and Nationality Act, 8

U.S.C. 1202(f).

12. No Right of Action. Nothing in

these guidelines will create any right or

benefit, substantive or procedural,

enforceable by a party against the

United States, its agencies or

instrumentalities, its officers or its

employees, or any other person.

13. Publication and Revision of these

Guidelines. These guidelines will be

published in the Federal Register, and

will become effective upon publication.

Revisions may be made as appropriate

and published in the Federal Register.

Dated: June 12, 1996.

Jeffrey Davidow,

Acting Assistant Secretary of State for InterAmerican Affairs, Department of State.

[FR Doc. 96–15406 Filed 6–14–96; 8:45 am]

BILLING CODE 4710–29–M

TENNESSEE VALLEY AUTHORITY

Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Tennessee

Valley Authority.

[Meeting No. 1485]

TIME AND DATE: 10 a.m. (EDT), June 19,

1996.

PLACE: TVA Chattanooga Office

Complex Auditorium, 1101 Market

Street, Chattanooga, Tennessee.

STATUS: Open.

Agenda

Approval of minutes of meeting held on

May 15, 1996.

New Business

E—Real Property Transactions

E1. Transfer of custody of the Edgemont

Uranium Mill Tailings Disposal Site to the

Department of Energy.

E2. Grant of permanent easement to

Tishomingo County, Mississippi, affecting

approximately 6 acres of land on Pickwick

Lake in Tishomingo County for a road and

utilities right-of-way (Tract No. XTYECR–

9H).

E3. Sale of 30-year easement to Power

Paper Company, Inc., for a natural gas

pipeline affecting approximately 3.5 acres of

land on Watts Bar Lake in Roane County,

Tennessee (Tract No XWBR–713P).

E4. Sale of 40-year commercial recreation

easement to Watts Bar Resort Company

affecting approximately 162 acres of land on

Watts Bar Lake in Rhea County, Tennessee

(Tract No. XWBR–710RE).

E5. Grant of permanent easements to the

City of Fort Payne, Alabama, affecting

approximately 9.65 acres of land on

Guntersville Lake in Jackson County,

Alabama, for a raw water pump station and

water line (Tract No. XTGR–162E).

E6. Abandonment of easement rights over

a portion of the Pulaski-Fayetteville

Transmission Line affecting approximately

5.95 acres in Lincoln County, Tennessee (a

portion of Tract No. PF–59 and all of Tract

No. PF–80).

Unclassified

F1. Filing of condemnation cases.

Information Items

1. Abandonment of easement rights

affecting approximately 0.7 acre of the

Norris-Knoxville Transmission Line right-ofway in Anderson County, Tennessee (Tract

No. NV–19).

2. Grant of easement to Bluegrass Network

LLC affecting approximately 0.03 acre of the

Bowling Green Customer Service Center

property in Warren County, Kentucky, for

construction, operation, and maintenance of

a fiber optic cable (Tract No. XBKPSC–3UC).

3. Drive-home vehicle program for TVA

Police Officers.

4. Delegation of authority to the Vice

President of Fuel Supply and Engineering to

enter into agreements with the Southern

Pacific Rail Corporation (and certain of its

affected subsidiaries) to modify existing

Contract Nos. ICC–SP–C–15118 and ICC–SP–

C–15119 and to resolve outstanding claims.

5. Extension of the current Low Density

Credit Program.

6. Award of contract to Alcoa Fujikura,

Ltd., for fiber optic cable and to further the

arrangement with Worldcom Network

Services, Inc., to construct a fiber optic

system from Memphis to Nashville, with an

optional segment from Nashville to East

Tennessee.

7. Filing of condemnation cases.

8. Sale of permanent easement to CSX

Transportation, Inc., for railroad and other

transportation purposes affecting

approximately 45.5 acres of Widows Creek

Fossil Plant Interchange Yard, Jackson

County, Alabama (Tract No. XCSPA–47RR).

For more information: Please call

TVA Public Relations at (423) 632–6000,