51998 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 

§ 1926.1427 Operator qualification and 

certification. 

* * * * * 

(k) Phase-in. (1) The provisions of this 

section became applicable on November 

8, 2010, except for paragraphs (a)(2) and 

(f) of this section, which are applicable 

November 10, 2018. 

(2) When paragraph (a)(1) of this 

section is not applicable, all of the 

requirements in paragraphs (k)(2)(i) and 

(ii) of this section apply until November 

10, 2018. 

(i) The employer must ensure that 

operators of equipment covered by this 

standard are competent to operate the 

equipment safely. 

(ii) When an employee assigned to 

operate machinery does not have the 

required knowledge or ability to operate 

the equipment safely, the employer 

must train that employee prior to 

operating the equipment. The employer 

must ensure that each operator is 

evaluated to confirm that he/she 

understands the information provided 

in the training. 

[FR Doc. 2017–24349 Filed 11–8–17; 8:45 am] 

BILLING CODE 4510–26–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 National Security 

Presidential Memorandum (NSPM), 

‘‘Strengthening the Policy of the United 

States Toward Cuba,’’ signed by the 

President on June 16, 2017. These 

amendments implement changes to the 

authorizations for travel to Cuba and 

related transactions and restrict certain 

financial transactions. These 

amendments also implement certain 

technical and conforming changes. 

DATES: Effective: November 9, 2017. 

FOR FURTHER INFORMATION CONTACT: The 

Department of the Treasury’s Office of 

Foreign Assets Control: Assistant 

Director for Licensing, tel.: 202–622– 

2480, Assistant Director for Regulatory 

Affairs, tel.: 202–622–4855, Assistant 

Director for Sanctions Compliance & 

Evaluation, tel.: 202–622–2490; or the 

Department of the Treasury’s Office of 

the Chief Counsel (Foreign Assets 

Control), Office of the General Counsel, 

tel.: 202–622–2410. 

SUPPLEMENTARY INFORMATION: 

Electronic Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(www.treasury.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. 4301–41). OFAC has amended 

the Regulations on numerous occasions. 

Today, OFAC, the Department of 

Commerce’s Bureau of Industry and 

Security, and the Department of State 

are taking coordinated actions to 

implement the NSPM, ‘‘Strengthening 

the Policy of the United States Toward 

Cuba,’’ signed by the President on June 

16, 2017. 

OFAC is making amendments to the 

Regulations with respect to financial 

transactions, travel and related 

transactions, educational activities, 

support for the Cuban people, and 

certain other activities, as set forth 

below. 

Financial Transactions 

Restrictions on direct financial 

transactions with certain entities and 

subentities. In accordance with section 

3(a)(i) of the NSPM, the State 

Department is publishing a list of 

entities and subentities that are under 

the control of, or act for or on behalf of, 

the Cuban military, intelligence, or 

security service or personnel, and with 

which direct financial transactions 

would disproportionately benefit the 

Cuban military, intelligence, or security 

services or personnel at the expense of 

the Cuban people or private enterprise 

in Cuba—the State Department’s List of 

Restricted Entities and Subentities 

Associated with Cuba (‘‘Cuba Restricted 

List’’). In accordance with section 

3(a)(ii) of the NSPM, OFAC is adding 

new § 515.209 to restrict direct financial 

transactions with entities and 

subentities listed on the Cuba Restricted 

List. OFAC is making conforming edits 

to § 515.421 to clarify that transactions 

ordinarily incident to licensed 

transactions do not include direct 

financial transactions with such entities 

and subentities if the terms of the 

applicable general or specific license 

expressly exclude such direct financial 

transactions. 

In order to implement this 

prohibition, OFAC is adding 

corresponding language in the following 

general licenses: §§ 515.530, 515.534, 

515.545, 515.560, 515.561, 515.564, 

515.565, 515.566, 515.567, 515.572, 

515.573, 515.574, 515.576, 515.577, 

515.578, 515.581, 515.584, and 515.590. 

OFAC has not incorporated this 

prohibition into certain general licenses 

in accordance with the exceptions 

detailed in section 3(a)(iii) of the NSPM. 

Travel and Related Transactions 

Educational travel. In accordance 

with section 3(b) of the NSPM, OFAC is 

revising the categories of educational 

travel currently set forth in 

§ 515.565(a)(1)–(6) to authorize travel 

that was permitted by regulation in 

effect on January 27, 2011. 

In addition, OFAC is adding the 

requirement set forth in the NSPM that 

certain categories of educational travel 

authorized by § 515.565(a), which were 

not permitted by regulation in effect on 

January 27, 2011, take place under the 

auspices of an organization that is a 

person subject to U.S. jurisdiction. This 

requirement is incorporated in 

§ 515.565(a)(2). The same provision also 

now will require that all travelers must 

be accompanied by a person subject to 

U.S. jurisdiction who is an employee, 

paid consultant, agent, or other 

representative of the sponsoring 

organization, except in cases where the 

traveler is an employee, paid consultant, 

agent, or other representative traveling 

individually (not as part of a group), if 

the individual obtains a letter from the 

sponsoring organization. Such a letter 

must state that: (1) The individual is 

traveling to Cuba as an employee, paid 

consultant, agent, or other 

representative (including specifying the 

responsibilities of the individual that 

make him or her a representative) of the 

sponsoring organization; (2) the 

individual is acting for or on behalf of, 

or otherwise representing, the 

sponsoring organization; and (3) the 

individual’s travel to Cuba is related to 

his or her role at the sponsoring 

organization. 

In addition, OFAC is adding a 

‘‘grandfathering’’ provision in 

§ 515.565(d) to authorize certain travel 

that previously was authorized where 

the traveler has already completed at 

least one travel-related transaction (such 

as purchasing a flight or reserving 

accommodation) prior to November 9, 

2017. 

People-to-people educational travel. 

In accordance with section 3(b)(ii) of the 

NSPM, OFAC is amending § 515.565(b) 

to require that people-to-people 

educational travel be conducted under 

the auspices of an organization that is 

subject to U.S. jurisdiction and that 

sponsors such exchanges to promote 


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people-to-people contact, and that such 

travelers be accompanied by a person 

subject to U.S. jurisdiction who is an 

employee, paid consultant, agent, or 

other representative of the sponsoring 

organization. Travel-related transactions 

authorized pursuant to this section must 

be for the purpose of engaging, while in 

Cuba, in a full-time schedule of 

activities that enhance contact with the 

Cuban people, support civil society in 

Cuba, or promote the Cuban people’s 

independence from Cuban authorities; 

and result in meaningful interactions 

with individuals in Cuba. In addition, 

OFAC is adding a ‘‘grandfathering’’ 

provision in § 515.565(e) to authorize 

certain people-to-people travel that 

previously was authorized where the 

traveler has already completed at least 

one travel-related transaction (such as 

purchasing a flight or reserving 

accommodation) prior to June 16, 2017. 

Support for the Cuban people. In 

accordance with section 3(b)(ii) of the 

NSPM, OFAC is amending § 515.574 to 

require that each traveler engage in a 

full-time schedule of activities that 

result in meaningful interaction with 

individuals in Cuba and that enhance 

contact with the Cuban people, support 

civil society in Cuba, or promote the 

Cuban people’s independence from 

Cuban authorities. 

Other Amendments 

Definition of prohibited officials of the 

Government of Cuba. In accordance 

with section 3(d) of the NSPM, OFAC is 

amending the definition of the term 

prohibited officials of the Government 

of Cuba in § 515.337 to include certain 

additional individuals. The revised 

definition corresponds to that which 

was in place prior to October 17, 2016. 

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, as well as 

the provisions of Executive Order 

13771, 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 § 515.572 of this part. Pursuant to 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507), those collections of 

information are covered by the Office of 

Management and Budget under control 

numbers 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, Banking, Blocking of assets, 

Cuba, Financial transactions, Reporting 

and recordkeeping requirements, 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 

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); Pub. L. 104–114, 110 Stat. 

785 (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. 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 B—Prohibitions 

■ 2. Add § 515.209 to subpart B to read 

as follows: 

§ 515.209 Restrictions on direct financial 

transactions with certain entities and 

subentities. 

(a) Except as otherwise authorized 

pursuant to this part, no person subject 

to U.S. jurisdiction may engage in a 

direct financial transaction with any 

person that the Secretary of State has 

identified as an entity or subentity that 

is under the control of, or acts for or on 

behalf of, the Cuban military, 

intelligence, or security services or 

personnel and with which direct 

financial transactions would 

disproportionately benefit such services 

or personnel at the expense of the 

Cuban people or private enterprise in 

Cuba. For purposes of this prohibition, 

a person engages in a direct financial 

transaction by acting as the originator 

on a transfer of funds whose ultimate 

beneficiary is an entity or subentity on 

the State Department’s List of Restricted 

Entities and Subentities Associated with 

Cuba (‘‘Cuba Restricted List’’) or as the 

ultimate beneficiary on a transfer of 

funds whose originator is an entity or 

subentity on the Cuba Restricted List, 

including a transaction by wire transfer, 

credit card, check, or payment of cash. 

This prohibition does not apply to 

certain transactions set forth in 

paragraphs (b) and (c) of this section. 

Note to paragraph (a): The names of 

entities and subentities that the Secretary of 

State has identified as meeting the criteria set 

forth in this section are published in the 

Federal Register and incorporated into the 

Cuba Restricted List. Entities or subentities 

that are owned or controlled by another 

entity or subentity on this list are not treated 

as restricted unless also specified by name on 

the Cuba Restricted List. The Cuba Restricted 

List is maintained by the State Department 

and will be published in the Federal 

Register. It is also accessible through the 

following page on the State Department’s 

Web site: http://www.state.gov/e/eb/tfs/spi/ 

cuba/cubarestrictedlist/index.htm. 

(b) The prohibition in paragraph (a) of 

this section does not apply to any travelrelated transactions, including those 

that involve direct financial transactions 

with an entity or subentity on the Cuba 

Restricted List, provided those travelrelated transactions were initiated prior 

to the date that entity or subentity was 

added to the Cuba Restricted List as 

published in the Federal Register. 

(c) The prohibition in paragraph (a) of 

this section does not apply to any 

transactions related to commercial 

engagements that involve direct 

financial transactions with an entity or 

subentity on the Cuba Restricted List, 

provided those commercial 

engagements were in place prior to the 

date that entity or subentity was added 

to the Cuba Restricted List as published 

in the Federal Register. 

Note to § 515.209: This section does not 

prohibit a person subject to U.S. jurisdiction 

from participating in an indirect financial 

transaction, such as those authorized 

pursuant to § 515.584(d) relating to funds 

transfers or § 515.584(g) relating to U.S. 

dollar monetary instruments, where the 

person does not act as the originator or 

beneficiary on a transfer of funds. 

Subpart C—Definitions 

■ 3. Revise § 515.337 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 


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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). 

Subpart D—Interpretations 

■ 4. Amend § 515.421 by removing the 

text ‘‘or’’ at the end of paragraph (a)(3), 

removing the period at the end of the 

introductory text to paragraph (a)(4) and 

adding the text ‘‘; or’’ in its place, and 

adding paragraph (a)(5) to read as 

follows: 

§ 515.421 Transactions ordinarily incident 

to a licensed transaction. 

(a) * * * 

(5) A direct financial transaction 

prohibited by § 515.209, where the 

terms of the applicable general or 

specific license expressly exclude such 

a transaction. 

* * * * * 

Subpart E—Licenses, Authorizations, 

and Statements of Licensing Policy 

■ 5. Amend § 515.530 by adding 

paragraph (d) to read as follows: 

§ 515.530 Exportation of powers of 

attorney or instructions relating to certain 

types of transactions. 

* * * * * 

(d) Certain direct financial 

transactions restricted. Nothing in this 

section authorizes a direct financial 

transaction prohibited by § 515.209. 

■ 6. Amend § 515.533 by revising 

paragraph (b) to read as follows: 

§ 515.533 Exportations from the United 

States to Cuba; reexportation to Cuba; 

importation and servicing or repair of 

certain items previously exported or 

reexported to Cuba. 

* * * * * 

(b) Importation of certain items 

previously exported to Cuba; servicing 

and repair of such items. All 

transactions ordinarily incident to the 

importation into the United States or a 

third country of items previously 

exported from the United States to Cuba 

or exported or reexported from a third 

country to Cuba, and the servicing and 

repair of such items, are authorized, 

provided that: 

(1) The items previously were 

exported or reexported to Cuba pursuant 

to paragraph (a) of this section or 

§ 515.559; and 

(2) The items are being imported into 

the United States or a third country 

either: 

(i) In order to service or repair them 

before they are exported or reexported 

back to Cuba, or 

(ii) To return them to the United 

States or a third country. 

Note to paragraph (b): This paragraph does 

not authorize the exportation or 

reexportation of any item to Cuba. The 

exportation or reexportation of serviced, 

repaired, or replacement items to Cuba must 

be separately authorized pursuant to 

paragraph (a) of this section or § 515.559, in 

addition to any Department of Commerce 

authorization that may be required. 

* * * * * 

■ 7. Amend § 515.534 by adding 

paragraph (c) to read as follows: 

§ 515.534 Negotiation of, and entry into, 

contingent contracts relating to 

transactions prohibited by this part. 

* * * * * 

(c) Certain direct financial 

transactions restricted. Nothing in this 

section authorizes a direct financial 

transaction prohibited by § 515.209. 

* * * * * 

■ 8. Amend § 515.545 by redesignating 

paragraph (c) as paragraph (d) and 

adding new paragraph (c) to read as 

follows: 

§ 515.545 Transactions related to 

information and informational materials. 

* * * * * 

(c) Certain direct financial 

transactions restricted. Nothing in 

paragraphs (a) or (b) of this section 

authorizes a direct financial transaction 

prohibited by § 515.209. 

* * * * * 

■ 9. Amend § 515.560 by revising the 

introductory text to paragraph (c), 

revising paragraph (c)(1), redesignating 

paragraph (d) as paragraph (e), and 

adding new paragraph (d) to read as 

follows: 

§ 515.560 Travel-related transactions to, 

from, and within Cuba by persons subject 

to U.S. jurisdiction. 

* * * * * 

(c) Except as provided in paragraph 

(d) of this section, persons generally or 

specifically licensed under this part to 

engage in transactions in connection 

with travel to, from, and within Cuba 

may engage in the following 

transactions: 

(1) Transportation to, from, and 

within Cuba; Cuban visas. All 

transportation-related transactions 

ordinarily incident to travel to, from, 

and within Cuba, including the 

acquisition of Cuban visas, are 

authorized. 

* * * * * 

(d) Nothing in paragraphs (c)(2), 

(c)(3), and (c)(6)(i) of this section 

authorizes a direct financial transaction 

prohibited by § 515.209 if the terms of 

the applicable general or specific license 

expressly exclude such a transaction. 

* * * * * 

■ 10. Amend § 515.561 by removing the 

text ‘‘§ 515.565(a)(1) through (4) and 

(6)’’ and adding in its place the text 

‘‘§ 515.565(a)(1)(i) through (iv) and (vi)’’ 

and adding a sentence at the end of 

paragraph (a) to read as follows: 

§ 515.561 Family visits. 

(a) * * * Nothing in this paragraph 

authorizes a direct financial transaction 

prohibited by § 515.209. 

* * * * * 

■ 11. Amend § 515.564 by redesignating 

paragraph (c) as paragraph (d) and 

adding new paragraph (c) to read as 

follows: 

§ 515.564 Professional research and 

professional meetings in Cuba. 

* * * * * 

(c) Certain direct financial 

transactions restricted. Nothing in 

paragraph (a) of this section authorizes 

a direct financial transaction prohibited 

by § 515.209. 

* * * * * 

■ 12. Revise § 515.565 to read as 

follows: 

§ 515.565 Educational activities. 

(a) General license for educational 

activities. (1) Accredited U.S. 

undergraduate or graduate degreegranting academic institutions, their 

students enrolled in an undergraduate 

or graduate degree program at the 

institution, and their full-time 

permanent employees, are authorized to 

engage, under the auspices of the 

institutions, in transactions, including 

the travel-related transactions set forth 

in § 515.560(c), that are directly incident 

to the following activities: 

(i) Participation in a structured 

educational program in Cuba as part of 

a course offered at the U.S. institution, 

provided the program includes a full 

term, and in no instance includes fewer 

than 10 weeks, of study in Cuba. An 

individual planning to engage in such 

transactions must obtain a letter from 

the U.S. institution stating that the 

individual is a student currently 

enrolled in an undergraduate or 

graduate degree program at the 

institution, or is a full-time permanent 

employee of the institution, and that the 

Cuba-related travel is part of a 


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structured educational program of the 

U.S. institution that will be no shorter 

than 10 weeks in duration; 

(ii) Noncommercial academic research 

in Cuba specifically related to Cuba and 

for the purpose of obtaining a graduate 

degree. A student planning to engage in 

such transactions must obtain a letter 

from the U.S. institution stating that the 

individual is a student currently 

enrolled in a graduate degree program at 

the U.S. institution and that the research 

in Cuba will be accepted for credit 

toward that degree; 

(iii) 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 undergraduate or graduate 

degree at the U.S. institution and 

provided that the course of study is no 

shorter than 10 weeks in duration. An 

individual planning to engage in such 

transactions must obtain a letter from 

the U.S. institution stating that the 

individual is a student currently 

enrolled in an undergraduate or 

graduate degree program at the U.S. 

institution and that the study in Cuba 

will be accepted for credit toward that 

degree and will be no shorter than 10 

weeks in duration; 

(iv) Teaching at a Cuban academic 

institution by an individual regularly 

employed in a teaching capacity at the 

U.S. institution, provided the teaching 

activities are related to an academic 

program at the Cuban institution and 

provided that the duration of the 

teaching will be no shorter than 10 

weeks. An individual planning to 

engage in such transactions must obtain 

a letter from the U.S. institution stating 

that the individual is a full-time 

permanent employee regularly 

employed in a teaching capacity at the 

U.S. institution; 

(v) Sponsorship of a Cuban scholar to 

teach or engage in other scholarly 

activity at the U.S. institution (in 

addition to those transactions 

authorized by the general license 

contained in § 515.571); and 

Note to paragraph (a)(1)(v): See 

§ 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. 

(vi) The organization of, and 

preparation for, the activities described 

in paragraphs (a)(1)(i) through (a)(1)(v) 

of this section by a full-time permanent 

employee of the U.S. institution. An 

individual engaging in such transactions 

must obtain a letter from the U.S. 

institution stating that the individual is 

a full-time permanent employee of the 

U.S. institution. 

(2) To the extent not authorized in 

paragraph (a)(1) of this section, persons 

subject to U.S. jurisdiction, including 

U.S. academic institutions and their 

faculty, staff, and students, are 

authorized to engage in transactions, 

including the travel-related transactions 

set forth in § 515.560(c), that are directly 

incident to the following activities, 

provided that any travel-related 

transactions pursuant to these 

authorizations take place under the 

auspices of an organization that is a 

person subject to U.S. jurisdiction, and 

further provided that all such travelers 

be accompanied by a person subject to 

U.S. jurisdiction who is an employee, 

paid consultant, agent, or other 

representative of the sponsoring 

organization, except in cases where the 

traveler is an employee, paid consultant, 

agent, or other representative traveling 

individually (not as part of a group) and 

the individual traveler obtains a letter 

from the sponsoring organization stating 

that: The individual is traveling to Cuba 

as an employee, paid consultant, agent, 

or other representative (including 

specifying the responsibilities of the 

individual that make him or her a 

representative) of the sponsoring 

organization; the individual is acting for 

or on behalf of, or otherwise 

representing, the sponsoring 

organization; and the individual’s travel 

to Cuba is related to his or her role at 

the sponsoring organization: 

(i) Participation in a structured 

educational program in Cuba as part of 

a course offered for credit by a U.S. 

graduate or undergraduate degreegranting academic institution that is 

sponsoring the program; 

(ii) Noncommercial academic research 

in Cuba specifically related to Cuba and 

for the purpose of obtaining an 

undergraduate or graduate degree; 

(iii) 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; 

(iv) 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; 

(v) 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 § 515.571). 

Note to paragraph (a)(2)(v): See 

§ 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. 

(vi) 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; 

(vii) Sponsorship or co-sponsorship of 

non-commercial 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; 

(viii) Establishment of academic 

exchanges and joint non-commercial 

academic research projects with 

universities or academic institutions in 

Cuba; 

(ix) 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; 

(x) 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; 

(xi) The organization of, and 

preparation for, activities described in 

paragraphs (a)(2)(i) through (a)(2)(x) of 

this section by an employee, paid 

consultant, agent, or other 

representative of the sponsoring 

organization that is a person subject to 

U.S. jurisdiction; and 

(xii) 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: 

(A) The organization is directly 

affiliated with one or more U.S. 

academic institutions or secondary 

schools; and 

(B) The organization facilitates 

educational activities that meet the 

requirements of one or more of the 

general licenses set forth in paragraphs 

(a)(1)(i) through (iii), (a)(2)(i) through 

(iii), and (a)(2)(vi) of this section. 


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Note to paragraph (a)(2): The 

authorizations in this paragraph extend 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)(2) of this section to 

participate in the academic activities in Cuba 

described through any sponsoring U.S. 

academic institution. 

Example to paragraph (a)(2): An 

individual undergraduate student serves as a 

research assistant at his or her U.S. 

undergraduate degree-granting academic 

institution. This individual may travel to 

Cuba to engage in noncommercial academic 

research specifically related to Cuba for the 

purpose of obtaining an undergraduate 

degree pursuant to paragraph (a)(2)(ii) of this 

section if the student is either accompanied 

by an employee, paid consultant, agent, or 

other representative of the academic 

institution (either individually or as part of 

a group), or has obtained a letter from the 

institution stating that the student is an 

employee, paid consultant, agent, or other 

representative (including specifying the 

responsibilities that make him or her a 

representative) of the academic institution, 

that the student is acting for or on behalf of 

or otherwise representing the academic 

institution, and that the student’s travel to 

Cuba is related to his or her role at the 

academic institution. 

Note 1 to paragraph (a): See § 515.560(c)(6) 

for an authorization for individuals to open 

and maintain accounts at Cuban financial 

institutions; see § 515.573 for an 

authorization for entities conducting 

educational activities authorized by 

§ 515.565(a) to establish a physical presence 

in Cuba, including an authorization to open 

and maintain accounts at Cuban financial 

institutions. 

Note 2 to paragraph (a): The export or 

reexport to Cuba of goods (including 

software) or technology subject to the Export 

Administration Regulations (15 CFR parts 

730 through 774) may require separate 

authorization from the Department of 

Commerce. 

Note 3 to paragraph (a): See § 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-topeople travel. The travel-related 

transactions set forth in § 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 are for the 

purpose of engaging, while in Cuba, in 

a full-time schedule of activities that 

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 result in meaningful 

interaction between the traveler and 

individuals in Cuba; 

(4) A person subject to U.S. 

jurisdiction who is an employee, paid 

consultant, agent, or other 

representative of the sponsoring 

organization accompanies each group 

traveling to Cuba to ensure that each 

traveler has a full-time schedule of 

educational exchange activities; 

(5) The predominant portion of the 

activities engaged in by each travelers is 

not with a prohibited official of the 

Government of Cuba, as defined in 

§ 515.337, or a prohibited member of the 

Cuban Communist Party, as defined in 

§ 515.338; and 

(6) In addition to all other information 

required by § 501.601 of this chapter, 

persons relying on the authorization in 

paragraph (b) of this section, including 

entities sponsoring travel pursuant to 

the authorization in paragraph (b) of this 

section, 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 (b)(5) of this section. 

Individuals may rely on the entity 

sponsoring the travel to satisfy his or 

her recordkeeping requirements with 

respect to the requirements of 

paragraphs (b)(1) through (5) of this 

section. These records must be 

furnished to the Office of Foreign Assets 

Control on demand pursuant to 

§ 501.602 of this chapter. 

Example 1 to paragraph (b): An 

organization sponsors and organizes 

educational exchanges not involving 

academic study pursuant to a degree program 

for travelers to learn side-by-side with Cuban 

individuals in areas such as environmental 

protection or the arts. Each traveler in the 

group will have a full-time schedule of 

educational exchange activities that result in 

meaningful interaction between the travelers 

and individuals in Cuba. The group will be 

accompanied by a person who is subject to 

U.S. jurisdiction who is a representative of 

the sponsoring organization for the duration 

of the trip. The organization’s activities 

qualify for the general license for people-topeople travel. In addition, the individual 

travelers may rely on the entity sponsoring 

the travel to satisfy their recordkeeping 

requirements. 

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 § 515.574 (Support 

for the Cuban People) provided the 

individual meets all of its requirements. 

Note 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 §§ 501.601 

and 501.602 of this chapter for applicable 

recordkeeping and reporting requirements. 

(c) Certain direct financial 

transactions restricted. Nothing in 

paragraph (a) or (b) of this section 

authorizes a direct financial transaction 

prohibited by § 515.209. 

(d) General license for certain 

educational travel and related 

transactions where certain transactions 

were completed prior to November 9, 

2017. Persons subject to U.S. 

jurisdiction are authorized to engage in 

educational travel and related 

transactions for a trip consistent with 

paragraph (a) of this section as those 

provisions existed on June 16, 2017, 

provided the traveler completed at least 

one travel-related transaction (such as 

purchasing a flight or reserving 

accommodation) for that particular trip 

prior to November 9, 2017 and further 

provided any new travel-related 

transactions initiated on or after 

November 9, 2017 do not involve a 

direct financial transaction prohibited 

by § 515.209. 

(e) General license for certain peopleto-people travel and related transactions 

where certain transactions were 

completed prior to June 16, 2017. 

Persons subject to U.S. jurisdiction are 

authorized to engage in people-topeople travel and related transactions 

for a trip consistent with paragraphs 

(b)(1)–(3) of this section as those 

provisions existed on June 16, 2017, 

provided the traveler completed at least 

one travel-related transaction (such as 

purchasing a flight or reserving 

accommodation) for that particular trip 

prior to June 16, 2017, and further 

provided any new travel-related 

transactions initiated on or after 

November 9, 2017 do not involve a 


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direct financial transaction prohibited 

by § 515.209. 

(f) Transactions related to activities 

that are primarily tourist-oriented are 

not authorized pursuant to this section. 

(g) Specific licenses. Specific licenses 

may be issued on a case-by-case basis 

authorizing the travel-related 

transactions set forth in § 515.560(c) and 

such other transactions as are related to 

educational activities that do not qualify 

for the general licenses under paragraph 

(a) or (b) of this section. 

■ 13. Amend § 515.566 by adding a 

sentence at the end of paragraph (a) to 

read as follows: 

§ 515.566 Religious activities in Cuba. 

(a) * * * Nothing in this paragraph 

authorizes a direct financial transaction 

prohibited by § 515.209. 

* * * * * 

■ 14. Amend § 515.567 by redesignating 

paragraph (d) as paragraph (e) and 

adding new paragraph (d) to read as 

follows: 

§ 515.567 Public performances, clinics, 

workshops, athletic and other competitions, 

and exhibitions. 

* * * * * 

(d) Nothing in paragraph (a) or (b) of 

this section authorizes a direct financial 

transaction prohibited by § 515.209. 

* * * * * 

■ 15. Amend § 515.572 by adding a 

sentence at the end of paragraph (a)(1) 

to read as follows: 

§ 515.572 Provision of travel, carrier, other 

transportation-related, and remittance 

forwarding services. 

(a) * * * 

(1) * * * Nothing in this paragraph 

authorizes a direct financial transaction 

prohibited by § 515.209 if the terms of 

the applicable general or specific license 

authorizing the travel expressly exclude 

such a transaction. 

* * * * * 

■ 16. Amend § 515.573 by adding 

paragraph (f) to read as follows: 

§ 515.573 Physical presence and business 

presence in Cuba authorized; Cuban news 

bureaus. 

* * * * * 

(f) Certain direct financial 

transactions restricted. (1) Nothing in 

paragraph (c)(3) of this section, with the 

exception of transactions related to 

exports or reexports of agricultural 

commodities, medicines or medical 

supplies, items associated with the 

provision of telecommunications and 

internet services for the Cuban people, 

or items associated with air and sea 

operations that support permissible 

travel, cargo, or trade, authorizes a 

direct financial transaction prohibited 

by § 515.209. Nothing in paragraph 

(c)(5) of this section, with the exception 

of transactions concerning air and sea 

operations that support permissible 

travel, cargo, or trade, authorizes a 

direct financial transaction prohibited 

by § 515.209. 

(2) Nothing in paragraph (d)(2), (3), or 

(6) of this section authorizes a direct 

financial transaction prohibited by 

§ 515.209. 

* * * * * 

■ 17. Amend § 515.574 by redesignating 

paragraph (a)(2) as (a)(3), adding new 

paragraph (a)(2), redesignating the Note 

to paragraph (a) as Note 1 to paragraph 

(a), adding Note 2 to paragraph (a), 

redesignating paragraph (c) as paragraph 

(d), adding new paragraph (c), and 

adding Examples (1)–(3) to § 515.574 to 

read as follows: 

§ 515.574 Support for the Cuban people. 

(a) * * * 

(2) Each traveler engages in a full-time 

schedule of activities that: 

(i) Enhance contact with the Cuban 

people, support civil society in Cuba, or 

promote the Cuban people’s 

independence from Cuban authorities; 

and 

(ii) Result in meaningful interaction 

with individuals in Cuba. 

* * * * * 

Note 2 to paragraph (a): Staying in a room 

at a rented accommodation in a private 

Cuban residence (casa particular), eating at 

privately-owned Cuban restaurants 

(paladares), and shopping at privately-owned 

stores run by self-employed Cubans 

(cuentapropista) are examples of activities 

that qualify for this general license. However, 

in order to meet the requirement for a fulltime schedule, a traveler must engage in 

additional authorized Support for the Cuban 

People activities. 

* * * * * 

(c) Certain direct financial 

transactions restricted. Nothing in 

paragraph (a)(1)(iii) of this section 

authorizes a direct financial transaction 

prohibited by § 515.209, with the 

exception of transactions on behalf of a 

non-governmental organization. 

* * * * * 

Example 1 to § 515.574: An individual 

plans to travel to Cuba, stay in a room at a 

rented accommodation in a private Cuban 

residence (casa particular), eat at privatelyowned Cuban restaurants (paladares), and 

shop at privately-owned stores run by selfemployed Cubans (cuentapropista) during 

his or her four-day trip. While at the casa 

particular, the individual will have breakfast 

each morning with the Cuban host and 

engage with the Cuban host to learn about 

Cuban culture. In addition, the traveler will 

complete his or her full-time schedule by 

supporting Cuban entrepreneurs launching 

their privately-owned businesses. The 

traveler’s activities promote independent 

activity intended to strengthen civil society 

in Cuba. Because the individual’s qualifying 

activities are not limited to staying in a room 

at a rented accommodation in a private 

Cuban residence (casa particular), eating at 

privately-owned Cuban restaurants 

(paladares), and shopping at privately owned 

stores run by self-employed Cubans 

(cuentapropista) and the traveler maintains a 

full-time schedule that enhances contact with 

the Cuban people, supports civil society in 

Cuba, and promotes the Cuban people’s 

independence from Cuban authorities, and 

that results in meaningful interaction 

between the traveler and Cuban individuals, 

the individual’s travel qualifies for the 

general license. 

Example 2 to § 515.574: A group of friends 

plans to travel and maintain a full-time 

schedule throughout their trip by 

volunteering with a recognized nongovernmental organization to build a school 

for underserved Cuban children with the 

local community. In their free time, the 

travelers plan to rent bicycles to explore the 

streets of Havana and visit an art museum. 

The travelers’ trip would qualify for the 

general license because the volunteer 

activities promote independent activity 

intended to strengthen civil society in Cuba 

and constitute a full-time schedule that 

enhances contact with the Cuban people and 

supports civil society in Cuba, and results in 

meaningful interaction between the travelers 

and individuals in Cuba. 

Example 3 to § 515.574: An individual 

plans to travel to Cuba, rent a bicycle to 

explore the neighborhoods and beaches, and 

engage in brief exchanges with local beach 

vendors. The individual intends to stay at a 

hotel that does not appear on the Cuba 

Restricted List (see § 515.209). The traveler’s 

trip does not qualify for this general license 

because none of these activities promote 

independent activity intended to strengthen 

civil society in Cuba. 

■ 18. Amend § 515.576 by redesignating 

paragraph (c) as paragraph (d) and by 

adding new paragraph (c) to read as 

follows: 

§ 515.576 Activities of private foundations 

or research or educational institutes. 

* * * * * 

(c) Certain direct financial 

transactions restricted. Nothing in 

paragraph (a) authorizes a direct 

financial transaction prohibited by 

§ 515.209. 

* * * * * 

■ 19. Amend § 515.577 by adding 

paragraph (f) to read as follows: 

§ 515.577 Authorized transactions 

necessary and ordinarily incident to 

publishing. 

* * * * * 

(f) Certain direct financial 

transactions restricted. Nothing in this 

section authorizes a direct financial 

transaction prohibited by § 515.209. 


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52004 Federal Register / Vol. 82, No. 216 / Thursday, November 9, 2017 / Rules and Regulations 

■ 20. Amend § 515.578 by redesignating 

paragraph (f) as paragraph (g) and 

adding new paragraph (f) to read as 

follows: 

§ 515.578 Exportation, reexportation, and 

importation of certain internet-based 

services; importation of software. 

* * * * * 

(f) Certain direct financial 

transactions restricted. Nothing in 

paragraphs (d) or (e) authorizes a direct 

financial transaction prohibited by 

§ 515.209. 

* * * * * 

■ 21. Amend § 515.581 by adding a 

sentence at the end to read as follows: 

§ 515.581 Transactions related to 

conferences in third countries. 

* * * Nothing in this paragraph 

authorizes a direct financial transaction 

prohibited by § 515.209. 

* * * * * 

■ 22. Amend § 515.584 by revising 

paragraph (f) to read as follows: 

§ 515.584 Certain financial transactions 

involving Cuba. 

* * * * * 

(f) Any banking institution, as defined 

in § 515.314, that is a person subject to 

U.S. jurisdiction is authorized to 

provide financing for exports or 

reexports of items, other than 

agricultural commodities, authorized 

pursuant to § 515.533, including 

issuing, advising, negotiating, paying, or 

confirming letters of credit (including 

letters of credit issued by a financial 

institution that is a national of Cuba), 

accepting collateral for issuing or 

confirming letters of credit, and 

processing documentary collections. 

With the exception of transactions 

related to exports or reexports of 

medicines or medical supplies, items 

associated with the provision of 

telecommunications and internet 

services for the Cuban people, or items 

associated with air and sea operations 

that support permissible travel, cargo, or 

trade, nothing in this paragraph 

authorizes a direct financial transaction 

prohibited by § 515.209. 

* * * * * 

■ 23. Amend § 515.590 by revising the 

introductory text to read as follows: 

§ 515.590 Certain grants, scholarships, 

and awards. 

The provision of grants, scholarships, 

or awards relating to the following 

activities to a Cuban national or in 

which Cuba or a Cuban national 

otherwise has an interest is authorized, 

provided that nothing in this section 

authorizes a direct financial transaction 

prohibited by § 515.209: 

* * * * * 

Dated: November 6, 2017. 

John E. Smith, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2017–24447 Filed 11–8–17; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0991] 

Drawbridge Operation Regulation; 

Hackensack River, Jersey City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Route 1 & 9 

(Lincoln Highway) Bridge across the 

Hackensack River, mile 1.8, at Jersey 

City, New Jersey. The deviation is 

necessary to restrict bridge openings 

during the morning and afternoon rush 

hour periods to alleviate vehicular 

traffic congestion resulting from area 

roadway closures. 

DATES: This deviation is effective from 

12:01 a.m. on November 13, 2017 until 

11:59 p.m. on April 1, 2018. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0991, is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Judy K. LeungYee, Bridge Management Specialist, 

First District Bridge Branch, U.S. Coast 

Guard; telephone 212–514–4336, email 

Judy.K.Leung-Yee@uscg.mil. 

SUPPLEMENTARY INFORMATION: The owner 

of the bridge, the New Jersey 

Department of Transportation, requested 

a temporary deviation in order to 

complete rehabilitation of the adjacent 

Pulaski Skyway Bridge. The Route 1 & 

9 Bridge across the Hackensack River, 

mile 1.8, at Jersey City, New Jersey is a 

vertical lift bridge with a vertical 

clearance of 35 feet at mean high water 

and 40 feet at mean low water in the 

closed position. The existing 

drawbridge operating regulations are 

listed at 33 CFR 117.5. 

On September 9, 2016, the Coast 

Guard published a temporary final rule 

entitled, ‘‘Drawbridge Operation 

Regulation; Route 1 & 9 (Lincoln 

Highway) Bridge, Hackensack River, 

Jersey City, NJ,’’ under docket number 

USCG–2016–0173, in the Federal 

Register (81 FR 62366). Under the 

temporary final rule, from October 11, 

2016 to September 30, 2017, the bridge 

was authorized not to open to vessel 

traffic between 6 a.m. and 10 a.m. and 

between 2 p.m. and 6 p.m., and tide 

dependent deep draft vessels could 

provide twelve hours advance notice for 

a bridge opening during rush hours. 

Due to unanticipated project delays, 

the New Jersey Department of 

Transportation has requested to 

continue to restrict the bridge opening 

of the Route 1 & 9 Bridge allowing for 

completion of adjacent Pulaski Skyway 

bridge rehabilitation. 

This temporary deviation will allow 

the Route 1 & 9 Bridge to open on signal 

from November 13, 2017 to April 1, 

2017, except that the draw will not open 

to vessel traffic between 6 a.m. and 10 

a.m. and between 2 p.m. and 6 p.m., 

Monday through Friday, except 

holidays. Tide dependent deep draft 

vessels may request bridge openings 

during the rush hour closure periods, 

provided that at least a twelve hour 

advance notice is given by calling the 

number posted at the bridge. The 

waterway is transited by recreational 

vessels and commercial vessels. 

Coordination with waterway users has 

indicated no objections to the proposed 

closure of the draw. Vessels able to pass 

through the bridge in the closed 

position may do so at anytime. The 

bridge will be able to open for 

emergencies. There is no alternate route 

for vessels to pass. The Coast Guard will 

also inform the users of the waterways 

through our Local and Broadcast 

Notices to Mariners of the change in 

operating schedule for the bridge so 

vessel operators may arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: November 6, 2017. 

Christopher J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2017–24376 Filed 11–8–17; 8:45 am] 

BILLING CODE 9110–04–P 


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