[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71530-71531]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29100]
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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
authorize the processing of funds transfers for the operating expenses
or other official business of third-country diplomatic or consular
missions in Cuba. OFAC also is amending the Cuban Assets Control
Regulations to authorize certain payments for services rendered by Cuba
to United States aircraft that currently require the issuance of a
specific license.
DATES: Effective Date: December 3, 2012.
FOR FURTHER INFORMATION CONTACT: Assistant Director for Sanctions
Compliance & Evaluation, tel.: 202/622-2490, Assistant Director for
Licensing, tel.: 202/622-2480, Assistant Director for Policy, tel.:
202/622-4855, Office of Foreign Assets Control, or Chief Counsel
(Foreign Assets Control), tel.: 202/622-2410, Office of the General
Counsel, Department of the Treasury (not toll free numbers).
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning OFAC are
available from OFAC's Web site (www.treasury.gov/ofac). Certain general
information pertaining to OFAC's sanctions programs also is available
via facsimile through a 24-hour fax-on-demand service, tel.: 202/622-
0077.
Background
The U.S. Government issued the Cuban Assets Control Regulations, 31
CFR part 515 (the ``CACR''), on July 8, 1963, under the Trading With
the Enemy Act (50 U.S.C. App. 5 et seq.). Section 515.201 of the CACR
prohibits, inter alia, all transfers of credit and all payments in
which Cuba or a Cuban national has any interest of any nature
whatsoever, direct or indirect, between, by, through, or to any banking
institution wheresoever located, with respect to any property subject
to the jurisdiction of the United States or by any person subject to
the jurisdiction of the United States.
OFAC is amending the CACR to authorize the processing of funds
transfers for the operating expenses or other official business of
third-country diplomatic or consular missions in Cuba. OFAC also is
amending the CACR to authorize certain payments for services rendered
by Cuba to United States aircraft.
Third-country diplomatic and consular funds transfers. To ensure
that the prohibitions in the CACR do not impede third-country
diplomatic or consular activities in Cuba, OFAC is adding new section
515.579 to the CACR. This new section authorizes the processing of
funds transfers otherwise prohibited by the CACR for the operating
expenses or other official business of third-country diplomatic or
consular missions in Cuba.
Services rendered by Cuba to United States aircraft. OFAC is
amending section 515.548 of the CACR to add a general license
authorizing payments in connection with overflights of Cuba or
emergency landings in Cuba by United States aircraft. Prior to this
amendment, such payments required the issuance of a specific license.
Public Participation
Because the amendment of the CACR involves a foreign affairs
function, the provisions of Executive Order 12866 of September 30,
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 CACR are contained in
31 CFR part 501 (the ``Reporting, Procedures and Penalties
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44
U.S.C. 3507), those collections of information have been approved by
the Office of Management and Budget under control number 1505-0164. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number.
List of Subjects in 31 CFR Part 515
Aircraft, Banks, Banking, Cuba, Currency, Diplomatic and consular
missions, Emergency landings, Overflights.
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
0
1. The authority citation for part 515 continues to read as follows:
Authority: 18 U.S.C. 2332d; 22 U.S.C. 2370(a), 6001-6010, 7201-
7211; 31 U.S.C. 321(b); 50 U.S.C. App 1-44; Pub. L. 101-410, 104
Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104-114, 110 Stat. 785 (22
U.S.C. 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 E--Licenses, Authorizations, and Statements of Licensing
Policy
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2. Revise Sec. 515.548 to read as follows:
Sec. 515.548 Services rendered by Cuba to United States aircraft.
Payment to Cuba of charges for services rendered by Cuba in
connection with overflights of Cuba or emergency landings in Cuba by
aircraft registered in the United States or owned or controlled by, or
chartered to, persons
[[Page 71531]]
subject to U.S. jurisdiction is authorized.
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3. Add new Sec. 515.579 to subpart E to read as follows:
Sec. 515.579 Third-country diplomatic and consular funds transfers.
Depository institutions, as defined in Sec. 515.333, are
authorized to process funds transfers for the operating expenses or
other official business of third-country diplomatic or consular
missions in Cuba.
Dated: November 26, 2012.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. 2012-29100 Filed 11-30-12; 8:45 am]
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