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- Federal Register
- Vol. 59, No. 116
- Friday, June 17, 1994
-
- DEPARTMENT OF THE TREASURY
-
- Office of Foreign Assets Control
-
- 31 CFR Part 515
-
- Cuban Assets Control Regulations; Flight Times; Civil Penalties
-
- AGENCY: Office of Foreign Assets Control, Treasury.
-
- ACTION: Final rule; amendments.
-
- SUMMARY: This rule amends the Cuban Assets Control Regulations to eliminate
- the requirement that planes flying between Cuba and the United States arrive
- and depart during the normal business hours of the U.S. Customs Service. In
- addition, an interpretive section is removed. The regulatory section on civil
- penalty authority is expanded to include references to the Cuban Democracy
- Act, and a regulatory reference is corrected.
-
- EFFECTIVE DATE: June 13, 1994.
-
- FOR FURTHER INFORMATION CONTACT: Steven I. Pinter, Chief of Licensing (tel.:
- 202/622─2480), or William B. Hoffman, Chief Counsel (tel.: 202/622─2410),
- Office of Foreign Assets Control, Department of the Treasury, Washington, D.C.
- 20220.
-
- SUPPLEMENTARY INFORMATION:
-
- Electronic Availability:
-
- This document is available as an electronic file on The Federal Bulletin Board
- the day of the publication in the Federal Register. By modem dial 202/512─1387
- or call 202/515─1530 for disks or paper copies. This file is available in
- Postscript, WordPerfect 5.1 and ASCII.
-
- Background
-
- The Office of Foreign Assets Control is amending the Cuban Assets Control
- Regulations, 31 C.F.R. part 515 (the "Regulations"), to eliminate the
- requirement that the arrival and departure of planes providing travel between
- Cuba and the United States occur during the normal business hours of the U.S.
- Customs Service. This change is being effected to allow greater flexibility in
- arranging for authorized flights to Cuba. In addition, the Regulations are
- being amended to add references to the Cuban Democracy Act, 22 U.S.C.
- 6001─6010, and to correct an error in 515.701. Section 515.417 is removed.
-
- Because this rule 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, 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.
-
- List of Subjects in 31 CFR Part 515
-
- Administrative practice and procedure, Air carriers, Communist countries,
- Cuba, Currency, Exports, Fines and penalties, Foreign investment in the United
- States, Foreign trade, Imports, Informational materials, Publications,
- Reporting and recordkeeping requirments, Securities, Shipping, Travel and
- transportation expenses, Travel restrictions, Trusts and estates, Vessels
-
- PART 515 CUBAN ASSETS CONTROL REGULATIONS
-
- For the reasons set forth in the preamble, 31 CFR part 515 is amended as set
- forth below:
-
- 1. The authority citation for part 515 is revised to read as follows:
-
- Authority: 50 U.S.C. App. 1─44; 22 U.S.C. 6001─6010; 22 U.S.C. 2370(a); Proc.
- 3447, 3 CFR, 1959─1963 Comp., p. 157; E.O. 9193, 3 CFR, 1938─1943 Comp., p.
- 1174; E.O. 9989, 3 CFR, 1943─1948 Comp., p. 748; E.O. 12854, 58 FR 36587, July
- 7, 1993.
-
- Subpart D Interpretations
-
- 515.417 [Removed]
-
- 2. Section 515.417 is removed and reserved.
-
- Subpart E Licenses, Authorizations, and Statements of Licensing Policy
-
- 515.566 [Amended]
-
- 3. In 515.566, paragraph (f) is removed.
-
- Subpart G Penalties
-
- 4. Section 515.701 is amended by revising paragraphs (a)(4) and (5), adding
- paragraph (a)(6), redesignating paragraph (b) as paragraph (c), and adding
- paragraph (b) to read as follows:
-
- 515.701 Penalties.
-
- (a) * * *
-
- (4) Any property, funds, securities, paper, or other articles or documents, or
- any vessel, together with its tackle, apparel, furniture, and equipment, that
- is the subject of a civil penalty issued pursuant to paragraph (a)(3) of this
- section shall, at the discretion of the Secretary of the Treasury, be
- forfeited to the United States Government.
-
- (5) The penalties described in paragraphs (a)(3) and (4) of this section may
- not be imposed for:
-
- (i) newsgathering, research, or the export or import of, or transmission of
- information or informational materials; or
-
- (ii) for clearly defined educational or religious activities, or activities of
- recognized human rights organizations, that are reasonably limited in
- frequency, duration, and number of participants.
-
- Persons who engage in prohibited transactions related to the activities
- described in this paragraph may be subject to criminal penalties or other
- penalties as appropriate.
-
- (6) The penalties provided in the Trading with the Enemy Act are subject to
- increase pursuant to 18 U.S.C. 3571.
-
- (b) Attention is directed to 22 U.S.C. 6009, which provides that penalties set
- forth in section 16 of the Trading with the Enemy Act shall apply to
- violations of the Cuban Democracy Act to the same extent that such penalties
- apply to violations of the Trading with the Enemy Act.
-
- (c) * * *
-
- 5.Section 515.702 is amended by revising paragraph (a) to read as follows:
-
- 515.702 Prepenalty Notice.
-
- (a) When required: If the Director of the Office of Foreign Assets Control has
- reasonable cause to believe that there has occurred a violation of any
- provision of this part or a violation of the provisions of any license,
- ruling, regulation, order, direction or instruction issued by or pursuant to
- the direction or authorization of the Secretary of the Treasury pursuant to
- this part or otherwise under the Trading with the Enemy Act or the Cuban
- Democracy Act, and the Director determines that further proceedings are
- warranted, he shall issue to the person concerned a notice of his intent to
- impose a monetary penalty and/or forfeiture. The prepenalty notice shall be
- issued whether or not another agency has taken any action with respect to this
- matter.
-
- * * * * *
-
- Dated: May 31, 1994
-
- Steven I. Pinter,
-
- Acting Director, Office of Foreign Assets Control.
-
- Approved: June 3, 1994
-
- R. Richard Newcomb,
-
- Acting Deputy Assistant Secretary (Law Enforcement).
-
- [FR Doc. 94─14727 Filed 6─13─94; 4:33 pm]
-
- BILLING CODE 4810─25─F
-
-
-