[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14727]
[[Page Unknown]]
[Federal Register: June 17, 1994]
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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.
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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 Sec. 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
Sec. 515.417 [Removed]
2. Section 515.417 is removed and reserved.
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
Sec. 515.566 [Amended]
3. In Sec. 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:
Sec. 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:
Sec. 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
