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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: March 24, 2003 (Volume 68, Number 56)]
[Rules and Regulations]               
[Page 14141-14148]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr03-8]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 515

 
Cuban Assets Control Regulations: Family and Educational Travel-
Related Transactions, Remittances of Inherited Funds, Activities of 
Cuban Nationals in the United States, Support for the Cuban People, 
Humanitarian Projects, and Technical Amendments

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Interim final rule; amendments.

-----------------------------------------------------------------------

SUMMARY: The Office of Foreign Assets Control of the U.S. Department of 
the Treasury is amending the Cuban Assets Control Regulations, part 515 
of chapter V of 31 CFR, to implement the President's Initiative for a 
New Cuba and to make certain technical changes and clarifications.

DATES: Effective Date: March 24, 2003.
    Comments: Written comments must be received no later than May 23, 
2003.

ADDRESSES: Comments may be sent either via regular mail to the Chief of 
Records, ATTN Request for Comments, Office of Foreign Assets Control, 
Department of the Treasury, 1500 Pennsylvania Ave. NW., Washington, DC 
20220, or via OFAC's Web site (http://www.treas.gov/ofac).

20220, or via OFAC's Web site (http://www.treas.gov/ofac).


FOR FURTHER INFORMATION CONTACT: Chief of Licensing, tel.: 202/622-
2480, or Chief Counsel, tel.: 202/622-2410, Office of Foreign Assets 
Control, Department of the Treasury, Washington, DC 20220.

SUPPLEMENTARY INFORMATION:

Electronic Availability

    This document is available as an electronic file on The Federal 
Bulletin Board the day of publication in the Federal Register. By 
modem, dial 202/512-1387 and type ``/GO FAC,'' or call 202/512-1530 for 
disk or paper copies. This file is available for downloading without 
charge in ASCII and Adobe Acrobat7 readable (*.PDF) formats. For 
Internet access, the address for use with the World Wide Web (Home 
Page), Telnet, or FTP protocol is: fedbbs.access.gpo.gov. This document 
and additional information concerning the programs of the Office of 
Foreign Assets Control are available for downloading from the Office's 
Internet Home Page: http://www.treas.gov/ofac, or in fax form through 

Internet Home Page: http://www.treas.gov/ofac, or in fax form through 

the Office's 24-hour fax-on-demand service: call 202/622-0077 using a 
fax machine, fax modem, or (within the United States) a touch-tone 
telephone.

Background

    On May 20, 2002, President Bush announced his Initiative for a New 
Cuba to encourage freedom within Cuba, make life better for the Cuban 
people, and give the Cuban people greater control of their economic and 
political destiny. Among other steps, the President announced that the 
United States would ease restrictions on humanitarian assistance that 
directly serves the needs of the Cuban people and helps build Cuban 
civil society and would offer scholarships for Cuban professionals and 
students who are trying to build independent civil institutions in 
Cuba. The Office of Foreign Assets Control (``OFAC'') of the U.S. 
Department of the Treasury is publishing this interim final rule 
amending the Cuban Assets Control Regulations, 31 CFR part 515 (the 
``Regulations''), to assist in implementing these and other steps in 
the President's Initiative for a New Cuba. These amendments also make 
certain corrections to and provide certain clarifications of the 
Regulations.
    Clarification and expansion of visits to close relatives in Cuba. 
These amendments clarify and expand the authorization of travel-related 
transactions incident to visiting close relatives in Cuba. 
Specifically, the general license in paragraph (a) of Sec.  515.561 
authorizing such transactions on an annual basis is amended to clarify 
that it may be used to visit only those close relatives who qualify as 
nationals of Cuba and not to visit those who are engaging in 
transactions in Cuba pursuant to an OFAC license (such as U.S. students 
authorized to engage in coursework in Cuba). Visits to persons in Cuba 
who are not Cuban nationals are now addressed in amended paragraph (c), 
discussed below.
    Paragraph (a) of Sec.  515.561 is also modified to authorize 
``additional travel-related transactions that are

[[Page 14142]]

[ ... ]

Subpart E--Licenses, Authorizations, and Statement of Licensing Policy 6. Revise Sec. 515.505 to read as follows: Sec. 515.505 Certain Cuban nationals unblocked; transactions of Cuban nationals paroled into the United States. (a) General license unblocking certain persons. The following persons are licensed as unblocked nationals, as that term is defined in Sec. 515.307 of this part: (1) Any individual who: (i) Has taken up residence in the United States; (ii) Is a United States citizen, a permanent resident alien of the United States, or has applied to become a permanent resident alien of the United States and has an adjustment of status application pending; and (iii) Is not a specially designated national; and (2) Any entity that otherwise would be a national of Cuba solely because of the interest therein of an individual licensed in paragraph (a)(1) of this section as an unblocked national. Note to paragraph (a): An individual unblocked pursuant to this paragraph does not become blocked again by leaving the United States unless he or she becomes domiciled or a permanent national of Cuba or otherwise becomes a specially designated national. (b) Specific licenses unblocking individuals permanently resident in third countries. Individual nationals of Cuba who have taken up permanent residence in the authorized trade territory may apply to the Office of Foreign Assets Control to be specifically licensed as unblocked nationals. Applications for specific licenses under this paragraph should include at least two of the following documents issued by the government authorities of the new country of permanent residence: Passport; voter registration card; permanent resident alien card; or national identity card. Other documents tending to show residency, such as income tax returns, also may be submitted in support of government documentation, but are not themselves sufficient. Note to paragraph (b): An individual unblocked pursuant to this paragraph does not become blocked again by leaving the United States unless he or she becomes domiciled or a permanent national of Cuba or otherwise becomes a specially designated national. (c) General license authorizing certain transactions of individuals paroled into the United States. An individual national of Cuba who has been paroled into the United States is authorized to engage in all transactions available to unblocked nationals, as that term is defined in Sec. 515.307 of this part, except that all property in which the individual has an interest and that was blocked pursuant to this part prior to the date on which parole was granted shall remain blocked. Such an individual is further authorized to withdraw a total amount not to exceed $250 in any one calendar month from any blocked accounts held in the individual's name. (d) The licensing of any person pursuant to this section shall not suspend the requirements of any section of this chapter relating to the maintenance or production of records. (e) The following examples illustrate the application of this section: (1) Example 1: A national of Cuba with a blocked U.S. bank account receives a U.S immigration visa. Upon arrival in the United States, she is issued a permanent resident alien card and thereby is licensed as an unblocked national pursuant to paragraph (a) of this section. She can apply immediately to OFAC for a specific license to have her bank account unblocked. (2) Example 2: A national of Cuba with a blocked U.S. bank account arrives in the United States without a valid visa and is paroled into the United States. One year later, he applies for and receives permanent resident alien status. From the date he is paroled into the United States until the date he applies for permanent resident alien status, he qualifies for the general license contained in paragraph (c) of this section. During this time he can engage in all transactions as if he is an unblocked national, but he cannot gain access to his blocked bank account other than to withdraw $250 each month. Beginning with his application to become a permanent resident alien, he is licensed as an unblocked national pursuant to paragraph (a) of this section. At this time, he can apply to OFAC for a specific license to have his bank account unblocked. (3) Example 3: A national of Cuba with a blocked U.S. bank account arrives in the United States on a temporary visa valid for six months. After her visa expires, she remains in the United States for an additional six months and then applies to become a permanent resident alien. She has an adjustment of status application pending until she receives permanent resident alien status one year later. From her arrival in the United States until her application for permanent resident alien status, she does not qualify for any of the authorizations contained in this section. Instead, she is authorized by Sec. 515.571 only to engage in transactions ordinarily incident to her travel and maintenance in the United States and to withdraw $250 each month from her blocked account to cover her living expenses. Beginning with her application to become a permanent resident alien, she is licensed as an unblocked national pursuant to paragraph [[Page 14146]] (a) of this section. At this time, she can apply to OFAC for a specific license to have her bank account unblocked. Note to Sec. 515.505: See Sec. 515.571 for the authorization of certain limited transactions incident to travel to, from, and within the United States by Cuban nationals who enter the United States on a non-immigrant visa or other non-immigrant travel authorization issued by the State Department.

[ ... ]



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