Exports to Cuba: General License GIFT

SUMMARY: The Bureau of Export Administration (BXA) is amending the

Export Administration Regulations (EAR) to reflect the President's

August 20, 1994 statement of his decision to limit general license

eligibility for gift parcels to Cuba to food, medicine and strictly

humanitarian items.

EFFECTIVE DATE: This rule is effective August 30, 1994.

FOR FURTHER INFORMATION CONTACT:

John Bolsteins, Office of Technology and Policy Analysis, Bureau of

Export Administration, Telephone: (202) 482-4252.

SUPPLEMENTARY INFORMATION:

Background

The Bureau of Export Administration (BXA) is amending Sec. 771.18

of the Export Administration Regulations (EAR) to restrict exports to

Cuba under General License GIFT to food, vitamins, seeds, medicines,

medical supplies and devices, hospital supplies and equipment,

equipment for the handicapped, clothing, personal hygiene items,

veterinary medicines and supplies, fishing equipment and supplies,

soap-making equipment, certain radio equipment, and batteries for such

equipment.

Commodities not eligible for export to Cuba under General License

GIFT must be authorized either under the Humanitarian License Procedure

(Sec. 773.5) or under an individual validated license.

This action does not affect the continued general license

eligibility of informational materials, as described in General License

GTDA (Sec. 779.3) and Export Control Classification Number (ECCN) 0A98I

in the Commodity Control List (CCL) (Supplement No. 1 to Sec. 799.1).

Although the Export Administration Act (EAA) expired on August 20,

1994, the President invoked the International Emergency Economic Powers

Act and continued in effect, to the extent permitted by law, the

provisions of the EAA and the EAR in Executive Order 12924 of August

19, 1994.

Savings Clause

Shipments of items removed from general license GIFT authorization

as a result of this regulatory action may be exported under the

previous general license provisions up to and including September 13,

1994. Any such items not actually exported before midnight September

13, 1994, require a validated export license in accordance with this

regulation.

Rulemaking Requirements

1. This final rule has been determined to be not significant for

purposes of Executive Order 12866.

2. This rule involves collections of information subject to the

Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These

collections have been approved by the Office of Management and Budget

under control numbers 0694-0005, 0694-0010 and 0694-0033.

3. This rule does not contain policies with Federalism implications

sufficient to warrant preparation of a Federalism assessment under

Executive Order 12612.

4. Because a notice of proposed rulemaking and an opportunity for

public comment are not required to be given for this rule by section

553 of the Administrative Procedure Act (5 U.S.C. 553) or by any other

law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C.

603(a) and 604(a)) no initial or final Regulatory Flexibility Analysis

has to be or will be prepared.

5. The provisions of the Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed rulemaking, the opportunity for

public participation, and a delay in effective date, are inapplicable

because this regulation involves a military and foreign affairs

function of the United States. Further, no other law requires that a

notice of proposed rulemaking and an opportunity for public comment be

given for this rule.

Therefore, this regulation is issued in final form. Although there

is no formal comment period, public comments on this regulation are

welcome on a continuing basis. Comments should be submitted to Sharron

Cook, Office of Technology and Policy Analysis, Bureau of Export

Administration, Department of Commerce, P.O. Box 273, Washington, DC

20044.

List of Subjects in 15 CFR Part 771

Exports, Reporting and recordkeeping requirements.

Accordingly, Part 771 of the Export Administration Regulations (15

CFR Parts 730-799) is amended as follows:

1. The authority citation for 15 CFR Part 771 is revised to read as

follows:

Authority: 50 U.S.C. App. 5, as amended; Pub. L. 264, 59 Stat.

619 (22 U.S.C. 287c), as amended; Pub. L. 90-351, 82 Stat. 197 (18

U.S.C. 2510 et seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat.

576 (30 U.S.C. 185), as amended; sec. 103, Pub. L. 94-163, 89 Stat.

877 (42 U.S.C. 6212), as amended; secs. 201 and 201(11)(e), Pub. L.

94-258, 90 Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub.

L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242,

92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208,

Pub. L. 95-372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93

Stat. 503 (50 U.S.C. App. 2401 et seq.), as amended; sec. 125, Pub.

L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); Pub. L. 102-484, 106 Stat.

2575 (22 U.S.C. 6004); E.O. 11912 of April 13, 1976 (41 FR 15825,

April 15, 1976); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7,

1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16,

1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O.

12735 of November 16, 1990 (55 FR 48587, November 20, 1990), as

continued by Notice of November 12, 1993 (58 FR 60361, November 15,

1993); E.O. 12851 of June 11, 1993 (58 FR 33181, June 15, 1993);

E.O. 12867 of September 30, 1993 (58 FR 51747, October 4, 1993);

E.O. 12868 of September 30, 1993 (58 FR 51749, October 4, 1993); E.O

12918 of May 26, 1994 (59 FR 28205, May 31, 1994); and E.O. 12924 of

August 19, 1994 (59 FR 43437 of August 23, 1994).

PART 771--[AMENDED]

2. Section 771.18 is amended by revising paragraph (b)(1)(ii) to

read as follows:

Sec. 771.18 General License GIFT; Shipments of gift parcels.

* * * * *

(b) * * *

(1) * * *

(ii) Normally sent as gifts, and in quantities normally given as

gifts between individuals, as follows:

(A) For Cuba, the only gifts that may be included are the following

items from Supplement No. 7 to Part 773 of this subchapter: food,

vitamins, seeds, medicines, medical supplies and devices, hospital

supplies and equipment, equipment for the handicapped, clothing,

personal hygiene items, veterinary medicines and supplies, fishing

equipment and supplies, soap-making equipment, and in addition receive-

only radio equipment for reception of commercial/civil AM/FM and short

wave publicly available frequency bands, and batteries for such

equipment.

(B) For all other destinations, goods eligible for GIFT shipments

include all items described in paragraph (b)(1)(ii)(A) of this section

as well as all other items normally sent as gifts. Gold bullion, gold

taels, and gold bars are prohibited as are items intended for resale.

Example. A watch or piece of jewelry is normally sent as a gift.

However, multiple watches, either in one package or in subsequent

shipments, would not qualify for GIFT because the quantity exceeds that

normally given between individuals. Similarly, a sewing machine or

bicycle, within the dollar limits of this general license, may be an

appropriate gift. However, subsequent shipments of the same item to the

same donee would not be a gift normally given between individuals.

(C) For purposes of paragraph (b)(1)(ii) of this section, clothing

is appropriate, except that export of military wearing apparel to

Country Group Q, S, W, Y, or Z under this general license is

specifically prohibited, regardless of whether all distinctive U.S.

military insignia, buttons, and other markings are removed.

* * * * *

Dated: August 25, 1994.

Iain S. Baird,

Deputy Assistant Secretary for Export Administration.

[FR Doc. 94-21446 Filed 8-26-94; 11:00 am]

BILLING CODE 3510-DT-P