Exports to Cuba; Support for the Cuban People

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 746

[Docket No. 961015286-6286-01]

RIN 0694-AB43

Exports to Cuba; Support for the Cuban People

AGENCY: Bureau of Export Administration.

ACTION: Final rule.

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SUMMARY: On October 6, 1995, President Clinton announced several

changes to the administration of the Cuban embargo intended to promote

democratic change in Cuba. Accordingly, this final rule amends the

Export Administration Regulations by introducing a licensing review

policy for the approval, on a case-by-case basis, of certain exports to

human rights organizations, news bureaus, and individuals and non-

governmental organizations engaged in activities that promote

democratic activity in Cuba.

EFFECTIVE DATE: March 3, 1997.

FOR FURTHER INFORMATION CONTACT: Bruce Cromack, Office of Strategic

Trade and Foreign Policy Controls, Bureau of Export Administration,

Telephone: (202) 482-5537.

SUPPLEMENTARY INFORMATION:

Background

On October 6, 1995 the President announced new measures designed to

improve enforcement of the U.S. embargo against Cuba and to increase

support for the Cuban people. The measures would permit U.S. persons to

engage in new categories of transactions with eligible Cuban entities,

providing increased support for the Cuban people by facilitating

communications, and supporting human rights and democratic activities.

This rule is consistent with the Cuban Democracy Act of 1992 and the

Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996.

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, as extended by the President's notice of August 15, 1995 (60

FR 42767) and notice of August 14, 1996 (61 FR 42527).

Rulemaking Requirements

1. This final rule has been determined to be significant for

purposes of E.O. 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 0694-0021 and 0694-0088. Notwithstanding any

other provision of law, no person is required to respond to nor shall a

person be subject to a penalty for failure to comply with a collection

of information subject to the requirements of the Paperwork Reduction

Act unless that collection of information displays a currently valid

OMB Control Number.

3. This rule does not contain policies with Federalism implications

sufficient to warrant preparation of a Federalism assessment under

Executive Order 12612.

4. 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 (5 U.S.C. 553(a)(1)). Further, no other

law requires that a notice of proposed rulemaking and an opportunity

for public comment be given for this final rule. Because a notice of

proposed rulemaking and an opportunity for public comment are not

required to be given for this rule under 5 U.S.C. 553 or by any other

law, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601

et seq.) are not applicable.

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. Submit comments to Hillary Hess, Office

of Exporter Services, Regulatory Policy Division, Bureau of Export

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

20044.

List of Subjects in 15 CFR Part 746

Embargoes, Exports, Foreign trade, Reporting and recordkeeping

requirements.

Accordingly, part 746 of the Export Administration Regulations (15

CFR Parts 730-774) is amended as follows:

PART 746--[AMENDED]

1. The authority citation for 15 CFR part 746 continues to read as

follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;

22 U.S.C. 287c; 22 U.S.C. 6004; E.O. 12918, 59 FR 28205, 3 CFR, 1994

Comp., p. 899; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917;

Notice of August 15, 1995 (60 FR 42767, August 17, 1995); and Notice

of August 14, 1996 (61 FR 42527).

2. Section 746.2 is amended by adding paragraph (b)(4) to read as

follows:

Sec. 746.2 Cuba.

* * * * *

(b) * * *

(4) Applications for licenses may be approved, on a case-by-case

basis, for certain exports to Cuba intended to provide support for the

Cuban people, as follows:

(i) Applications for licenses for exports of certain commodities

and software may be approved to human rights organizations, or to

individuals and non-governmental organizations that promote independent

activity intended to strengthen civil society in Cuba when such exports

do not give rise to U.S. national security or counter-terrorism

concerns. Examples of such commodities include fax machines, copiers,

computers (e.g., 486-level/CTP of 24.8 MTOPS or less), business/office

software, document scanning equipment, printers, typewriters, and other

office or office communications

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equipment. Applicants may donate or sell the commodities or software to

be exported. Reexport to other end-users or end-uses is not authorized.

(ii) Commodities and software may be approved for export to U.S.

news bureaus in Cuba whose primary purpose is the gathering and

dissemination of news to the general public. In addition to the

examples of commodities and software listed in paragraph (b)(4)(i) of

this section, certain telecommunications equipment necessary for the

operation of news organizations (e.g., 33M bit/s data signaling rate or

less) may be approved for export to U.S. news bureaus.

* * * * *

Dated: February 26, 1997.

Sue E. Eckert,

Assistant Secretary for Export Administration.

[FR Doc. 97-5169 Filed 2-28-97; 8:45 am]

BILLING CODE 3510-33-P