31 CFR 515.559 - Certain transactions by U.S.-owned or controlled foreign firms with Cuba.

§ 515.559 Certain transactions by U.S.-owned or controlled foreign firms with Cuba.
(a) Effective October 23, 1992, no specific licenses will be issued pursuant to paragraph (b) of this section for transactions between U.S.-owned or controlled firms in third countries and Cuba for the exportation to Cuba of commodities produced in the authorized trade zone or for the importation of goods of Cuban origin into countries in the authorized trade zone, unless, in addition to meeting all requirements of paragraph (b), one or more of the following conditions are satisfied:
(1) The contract underlying the proposed transaction was entered into prior to October 23, 1992;
(2) The transaction is for the exportation of medicine or medical supplies from a third country to Cuba, which shall not be restricted:
(i) Except to the extent such restrictions would be permitted under section 5(m) of the Export Administration Act of 1979 or section 203(b)(2) of the International Emergency Economic Powers Act if the exportation were subject to these provisions;
(ii) Except in a case in which there is a reasonable likelihood that the item to be exported will be used for purposes of torture or other human rights abuses;
(iii) Except in a case in which there is a reasonable likelihood that the item to be exported will be reexported; or
(iv) Except in a case in which the item to be exported could be used in the production of any biotechnological product; and
(v) Except in a case where it is determined that the United States Government is unable to verify, by on-site inspection or other means, that the item to be exported will be used for the purpose for which it was intended and only for the use and benefit of the Cuban people, but this exception shall not apply to donations for humanitarian purposes to a nongovernmental organization in Cuba.
(3) The transaction is for the exportation of telecommunications equipment from a third country, when the equipment is determined to be necessary for efficient and adequate telecommunications service between the United States and Cuba.
(b) Specific licenses will be issued in appropriate cases for certain categories of transactions between U.S.-owned or controlled firms in third countries and Cuba, where local law requires, or policy in the third country favors, trade with Cuba. The categories include:
(1) Exportation to Cuba of commodities produced in the authorized trade territory, provided:
(i) The commodities to be exported are non-strategic;
(ii) United States-origin technical data (other than maintenance, repair and operations data) will not be transferred;
(iii) If any U.S.-origin parts and components are included therein, such inclusion has been authorized by the Department of Commerce;
(iv) If any U.S.-origin spares are to be reexported to Cuba in connection with a licensed transaction, such reexport has been authorized by the Department of Commerce;
(v) No U.S. dollar accounts are involved; and
(vi) Any financing or other extension of credit by a U.S.-owned or controlled firm is granted on normal short-term conditions which are appropriate for the commodity to be exported.
(2) Travel-related transactions set forth in § 515.560(c) and other transactions that are directly incident to marketing, sales negotiation, accompanied delivery, or servicing of exports that are consistent with the licensing policy under this section.
(3) Importation of goods of Cuban origin into countries in the authorized trade territory.
Note to paragraph (b):
On October 23, 1992, sections 1705 and 1706 of the Cuban Democracy Act of 1992, Pub. L. 102-484 (Oct. 23, 1992) (codified at 22 U.S.C. 6004 and 6005, respectively), prohibited OFAC from issuing licenses for any transaction described in this paragraph other than those transactions currently set forth in paragraph (a).
(c) The term strategic goods means any item, regardless of origin, of a type included in the Commodity Control List of the U.S. Department of Commerce (15 CFR part 399) and identified by the code letter “A” following the Export Control Commodity Numbers, or of a type the unauthorized exportation of which from the United States is prohibited by regulations issued under the Arms Export Control Act of 1976, 22 U.S.C. 2778, or under the Atomic Energy Act of 1954, 42 U.S.C. 2011, et seq., or successor acts restricting the export of strategic goods.
Note to § 515.559:
For reexportation of U.S.-origin goods, wares, or merchandise by U.S.-owned or controlled foreign firms, see § 515.533. Transactions by U.S.-owned or controlled foreign firms directly incident to the exportation of information or informational materials or the donation of food to nongovernmental entities or individuals in Cuba are exempt from the prohibitions of this part. See § 515.206. For the waiver of the prohibitions contained in § 515.207 with respect to vessels transporting shipments of goods, wares, or merchandise pursuant to this section, see § 515.550.
[40 FR 47108, Oct. 8, 1975, as amended at 42 FR 1472, Jan. 7, 1977; 42 FR 16621, Mar. 29, 1977; 50 FR 27438, July 3, 1985; 53 FR 47527, Nov. 23, 1988; 58 FR 34710, June 29, 1993; 64 FR 25814, May 13, 1999; 66 FR 36687, July 12, 2001; 68 FR 14146, Mar. 24, 2003]

Title 31 published on 2013-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 18 - CRIMES AND CRIMINAL PROCEDURE
U.S. Code: Title 22 - FOREIGN RELATIONS AND INTERCOURSE
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 50, APPENDIX - WAR AND NATIONAL DEFENSE

50a U.S. Code Rule - Designation of Act

50a U.S. Code Rule - Definitions

50a U.S. Code Rule - Acts prohibited

50a U.S. Code Rule - Licenses to enemy or ally of enemy insurance or reinsurance companies; change of name; doing business in United States

50a U.S. Code Rule - Suspension of provisions relating to ally of enemy; regulation of transactions in foreign exchange of gold or silver, property transfers, vested interests, enforcement and penalties

50a U.S. Code Rule - Alien Property Custodian; general powers and duties

50a U.S. Code Rule - Incurment of expenses by Office of Alien Property Custodian

50a U.S. Code Rule - Omitted

50a U.S. Code Rule - Lists of enemy or ally of enemy officers, directors or stockholders of corporations in United States; acts constituting trade...voluntary payment to custodian by holder; acts under order, rule, or regulation

50a U.S. Code Rule - Contracts, mortgages, or pledges against or with enemy or ally of enemy; abrogation of contracts; suspension of limitations

50a U.S. Code Rule - Claims to property transferred to custodian; notice of claim; filing; return of property; suits to recover; sale of claimed property in time of war or during national emergency

50a U.S. Code Rule - Acts permitted; applications for patents, or registration of trade-marks or copyrights; payment of tax in relation...against licensees; restraining infringements; powers of attorney; keeping secret inventions

50a U.S. Code Rule - Importations prohibited

50a U.S. Code Rule - Property transferred to Alien Property Custodian

50a U.S. Code Rule - Statements by masters of vessels and owners of cargoes before granting clearances

50a U.S. Code Rule - False manifest; refusal of clearance; reports of gold or silver coin in cargoes for export

50a U.S. Code Rule - Omitted

50a U.S. Code Rule - Offenses; punishment; forfeitures of property

50a U.S. Code Rule - Rules by district courts; appeals

50a U.S. Code Rule - Jurisdiction of courts of Philippines and Canal Zone of offenses

50a U.S. Code Rule - Print, newspaper or publication in foreign languages

50a U.S. Code Rule - Fees of agents, attorneys, or representatives

50a U.S. Code Rule - Claims of naturalized citizens as affected by expatriation

50a U.S. Code Rule - Fugitives from justice barred from recovery

50a U.S. Code Rule - Payment of income, etc., by Alien Property Custodian

50a U.S. Code Rule - Payment of taxes and expenses by Alien Property Custodian

50a U.S. Code Rule - Investments by Custodian in participating certificates issued by Secretary of the Treasury; transfers to and payments from German, Austrian or Hungarian special deposit accounts; allocation of payments

50a U.S. Code Rule - Allocation of “unallocated interest fund”

50a U.S. Code Rule - Return by Custodian, to United States, of payments under licenses, assignments or sales of patents

50a U.S. Code Rule - “Unallocated interest fund” defined

50a U.S. Code Rule - Waiver by Custodian of demand for property; acceptance of less amount; approval of Attorney General

50a U.S. Code Rule - Attachment or garnishment of funds or property held by Custodian

50a U.S. Code Rule - “Member of the former ruling family” defined

50a U.S. Code Rule - Return of property

50a U.S. Code Rule - Notice of claim; institution of suits; computation of time

50a U.S. Code Rule - Payment of debts

50a U.S. Code Rule - Hearings on claims; rules and regulations; delegation of powers

50a U.S. Code Rule - Taxes

50a U.S. Code Rule - Insurance of property

50a U.S. Code Rule - Shipment of relief supplies; definitions

50a U.S. Code Rule - Retention of properties or interests of Germany and Japan and their nationals; proceeds covered into Treasury; ex gratia payment to Switzerland

50a U.S. Code Rule - Intercustodial conflicts involving enemy property; authority of President to conclude; delegation of authority

50a U.S. Code Rule - Divestment of estates, trusts, insurance policies, annuities, remainders, pensions, workmen’s compensation and veterans’ benefits; exceptions; notice of divestment

50a U.S. Code Rule - Claims for proceeds from sale of certain certificates: jurisdiction, limitations; divestment of copyrights: “copyrights” defined,...interests, payment of royalties to Attorney General, suits for infringement

50a U.S. Code Rule - Divestment of trademarks

50a U.S. Code Rule - Motion picture prints, transfer of title

Statutes at Large
Presidential Documents

Executive Order ... 9193

Executive Order ... 9989

Executive Order ... 12854

Proclamation ... 3447