Subject: Fwd: TREASURY AND COMMERCE ANNOUNCE FURTHER AMENDMENTS TO THE CUBA SANCTIONS REGULATIONS
From: "Eric Schwerin" <[email-masked]>
To: "Hunter Biden" <[email-masked]>
Date: Fri, 18 Sep 2015 10:16:28 -0400

Eric D. Schwerin
[email-masked]

Sent from my iPhone

Begin forwarded message:

*From:* [email-masked]
*Date:* September 18, 2015 at 10:08:20 AM EDT
*To:* Eric Schwerin <[email-masked]>
*Subject:* *Re: TREASURY AND COMMERCE ANNOUNCE FURTHER AMENDMENTS TO THE
CUBA SANCTIONS REGULATIONS*

I hope so. We are standing by. Thank you for following up!!!

Michael Karloutsos
(215) 806 2311
*From: *Eric Schwerin
*Sent: *Friday, September 18, 2015 10:00 AM
*To: *Michael Karloutsos
*Subject: *Fwd: TREASURY AND COMMERCE ANNOUNCE FURTHER AMENDMENTS TO THE
CUBA SANCTIONS REGULATIONS

Michael-

I believe this will get things moving more quickly on your front.

Will let you know more as I hear it.

Best,

Eric

Eric D. Schwerin
[email-masked]

Sent from my iPhone

*From*: U.S. Department of the Treasury [
mailto:[email-masked]
<[email-masked]>]
*Sent*: Friday, September 18, 2015 09:00 AM
*Subject*: TREASURY AND COMMERCE ANNOUNCE FURTHER AMENDMENTS TO THE CUBA
SANCTIONS REGULATIONS

*U.S. Treasury Department **Office of Public Affairs*

*FOR IMMEDIATE RELEASE: September 18, 2015*

*CONTACT:  Betsy Bourassa, Treasury Public Affairs (202) 622-2960*

*TREASURY AND COMMERCE ANNOUNCE*

*FURTHER AMENDMENTS TO THE CUBA SANCTIONS REGULATIONS*

*Amendments Further Implement President Obama’s 2014 Announcement*

*Related to the Easing of Cuba Sanctions*

*WASHINGTON* – Today, the Department of the Treasury and the Department of
Commerce are announcing additional revisions to the Cuban Assets Control
Regulations (CACR) and Export Administration Regulations (EAR), building
off the changes put into place by Treasury and Commerce on January 16, 2015
and further delivering on the new direction toward U.S. relations with Cuba
that President Obama laid out last December.  The changes, consistent with
the President’s December announcement, will take effect on Monday,
September 21, 2015, when the regulations are published in the Federal
Register.  A fact sheet detailing the revisions, which will be administered
by Treasury’s Office of Foreign Assets Control (OFAC) and Commerce’s Bureau
of Industry and Security (BIS), is below.

Treasury Secretary Jacob J. Lew said, “Today’s announcement underscores the
Administration’s commitment to promote constructive change for the Cuban
people.  These regulatory changes build on the revisions implemented
earlier this year and will further ease sanctions related to travel,
telecommunications and internet-based services, business operations in
Cuba, and remittances.  A stronger, more open U.S.-Cuba relationship has
the potential to create economic opportunities for both Americans and
Cubans alike.  By further easing these sanctions, the United States is
helping to support the Cuban people in their effort to achieve the
political and economic freedom necessary to build a democratic, prosperous,
and stable Cuba.”

Commerce Secretary Penny Pritzker said, “The regulations published today
are designed to support the emerging Cuban private sector and bring us one
step closer to achieving President Obama’s historic policy goals.  These
actions build upon previous Commerce regulatory changes, and will ease
travel restrictions, enhance the safety of Americans visiting the country,
and promote more business opportunities between U.S. and Cuban companies.
In addition to expanding our commercial engagement with the Cuban people,
these additional adjustments have the potential to stimulate long overdue
economic reform across the country.”

These measures will further facilitate travel to Cuba for authorized
purposes; expand the telecommunications and internet-based services general
licenses, including by authorizing certain persons subject to U.S.
jurisdiction (which includes individuals and entities) to establish a
business presence in Cuba, such as through subsidiaries or joint ventures;
allow certain persons to establish a physical presence, such as an office
or other facility, in Cuba to facilitate authorized transactions; allow
certain persons to open and maintain bank accounts in Cuba to use for
authorized purposes; authorize additional financial transactions, including
those related to remittances; authorize all persons subject to U.S.
jurisdiction to provide goods and services to Cuban nationals located
outside of Cuba; and allow a number of other activities, including those
related to legal services, imports of gifts, and educational activities.
These amendments also implement certain technical and conforming changes.

To see the Treasury regulations, which can be found at 31 Code of Federal
Regulations (CFR), part 515, please see *here*.
<http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTUwOTE4LjQ5MjQ1NDExJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE1MDkxOC40OTI0NTQxMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MTkwMzg5JmVtYWlsaWQ9bWFyZ2FyZXQuYnVmb3JkQHRyZWFzdXJ5LmdvdiZ1c2VyaWQ9bWFyZ2FyZXQuYnVmb3JkQHRyZWFzdXJ5LmdvdiZmbD0mZXh0cmE9TXVsdGl2YXJpYXRlSWQ9JiYm&&&100&&&https://www.federalregister.gov/articles/2015/09/21/2015-23587/cuban-assets-control-regulations>
To see the Commerce regulations, which can be found at 15 CFR parts 740,
746, and 772, please see *here
<http://links.govdelivery.com:80/track?type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTUwOTE4LjQ5MjQ1NDExJm1lc3NhZ2VpZD1NREItUFJELUJVTC0yMDE1MDkxOC40OTI0NTQxMSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MTkwMzg5JmVtYWlsaWQ9bWFyZ2FyZXQuYnVmb3JkQHRyZWFzdXJ5LmdvdiZ1c2VyaWQ9bWFyZ2FyZXQuYnVmb3JkQHRyZWFzdXJ5LmdvdiZmbD0mZXh0cmE9TXVsdGl2YXJpYXRlSWQ9JiYm&&&101&&&https://www.federalregister.gov/articles/2015/09/21/2015-23495/enhancing-support-for-the-cuban-people>*.
Major elements of the changes in the revised regulations include:

*Travel* –

*Facilitating authorized travel and commerce, increasing contact between
Americans and Cubans, and supporting civil society in Cuba:*

·        Transportation by vessel of authorized travelers – between the
United States and Cuba only and without stops in third countries – will be
authorized by general license.  Certain related lodging services aboard
vessels used for such travel will also be authorized.

·         License Exception Aircraft, Vessels, and Spacecraft (AVS) will
authorize temporary sojourns to Cuba of certain categories of vessels.
Eligible categories of vessels are cargo vessels for hire for use in the
transportation of items; passenger vessels for hire for use in the
transportation of passengers and/or items; and recreational vessels that
are used in connection with travel authorized by the Treasury.

·         License Exception AVS will authorize aircraft on temporary
sojourn to remain in Cuba for up to 7 consecutive days and authorizes
vessels on temporary sojourn to remain in Cuba for up to 14 consecutive
days.

·         Close relatives will be allowed to visit or accompany authorized
travelers for certain additional activities.  In the January changes, OFAC
permitted close relatives to join visits related to official government
business and certain educational activities, and to visit additional family
members residing in Cuba.  Close relatives now also will be allowed to
visit or accompany authorized travelers for additional educational
activities, journalistic activity, professional research, and religious
activities, as well as activities related to humanitarian projects and
activities of private foundations or certain research or educational
institutes.  For purposes of this provision, a close relative is defined as
someone related to a person by blood, marriage, or adoption – and who is no
more than three generations removed from that person or a common ancestor
with that person.

·       All authorized travelers will be allowed to open and maintain bank
accounts in Cuba in order to access funds for authorized transactions while
in Cuba.

*Telecommunications & Internet-Based Services – *

*Enhancing the free flow of information to, from, and within Cuba, and
better providing efficient and adequate telecommunications services between
the United States and Cuba:*

·        Persons subject to U.S. jurisdiction will be allowed to establish
a business presence in Cuba, including through joint ventures with Cuban
entities, to provide certain telecommunications and internet-based
services, as well as to enter into licensing agreements related to, and to
market, such services.

·       Persons subject to U.S. jurisdiction will be allowed to import
Cuban-origin mobile applications into the United States and to hire Cuban
nationals to develop them.

·        An existing authorization for the provision of services related to
certain consumer communications devices exported to Cuba will be expanded
to authorize services related to additional types of items authorized by
Commerce, and to add training related to the installation, repair, or
replacement of those items.

·        License Exception Consumer Communications Devices (CCD) will no
longer be limited to sales or donations.  This change to License Exception
CCD is intended to support other types of transactions, such as leases and
loans of eligible items for use by eligible end-users.

*Commercial and Financial Transactions – *

*Refocusing sanctions so they do not prevent day-to-day transactions by
Cuban individuals who are outside of Cuba:*

·       All persons subject to U.S. jurisdiction will be allowed to provide
goods and services to individual Cuban nationals located outside of Cuba,
provided there is no commercial exportation of goods or services to or from
Cuba.

·         Banking institutions will be able to open and maintain accounts
for Cuban individuals for use while the Cuban national is located outside
of Cuba, and to close such accounts.

*Physical Presence and Operations in Cuba – *

*Facilitating certain authorized activities involving Cuba:*

·       Persons subject to U.S. jurisdiction engaging in the following
categories of authorized activities will be allowed to establish and
maintain a physical presence, such as an office, retail outlet, or
warehouse, in Cuba: news bureaus; exporters of certain goods authorized for
export or reexport to Cuba by Commerce and OFAC, such as agricultural
products and materials for construction or renovation of privately-owned
buildings; entities providing mail or parcel transmission services or
certain cargo transportation services; providers of telecommunications or
internet-based services; entities organizing or conducting educational
activities; religious organizations; and providers of carrier and certain
travel services.  These individuals and entities will also be authorized to
employ Cuban nationals, open and maintain bank accounts in Cuba, and employ
persons subject to U.S. jurisdiction in Cuba.

*Support for the Cuban People – *

*Improving living conditions, strengthening civil society, and supporting
independent economic activity by the Cuban people:  *

·        License Exception Support for the Cuban People (SCP) will
authorize certain exports and reexports of items to Cuba for use in
establishing, maintaining, and operating a physical presence in Cuba.
Eligible end-users of the items include certain persons providing
telecommunications or internet-based services; establishing
telecommunications facilities; providing travel or carrier services;
organizing or conducting educational activities; or transporting authorized
items between the United States and Cuba.

·         License Exception SCP will no longer be limited to sales or
donations.  This change to License Exception SCP is intended to support
other types of transactions, such as leases and loans of eligible items for
use by eligible end-users.

·         Certain temporary reexports from a foreign country to Cuba will
be authorized by License Exception SCP when the items are for use in
scientific, archeological, cultural, ecological, educational, historic
preservation, sporting activities, or in the traveler’s professional
research and meetings.  Previously, this provision was limited to temporary
exports by persons departing the United States.

·         Certain commodities and software for use in software development
may be exported or reexported to eligible end-users in Cuba pursuant to
License Exception SCP.

·         License Exception SCP will authorize temporary exports and
reexports to Cuba of additional categories of items, including certain
tools of trade to install, service, or repair items; and certain
commodities and software for exhibition or demonstration.

*Remittances – *

*Empowering Cubans with opportunities for self-employment, and in turn
strengthening independent civil society:*

·        The limits on donative remittances to Cuban nationals other than
prohibited Cuban Government or Cuban Communist Party officials, currently
set at $2,000 per quarter, will be removed entirely.  The limits on
authorized remittances that individuals may carry to Cuba, previously
$10,000 for persons subject to U.S. jurisdiction and $3,000 for Cuban
nationals, will also be removed entirely.

·         The unblocking and return of remittances that were previously
blocked because they exceeded the then-applicable caps on periodic
remittances, and of certain previously blocked funds transfers, will be
allowed.

·         Depository institutions will be allowed to maintain accounts for
certain Cuban nationals present in the United States in a non-immigrant
status, and will no longer be required to block such accounts if not closed
before the Cuban national’s departure.  Access to such accounts will be
limited to while the Cuban national is lawfully present in the United
States, although the account may remain open while the Cuban national is
not in the United States.  The $250 monthly limit on payments from
previously blocked accounts held in the name of such Cuban nationals will
be removed to more adequately allow access to funds for living expenses.

·         Remittances from Cuba and from Cuban nationals in third countries
to the United States will be authorized by general license, and financial
institutions will be allowed to provide related services.

·         An expanded general license also will authorize additional
remittances to Cuban nationals in connection with the administration of
estates.  This provision complements another general license authorizing
all transactions incident to the administration and distribution of the
assets of estates in which a Cuban national has an interest.

*Legal Services –*

*Updating the legal services provisions:*

·        OFAC’s existing general license authorizing the provision of
certain legal services to Cuba and Cuban nationals will be expanded to
allow the receipt of payment for such services. Certain limitations will
apply, related to payments from prohibited Cuban Government or Cuban
Communist Party officials.  Additionally, a new general license will
authorize persons subject to U.S. jurisdiction to receive, and make payment
for, certain legal services from Cuba or Cuban nationals.

*Civil Aviation Safety – *

*Supporting international aviation and passenger safety:*

·        A case-by-case review policy will apply to license applications
for exports and reexports to Cuba of items to help ensure the safety of
civil aviation and the safe operation of commercial passenger aircraft.
Items that are to be reviewed pursuant to this policy include aircraft
parts and components; software and technology related to safety of flight;
air traffic control, aviation communications, and aviation weather related
equipment; airport safety equipment; and devices used for security
screening of passengers and baggage.

*Gift Imports –*

*Allowing certain gifts:*

·         Imports of merchandise from Cuba or Cuban-origin merchandise from
a third country intended as gifts, excluding alcohol and tobacco products,
will be allowed to be sent to the United States provided that the
merchandise is not carried by a traveler, the value of the merchandise is
not more than $100, and the item is a type and in quantities normally given
as a gift.

*Educational Activities – *

*Increasing contact between American and Cubans and enhancing the free flow
of information to, from, and among the Cuban people:*

·        Under an expanded general license, additional educational
activities involving Cuba and Cuban nationals, including the provision of
standardized testing services and internet-based courses, will be
authorized.

·         Academic exchanges and joint non-commercial academic research
with universities or academic institutions in Cuba will also be
authorized.

·         Travel-related transactions in connection with these activities
will also be authorized.

*Ordinarily Incident Transactions – *

*Clarifying the scope of authorized transactions:*

<![if !supportLists]>·         <![endif]>OFAC is clarifying that the Cuba
sanctions provisions that are already in place allow most transactions that
are ordinarily incident and necessary to give effect to a licensed
transaction.  For example, certain payments made using online payment
platforms are permitted for authorized transactions.

*Air Ambulances and Emergency Medical Services – *

*Facilitating access to emergency medical services:*

·        The provision of air ambulance and other related emergency medical
services to travelers in Cuba will be authorized by general license, and a
general license will clarify that the provision of nonscheduled emergency
medical services to Cuban nationals in the United States is authorized.

*Humanitarian Projects – *

*Facilitating aid to the Cuban people in times of need and preserving Cuban
history:*

·         The general license authorizing transactions related to specified
humanitarian projects will be expanded to include disaster relief and
historical preservation.

*Supporting Diplomatic Relations – *

*Supporting the reestablishment of diplomatic relations with Cuba in
accordance with the President’s announcement:*

·        OFAC is expanding the general license authorizing transactions
with official missions of Cuba to the United States to include
international funds transfers.

###

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