12 June 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Federal Register: June 12, 1998 (Volume 63, Number 113)]
[Rules and Regulations]
[Page 32123-32124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn98-5]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration

Title 15, Chapter VII

[Docket No. 980520134-8134-01]
RIN 0694-AB49


Exports of Humanitarian Goods and Services to Cuba

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Notice of policy.

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SUMMARY: On March 20, 1998, the President announced three initiatives
to increase the provision of humanitarian goods and services to Cuba.
The Bureau of Export Administration (BXA) is streamlining procedures to
facilitate the export of humanitarian goods consistent with recent
legislation that provides support for the Cuban people.

FOR FURTHER INFORMATION CONTACT: James A. Lewis, Director, Office of
Strategic Trade and Foreign Policy Controls, Bureau of Export
Administration, telephone: (202) 482-4196.

SUPPLEMENTARY INFORMATION: On March 20, President Clinton announced
that the United States is taking a number of steps to expand the flow
of humanitarian assistance to Cuba and to help strengthen independent
civil society and increase religious freedom in that country. These
included lifting the ban imposed in 1996 on direct humanitarian flights
to Cuba, streamlining procedures for the sale of medicines and medical
equipment to Cuba, and allowing family remittances of specified amounts
to close relatives in Cuba. These measures are fully consistent with
the Cuban Democracy Act of 1992 (CDA) which, in addition to sustaining
economic sanctions, also enable and encourage the Administration to
conduct a program of support for the Cuban people. The resumption of
direct humanitarian cargo flights will enable humanitarian assistance
to reach the Cuban people in less time and at less cost.
    As a result of this decision, direct humanitarian cargo flights may
resume

[[Page 32124]]

under the Department of Commerce's Export Administration Regulations
(EAR) (15 CFR parts 730-774). Aircraft on temporary sojourn to Cuba
that are carrying humanitarian cargo and that satisfy all the
requirements of License Exception AVS (Sec. 740.15 of the EAR) do not
need a specific license from the Department of Commerce. Aircraft
carrying humanitarian cargo to Cuba that do not satisfy all
requirements of License Exception AVS will require a specific license
from the Department of Commerce. License applications for aircraft on
temporary sojourn carrying humanitarian cargo will be reviewed on a
case-by-case basis and favorably considered. License applications
involving aircraft flying for any other reason will be reviewed on a
case-by-case basis. Cargo that is carried on such flights is subject to
separate regulatory requirements. Certain donations may be eligible for
a License Exception under Sec. 740.12 of the EAR. However, other
donations, such as donations of medicines and medical items, and all
sales of humanitarian items require a specific license from Commerce.
    In addition, procedures for exporting medicines and medical
equipment to Cuba, either for sale or donation are being streamlined
and license processing time reduced. Agencies will strive to reduce
license review time by 50 percent. The CDA provides for exports of
medicines and medical equipment and supplies to Cuba either on a
donative or commercial basis. The Administration is taking steps to
facilitate compliance with the on-site verification and monitoring
requirement that applies to medical sales and certain donations to
Cuba. A variety of possible entities may conduct on-site verification
and monitoring as required by the CDA. These entities include, but are
not limited to, representatives of the license applicant, religious or
charitable groups, western diplomats and international nongovernmental
organizations.
    Related regulatory requirements: The Department of the Treasury's
Office of Foreign Assets Control (OFAC) licenses companies that provide
direct charter flight service between Miami, Florida and Havana, Cuba.
OFAC also is responsible for licensing family remittances and the
financial transactions of persons travelling to Cuba, including persons
that accompany cargo on humanitarian cargo flights licensed by the
Department of Commerce.

    Dated: June 5, 1998.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 98-15748 Filed 6-11-98; 8:45 am]
BILLING CODE 3510-33-P