(This is an extraordinary document, which must be read carefully.

If you'd rather print out the six page PDF, here it is:
http://edocket.access.gpo.gov/2009/pdf/E9-21402.pdf

(I'm no lawyer, and I'm hopeful we will get some careful reading by
attorneys since this document is extremely hostile, containing all
sorts of people or entities to whom nothing may be given. On first
glance, I'd say it constitutes an extension of the blockade and an
attempt to impose many rules on the Cuban people and government.

(As a bottom line, close to the front, it explains its clear purpose
as to destabilize Cuba in line with the purposes of the Helms-Burton
bill.

(Here's one revealing example. Check this out:

("As revised, License Exception GFT authorizes a donor to send one
gift parcel per month to any individual (other than certain Cuban
Government or Cuban Communist Party officials) or to a charitable,
educational, or religious organization in Cuba that is not
administered or controlled by the Cuban government. For example,
hospitals or schools administered or controlled by the Cuban
Government are not eligible recipients under this License Exception.
Further, this rule revises the License Exception to increase the
combined total domestic retail value of all items included in a gift
parcel from $400 to $800.")
====================================================================)


From: NPV <nvaldes@...>
To: CUBA-L@...
Subject: 09/11/09 - Federal Register - Cuba: Revisions to Gift Parcel and
Baggage Restrictions
Date: Sep 11, 2009 11:03 AM

Federal Register, September 8, 2009 Rules and Regulations

DEPARTMENT OF COMMERCE Bureau of Industry and Security

15 CFR Parts 736, 740 and 746
[Docket No. 090414648-9652-01]
RIN 0694-AE60

Cuba: Revisions to Gift Parcel and Baggage Restrictions, Creation of License
Exception for Donated Consumer Communications Devices and Expansion of
Licensing Policy Regarding Telecommunications

AGENCY: Bureau of Industry and Security, Department of Commerce. ACTION:
Final rule.

SUMMARY: This rule revises two existing License Exceptions concerning
exports and reexports of gift parcels to Cuba and of personal baggage taken
by individuals leaving the United States for travel to Cuba. It also creates
a new License Exception authorizing the export and reexport to Cuba of
certain donated consumer communications devices, including certain computers
and software, mobile phones, and satellite receivers. Finally, this rule
revises the scope of existing licensing policy regarding certain
telecommunications links including satellite radio and satellite television
services. These actions are among those directed by the President on April
13, 2009 to enhance the free flow of information to and from Cuba and to
promote contacts between Americans and their relatives who reside in Cuba as
a means of encouraging positive change in Cuba and are consistent with the
ongoing support the United States has provided to individuals and
nongovernmental organizations that support democracy-building efforts in
Cuba. These actions do not suspend or terminate the United States embargo of
Cuba. DATES: Effective Date: This rule is effective September 3, 2009.

ADDRESSES: Although there is no comment period for this final rule, BIS
welcomes any comments from the public on the amendments made by this rule.
Comments may be submitted by email directly to BIS at
publiccomments@... (please refer to RIN 0694-AE60 in the subject
line); or by delivery to Regulatory Policy Division, Office of Exporter
Services, Bureau of Industry and Security, Room H2705, U.S. Department of
Commerce, 14th Street and Pennsylvania Avenue, NW., Washington, DC 20230.
Comments on the information collection contained in this rule should also be
sent to Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
jseehra@..., or by fax to (202)395-7285. Refer to RIN 0694-AE60 in
all comments.

FOR FURTHER INFORMATION CONTACT:
Anthony Christino, Foreign Policy Division, Office of Nonproliferation and
Treaty Compliance at (202) 482-4252.

SUPPLEMENTARY INFORMATION:

Background

The United States maintains a comprehensive embargo on trade with Cuba.
Pursuant to that embargo, all items that are subject to the Export
Administration Regulations (EAR) require a license for export or reexport to
Cuba unless authorized by a License Exception. BIS administers export and
reexport restrictions on Cuba consistent with the goals of the embargo and
with relevant legislation, including the Cuban Liberty and Democratic
Solidarity Act of 1996 (LIBERTAD).

Accordingly, BIS may issue specific or general authorizations for limited
types of transactions that support the goals of United States policy while
the embargo remains in effect.

On April 13, 2009, the President directed the Secretary of the Treasury and
the Secretary of Commerce, in consultation with the Secretary of State, to
take certain actions to enhance the free flow of information to and from
Cuba and to promote contacts between Americans and their relatives who
reside in Cuba as a means of encouraging positive change in Cuba. In doing
so, the President noted the United States policy of promoting democracy and
human rights in Cuba and stated that ''measures that decrease dependency of
the Cuban people on the Castro regime and that promote contact between
Cuban-Americans and their relatives in Cuba are means to encourage positive
change in Cuba.'' The policy of promoting human rights and democracy in Cuba
has long been reflected in legislation.

LIBERTAD's purpose, in part, is to help the Cuban people regain their
freedom and prosperity. In addition, even before LIBERTAD, the Cuban
Democracy Act of 1992 reflected Congressional support for assistance to
encourage
democracy in Cuba, stating that the U.S. Government may provide assistance,
through appropriate nongovernmental organizations, for the support of
individuals and organizations to promote nonviolent democratic change in
Cuba.

This rule implements the portions of the President's directive that relate
to the regulations of the Department of Commerce by changing the existing
License Exceptions ''Gift Parcels and Humanitarian Donations (GFT)'' and
''Baggage (BAG),'' creating a new License Exception ''Consumer
Communications Devices (CCD)'' and revising the scope of licensing policy
applicable to certain telecommunications links and satellite radio and
satellite television services.

The changes made by this rule are intended to update, consistent with
LIBERTAD and other relevant legislation, certain provisions of the United
States embargo of Cuba to: (i) Address the impact of economic and
technological changes that have taken place in recent years; and (ii) ensure
that the embargo continues to support the goals of promoting democracy in
Cuba and providing support for the Cuban people. None of the changes made by
this rule suspend or terminate the United States embargo of Cuba.


Specific Changes Implemented by This Rule

Changes to License Exception Gift Parcels and Humanitarian Donations (GFT)
License Exception Gift Parcels and Humanitarian Donations (GFT) (§ 740.12 of
the EAR) generally authorizes, among other things, exports and reexports of
gift parcels by an individual (donor) addressed to an individual or to a
religious, educational or charitable organization (donee) for the use of the
donee or the donee's immediate family. Prior to the publication of this
rule, items eligible for export or reexport to Cuba in gift parcels were
limited to food (including vitamins); medicines; medical supplies and
devices (including hospital supplies and equipment for the handicapped);
receive-only radio equipment for reception of commercial/ civil AM/FM and
short wave publicly available frequency bands, and batteries for such
equipment; and mobile phones covered by Export Control Classification
Numbers (ECCNs) 5A991 or 5A992,software for those phones covered by ECCN
5D992, and batteries, memory cards, chargers and other accessories for such
mobile phones. Additionally, the License Exception restricted recipients in
Cuba to identified family members of the donor (grandparents, parents,
siblings, children and grandchildren). Except for gift parcels of food, the
License Exception restricted a donor to sending only one gift parcel per
month to the same household in Cuba. The License Exception also limited the
combined total domestic retail value of all items other than food included
in a gift parcel to $400.

This rule revises License Exception GFT to add clothing, personal hygiene
items, seeds, veterinary medicines and supplies, fishing equipment and
supplies, soap-making equipment, and non-sensitive items normally sent as
gifts between individuals as items eligible for export or reexport to Cuba
in gift parcels. The rule largely retains the restriction that precludes
items listed in specific entries on the Commerce Control List. However, the
rule does allow inclusion of consumer communications devices controlled by
ECCNs 4A994, 4D994, 5A991, 5A992, 5D991, and 5D992. These devices, which are
described in more detail in the discussion of the new License Exception for
consumer communications devices below, are widely available consumer
products, such as personal computers, that facilitate communications.

This rule also revises License Exception GFT to remove requirements that the
donee be a member of the immediate family of the donor and that only one
gift parcel per month be sent to the same household in Cuba. As revised,
License Exception GFT authorizes a donor to send one gift parcel per month
to any individual (other than certain Cuban Government or Cuban Communist
Party officials) or to a charitable, educational, or religious organization
in Cuba that is not administered or controlled by the Cuban government.
For example, hospitals or schools administered or controlled by the Cuban
Government are not eligible recipients under this License Exception.
Further, this rule revises the License Exception to increase the combined
total domestic retail value of all items included in a gift parcel from $400
to $800.

Changes to License Exception Baggage (BAG)

Prior to publication of this rule, and since 2004, the terms of License
Exception BAG imposed a 44-pound weight limit on the personal baggage of
most travelers from the United States to Cuba. This rule removes that limit.
This change implements the President's directive to lift weight restrictions
on accompanied baggage.

This rule does not remove or relax any other restrictions that apply to
License Exception BAG. The regulations continue to require that individuals
leaving the United States temporarily (i.e., traveling) must bring back
items exported or reexported under this License Exception unless they
consume the items abroad or are otherwise authorized to dispose of them
under the EAR.

Donated Consumer Communications Devices, Computers and Software

Prior to publication of this rule, with the exception of certain items
authorized by License Exception GFT, the export or reexport to Cuba of
donated consumer communications devices required an individual validated
license.

This rule creates a narrowly tailored License Exception Consumer
Communications Devices (CCD) to authorize the export and reexport to Cuba of
donated consumer communications devices that are necessary to provide
efficient and adequate telecommunications services between the United States
and Cuba. In generally authorizing the export or reexport of donated
consumer communication devices to Cuba through a new License Exception, this
rule strengthens the United States' commitment to the support of individuals
and organizations to promote nonviolent democratic change in Cuba,
consistent with the goals of LIBERTAD and the Cuban Democracy Act of 1992,
and recognizes that recent changes in communications technology have
facilitated the widespread dissemination of information and personal
communications in ways that have become increasingly essential for
democratic movements across the world. This rule is also consistent with the
President's goal, as stated in his April 13 memorandum, to promote contacts
between Americans and their relatives who reside in Cuba as a means of
encouraging positive change in Cuba.

New License Exception CCD authorizes the export or reexport of specific
commodities and software that are widely available for retail purchase and
that are commonly used to exchange information and facilitate interpersonal
communications. However, consistent with 22 U.S.C. 6005(a), this new License
Exception does not authorize U.S.-owned or controlled entities in third
countries to engage in reexports of foreign produced commodities to Cuba for
which no license would be issued by the Treasury Department pursuant to 31
CFR 515.559. This License Exception is valid only for exports or reexports
to Cuba. The commodities and software exported or reexported under this
License Exception must be donated, but the License Exception provides no
limits on value or frequency of shipments. Eligible end-users for items
exported or reexported pursuant to this License Exception are individuals in
Cuba other than designated Cuban Government and Communist Party officials,
and also independent non-governmental organizations in Cuba. As is the case
with exports or reexports under License Exception GFT, exports or reexports
under License Exception CCD may not be made to organizations administered or
controlled by the Cuban Government.

The items authorized for export or reexport under the new License Exception
are commodities and software (except ''encryption source code'') related to
basic personal communications devices that are widely available for retail
purchase in the United States. These items include: Mobile phones, including
cellular and satellite telephones; subscriber information module (SIM)
cards; personal digital assistants; laptop and desktop computers and
peripherals such as monitors, graphics accelerator cards, data storage
devices and media such as disk drives, flash drives, writable compact disks
and floppy disks, keyboards, mice, and printers including commodities
possessing IEEE 802.15.1 ''Bluetooth'' wireless personal area networking
(WPAN) capability; Internet connectivity devices including those possessing
IEEE 802.11 ''Wi-Fi'' and IEEE 802.16 ''WiMax'' wireless capabilities;
satellite-based television and radio receivers; digital music and video
players and recorders; personal two-way radios; digital cameras and memory
cards therefor; and batteries, chargers, carrying cases and similar
accessories for the equipment authorized by this rule. This rule also
authorizes the export and reexport of basic software for laptop and desktop
computers such as: Computer operating systems and software (except
''encryption source code'') that enable activities such as word processing,
producing spread sheets, producing graphics presentations, sending and
receiving e-mail, Web browsing or developing relational databases. When
applicable, the rule describes these items as they are classified on the
Commerce Control List:

. Computers classified under ECCN 4A994.b or designated EAR99 that do not
exceed an adjusted peak performance of 0.02 weighted teraflops;

. Disk drives and solid state storage equipment classified as ECCN 5A992 or
designated EAR99;

. Input/output control units (other than industrial controllers designed for
chemical processing) designated EAR99;

. Graphics accelerators and graphics coprocessors designated EAR99;

. Monitors classified under ECCN
5A992 or designated EAR99;

. Printers classified under ECCN
5A992 or designated EAR99;

. Modems classified under ECCNs 5A991.b.2 or 5A992 or designated
EAR99;

. Network access controllers and communications channel controllers
classified under ECCN 5A991.b.4 or designated EAR99;

. Keyboards, mice and similar devices designated EAR99;

. Mobile phones, including cellular and satellite telephones, personal
digital assistants, and subscriber information module (SIM) cards and
similar devices classified under ECCNs 5A992 or 5A991
or designated EAR99;

. Memory devices classified under ECCN 5A992 or designated EAR99;

. ''Information security'' equipment, ''software'' (except ''encryption
source code'') and peripherals classified under
ECCNs 5A992 or 5D992 or designated EAR99;

. Digital cameras and memory cards
classified under ECCN 5A992 or designated EAR99;

. Television and radio receivers
classified under ECCN 5A992 or designated EAR99;

. Recording devices classified under
ECCN 5A992 or designated EAR99;

. Batteries, chargers, carrying cases, and accessories for the equipment
described above that are designated
EAR99; and
. ''Software'' (except ''encryption source code'') classified under ECCNs
4D994, 5D991 or 5D992 or designated
EAR99 to be used for equipment described above.

This change implements the President's directive to authorize, consistent
with national security concerns, the export or reexport to Cuba of donated
personal communications devices through a license exception.

Revised Scope of Licensing Policy Regarding Telecommunications
Prior to publication of this rule, § 746.2(b)(2) of the EAR stated that
export of ''Telecommunications commodities may be authorized on a
case-by-case basis, provided the commodities are part of an FCC-approved
project and are necessary to provide efficient and adequate
telecommunications between the United Sates and Cuba.''

This rule revises the text of § 746.2(b)(2) of the EAR to ensure that the
licensing policy allows for case-by-case review of exports or reexports of
all items necessary to provide efficient and adequate telecommunications
links, including satellite radio and satellite television, between the
United States and Cuba consistent with the President's April 13, 2009
directive. The scope of items eligible for export or reexport now includes
any item (commodity, technology, or software) necessary to provide efficient
and adequate telecommunications links between the United States and Cuba,
including links established through third countries, and including links to
provide satellite radio or satellite television services to Cuba. In making
this change, BIS notes that the establishment of links through third
countries may be necessary to establish efficient and adequate links between
the United States and Cuba. These changes are consistent with the goal of
enhancing communications to promote democracy in Cuba.

Technical and Conforming Changes
Although individual gift parcels may be eligible for export pursuant to
License Exception GFT, as set forth in § 740.12(a) of the EAR, consolidated
shipments of multiple gift parcels are not eligible for export under this
License Exception. BIS has issued a number of licenses to parties
authorizing them to export consolidated shipments of gift parcels to Cuba.

As part of this rule, BIS is amending General Order No. 4, found in
Supplement No. 1 to part 736 of the EAR, to authorize such license holders
to export consolidated shipments of all gift parcels that are eligible for
License Exception GFT as of the effective date of this rule. This
modification is appropriate because some previously-issued licenses for
consolidated shipments limit the eligible commodities and software, eligible
recipients, or limits on frequency or dollar value based on the restrictions
of License Exception GFT in place at the time the consolidation license was
issued. The amended General Order does not, however, increase the total
value of exports permitted under, or extend the expiration date of, any
license. Amending the General Order to modify existing licenses in such a
manner will facilitate implementation of the policy underlying this rule by
allowing consolidators to include all gift parcels consistent with the
provisions of License Exception GFT in their consolidated shipments
immediately rather than having to wait until they obtain a new license.
Consolidators will still need to apply for new licenses when their existing
licenses have been completely used or have expired.
Section 740.2(a)(6) of the EAR precludes use of any License Exception to
export or reexport to Cuba unless the License Exception is listed in the
License Exception paragraph pertaining to Cuba in part 746. This rule
revises § 746.2(a)(1) to list the new ''Consumer Communications Devices''
License Exception that this rule creates.

Change to Prohibitions Applying to Gift Parcels Generally

Although not related to the President's April 13, 2009 directive, this rule
also makes ineligible for inclusion in gift parcels to any destination items
listed on the Commerce Control List with ''encryption items'' (EI) as a
reason for control. BIS is making this change because of the sensitivity of
such items. Items controlled for EI reasons employ sophisticated encryption
techniques and have not been designated as ''mass market'' items by the
United States Government. Such items are not eligible for export or reexport
under License Exception GFT because they are not normally exchanged between
individuals as gifts. However, because of the potential use of items
controlled for EI reasons by persons abroad to harm U.S. national security,
foreign policy and law enforcement interests, BIS is adding EI as a reason
for control that explicitly precludes use of License Exception GFT to any
destination. The other reasons for control that trigger this preclusion are
national security, nuclear nonproliferation, chemical and biological weapons
and missile technology.

Rulemaking Requirements
1. This rule has been determined to be a significant rule under Executive
Order
12866.

2. Notwithstanding any other provision of law, no person is required to
respond to, nor shall any 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 Office of Management and Budget Control Number. This rule
involves a collection of information that has been approved by OMB under
control number 0694-0088, which carries a burden hour estimate of 58 minutes
to
prepare and submit form BIS-748P. Miscellaneous and recordkeeping activities
account for 12 minutes per submission. BIS believes that this rule will make
no material change to the number of submissions or to the burden imposed by
this collection.

3. This rule does not contain policies with Federalism implications as that
term is defined in Executive Order
13132.

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 or foreign affairs function of the United
States (See 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 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.

List of Subjects
15 CFR Part 736
Exports.
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and recordkeeping
requirements.
15 CFR Part 746
Exports, Reporting and recordkeeping requirements.
? Accordingly, the Export Administration Regulations (15 CFR chapter VII,
subchapter C) are amended as follows:
PART 736-[AMENDED]
? 1. The authority citation for part 736 is revised to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
2151 note; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3
CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783;
E.O.
13338, 69 FR 26751, May 13, 2004; Notice of August 13, 2009, 74 FR 41325
(August 14, 2009); Notice of November 10, 2008, 73 FR 67097 (November 12,
2008).
? 2. General Order Number 4 of Supplement No. 1 to Part 736 is amended by
revising the introductory text and by revising paragraph (b) to read as
follows:
Supplement No. 1 to Part 736-General Orders

*****
General Order No. 4 of June 13, 2008, as amended on September 3, 2009,
amending existing licenses for exports of consolidated gift parcels to Cuba
due to changes in License Exception GFT.

*****
(b) Notwithstanding any statements to the contrary on the license itself,
licenses authorizing the export to Cuba of consolidated gift parcels
described in paragraph (a) of this order that are valid on September 3, 2009
authorize the export of consolidated shipments to Cuba of gift parcels that
comply with the requirements of License Exception GFT found in § 740.12(a)
of the EAR as of September 3, 2009.

*****

PART 740-[AMENDED]
? 3. The authority citation for part 740 is revised to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001

Comp., p. 783; Notice of August 13, 2009, 74
FR 41325 (August 14, 2009).

? 4. Section 740.12 is amended by revising paragraphs (a)(2)(i),
(a)(2)(iii), (a)(2)(iv) and (a)(2)(v) to read as follows:
§740.12 Gift parcels and humanitarian donations.
(a) * * *
(2) * * *
(1) Item limitations.
(A) Prohibited items.

(1 ) For Cuba no items listed on the Commerce Control List other than items
listed in § 740.19(b) of the EAR may be included in a gift parcel.

(2) For all destinations, no items controlled for chemical and biological
weapons (CB), missile technology (MT), national security (NS), nuclear
proliferation (NP) or encryption items (EI) reasons on the Commerce Control
List (Supplement no. 1 to part 774 of the EAR) may be included in a gift
parcel.

(3) Items prohibited for destinations in Country Group D:1 or E:2. For
destinations in Country Group D:1 or E:2, military wearing apparel may not
be included in a gift parcel regardless of whether all distinctive U.S.
military insignia, buttons, and other markings are removed.

(4) Gold bullion, gold taels, and gold bars are prohibited as are items
intended for resale or reexport.

(B) Eligible items. For all destinations, eligible items are food (including
vitamins); medicines, medical supplies and devices (including hospital
supplies and equipment and equipment for the handicapped); receive-only
radio equipment for reception of commercial/ civil AM/FM and short wave publicly
available frequency bands, and batteries for such equipment; clothing;
personal hygiene items; seeds; veterinary medicines and supplies; fishing
equipment and supplies; soap-making equipment; as well as all other items of
a type normally sent as gifts between individuals (including items listed in
§ 740.19(b) of the EAR) except for those items prohibited in paragraph
(a)(2)(i)(A) of this section. Items in gift parcels must be in quantities
normally given as gifts between individuals.

Example to paragraph (a)(2)(i)(B) of this section. 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 such gift parcels
because the quantity would exceed that normally given between individuals.
Similarly, a sewing machine or bicycle within the value limit of this
License Exception 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. *****

(iii) Frequency.

(A) Except for gift parcels of food to Cuba, not more than one gift parcel
may be sent from the same donor to the same donee in any one calendar month.

(B) There is no frequency limit on gift parcels of food to Cuba.

(C) Parties seeking authorization to exceed the frequency limit due to
compelling humanitarian concerns (e.g., for certain gifts of medicine)
should submit a license application in accordance with §§ 748.1, 748.4 and
748.6 of the EAR to BIS with complete justification.

(iv) Value. The combined total domestic retail value of all commodities and
software in a single gift parcel may not exceed $800. This limit does not
apply to food sent in a gift parcel to Cuba.

(v) Ineligible recipients. (A) No gift parcel may be sent to any
of the following officials of the Cuban Government: ministers and
vice-ministers; members of the Council of State; members of the Council of
Ministers; members and employees of the National Assembly of People's Power;
members of any provincial assembly; local sector chiefs of the Committees
for the Defense of the Revolution; Director Generals and subDirector
Generals and higher of all Cuban ministries and state agencies; employees of
the Ministry of the Interior (MININT); employees of the Ministry of Defense
(MINFAR); secretaries and first secretaries of the Confederation of Labor
of Cuba (CTC) and its component
unions; chief editors, editors and deputy editors of Cuban state-run media
organizations and programs, including newspapers, television, and radio; or
members and employees of the Supreme Court (Tribuno Supremo Nacional).
(B) No gift parcel may be sent to any of the following officials or members
of the Cuban Communist Party: members of the Politburo; the Central
Committee; Department Heads of the Central Committee; employees of the
Central Committee; and the secretaries and first secretaries of provincial
Party central committees.

(C) No gift parcel may be sent to organizations administered or controlled
by the Cuban Government or the Cuban Communist Party.

*****
§740.14 [Amended]
? 4. Section 740.14 is amended by:
? a. removing ''(h)'' from the last sentence of paragraph (b)(4)
introductory text and adding ''(g)'' in its place:
? b. removing paragraph (g); and
? c. redesignating paragraph (h) as
paragraph (g).
? 5. A new § 740.19 is added to read as follows:
§ 740.19 Consumer Communications Devices (CCD).

(a) Authorization. This License Exception authorizes the export or reexport
of commodities and software described in paragraph (b) to Cuba subject to
the conditions in paragraphs (c) and (d) of this section. This section does
not authorize U.S.-owned or -controlled entities in third countries to
engage in reexports of foreign produced commodities to Cuba for which no
license would be issued by the Treasury Department pursuant to 31 CFR
515.559. Cuba is the only eligible destination under this License Exception.

(b) Eligible Commodities and Software. Commodities and software eligible for
export or reexport under this section are:

(1) Computers designated EAR99 or classified under Export Control
Classification Number (ECCN) 4A994.b
that do not exceed an adjusted peak performance of 0.02 weighted teraflops;
(2) Disk drives and solid state storage equipment classified under ECCN
5A992 or designated EAR99;

(3) Input/output control units (other than industrial controllers designed
for chemical processing) designated EAR99;

(4) Graphics accelerators and graphics coprocessors designated EAR99;

(5) Monitors classified under ECCN
5A992 or designated EAR99;

(6) Printers classified under ECCN
5A992 or designated EAR99;

(7) Modems classified under ECCNs 5A991.b.2, or 5A992 or designated
EAR99;

(8) Network access controllers and communications channel controllers
classified under ECCN 5A991.b.4 or designated EAR99;

(9) Keyboards, mice and similar devices designated EAR99;

(10) Mobile phones, including cellular and satellite telephones, personal
digital assistants, and subscriber information module (SIM) cards and
similar devices
classified under ECCNs 5A992 or 5A991
or designated EAR99;

(11) Memory devices classified under ECCN 5A992 or designated EAR99;

(12) ''Information security'' equipment, ''software'' (except ''encryption
source code'') and peripherals classified under ECCNs 5A992 or 5D992 or
designated EAR99;

(13) Digital cameras and memory cards classified under ECCN 5A992 or
designated EAR99;

(14) Television and radio receivers
classified under ECCN 5A992 or designated EAR99;

(15) Recording devices classified under ECCN 5A992 or designated
EAR99;

(16) Batteries, chargers, carrying cases and accessories for the equipment
described in this paragraph that are designated EAR99; and

(17) ''Software'' (except ''encryption source code'') classified under ECCNs
4D994, 5D991 or 5D992 or designated
EAR99 to be used for equipment described in this paragraph (b).

(c) Donation Requirement. This License Exception authorizes the export or
reexport of eligible commodities and software that will be donated by the
exporter or reexporter to an eligible end-user or to eligible end-users free
of charge. The payment by an end-user of any handling charges arising within
the importing country or any charges levied by the government of the
importing country shall not be considered a charge for purposes of this
paragraph.

(d) Eligible End-users-(1) Organizations. This License Exception may be used
to export or reexport eligible commodities and software to and for the use
of independent non-governmental organizations. The Cuban Government or the
Cuban Communist Party and organizations they administer or control are not
eligible end-users.

(2) Individuals. This License Exception may be used to export eligible
commodities and software to and for the use of individuals other than the
following officials of the Cuban Government and Cuban Communist Party:

(i) Ineligible Cuban Government Officials. Ministers and vice-ministers;
members of the Council of State; members of the Council of Ministers;
members and employees of the National Assembly of People's Power; members of
any provincial assembly; local sector chiefs of the Committees for the
Defense of the Revolution; Director Generals and sub-Director Generals and
higher of all Cuban ministries and state agencies; employees of the Ministry
of the Interior (MININT); employees of the Ministry of Defense (MINFAR);
secretaries and first secretaries of the Confederation of Labor of Cuba
(CTC) and its component unions; chief editors, editors and deputy editors of
Cuban state-run media organizations and programs, including newspapers,
television, and radio; or members and employees of the Supreme Court
(Tribuno Supremo Nacional).

(ii) Ineligible Cuban Communist Party Officials. Members of the Politburo;
the Central Committee; Department Heads of the Central Committee; employees
of the Central Committee; and the secretaries and first secretaries of
provincial Party central committees.
PART 746-[AMENDED]

? 6. The authority citation for part 746 is revised 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; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 6004; 22 U.S.C.
7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR,
2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68 FR
26459, May 16, 2003; Presidential Determination 2007-7 of December 7, 2006,
72 FR 1899 (January 16, 2007); Notice of August 13, 2009, 74 FR 41325
(August 14, 2009).

? 7. Section 746.2, is amended by adding a paragraph (a)(1)(xiii) and by
revising paragraph (b)(2) to read as follows:
§ 746.2 Cuba.
(a) * * *
(1) * * *
(xiii) Commodities and software authorized under License Exception Consumer
Communications Devices (CCD) (see § 740.19 of the EAR).
*****

(b) * * *

(2) Items may be authorized for export or reexport to Cuba on a case-by-case
basis, provided the items are necessary to provide efficient and adequate
telecommunications links between the
United States and Cuba, including links established through third countries,
and including the provision of satellite radio or satellite television
services to Cuba.

*****

Dated: September 1, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-21402 Filed 9-3-09; 4:15 pm]
BILLING CODE 3510-33-P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 090126062-91139-01]
RIN 0694-AE54

Revisions to Certain End-User Controls Under the Export Administration
Regulations; Clarification Regarding License Requirements for Transfers
(in-country) to Persons Listed on the Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.

SUMMARY: The Bureau of Industry and Security (BIS) is amending the Export
Administration Regulations (EAR) to make revisions to three sections that
are used by the United States Government as the basis for placing persons
onto the Entity List. These three sections specified license requirements
for exports and reexports to persons listed on the Entity List, however; the
sections were silent regarding whether or not the scope of the licensing
requirements included transfers (in-country). This rule adds transfers
(in-country) to the scope of the license requirements under each of the
three sections. As a result of adding transfers (in-country) to these three
end-user controls, all of the end-use and end-user controls that are used as
a regulatory basis for placing persons on the Entity List now specify that
the scope of the license requirements includes exports, reexports, and
transfers (in-country).

The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to parties identified on the Entity
List require a license from the Bureau of Industry and Security (BIS) and
that availability of License Exceptions in such transactions is limited.
DATES: Effective Date: This rule is effective September 8, 2009. Although
there is no formal comment period,
public comments on this regulation are welcome on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE54, by any of
the following methods:

E-mail: publiccomments@....
Include ''RIN 0694-AE54'' in the subject line of the message.
Fax: (202) 482-3355. Please alert the
Regulatory Policy Division, by calling (202) 482-2440, if you are faxing
comments.

Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of Commerce,
Bureau of Industry and Security, Regulatory Policy Division, 14th St. &
Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230, Attn: RIN 0694-AE54.

Send comments regarding the collection of information associated with this
rule, including suggestions for reducing the burden, to Jasmeet K. Seehra,
Office of Management and Budget (OMB), by e-mail to
Jasmeet_K._Seehra@... or by
fax to (202) 395-7285; and to the
Regulatory Policy Division, Bureau of Industry and Security, Department of
Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC
20230. Comments on this collection of information should be submitted
separately from comments on the final
rule (i.e., RIN 0694-AE54)-all
comments on the latter should be submitted by one of the three methods
outlined above.

FOR FURTHER INFORMATION CONTACT:
Elizabeth Scott Sangine, End-User Review Committee, Office of the Assistant
Secretary, Export Administration, Bureau of Industry and Security,
Department of Commerce,
Phone: (202) 482-3343, Fax: (202) 4823911, E-mail: bscott@....
SUPPLEMENTARY INFORMATION:

Background
The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to parties identified on the Entity
List require a license from the Bureau of Industry and Security (BIS) and
that availability of license exceptions in such transactions is limited.
Persons are placed on the Entity List on the basis of certain sections of
part 744 (Control Policy: End-User and End-Use Based) of the
EAR.

The End-User Review Committee (ERC), composed of representatives of the
Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from or changes to the Entity


=========================================
WALTER LIPPMANN
Los Angeles, California
Editor-in-Chief, CubaNews
http://groups.yahoo.com/group/CubaNews/
"Cuba - Un Paraíso bajo el bloqueo"
=========================================