31 C.F.R. § 515.577 Authorized transactions necessary and ordinarily incident to publishing.
Title 31 - Money and Finance: Treasury
(a) To the extent that such activities are not exempt from this part, and subject to the restrictions set forth in paragraphs (b) through (d) of this section, persons subject to the jurisdiction of the United States are authorized to engage in all transactions necessary and ordinarily incident to the publishing and marketing of manuscripts, books, journals, and newspapers (collectively, “written publications”), in paper or electronic format. This section does not apply if the parties to the transactions described in this paragraph include the Government of Cuba. For the purposes of this section, the term “Government of Cuba” includes the state and the Government of Cuba, as well as any political subdivision, agency, or instrumentality thereof, including the Central Bank of Cuba; any person occupying the positions identified in §515.570(a)(3); employees of the Ministry of Justice; and any person acting or purporting to act directly or indirectly on behalf of any of the foregoing with respect to the transactions described in this paragraph. For the purposes of this section, the term “Government of Cuba” does not include any academic and research institutions and their personnel. Pursuant to this section, the following activities are not prohibited, provided that persons subject to the jurisdiction of the United States ensure that they are not engaging, without specific authorization, in the activities identified in paragraph (d) of this section: (1) Commissioning and making advance payments for identifiable written publications not yet in existence, to the extent consistent with industry practice; (2) Collaborating on the creation and enhancement of written publications; (3) Augmenting written publications through the addition of items such as photographs, artwork, translation, and explanatory text; (4) Substantive editing of written publications; (5) Payment of royalties for written publications; (6) Creating or undertaking a marketing campaign to promote a written publication; and (7) Other transactions necessary and ordinarily incident to the publishing and marketing of written publications as described in this paragraph (a). (b) This section does not authorize transactions involving the provision of goods or services not necessary and ordinarily incident to the publishing and marketing of written publications as described above. For example, this section does not authorize persons subject to the jurisdiction of the United States: (1) To provide or receive individualized or customized services (including, but not limited to, accounting, legal, design, or consulting services), other than those necessary and ordinarily incident to the publishing and marketing of written publications, even though such individualized or customized services are delivered through the use of information and informational materials; (2) To create or undertake for any person a marketing campaign with respect to any service or product other than a written publication, or to create or undertake a marketing campaign of any kind for the benefit of the Government of Cuba; (3) To engage in the exportation or importation of goods, other than information and informational materials, to or from Cuba; (4) To operate a publishing house, sales outlet, or other office in Cuba; or (5) To engage in transactions related to travel to, from and within Cuba. (c) This section does not authorize persons subject to the jurisdiction of the United States to engage the services of publishing houses or translators in Cuba unless such activity is primarily for the dissemination of written publications in Cuba. (d) This section does not authorize: (1) Transactions for the development, production, design, or marketing of software; (2) Transactions for the development, production, design, or marketing of technology specifically controlled by the International Traffic in Arms Regulations, 22 CFR parts 120 through 130 (ITAR), the Export Administration Regulations, 15 CFR parts 730 through 774 (EAR), or the Department of Energy Regulations set forth at 10 CFR part 810. (3) The exportation of information or technology subject to the authorization requirements of 10 CFR part 810, or Restricted Data as defined in section 11 y. of the Atomic Energy Act of 1954, as amended, or of other information, data, or technology the release of which is controlled under the Atomic Energy Act and regulations therein; (4) The exportation of information subject to license application requirements under the EAR. These EAR license application requirements cover not only the exportation of information controlled on the Commerce Control List, 15 CFR part 774, but also the exportation of any information subject to the EAR where a U.S. person knows or has reason to know that the information will be used, directly or indirectly, with respect to certain nuclear, missile, chemical and biological weapons, and nuclear-maritime end-uses. In addition, U.S. persons are precluded from exporting any information subject to the EAR to certain restricted end-users, as provided in the Commerce Department's end-user and end-use based controls set forth at 15 CFR part 744; or (5) The exportation of information subject to licensing requirements under the ITAR, or exchanges of information that are subject to regulation by other government agencies. (e) Specific licenses may be issued on a case-by-case basis authorizing the travel-related transactions set forth in §515.560(c) for purposes necessary and ordinarily incident to the publishing and marketing of written publications. [69 FR 75469, Dec. 17, 2004]
Title 31: Money and Finance: Treasury
PART 515—CUBAN ASSETS CONTROL REGULATIONS
Subpart E—Licenses, Authorizations, and Statements of Licensing Policy
§ 515.577 Authorized transactions necessary and ordinarily incident to publishing.
