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OFAC’s CACR changes FAQ, Part II: Travel

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II. Travel
For questions regarding travel and accompanied baggage between the United States and Cuba,

please see the specific guidance on OFAC’s webpage.

  1. What are the travel authorizations in the Cuba program?

    OFAC has issued general licenses within the 12 categories of authorized travel for many travel-
    related transactions to, from, or within Cuba that previously required a specific license (i.e., an
    application and a case-by-case determination).

    Travel-related transactions are permitted by general license for certain travel related to the
    following activities, subject to criteria and conditions in each general license: family visits;
    official business of the U.S. government, foreign governments, and certain intergovernmental
    organizations; journalistic activity; professional research and professional meetings; educational
    activities; religious activities; public performances, clinics, workshops, athletic and other
    competitions, and exhibitions; support for the Cuban people; humanitarian projects; activities of
    private foundations or research or educational institutes; exportation, importation, or transmission
    of information or information materials; and certain authorized export transactions.

  2. Do travelers who fall within the scope of a general license need to submit a written request
    to OFAC for permission to travel or conduct transactions?

    No. No further permission from OFAC is required to engage in transactions by a person who
    meets all criteria in a general license. Individuals wishing to engage in activities that may fall
    within the scope of a general license should review the relevant general licenses contained in the
    CACR to determine whether their travel-related transactions are covered by such general licenses.
    Persons subject to U.S. jurisdiction who wish to engage in any travel within the 12 categories of
    activities specified in the CACR that does not meet the requirements of a general license will
    need to apply for a specific license from OFAC.

  3. Is travel to Cuba for tourist activities permitted?

    No. Consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA),
    travel-related transactions involving Cuba are only permitted for the 12 categories of activities
    identified in the CACR. Travel-related transactions for other purposes remain prohibited.

  4. What constitutes “a close relative” for generally authorized family travel?

    OFAC regulations generally authorize persons subject to U.S. jurisdiction and those sharing a
    dwelling with them as a family to visit a close relative in Cuba, including a close relative who is a
    Cuban national or a person ordinarily resident in Cuba, , or to visit or accompany a close relative
    who is located in or traveling to Cuba pursuant to the authorizations in § 515.562 (official
    government business), § 515.563 (journalistic activity), § 515.564 (professional research),

    § 515.565(a)(1) through (4) and (6) (educational activities), § 515.566 (religious activities),
    § 515.575 (humanitarian projects), or § 515.576 (activities of private foundations or research or
    educational institutes). A close relative is defined as any individual related to a person
    by blood,
    marriage, or adoption who is no more than three generations removed from that person or from a
    common ancestor with that person.” For a complete description of what this general license
    authorizes and the restrictions that apply, please see 31 CFR § 515.339 and § 515.561.

  1. Who is generally authorized to engage in travel and travel-related transactions for
    “journalistic activity”?

    OFAC has issued an expanded general license that incorporates prior specific licensing policy
    and authorizes, subject to conditions, travel-related transactions and other transactions that are
    directly incident to journalistic activities in Cuba. Among other things, this general license
    authorizes, subject to conditions, full-time journalists, supporting broadcast or technical
    personnel, and freelance journalists to travel to Cuba. T
    he traveler’s schedule of activities must
    not include free time or recreation in excess of that consistent with a full-time schedule. An
    entire group does not qualify for the general license merely because some members of the group
    qualify individually. For a complete description of what this general license authorizes and the
    restrictions that apply, please see 31 CFR § 515.563.

  2. What constitutes generally authorized travel-related transactions for “professional
    researchand professional meetings” in Cuba?

    OFAC has issued an expanded general license that incorporates prior specific licensing policy
    and authorizes, subject to conditions, travel-related transactions and other transactions that are
    directly incident to professional research in Cuba. Among other things, this general license
    authorizes, subject to conditions, professional research in Cuba
    relating to a traveler’s profession,
    professional background, or area of expertise. T
    he traveler’s schedule of activities must not
    include free time or recreation in excess of that consistent with a full-time schedule. An entire
    group does not qualify for the general license merely because some members of the group qualify
    individually. For a complete description of what this general license authorizes and the
    restrictions that apply, please see 31 CFR § 515.564.

    OFAC has issued an expanded general license that incorporates prior specific licensing policy
    and authorizes, subject to conditions, travel-related transactions and other transactions that are
    directly incident to attending professional meetings in Cuba. Among other things, this general
    license authorizes, subject to conditions, attendance at professional meetings or conferences in
    Cuba
    relating to a traveler’s profession, professional background, or area of expertise, provided
    that the purpose of the meeting or conference is not the promotion of tourism in Cuba. Travel in
    this category is generally licensed provided that the traveler’s schedule of activities does not
    include free time or recreation in excess of that consistent with a full-time schedule. An entire
    group does not qualify for the general license merely because some members of the group qualify
    individually. For a complete description of what this general license authorizes and the
    restrictions that apply, please see 31 CFR § 515.564.

  3. What constitutes “educational activities” for generally authorized travel and other
    transactions?

    OFAC has issued an expanded general license that incorporates prior specific licensing policy
    and authorizes, subject to conditions, transactions, including travel-related transactions, that are
    related to certain educational activities involving Cuba or Cuban nationals. Among other things,
    this general license authorizes, subject to conditions, faculty, staff, and students at U.S. academic
    institutions and secondary schools to engage in certain educational activities in Cuba, Cuban
    scholars to engage in certain educational activities in the United States, and certain activities to
    facilitate licensed educational programs. U.S. and Cuban universities may engage in academic
    exchanges and joint non-commercial academic research under the general license. This provision
    also authorizes persons subject to U.S. jurisdiction to provide standardized testing services and
    certain internet-based courses to Cuban nationals. An entire group does not qualify for the
    general license merely because some members of the group qualify individually. For a complete
    description of what this general license authorizes and the restrictions that apply, please see 31
    CFR § 515.565(a).

    12. Are secondary schools and secondary school students permitted to engage in travel-related
    tr
    ansactions under the general license for “educational activities”?

    Yes. Educational exchanges sponsored by Cuban or U.S. secondary schools involving secondary
    school students’ participation in a formal course of study or in a structured educational program
    offered by a secondary school or other academic institution, and led by a teacher or other
    secondary school official, are authorized under this general license. For a complete description of
    what this general license authorizes and the restrictions that apply, please see 31 CFR

    § 515.565 (a)(6). This provision allows for participation of a reasonable number of adult
    chaperones to accompany the secondary school student(s) to Cuba.

    13. What constitutes “people-to-people travel” for generally authorized travel?

    OFAC has issued a general license that incorporates prior specific licensing policy and
    authorizes, subject to conditions, travel-related transactions and other transactions that are
    directly incident to people-to-people educational activities in Cuba. Among other things, this
    general license authorizes, subject to conditions, persons subject to U.S. jurisdiction to engage in
    certain educational exchanges in Cuba under the auspices of an organization that is a person
    subject to U.S. jurisdiction and sponsors such exchanges to promote people-to-people contact.
    Additionally, an employee, paid consultant, or agent of the sponsoring organization must
    accompany each group traveling to Cuba to ensure the full-time schedule of educational exchange
    activities, and the predominant portion of the activities must not be with individuals or entities
    acting for or on behalf of a prohibited official of the Government of Cuba, as defined in 31 CFR
    § 515.337, or a prohibited member of the Cuban Communist Party, as defined in 31 CFR

    § 515.338. For a complete description of what this general license authorizes and the restrictions
    that apply, please see 31 CFR § 515.565(b).

    14. What is an “organization” in the people–to-people context?

    In the people-to-people context, an organization is an entity subject to U.S. jurisdiction that
    sponsors educational exchanges that do not involve academic study pursuant to a degree program
    and that promote people-to-people contact. For a complete description of what this general
    license authorizes and the restrictions that apply, please see 31 CFR § 515.565(b).

    15. Who is generally authorized to engage in travel-related transactions for “religious
    activities”?

    OFAC has issued an expanded general license that incorporates prior specific licensing policy
    and authorizes, subject to conditions, travel-related transactions and other transactions that are
    directly incident to religious activities in Cuba. All persons subject to U.S. jurisdiction, including
    religious organizations located in the United States and members and staff of such organizations,
    are generally authorized to engage in travel-related transactions that are directly incident to
    engaging in religious activities in Cuba provided, among other things, that the travel must be for
    the purpose of engaging in a program of religious activities.
    The traveler’s schedule of activities
    must not include free time or recreation in excess of that consistent with a full-time schedule in
    Cuba. For a complete description of what this general license authorizes and the restrictions that
    apply, please see 31 CFR § 515.566.

    1. What constitutes “public performances, clinics, workshops, athletic and other competitions,
      and exhibitions” for generally authorized travel?

      OFAC has issued an expanded general license that incorporates prior specific licensing policy
      and authorizes, subject to conditions, travel-related transactions and other transactions that are
      directly incident to participation in amateur and semi-professional international sports federation
      competitions as well as other athletic and other competitions and public performances, clinics,
      workshops, and exhibitions in Cuba. For a complete description of what this general license
      authorizes and the restrictions that apply, please see 31 CFR § 515.567.

    2. What constitutes “support for the Cuban people” for generally authorized travel and other
      transactions?

      OFAC has issued a general license that incorporates prior specific licensing policy and
      authorizes, subject to conditions, travel-related transactions and other transactions that are
      intended to provide support for the Cuban people, which include activities of recognized human
      rights organizations; independent organizations designed to promote a rapid, peaceful transition
      to democracy; and individuals and non-governmental organizations that promote independent
      activity intended to strengthen civil society in Cuba.
      The traveler’s schedule of activities must
      not include free time or recreation in excess of that consistent with a full-time schedule in Cuba.
      For a complete description of what this general license authorizes and the restrictions that apply,
      please see 31 CFR § 515.574.

    3. What constitutes “humanitarian projects” for generally authorized travel and other
      transactions?

      OFAC has issued a general license that incorporates prior specific licensing policy and
      authorizes, subject to conditions, transactions, included travel-related transactions, that are related
      to humanitarian projects in or related to Cuba. These authorized humanitarian projects include
      medical and health-related projects; construction projects intended to benefit legitimately
      independent civil society groups; disaster relief; historic preservation; environmental projects;
      projects involving formal or non-formal educational training, within Cuba or off-island, on the
      following topics: entrepreneurship and business, civil education, journalism, advocacy and
      organizing, adult literacy, or vocational skills; community-based grassroots projects; projects
      suitable to the development of small-scale private enterprise; projects that are related to
      agricultural and rural development that promote independent activity; microfinancing projects,
      except for loans, extensions of credit, or other financing prohibited by 31 C.F.R. § 515.208; and
      projects to meet basic human needs.
      The traveler’s schedule of activities must not include free
      time or recreation in excess of that consistent with a full-time schedule in Cuba. For a complete
      description of what this general license authorizes and the restrictions that apply, please see 31
      CFR § 515.575.

    4. What constitutes “activities of private foundations or research or educational institutes” for
      generally authorized travel?

      OFAC has issued a general license that incorporates previous specific licensing policy and
      authorizes, subject to conditions, travel-related transactions and other transactions that are
      directly incident to activities by private foundations or research or educational institutes with an
      established interest in international relations to collect information related to Cuba for
      noncommercial purposes, among other things
      . The traveler’s schedule of activities must not
      include free time or recreation in excess of that consistent with a full-time schedule in Cuba. For
      a complete description of what this general license authorizes and the restrictions that apply,
      please see 31 CFR § 515.576.

      1. What constitutes exportation, importation or transmission of information or informational
        materials
        ” for generally authorized travel?

        OFAC has issued a general license that incorporates prior specific licensing policy and
        authorizes, subject to conditions, travel-related transactions and other transactions that are
        directly incident to the exportation, importation, or transmission of information or informational
        materials in Cuba. The traveler’s schedule of activities must not include free time or recreation in
        excess of that consistent with a full-time schedule in Cuba. For a complete description of what
        this general license authorizes and the restrictions that apply, please see 31 CFR § 515.545. The
        definition of “information and informational materials” may be found at 31 CFR § 515.332.

      2. Can I purchase a ticket to Cuba directly from an airline based or operating out of the
        United States?

        Yes, provided that you are authorized to travel to Cuba pursuant to a general or specific license.
        Airlines subject to U.S. jurisdiction are authorized to provide air carrier services to authorized
        travelers, and travelers may purchase tickets provided that their travel is authorized pursuant to
        the CACR. Airlines and travelers are responsible for maintaining records of their Cuba-related
        transactions for at least five years.

      3. May a person that qualifies for the general license to provide carrier services transport a
        third-country national located in the United States to Cuba for travel authorized by a
        general license under one of the 12 categories of travel listed in Section 515.560 or by
        specific license from OFAC?

        Yes.

      4. May I take a commercial passenger ferry to travel to Cuba?

        Yes, provided that you are authorized to travel to Cuba pursuant to a general or specific license.
        Persons subject to U.S. jurisdiction are authorized to provide carrier services by vessel to
        authorized travelers, and travelers may purchase tickets provided that their travel is authorized
        pursuant to the CACR. The authorization to provide carrier services is limited to transportation
        of authorized travelers between the United States and Cuba and does not allow for stops in a third
        country. For a complete description of what this general license authorizes and the restrictions
        that apply, please see 31 CFR § 515.572.

      5. May an individual authorized traveler use his or her private boat to travel to Cuba?

        A person subject to U.S. jurisdiction engaging in authorized travel pursuant to an OFAC general
        or specific license may use a personal boat for his or her travel to Cuba provided that the
        temporary sojourn of the vessel is authorized by the Bureau of Industry and Security (BIS), and
        provided that he or she otherwise complies with all other applicable U.S. government laws and
        regulations. Goods exported to Cuba also require a license or must be eligible for a license
        exception from BIS. Please also see additional guidance on the OFAC website titled Guidance

        Regarding Travel Between the United States and Cuba.

        1. Are U.S. vessels, including private boats and commercial passenger ferries, permitted to

          carry passengers to or from Cuba?

          OFAC has issued a general license authorizing the provision of carrier services between the
          United States and Cuba by vessel, in addition to the existing authorization for provision of such
          services by aircraft. Those providing carrier services between the United States and Cuba may
          require additional authorizations from other U.S. government agencies. Goods exported to Cuba
          may also require separate authorization from BIS.

        2. May vessels transporting authorized travelers to Cuba provide lodging services?

          Yes. Section 515.572(a)(4) of the CACR permits persons subject to U.S. jurisdiction providing
          authorized carrier services by vessel to also provide lodging for authorized travelers onboard
          during the period of time the vessel is traveling to, from, or within Cuba, including when docked
          in a port in Cuba.

        3. Are authorized U.S. travelers permitted to travel onboard vessels in Cuba to meet their
          transportation needs within Cuba?

          Travel onboard a vessel in Cuba is permitted for authorized travel.

        4. Are there any spending limits for authorized U.S. travelers while in Cuba?

          There is no specific dollar limit on authorized expenses. Authorized travelers may engage in
          transactions ordinarily incident to travel within Cuba, including payment of living expenses and
          the acquisition in Cuba of goods for personal consumption there. In addition, travelers are
          authorized to acquire in Cuba and import as accompanied baggage into the United States
          merchandise with a value not to exceed $400 per person, provided that no more than $100 of the
          merchandise consists of alcohol or tobacco products and the merchandise is imported for personal
          use only.

        5. Are there any restrictions on what foreign persons entering the United States from travel
          that included Cuba may bring in their accompanied baggage?

          A non-U.S. person (i.e. not a U.S. citizen or resident) arriving in the United States is authorized to
          import Cuban-origin merchandise, other than tobacco and alcohol, as accompanied baggage
          provided the merchandise is not in commercial quantities and not imported for resale. See 31
          CFR § 515.569. If the non-U.S. person is on a trip that included travel to Cuba, the person also is
          authorized to import as accompanied baggage alcohol or tobacco products purchased or otherwise
          acquired in Cuba with a value not to exceed $100 for personal use only. See 31 CFR

          § 515.560(c)(3).

        6. Can I purchase Cuban-origin cigars and/or Cuban-origin rum or other alcohol while
          traveling in Cuba?

          Persons authorized to travel to Cuba may purchase alcohol and tobacco products while in Cuba
          for personal consumption while there. Authorized travelers may return to the United States with
          up to $100 worth of alcohol and/or tobacco products acquired in Cuba in accompanied baggage,
          for personal use only.

          1. Can I purchase Cuban-origin cigars and/or Cuban-origin rum or other Cuban-origin
            alcohol over the internet or while in a third country (i.e., not Cuba)?

            No. These transactions remain prohibited, and OFAC has not issued any general license that
            would authorize them.

          2. As an authorized traveler, may I travel from a third country to Cuba and from Cuba to a
            third country?

            Yes, a person subject to U.S. jurisdiction engaging in authorized travel-related transactions may
            travel to Cuba from a third country or to a third country from Cuba. Persons subject to U.S.
            jurisdiction traveling to and from Cuba via a third country may only do so if their travel-related
            transactions are authorized by a general or specific license issued by OFAC, and are subject to the
            same restrictions and requirements as persons traveling directly from the United States.

          III. Travel and Carrier Services

          1. Do air carriers or vessel operators need to obtain specific licenses from OFAC to provide
            services?

            No. An expanded general license authorizes persons subject to U.S. jurisdiction to provide
            carrier services by vessel or aircraft to, from, or within Cuba, in connection with authorized
            travel, without the need for a specific license from OFAC. However, while no additional license
            is required from OFAC, persons providing carrier services may still need to secure regulatory
            approvals from other concerned U.S. government agencies, including the Department of
            Commerce’s Bureau of Industry and Security, the Department of Transportation’s Office of the
            Secretary and the Federal Aviation Administration, and the Department of Homeland Security.
            For a complete description of what the OFAC general license authorizes and the restrictions that
            apply, please see 31 CFR § 515.572.

          2. Do travel service providers (such as travel agents and tour group operators) need to obtain
            specific licenses from OFAC to provide services for travel to Cuba?

            No. A general license authorizes persons subject to U.S. jurisdiction, including travel agents and
            tour group operators, to provide travel services in connection with authorized travel without the
            need for specific licenses from OFAC. For a complete description of what this general license
            authorizes and the restrictions that apply, please see 31 CFR § 515.572(a)(1). The provision of
            services related to travel for tourist or other unauthorized travel to Cuba remains prohibited.

          3. Are airlines, vessel operators, and travel service providers required to verify that an
            individual traveler is authorized to travel to Cuba?

            Persons subject to U.S. jurisdiction providing authorized carrier or travel services must retain for
            at least five years from the date of the transaction a certification from each customer indicating
            the provision of the CACR that authorizes the person to travel to Cuba. In the case of a customer
            traveling under a specific license, a copy of the license must be maintained on file. The names
            and addresses of individual travelers must also be maintained on file for at least five years. See
            31 CFR § 515.572(b).

            36. To which travelers may I provide carrier services between the United States and Cuba?

            Please see additional guidance on the OFAC website titled Guidance Regarding Travel between
            the United States and Cuba
            .


Filed under: Cuba Sanctions, Frequently Asked Questions (FAQ), Guidance, OFAC Updates

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