-
Is Cuba open for U.S. business and investment?
Persons subject to U.S. jurisdiction are prohibited from doing business or investing in Cuba
unless licensed by OFAC. An OFAC general license authorizes the exportation from the United
States, and the reexportation of 100% U.S.-origin items from third countries, to Cuba only in
those cases where the exportation or reexportation is licensed or otherwise authorized by the
Commerce Department’s Bureau of Industry and Security (BIS). BIS currently authorizes limited
categories of items to be exported or reexported to Cuba.
-
Can U.S. trade delegations travel to Cuba?
Trade delegations are authorized to travel to Cuba only if each member of the delegation meets
the criteria of an applicable general license authorizing travel to Cuba or has obtained a specific
license from OFAC. Authorized trade delegations generally fall under one of two general
licenses for travel authorization; either (1) 31 CFR § 515.533(d), which authorizes travel-related
and other transactions incident to the exportation of certain authorized goods from the U.S. to
Cuba, specifically the conduct of “market research, commercial marketing, sales negotiation,
accompanied delivery, or servicing in Cuba of items consistent with the export or reexport
licensing policy of the Commerce Department,” or (2) 31 C.F.R. § 515.564(a), which authorizes
transactions related to professional research or professional meetings in Cuba. For a complete
description of what these general licenses authorize and the restrictions that apply, please see 31
CFR §§ 515.533(d) and 515.564(a).
-
May persons subject to U.S. jurisdiction open an office in Cuba?
Persons subject to U.S. jurisdiction in the following categories are authorized to establish and
maintain a physical presence, such as an office, warehouse, or retail outlet, in Cuba to engage in
transactions authorized by or exempt from the CACR: new bureaus; exporters of certain goods
authorized for export or reexport pursuant to 31 CFR §§ 515.533 and 515.559; entities providing
mail or parcel transmission services; providers of telecommunications or internet-based services;
entities organizing or conducting certain educational activities; religious organizations; and
providers of carrier and certain travel services. These persons may employ Cuban nationals in
Cuba as well as persons subject to U.S. jurisdiction in Cuba (and such persons may maintain a
domicile in Cuba). These persons may open and maintain bank accounts to facilitate authorized
transactions. For a complete description of what this general license authorizes and the
restrictions that apply, please see 31 CFR § 515.573.
-
Are insurers allowed to provide travel insurance for authorized travel to Cuba?
Yes. See 31 CFR § 515.560.
-
May U.S. insurers issue policies and pay claims related to group health, life, and travel
insurance on behalf of third-country nationals traveling to or within Cuba?
Yes, provided that the insurance policy is as global policy. Section 515.580 of the CACR
authorizes persons subject to U.S. jurisdiction to issue or provide global health, life, or travel
insurance policies for individuals ordinarily resident in a country outside of Cuba who travel to or
within Cuba, regardless of whether the insurance policy is issued only to that individual or to a
group, such as to all employees of a particular company. For instance, a U.S. insurer may pay
medical claims pursuant to a group health insurance policy to or on behalf of a covered third-country national injured while traveling in Cuba. However, this provision does not authorize a
person subject to U.S. jurisdiction to issue an insurance policy that is specific to travel to
Cuba. A separate provision of the CACR, 31 CFR § 515.560, authorizes the provision of health,
life, and travel insurance-related services for authorized U.S. travelers.
-
May U.S. insurers, either directly or through third-country subsidiaries, issue policies, or
pay insurance or reinsurance claims related to non-U.S. persons providing goods or services
that facilitate travel by third-country nationals from a third country to Cuba?
Other than certain global health, life, or travel insurance policies for individuals, absent specific
authorization from OFAC, U.S. insurers and their subsidiaries are not permitted to issue policies,
provide reinsurance coverage, or pay insurance or reinsurance claims related to non-U.S. persons,
including entities such as foreign airlines, providing goods or services that facilitate travel by
third-country nationals from a third country to Cuba.
-
Are insurance policies that are issued to a “group” (e.g., an employer and its employees)
authorized by the CACR?
Section 515.580 of the CACR authorizes global insurance policies covering individuals ordinarily
resident in a country outside of Cuba traveling to Cuba. The policy may be issued to a group,
such as all employees of a company. The “global” requirement means it cannot be specific to
travel to Cuba. For example, it does not authorize an individual travel policy issued to a traveler
specifically to cover a planned trip to Cuba. It also does not authorize issuing a policy to a non-
U.S. travel agent specifically to cover its traveler clients where the travel agency is solely in the
business of planning trips to Cuba.
-
What types of Cuban-origin goods are authorized for importation directly into the United
States?
Persons subject to U.S. jurisdiction authorized to travel to Cuba may import into the United States
as accompanied baggage merchandise acquired in Cuba with a value not to exceed $400 per
person, including no more than $100 in alcohol and tobacco products.
Persons subject to U.S. jurisdiction are also authorized to import certain goods produced by
independent Cuban entrepreneurs as determined by the State Department, as set forth in the State
Department’s Section 515.582 list. For travelers importing authorized goods into the United
States pursuant to § 515.582 as accompanied baggage, the $400 monetary limit does not apply to
such goods. If these goods are for personal use, certain personal exemptions from U.S. Customs
and Border Protection may apply.
The importation into the United States from Cuba of information and informational materials is
exempt from the prohibitions of the CACR. The definition of “information and informational
materials” may be found at 31 CFR § 515.332.
-
Posted with BlogsyFiled under: Cuba Sanctions, Frequently Asked Questions (FAQ), Guidance, OFAC Updates
