July 18, 2016: OFAC adds #38, updates #39 in Cuba Sanctions FAQ

38. In the case of a customer traveling to or from Cuba under a specific license, may air carriers, vessel operators, and providers of travel services collect and retain on file the specific license number in lieu of a physical or electronic copy of the license?

Yes. On January 16, 2015, among other changes, OFAC revised the information collection and record retention requirements for persons subject to U.S. jurisdiction providing carrier or travel services to or from Cuba pursuant to § 515.572. OFAC subsequently received public feedback on technical barriers to collecting and retaining copies of licenses for customers traveling to or from Cuba pursuant to a specific license. In order to facilitate authorized Cuba-related travel, for customers traveling pursuant to a specific license, OFAC will consider the collection and retention of specific license numbers to be equivalent to collecting and retaining a copy of the license as required by § 515.572(b)(1). Persons subject to U.S. jurisdiction providing authorized carrier or travel services that choose to collect the specific license number in lieu of the license must maintain a record of that number, as well as the other required information set forth in § 515.572(b)(2), for at least five years.

39. 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 or the license number 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). This information, including certifications and copies of licenses or license numbers, may be maintained electronically.