759. Does the prohibition in 31 CFR § 515.209(a) require US businesses engaged in the Cuban market and that may undertake direct financial transactions with entities included on the State Department’s Cuba Restricted List to terminate their Cuba-related business relationships pursuant to the regulatory amendments?

Consistent with the Administration’s interest in not negatively impacting U.S. businesses for engaging in lawful commercial opportunities, most existing Cuba-related commercial engagements that include direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List continue to be permitted, pursuant to 31 CFR § 515.209 (c), provided that those commercial engagements were in place prior to November 9, 2017 (or the date the entity or subentity was otherwise added to the Cuba Restricted List, as published in the Federal Register). For example, businesses will be permitted to continue with authorized transactions outlined in contingent or other types of contractual arrangements agreed to prior to the issuance of the 2017 regulations, consistent with other OFAC authorizations. However, effective November 26, 2020, persons subject to U.S. jurisdiction will no longer be authorized to engage in any transactions relating to the collection, forwarding, or receipt of remittances involving any entity or subentity identified on the State Department’s Cuba Restricted List, regardless of whether any commercial engagements with the entity or subentity were in place prior to November 9, 2017 (or the date the entity or subentity was otherwise added to the Cuba Restricted List, as published in the Federal Register). For a complete description of the scope of the prohibition on direct financial transactions and the restrictions and exceptions that apply to transactions relating to the collection, forwarding, or receipt of remittances, see 31 CFR §§ 515.209, 515.421, 515.570. 515.572(a)(3) and 515.587.