Frequently Asked Questions

755. Is a U.S. or third-country financial institution required to independently verify that the underlying transactions giving rise to U.S. dollar monetary instruments presented for processing and payment pursuant to § 515.584(g) are authorized?

No. A financial institution receiving U.S. dollar monetary instruments for processing and payment directly or indirectly (in the case of a U.S. banking institution) may rely on the institution having presented such monetary instruments as confirmation that the underlying transactions are authorized… Read more

762. May U.S. companies exporting authorized goods to Cuba assemble such goods in Cuba?

Persons subject to U.S. jurisdiction that are exporting or reexporting items to Cuba pursuant to an authorization from the Department of Commerce or OFAC or that are otherwise exempt may assemble such items in Cuba provided that the assembly does not involve the incorporation of Cuban-origin goods… Read more

763. If an authorized export to Cuba requires servicing or repair, may a person subject to U.S. jurisdiction import the item into the United States or a third country for such servicing or repair?

Yes, provided such items were exported or reexported to Cuba pursuant to 31 CFR § 515.533(a) or 31 CFR § 515.559 . For a complete description of what this general licenses authorizes and the restrictions that apply, see 31 CFR § 515.533(b) . The exportation or reexportation of repaired or… Read more

764. Does 31 CFR § 515.533(a) authorize foreign subsidiaries of U.S. companies to export from a third country to Cuba foreign-manufactured items that are subject to the EAR?

No. Consistent with Section 1706 of the Cuban Democracy Act of 1992, (CDA), the general license provided at 31 CFR § 515.533(a) does not authorize any transaction between a U.S.-owned or -controlled firm in a third country and Cuba for the exportation to Cuba of commodities produced in a country… Read more

767. What types of payment or financing terms may be utilized for authorized exports and reexports of agricultural commodities to Cuba?

For such exports and reexports, only the following payment and financing terms may be used: payment of cash in advance, or financing by a banking institution located in a third country, subject to certain restrictions. This limitation is required by the Trade Sanctions Reform and Export Enhancement… Read more

769. 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 and persons subject to U.S. jurisdiction located in third countries may import into the United States as accompanied baggage merchandise acquired in Cuba provided that the merchandise is for personal use only. Please note that, as… Read more

770. What types of goods and services produced by independent private sector entrepreneurs are authorized for importation into the United States from Cuba pursuant to 31 CFR § 515.582?

Pursuant to 31 CFR § 515.582 , certain goods and services produced by independent private sector entrepreneurs, as defined in 31 CFR § 515.340 , and as set forth in a list maintained by the State Department on its website , are authorized for importation. Persons subject to U.S. jurisdiction may… Read more

778. Does a person subject to U.S. jurisdiction require an OFAC specific license to pay an insurance claim that arises from authorized activity in Cuba if the payment involves a Cuban national?

Where the provision of insurance-related services is authorized by general license, either expressly or as a transaction ordinarily incident to a licensed transaction, this authorization extends to the payment or settlement of claims, including to a Cuban …

779. What are the “180-day rule” and the “goods/passengers-on-board rule”?

The 180-day rule is a statutory restriction prohibiting any vessel that enters a port or place in Cuba to engage in the trade of goods or the purchase or provision of services there from entering any U.S. port for the purpose of loading or unloading freight for 180 days after leaving Cuba, unless… Read more

780. Are there any exceptions to the 180-day rule and the goods/passengers-on-board rule?

Yes. OFAC has authorized by general license certain exceptions to these rules. If a vessel engages only in one or more of the following activities with Cuba, it will qualify for the general license and therefore will not be subject to the 180-day rule or the goods/passengers-on-board rule: Engaging… Read more

Frequently Asked Questions

Office of Terrorism and Financial Intelligence