Frequently Asked Questions

781. Do the exceptions to the 180-day rule authorize shipments to or from Cuba?

781 … No. The general licenses involving the 180-day rule only authorize certain vessels to enter a U.S. port within 180 days after leaving a port or place in Cuba; they do not authorize any shipments to or from Cuba. Shipments to or from Cuba may be separately authorized under other provisions of… Read more

782. If a foreign vessel is traveling to the United States via Cuba with cargo destined for the United States, may goods remain aboard the vessel for delivery to the United States while the vessel is docked in a Cuban port, and may that vessel and its cargo then enter the United States without being subject to the 180-day rule or the goods/passengers-on-board rule?

782 … Yes, provided that no other factors trigger the 180-day rule or the goods/passengers-on-board rule. For example, no goods may be unloaded in Cuba other than goods that would be designated as EAR99 or controlled on the Commerce Control List only for anti-terrorism reasons if they had been… Read more

783. May companies that use different ocean carriers as part of a broader shipping service utilizing code-sharing agreements take advantage of the exceptions to the “180-day rule”?

783 … The exceptions to the 180-day rule apply to each individual vessel that meets the requirements of the general license irrespective of any code-sharing arrangement. Thus, any shipping company may deploy a vessel in a broader shipping arrangement and, so long as the vessel meets the terms of… Read more

784. What types of telecommunications services are authorized under general license?

784 … Persons subject to U.S. jurisdiction are authorized to engage in transactions that establish mechanisms to provide commercial telecommunications services in Cuba or linking third countries and Cuba. Persons subject to U.S. jurisdiction are also authorized to engage in telecommunications-… Read more

785. What types of internet-based services are authorized under general license?

785 … The general license at 31 CFR § 515.578 authorizes the provision of certain services incident to the exchange of communications over the internet, services to support the exchange of communications over the internet, and services related to certain authorized exports or reexports. … Read more

786. Is “peering” — an arrangement of traffic exchange between internet networks — authorized by the CACR?

786 … Yes. For example, a U.S. company could enter into a peering arrangement with ETECSA, the Cuban telecommunications provider, for the provision of internet services. See § 515.542(b) . … Is “peering” — an arrangement of traffic exchange between internet networks — authorized by the …

787. Are services related to caching, such as the provision of data storage systems that reduce internet network traffic, authorized by the CACR?

787 … Yes. Section 515.578 authorizes the exportation or reexportation to Cuba of services incident to the exchange of communications over the internet. To the extent data caching services are incident to such exchanges of communications, the provision of such services is authorized. Section 515.… Read more

788. What type(s) of business arrangements are telecommunications and internet-based service providers that are subject to U.S. jurisdiction authorized to establish in Cuba?

788 … Section 515.573 of the CACR contains a general license that authorizes certain persons subject to U.S. jurisdiction, including telecommunications and internet-based service providers, to establish a physical and business presence in Cuba to provide authorized telecommunications and internet-… Read more

812. As a U.S. person, am I prohibited from engaging in transactions involving information or informational materials, including artwork, that are the property or subject to an interest in property of persons designated as Specially Designated Global Terrorists (SDGTs) under or otherwise blocked pursuant to Executive Order 13224, as amended, (E.O. 13224)?

812 … Yes. In general, any transaction or dealing by a U.S. person in any property or interests in property of persons designated as SDGTs under or otherwise blocked pursuant to E.O. 13224 is prohibited. Such property includes artwork and other information and information materials. Certain… Read more

813. As a member of the art community, what are my compliance obligations with respect to Executive Order 13224, as amended?

813 … U.S. persons (including galleries, museums, private art collectors, auction companies, and others that conduct or facilitate transactions involving artwork) must ensure that they do not engage in transactions with persons listed as Specially Designated Global Terrorists (SDGTs) on OFAC’s SDN… Read more

Frequently Asked Questions

Office of Terrorism and Financial Intelligence