Frequently Asked Questions

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

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”?

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 the… Read more

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

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. Transactions… 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)?

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 exemptions… Read more

Frequently Asked Questions

Office of Terrorism and Financial Intelligence