Travel-related transactions are permitted by general or specific licenses for certain travel related to the 12 categories of activities identified in 31 CFR § 515.560(a).  Those travel-related transactions permitted by general license, subject to specified criteria and conditions, include: family visits; official business of the U.S. government, foreign governments, and certain intergovernmental organizations; journalistic activity; professional research and professional meetings; educational activities; religious activities; athletic competitions by amateur or semi-professional athletes or athletic teams; support for the Cuban people; humanitarian projects; activities of private foundations or research or educational institutes; exportation, importation, or transmission of information or information materials; and certain authorized export transactions.  Each person relying on a certain general authorization must retain specific records related to the authorized travel transactions.  See §§ 501.601 and 501.602 of the Reporting, Procedures and Penalties Regulations for applicable recordkeeping and reporting requirements.

Effective June 9, 2022, OFAC amended § 515.564(a) to include a general license authorizing, subject to conditions, persons subject to U.S. jurisdiction to travel to Cuba for purposes of attending or organizing professional meetings or conferences in Cuba.  OFAC also amended § 515.565 to remove certain restrictions on authorized academic educational activities (§ 515.565(a)) and to authorize group people-to-people educational travel conducted under the auspices of an organization that is subject to U.S. jurisdiction and that sponsors such exchanges to promote people-to-people contact, provided such travelers are accompanied by an employee, paid consultant, or agent of the sponsoring organization (§ 515.565(b)).  Travel-related transactions authorized pursuant to § 515.565(b) must be for the purpose of engaging, while in Cuba, in a full-time schedule of activities that are intended to enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities; and will result in meaningful interactions with individuals in Cuba.  This amendment does not authorize individual people-to-people travel.  Travel for tourist activities is not permitted.

The CACR continue to include the prohibition added on November 9, 2017 that restricts certain direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List.  For a description of the scope of the prohibition on direct financial transactions and the restrictions and exceptions that apply, see § 515.209.   

Also, the CACR continue to include a prohibition added on September 24, 2020 at § 515.210, which prohibits any person subject to U.S. jurisdiction from lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property that the Secretary of State has identified as a property in Cuba that is owned or controlled by:  the Cuban government; a prohibited official of the Government of Cuba, as defined in § 515.337; a prohibited member of the Cuban Communist Party, as defined in § 515.338; a close relative, as defined in § 515.339, of a prohibited official of the Government of Cuba, or a close relative of a prohibited member of the Cuban Communist Party, when the terms of the general or specific license expressly exclude such a transaction.  The State Department maintains the Cuba Prohibited Accommodations List, which identifies the names, addresses, or other identifying details, as relevant, of properties identified as meeting such criteria. 

Updated: June 08, 2022

Consistent with the Administration’s interest in avoiding negative impacts on Americans for arranging lawful travel to Cuba, any travel-related arrangements that include direct financial transactions with entities and subentities that appear on the State Department’s Cuba Restricted List will continue to be permitted, provided that those travel arrangements were initiated prior to the State Department’s addition of the entity or subentity to the list. Once the State Department adds an entity or subentity to the Cuba Restricted List, new direct financial transactions with the entity or subentity are prohibited, unless authorized by OFAC or exempt. For a complete description of the scope of the prohibition on direct financial transactions and the restrictions and exceptions that apply, see 31 CFR § 515.209.

No. No further permission from OFAC is required to engage in transactions by a person who meets all criteria in a general license. Individuals wishing to engage in activities that may fall within the scope of a general license should review the relevant general licenses contained in the CACR to determine whether their travel-related transactions are covered by such general licenses. Persons subject to U.S. jurisdiction who wish to engage in any travel within the 12 categories of activities specified in the CACR that does not meet the requirements of a general license will need to apply for a specific license from OFAC.

No. Consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA), travel-related transactions involving Cuba are only permitted for the 12 categories of activities identified in the CACR. Travel-related transactions for other purposes remain prohibited.

OFAC regulations generally authorize persons subject to U.S. jurisdiction and those sharing a dwelling with them as a family to visit a close relative in Cuba, including a close relative who is a Cuban national or a person ordinarily resident in Cuba, or to visit or accompany a close relative who is located in or traveling to Cuba pursuant to the authorizations in § 515.562 (official government business), § 515.563 (journalistic activity), § 515.564(a) (professional research), § 515.565(a)(1)(i) through (iv) and (vi) (educational activities), § 515.566 (religious activities), § 515.575 (humanitarian projects), or § 515.576 (activities of private foundations or research or educational institutes). A close relative is defined as any individual related to a person “by blood, marriage, or adoption who is no more than three generations removed from that person or from a common ancestor with that person.” For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.339 and § 515.561. In accordance with NSPM-5, OFAC amended the general license in § 515.561 to exclude direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List from the authorizations. For a description of the scope of the prohibition on direct financial transactions and the restrictions and exceptions that apply, see 31 CFR § 515.209

Section 515.563 of the CACR contains a general license that authorizes, subject to conditions, travel-related transactions and other transactions that are directly incident to journalistic activities in Cuba. Among other things, this general license authorizes, subject to conditions, full-time journalists, supporting broadcast or technical personnel, and freelance journalists to travel to Cuba. The traveler’s schedule of activities must not include free time or recreation in excess of that consistent with a full-time schedule. An entire group does not qualify for the general license merely because some members of the group qualify individually. Also, and effective September 24, 2020, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.563.

31 CFR § 515.564 (a)(1) contains a general license that authorizes, subject to conditions, travel-related transactions and other transactions that are directly incident to professional research in Cuba.  Among other things, this general license authorizes, subject to conditions, professional research in Cuba relating to a traveler’s profession, professional background, or area of expertise.

Effective June 9, 2022, OFAC amended § 515.564(a) to include a general license authorizing, subject to conditions, travel-related and other transactions incident to attendance at or organization of professional meetings or conferences in Cuba.  This general license authorizes persons subject to U.S. jurisdiction to travel to Cuba for purposes of attending or organizing professional meetings or conferences, such as  meetings or conferences to support expanded internet access and remittance processing companies and to provide additional support and training to independent Cuban entrepreneurs. 

Please note that these general licenses exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210.  For a complete description of the scope of this prohibition, see § 515.210.  The traveler’s schedule of activities must not include free time or recreation in excess of that consistent with a full-time schedule of professional research or a full-time schedule of attendance at, or organization of, professional meetings or conferences, respectively.  An entire group does not qualify for the general license merely because some members of the group qualify individually.  For a complete description of what these general licenses authorize and the restrictions that apply, see § 515.564.

Updated: June 08, 2022

Persons subject to U.S. jurisdiction, including U.S. academic institutions and their faculty, staff, and students, are authorized to engage in the travel-related transactions set forth in 31 CFR § 515.560(c) and such additional transactions as are directly incident to the 12 categories of educational activities, as described in § 515.565(a).  Among other things, this general license authorizes, subject to conditions, faculty, staff, and students at U.S. academic institutions and secondary schools to engage in certain educational activities, including study abroad programs, in Cuba, Cuban scholars to engage in certain educational activities in the United States, and certain activities to facilitate licensed educational programs. U.S. and Cuban universities may engage in academic exchanges and joint non-commercial academic research under the general license.  This provision also authorizes persons subject to U.S. jurisdiction to provide standardized testing services and certain internet-based courses to Cuban nationals.  For a complete description of what this general license authorizes and the restrictions that apply, see § 515.565.

In addition, a general license at § 515.565(b) authorizes, subject to conditions, group people-to-people educational travel conducted under the auspices of an organization that is subject to U.S. jurisdiction and that sponsors such exchanges to promote people-to-people contact, provided such travelers are accompanied by an employee, paid consultant, or agent of the sponsoring organization.  See FAQ 704.

Please note that this general license excludes direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List.  For a description of the scope of the prohibition on direct financial transactions and the restrictions and exceptions that apply, see § 515.209.  This general license also excludes from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. 

Updated: June 08, 2022

Yes. Educational exchanges, including study abroad programs, sponsored by Cuban or U.S. secondary schools involving secondary school students’ participation in a formal course of study or in a structured educational program offered by a secondary school or other academic institution, and led by a teacher or other secondary school official are authorized. Such exchanges must take place under the auspices of an organization that is a person subject to U.S. jurisdiction, and a person subject to U.S. jurisdiction who is an employee, paid consultant, agent, or other representative of the sponsoring organization (including the leading teacher or secondary school official) must accompany each group traveling to Cuba. Also, and effective September 24, 2020, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. 

Persons subject to U.S. jurisdiction may not travel to Cuba to engage in “people-to-people” educational exchanges on an individual basis.  However, group people-to-people travel is generally authorized for educational activities, subject to certain conditions.  Effective June 9, 2022, OFAC amended 31 CFR § 515.565(b) to authorize group people-to-people educational travel conducted under the auspices of an organization that is subject to U.S. jurisdiction and that sponsors such exchanges to promote people-to-people contact, provided such travelers are accompanied by an employee, paid consultant, or agent of the sponsoring organization.  Travel-related transactions authorized pursuant to § 515.565(b) must be for the purpose of engaging, while in Cuba, in a full-time schedule of activities that are intended to enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities; and will result in meaningful interactions with individuals in Cuba.  

For a complete description of what this general license authorizes and the restrictions that apply, see § 515.565. 

The export or reexport to Cuba of items subject to the Export Administration Regulations (15 CFR parts 730 through 774), including vessels and aircraft used to provide carrier services, may require separate authorization from the Department of Commerce, Bureau of Industry and Security (BIS).  See § 515.533.  For additional information regarding BIS’s export controls, see BIS’s Cuba webpage.

Updated: June 08, 2022

Section 515.566 of the CACR contains a general license that authorizes, subject to conditions, travel-related transactions and other transactions that are directly incident to religious activities in Cuba. All persons subject to U.S. jurisdiction, including religious organizations located in the United States and members and staff of such organizations, are generally authorized to engage in travel-related transactions that are directly incident to engaging in religious activities in Cuba provided, among other things, that the travel must be for the purpose of engaging in a program of religious activities. In accordance with NSPM-5, OFAC amended this general license to exclude from the authorization direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. Also, and effective September 24, 2020, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. The traveler’s schedule of activities must not include free time or recreation in excess of that consistent with a full-time schedule in Cuba. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.566.

Section 515.567(a) of the CACR contains a general license that authorizes, subject to conditions, travel-related transactions and other transactions that are directly incident to organization of and participation in amateur and semi-professional international sports federation competitions. Transactions incident to the organization of such competitions include marketing related to those specific events in Cuba.  

Effective September 24, 2020, OFAC amended section 515.567 to remove a general authorization related to public performances, clinics, workshops, other athletic or non-athletic competitions, and exhibitions previously found at § 515.567(b). OFAC will consider issuing specific licenses, on a case-by-case basis, for travel-related transactions and other transactions that are directly incident to participation in or organization of a public performance, clinic, workshop, athletic competition not covered by the general license in § 515.567(a), non-athletic competition, or exhibition in Cuba, subject to certain conditions. As a result of these amendments, effective September 24, 2020, the only remaining general license in Section 515.567 for participation in and organization of athletic competitions in Cuba will be the general license in § 515.567(a) for athletic competitions by amateur or semi-professional athletes or athletic teams.

In accordance with NSPM-5, OFAC amended this general license to exclude from the authorization direct financial transactions with entities and subentities identified on the Cuba Restricted List. Also effective September 24, 2020, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.567.
 

Section 515.574 of the CACR contains a general license that authorizes, subject to conditions, travel-related transactions and other transactions that are intended to provide support for the Cuban people, which include activities of recognized human rights organizations; independent organizations designed to promote a rapid, peaceful transition to democracy; and individuals and non-governmental organizations that promote independent activity intended to strengthen civil society in Cuba. In accordance with NSPM-5, OFAC amended this general license on November 8, 2017 to require that each traveler utilizing this authorization engage in a full-time schedule of activities that enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities and that result in meaningful interactions with individuals in Cuba. OFAC also amended this general license to exclude from the authorization certain direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. Also, and effective September 24, 2020, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. The traveler’s schedule of activities must not include free time or recreation in excess of that consistent with a full-time schedule in Cuba. An entire group does not qualify for this general license merely because some members of the group qualify individually. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.574.

Section 515.575 of the CACR contains a general license that authorizes, subject to conditions, transactions, including travel-related transactions, that are related to humanitarian projects in or related to Cuba. These authorized humanitarian projects are: medical and health-related projects; construction projects intended to benefit legitimately independent civil society groups; disaster preparedness, relief, and response; historical preservation; environmental projects; projects involving formal or non-formal educational training, within Cuba or off-island, on the following topics: entrepreneurship and business, civil education, journalism, advocacy and organizing, adult literacy, or vocational skills; community-based grassroots projects; projects suitable to the development of small-scale private enterprise; projects that are related to agricultural and rural development that promote independent activity; microfinancing projects, except for loans, extensions of credit, or other financing prohibited by 31 CFR § 515.208; and projects to meet basic human needs. Also, and effective September 24, 2020, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. For persons traveling pursuant to this authorization, the traveler’s schedule of activities must not include free time or recreation in excess of that consistent with a full-time schedule in Cuba. An entire group does not qualify for this general license merely because some members of the group qualify individually. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.575

Section 515.576 of the CACR contains a general license that authorizes, subject to conditions, travel-related transactions and other transactions that are directly incident to activities by private foundations or research or educational institutes with an established interest in international relations to collect information related to Cuba for noncommercial purposes, among other things. In accordance with NSPM-5, OFAC amended this general license to exclude from the authorization direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. Also, and effective September 24, 2020, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. The traveler’s schedule of activities must not include free time or recreation in excess of that consistent with a full-time schedule in Cuba. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.576. Additionally, 31 CFR § 515.573(d) authorizes private foundations or research or educational institutes engaging in transactions authorized by § 515.576 to establish a physical presence in Cuba, such as an office. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.573(a).

The general license at 31 CFR § 515.545(b)(1) authorizes, subject to conditions, travel-related transactions and other transactions that are directly incident to the exportation, importation, or transmission of information or informational materials. In accordance with NSPM-5, OFAC amended this general license to exclude from the authorization direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. Also, and effective September 24, 2020, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. The traveler’s schedule of activities must not include free time or recreation in excess of that consistent with a full- time schedule in Cuba. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.545(b)(1).

The general license at 31 CFR §515.545(b)(2) authorizes, subject to conditions, travel-related transactions and other transactions that are directly incident to professional media or artistic productions of information or informational materials for exportation, importation, or transmission, including the filming or production of media programs (such as movies and television programs), the recording of music, and the creation of artworks in Cuba, provided that the traveler is regularly employed in or has demonstrated professional experience in a field relevant to such professional media or artistic productions. In accordance with NSPM-5, OFAC amended this general license to exclude from the authorization direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List.

Also, and effective September 24, 2020, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. The traveler’s schedule of activities must not include free time or recreation in excess of that consistent with a full-time schedule. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.545(b)(2). The definition of “information and informational materials” may be found at 31 CFR § 515.332. 

Authorized travelers to Cuba pursuant to most general license categories are expected to maintain a full-time schedule of activities consistent with the terms of the general license(s) pursuant to which they are traveling. For example:

• An individual traveling to Cuba for four days pursuant to the authorization for professional research (31 CFR § 515.564(a)), such as a professional  architect, could conduct two days of research on Cuban architectural heritage that directly relates to the traveler’s profession, followed by one day of meetings with Cuban nationals engaging in historical preservation of colonial and baroque buildings in Havana. The following day the traveler could engage in a full day of site visits and fact-finding around Havana at key architectural sites.
• An individual traveling pursuant to the authorization for journalistic activities could engage in three full days of interviews with local residents, followed by one full day of follow-up investigative research at local institutions.
• A group of friends traveling to Cuba could maintain a full-time schedule volunteering with a recognized non-governmental organization to build a school for underserved Cuban children with the local community (31 CFR § 515.574). The travelers would need to ensure that their activities promote independent activity intended to strengthen civil society in Cuba and that they engage in a full-time schedule of activities that enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities, and result in meaningful interaction between the travelers and individuals in Cuba. 

Yes, provided that you are authorized to travel to Cuba pursuant to an OFAC general or specific license. Airlines and travelers are responsible for maintaining records of their Cuba-related transactions for at least five years.

Yes.

The export or reexport to Cuba of items subject to the EAR, including commercial vessels used to provide carrier services and private vessels, requires separate authorization from the Department of Commerce. See 31 CFR § 515.533. For a complete description of BIS’s regulatory requirements, see BIS’s Cuba webpage.

While 31 CFR § 515.572 generally authorizes the provision of carrier services, OFAC amended its regulations effective June 5, 2019 to highlight the separate BIS requirements. For a complete description of what the OFAC general license authorizes and the restrictions that apply, see 31 CFR § 515.572.

The export or reexport to Cuba of items subject to the EAR, including commercial vessels used to provide carrier services and private vessels, requires separate authorization from the Department of Commerce. See 31 CFR § 515.533. For a complete description of BIS’s regulatory requirements, see BIS’s Cuba webpage.

While 31 CFR § 515.572 generally authorizes the provision of carrier services, and 31 CFR § 515.572(a)(4) generally authorizes the provision of lodging services by persons subject to U.S. jurisdiction who are authorized to provide carrier services, OFAC amended its regulations effective June 5, 2019 to highlight the BIS requirements. For a complete description of what the OFAC general license authorizes and the restrictions that apply, see 31 CFR § 515.572.

Travel onboard a vessel in Cuba is permitted for authorized travel.

There is no specific dollar limit on authorized expenses; however, in accordance with National Security Presidential Memorandum-5 on Strengthening the Policy of the United States Toward Cuba, OFAC amended the Cuban Assets Control Regulations to restrict persons subject to U.S. jurisdiction from engaging in direct financial transactions with entities or subentities identified on the State Department’s Cuba Restricted List, with certain exceptions. See 31 CFR §§ 515.209 and  515.421. Consistent with these authorizations and restrictions, authorized travelers may engage in transactions ordinarily incident to travel within Cuba, including payment of living expenses and the acquisition in Cuba of goods for personal consumption there. OFAC amended 31 CFR § 515.421 to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the State Department’s Cuba Prohibited Accommodations List to the extent prohibited by 31 CFR § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. In addition, travelers are authorized to acquire in Cuba and import as accompanied baggage into the United States merchandise for personal use only; effective September 24, 2020, this authorization excludes imports into the United States of Cuban-origin alcohol or tobacco products. OFAC considers “personal use” of an imported item to include giving the item to another individual as a personal gift, but not the transfer of the item to another person for payment or other consideration. Value imports remain subject to the normal limits on duty and tax exemptions for merchandise imported as accompanied baggage and for personal use. 

A non-U.S. person (i.e., not a U.S. citizen or resident) arriving in the United States is authorized to import Cuban-origin merchandise as accompanied baggage provided the merchandise is not in commercial quantities, is not imported for resale, and does not include Cuban-origin alcohol or tobacco products. See 31 CFR § 515.569. 

Persons authorized to travel to Cuba may purchase alcohol and tobacco products while in Cuba for personal consumption in Cuba. Please note that effective September 24, 2020, authorized travelers may no longer return to the United States with alcohol and/or tobacco products acquired in Cuba as accompanied baggage for personal use.

Persons subject to U.S. jurisdiction may purchase or acquire Cuban-origin merchandise, including alcohol and tobacco products, while in a third country for personal consumption outside the United States. Please note that effective September 24, 2020, authorized travelers may no longer import such products into the United States.  For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.585(c) and (d).

Yes, a person subject to U.S. jurisdiction engaging in authorized travel-related transactions may travel to Cuba from a third country or to a third country from Cuba. Persons subject to U.S. jurisdiction traveling to and from Cuba via a third country may only do so if their travel-related transactions are authorized by a general or specific license issued by OFAC, and such travelers are subject to the same restrictions and requirements as persons traveling directly from the United States.

The general license authorizing travel-related transactions incident to the exportation or reexportation of authorized goods includes travel-related and such other transactions directly incident to the facilitation of the temporary sojourn of aircraft authorized by the Department of Commerce for travel between the United States and Cuba and that are transporting other authorized travelers. This authorization includes travel-related transactions by persons subject to U.S. jurisdiction who are required for normal operation and service on board an aircraft or who are required to provide services to an aircraft on the ground. Travel-related transactions by such persons must be limited to the duration and scope of their duties in relation to the particular authorized temporary sojourn. For a complete description of what the OFAC general license authorizes and the restrictions that apply, see 31 CFR § 515.533(c)(2).

For a complete description of BIS’s regulatory requirements, see BIS’s Cuba webpage.

No. A general license authorizes persons subject to U.S. jurisdiction to provide carrier services by vessel or aircraft to, from, or within Cuba, in connection with authorized travel, without the need for a specific license from OFAC. For a complete description of what the OFAC general license authorizes and the restrictions that apply, see 31 CFR § 515.572(a)(2).

However, while no additional license is required from OFAC, the export or reexport of certain vessels or aircraft providing carrier services under § 515.572(a)(2) requires separate authorization from BIS. For a complete description of BIS’s regulatory requirements, see BIS’s Cuba webpage.

In addition, persons providing carrier services may still need to secure regulatory approvals from other concerned U.S. government agencies, including the Department of Transportation’s Office of the Secretary and the Federal Aviation Administration, and the Department of Homeland Security.

No. A general license authorizes persons subject to U.S. jurisdiction, including travel agents and tour group operators, to provide travel services in connection with authorized travel without the need for specific licenses from OFAC. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.572(a)(1). In accordance with NSPM-5, OFAC amended this general license to exclude from the authorization certain direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. Also, effective September 24, 2020, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. The provision of services related to travel for tourist activities or other unauthorized travel to Cuba remains prohibited. 

Persons subject to U.S. jurisdiction are authorized to provide carrier services either directly or indirectly between the United States and Cuba for authorized travelers, provided that they hold any additional authorizations required by other U.S. government agencies. For a complete description of what the OFAC general license authorizes and the restrictions that apply, see 31 CFR § 515.572(a)(2).

The export or reexport of vessels or aircraft providing carrier services under 31 CFR § 515.572(a)(2) requires separate authorization from BIS. For a complete description of BIS’s regulatory requirements, see BIS’s Cuba webpage.

Yes. OFAC allows persons subject to U.S. jurisdiction providing authorized carrier or travel services to a customer traveling under a specific license to maintain either the specific license number or a copy of the license on file. See 31 CFR § 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), for at least five years.

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 collected and maintained in any form, including electronically.

The entry into blocked space, code-sharing, or leasing agreements to facilitate the provision of carrier services by air is authorized. For a complete description of what the OFAC general license authorizes and the restrictions that apply, see 31 CFR § 515.572(a)(2)(ii). Transactions, including the remittance of payments, ordinarily incident to such arrangements are also authorized (see 31 CFR § 515.421).Further, OFAC amended this general license to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the State Department’s Cuba Prohibited Accommodations List to the extent prohibited by 31 CFR § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. Certain transactions ordinarily incident to such arrangements are also authorized (see 31 CFR § 515.421 for additional information and restrictions).

• Persons subject to U.S. jurisdiction who are traveling to or from Cuba pursuant to a general license under one of the 12 categories of travel listed in section 515.560 of CACR, 31 CFR part 515 (CACR), or under a specific license from OFAC may be transported between the United States and Cuba.
• Cuban nationals applying for admission to the United States, as well as third-country nationals, with a valid visa or other travel authorization issued by the U.S. government may be transported to the United States from Cuba. (This includes individuals eligible to enter the United States under the Visa Waiver Program (VWP), as administered through the Electronic System for Travel Authorization (ESTA).)
• Cuban nationals present in the United States in a non-immigrant status or pursuant to other  non-immigrant travel authorization issued by the U.S. government may be transported from the United States to Cuba. Cuban nationals who have taken up residence in the United States and are licensed as unblocked nationals pursuant to 31 CFR § 515.505(a)(1) are persons subject to U.S. jurisdiction and may be transported between the United States and Cuba if they meet the criteria set out in the first bullet above.
• An individual, including a foreign national, who is traveling on official business of the U.S. government, a foreign government, or an intergovernmental organization of which the United States is a member or in which the United States holds observer status — including an employee, contractor, or grantee of such government or intergovernmental organization and any individual traveling on a diplomatic passport, as well as any close relative, as defined in 31 CFR § 515.339, accompanying the traveler — may be transported between the United States and Cuba.

Section 515.572 of the CACR authorizes persons subject to U.S. jurisdiction to provide carrier services to, from, or within Cuba, in connection with travel and transportation of individuals between the United States and Cuba, directly or indirectly, authorized pursuant to the CACR. BIS regulates the temporary sojourn to Cuba of both aircraft and vessels, which in some cases is authorized by License Exception Aircraft, Vessels and Spacecraft (AVS) but may require separate authorization by BIS. Persons engaging in carrier services may require additional authorizations by other U.S. government agencies. Persons subject to U.S. jurisdiction providing travel or carrier services are required to retain for at least five years from the date of the transaction a certification from each customer indicating the section of the CACR, or a copy of the specific license or the specific license number, that authorizes the person to travel to Cuba. Certifications may be collected and maintained in any form, including electronically, and must be retained for at least five years from the date of the transaction. 

Section 515.533 of the CACR authorizes all transactions ordinarily incident to the export to Cuba of items licensed or otherwise authorized by BIS. Accordingly, a person providing carrier services for authorized travelers going from the United States to Cuba may transport cargo and baggage accompanying an authorized traveler provided that the export of the cargo and baggage is authorized by BIS. Additionally, a person providing carrier services for authorized travelers going from the United States to Cuba may transport other cargo or unaccompanied baggage whose export to Cuba is authorized by BIS.

The exportation of information and informational materials, as defined in section 515.332 of the CACR, to Cuba from the United States is exempt from the prohibitions of the CACR.

Under the CACR, an authorized traveler departing Cuba for the United States may carry as accompanied baggage:

• For persons subject to U.S. jurisdiction, Cuban-origin items for personal use only, as authorized by 31 CFR § 515.560(c) (3). Please note that, as of September 24, 2020, this authorization no longer applies to Cuban-origin alcohol or tobacco products.
• For foreign nationals, Cuban-origin items, provided that such goods are not in commercial quantities, are not imported for resale, and do not include Cuban-origin alcohol or tobacco products as authorized by 31 CFR § 515.569. 
• For all travelers, goods produced by Cuban entrepreneurs as authorized by 31 CFR § 515.582 and the State Department’s Section 515.582 List.
• For a traveler who left the United States for Cuba and is now returning to the United States, any items the traveler temporarily exported to Cuba pursuant to a BIS authorization.

Additionally, persons authorized to provide carrier services may transport from Cuba to the United States cargo, other than accompanied baggage, the importation of which has been authorized by general or specific license from OFAC, subject to obtaining any additional authorization(s) that may be required by any other relevant U.S. government agency.

The importation of Cuban-origin information and informational materials, as defined in section 515.332 of the CACR, is exempt from the prohibitions of the CACR. Imports authorized by OFAC would still be subject to other U.S. laws, such as import duties.

OFAC currently authorizes a number of categories of remittances from persons subject to U.S. jurisdiction to persons in Cuba pursuant to 31 CFR § 515.570.  Section 515.570 excludes from the scope of the authorization any transaction relating to the collection, forwarding, or receipt of remittances involving any entity or subentity identified on the State Department’s Cuba Restricted List.  Authorized remittance categories include: 

Family remittances:  Persons subject to the jurisdiction of the United States who are 18 years of age or older are authorized to make remittances to nationals of Cuba who are close relatives, as defined in § 515.339, of the remitter, provided that the recipient is not a prohibited official of the Government of Cuba, a prohibited member of the Cuban Communist Party, or a close relative of a prohibited official of the Government of Cuba or prohibited member of the Cuban Communist Party, and provided that the remittances are not made for emigration purposes.  See §§ 515.337, 515.338, and 515.339 for relevant definitions.  

Donative remittances:  Effective June 9, 2022, OFAC amended § 515.570(b) to authorize donative remittances to Cuban nationals who are not prohibited officials of the Government of Cuba, prohibited members of the Cuban Communist Party, or close relatives of a prohibited official of the Government of Cuba or prohibited member of the Cuban Communist Party.  

Remittances to certain individuals and independent non-governmental organizations in Cuba:  Persons subject to the jurisdiction of the United States are authorized to make remittances to certain individuals and independent non-governmental organizations in Cuba, including remittances that encourage the development of private businesses and operation of economic activity in the non-state sector by independent private sector entrepreneurs.  Please see FAQ 1179 for more information on the definition of an independent private sector entrepreneur. This general license also authorizes persons subject to U.S. jurisdiction to make remittances to pro-democracy groups and civil society groups in Cuba, and to members of such groups or organizations, to support:  humanitarian projects in or related to Cuba that are designed to directly benefit the Cuban people and to support the Cuban people through activities of recognized human rights organizations, independent organizations designed to promote a rapid, peaceful transition to democracy, and activities of individuals and non-governmental organizations that promote independent activity intended to strengthen civil society.  See § 515.570(g) for additional applicable conditions.

Remittances to religious organizations in Cuba:  Persons subject to the jurisdiction of the United States are authorized to make remittances to religious organizations in Cuba in support of religious activities, provided that the remittances are not made from a blocked source and that the remitter, if an individual, is 18 years of age or older.  See § 515.570(c).

Remittances to students in Cuba pursuant to an educational license:  Persons subject to the jurisdiction of the United States who are 18 years of age or older are authorized to make remittances to close relatives, as defined in § 515.339, who are students in Cuba pursuant to the general license authorizing certain educational activities in § 515.565(a) or a specific license issued pursuant to § 515.565(f), provided that the remittances are not made from a blocked source and are for the purpose of funding transactions authorized by the general licenses in § 515.565(a) or the specific license issued pursuant to § 515.565(f) under which the student is traveling.  See § 515.570(d).

Two one-time $1,000 emigration-related remittances:  Persons subject to the jurisdiction of the United States are authorized to remit the following amounts, subject to certain conditions:  (1) Up to $1,000 per payee on a one-time basis to Cuban nationals for the purpose of covering the payees' preliminary expenses associated with emigrating from Cuba to the United States; and (2) up to an additional $1,000 per payee on a one-time basis to Cuban nationals for the purpose of enabling the payees to emigrate from Cuba to the United States, including for the purchase of airline tickets and payment of exit or third-country visa fees or other travel-related fees.  See § 515.570(e). 

Unblocking and return of blocked remittances:  Effective June 9, 2022, OFAC added a general license in § 515.570(h) authorizing the unblocking and return of blocked remittances, provided they would be authorized under revised § 515.570(a) or (b).

See § 515.570 for a complete description of what the OFAC general licenses related to remittances authorize and the restrictions that apply, as well as statements of specific licensing policy.

For remittances from Cuban nationals to persons subject to U.S. jurisdiction, see § 515.587. 

Updated: May 28, 2024

Yes. Pursuant to a general license at 31 CFR § 515.572(a)(3), banking institutions, as defined in 31 CFR § 515.314, U.S.-registered brokers or dealers in securities, and U.S.-registered money transmitters are permitted to process authorized remittances to or from Cuba without having to obtain a specific license, subject to the recordkeeping and reporting requirements set forth in 31 C.F.R § 515.572(b). Please note, effective November 26, 2020, OFAC amended 31 CFR § 515.572(a)(3) to exclude from the scope of the authorization any transaction relating to the collection, forwarding, or receipt of remittances involving any entity or subentity identified on the State Department’s Cuba Restricted List. For a complete description of what the OFAC general license authorizes and the restrictions that apply, see 31 CFR § 515.572(a)(3). 

In accordance with National Security Presidential Memorandum-5 on Strengthening the Policy of the United States Toward Cuba (NSPM-5) , the State Department publishes a list of entities and subentities that are under the control of, or act for or on behalf of, the Cuban military, intelligence, or security services or personnel, and with which direct financial transactions would disproportionately benefit the Cuban military, intelligence, or security services or personnel at the expense of the Cuban people or private enterprise in Cuba. This list is called the Cuba Restricted List, and is available on the State Department’s website at https://www.state.gov/cuba-sanctions/cuba-restricted-list/. In accordance with NSPM-5, OFAC maintains a prohibition to restrict direct financial transactions with entities and subentities on the Cuba Restricted List. For a complete description of the scope of the prohibition on direct financial transactions and the restrictions and exceptions that apply, see 31 CFR § 515.209. This prohibition applies to the following general licenses: §§ 515.530, 515.534, 515.545, 515.560, 515.561,515.564, 515.565, 515.566, 515.567, 515.572, 515.573, 515.574, 515.576, 515.577, 515.578, 515.581,515.584, and 515.590. For a complete description of what each general license authorizes and the restrictions that apply, see the aforementioned general licenses. 

In addition, on October 27, 2020, OFAC also amended the Cuban Assets Control Regulations (CACR) to exclude from the scope of certain remittance-related general licenses 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 (CRL), effective November 26, 2020. This restriction is distinct from the prohibition in § 515.209, which, for example, contains certain exceptions for pre-existing commercial engagements with CRL entities or subentities. See Note 2 to § 515.209, reinforcing this distinction. Specifically, OFAC’s October 27, 2020 rule removes from the scope of certain general licenses any transaction relating to the collection, forwarding, or receipt of remittances involving any entity or subentity on the CRL, regardless of the existence of any pre-existing commercial engagements. Persons subject to U.S. jurisdiction may use the 30 days before the rule becomes effective to wind down those engagements and make alternative arrangements. 

Section 515.421 of the CACR contains an interpretive provision for incidental transactions where OFAC has clarified that authorized transactions ordinarily incident to licensed transactions and necessary to give effect thereto exclude direct financial transactions with such entities or subentities if the terms of the applicable general or specific license expressly exclude such direct financial transactions. OFAC also amended 31 CFR § 515.421 to make clear that a transaction relating to the collection, forwarding, or receipt of remittances involving any entity or subentity identified on the CRL is not authorized as an ordinarily incident transaction where the terms of the general or specific license expressly exclude any such transactions. For a complete description of the scope of the interpretive provision and the restrictions and exceptions that apply, see 31 CFR § 515.421.

A person subject to U.S. jurisdiction traveling to Cuba to engage in an authorized family visit pursuant to 31 CFR § 515.561 is prohibited from engaging in direct financial transactions with the entities and subentities on the State Department’s Cuba Restricted List. As such, this traveler would not be authorized to book a hotel room directly with a hotel included on the Cuba Restricted List.  

An individual working for a church subject to U.S. jurisdiction interested in establishing a physical presence in Cuba pursuant to 31 CFR § 515.573(d)(3) is prohibited from engaging in direct financial transactions with the entities and subentities on  the State Department’s Cuba Restricted List. As such, this traveler would not be able to sign a new contract directly with a real estate company on the Cuba Restricted List to rent a location for the church’s physical presence.

Yes, under certain circumstances. Persons subject to U.S. jurisdiction may engage in transactions in U.S. dollars in Cuba or with Cuban nationals with respect to activity that is authorized pursuant to the Cuban Assets Control Regulations (CACR). For example, payments for telecommunications services in Cuba provided pursuant to 31 CFR § 515.542 may be provided in U.S. dollars. Further, the use of U.S. dollars for transactions that are exempt from the prohibitions of, or authorized by, the CACR is also allowed. For example, payments related to the importation or exportation of informational materials as defined in 31 CFR § 515.332, such as books or musical recordings, may be made in U.S. dollars.

Additionally, the May 29, 2024 amendment to section 515.584(d) of the CACR authorizes banking institutions subject to U.S. jurisdiction to process transactions originating and terminating outside the United States, provided that neither the originator nor the beneficiary is a person subject to U.S. jurisdiction (“U-turn general license”). As a result, transactions related to third-country commerce involving Cuba or Cuban nationals may be processed in U.S. dollars through the U.S. financial system via banking institutions located in the United States that serve as intermediary banks, provided that neither the originator nor the beneficiary is a person subject to U.S. jurisdiction. For more information on the “U-turn” general license, please see FAQ 757.

OFAC expects U.S. banks, including their foreign branches and subsidiaries, to conduct due diligence on their own direct customers (including, for example, ownership structure (for entities), proof of citizenship (for individuals), and address information to confirm that the transactions being processed are consistent with the U-turn general license. All banks, including those acting solely as intermediaries, should screen against the OFAC SDN List and their own internal filters. In cases where the remitter or beneficiary of the transaction is not a direct customer, the U.S. banking institution that is acting as an intermediary may rely on the remitter’s or beneficiary’s address as stated in the transaction to determine whether the remitter or beneficiary is a person subject to U.S. jurisdiction, unless the U.S. banking institution knows or has reason to know that the remitter or beneficiary of a transaction is a person subject to U.S. jurisdiction. OFAC will consider the totality of the circumstances surrounding the bank’s processing of transactions where a bank is acting solely as an intermediary and fails to block a prohibited transaction engaged in by a person subject to U.S. jurisdiction, including the factors listed above, to determine what, if any, enforcement action to take against the bank. Note, however, that transactions meeting the requirements of 31 CFR § 515.584(d) may be processed notwithstanding the involvement of a specially designated national of Cuba, as defined in 31 CFR § 515.306, in the transaction. The examples below illustrate some of the transactions and parties that may use the U-turn general license.

Date Updated: August 27, 2024

Yes. Persons subject to U.S. jurisdiction who are traveling to Cuba pursuant to one of the 12 authorized categories of travel may open and maintain bank accounts in order to access funds while located in Cuba for authorized transactions, and are authorized to close such accounts. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR §  515.560(c)(6). In accordance with  NSPM-5, OFAC amended this general license to exclude from the authorization certain direct financial transactions with entities and sub-entities identified on the State Department’s Cuba Restricted List. For a description of the scope of the prohibition on direct financial transactions and the restrictions and exceptions that apply, see 31 CFR § 515.209.

Yes. Authorized travelers in Cuba are permitted to use credit or debit cards issued by a U.S. financial institution with respect to activity that is authorized pursuant to the CACR. Travelers are advised to check with their financial institution before traveling to Cuba to determine whether the institution has established the necessary mechanisms for its issued credit or debit cards to be used in Cuba. See 31 CFR § 515.560(c)(5) and 515.584(c).

OFAC regulations do not require financial institutions or credit card companies to accept, maintain, or facilitate authorized financial relationships or transactions.

Yes, credit card network operators that are persons subject to U.S. jurisdiction may process such transactions and related settlements for third-country financial institutions. Section 515.584(c) of the CACR authorizes all transactions incident to the processing and payment of credit and debit cards transactions for third-country nationals traveling to, from, or within Cuba.

Yes. Section 515.584(c) of the CACR authorizes all transactions incident to the processing and payment of credit and debit cards transactions for third-country nationals traveling to, from, or within Cuba. Any person subject to U.S. jurisdiction, including U.S. financial institutions and their foreign branches, may conduct transactions authorized by this section.

Depository institutions, as defined in 31 CFR § 515.333, which include certain financial institutions other than banks, are permitted to open correspondent accounts at banks in Cuba. See 31 CFR § 515.584(a).

No. U.S. depository institutions are permitted to open correspondent accounts at Cuban banks located in Cuba and in third countries, and at foreign banks located in Cuba, but Cuban banks are not generally licensed to open such accounts at U.S. banks. See note to 31 CFR § 515.584(a).

Yes. Correspondent accounts of depository institutions (as defined in 31 CFR § 515.333) at a financial institution that is a national of Cuba authorized pursuant to § 515.584(a) may be established and maintained in U.S. dollars. Such accounts may be used only for transactions that are authorized by or exempt from the CACR. Transactions necessary to establish and maintain such correspondent accounts —– such as originating, processing, and terminating authorized funds transfers in U.S. dollars —– are authorized.

Additionally, correspondent accounts used for transactions authorized by 31 CFR § 515.584(g), which permits banking institutions as defined in 31 CFR § 515.314(g) that are persons subject to U.S. jurisdiction to accept, process, and give credit to U.S. dollar monetary instruments presented indirectly by a financial institution that is a national of Cuba, may be denominated in U.S. dollars.

However, financial institutions that are nationals of Cuba remain prohibited from opening correspondent accounts at a U.S. financial institution. For a complete description of what these general licenses authorize and the restrictions that apply, see 31 CFR § 515.584(a) and (g).

Yes.  Pursuant to section 515.571(a)(5) of the CACR, banking institutions are permitted to maintain accounts for certain Cuban nationals present in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization.  Although the account may remain open while the Cuban national is not in the United States, access to such accounts must be limited to periods during which the Cuban national is lawfully present in the United States.  For a complete description of what the OFAC general license authorizes and the restrictions that apply, see 31 CFR § 515.571(a)(5).  For authorizations related to U.S. bank accounts for independent private sector entrepreneurs present in Cuba, see FAQ 748.

Updated: May 28, 2024

Cuban nationals lawfully present in the United States in a non-immigrant status or pursuant to another non-immigrant travel authorization issued by the U.S. government may receive any salary or other compensation consistent with the individual’s non-immigrant status or applicable non-immigrant travel authorization provided that the recipient is not subject to any special tax assessment by the Cuban government in connection with the receipt of such salary or other compensation. For a complete description of what the OFAC general license authorizes and the restrictions that apply, see 31 CFR § 515.571.

Section 515.585 of the CACR contains a general license that authorizes all persons subject to U.S. jurisdiction to provide goods and services to Cuban national individuals located in a third country, provided that the transaction does not involve commercial exportation to or from Cuba. Additionally, the general license authorizes banking institutions to open, maintain, and close bank accounts for such Cuban nationals, provided that such accounts are used only while the Cuban national is located outside of Cuba and may not be used for transactions that involve a commercial exportation of goods or services to or from Cuba. For a complete description of what the OFAC general license authorizes and the restrictions that apply, see 31 CFR § 515.585.

Yes.  Section 515.584(h)(1) of the CACR contains a general license that allows banking institutions to open and maintain bank accounts in the United States solely in the name of a Cuban national located in Cuba, to receive payments in the United States for transactions authorized pursuant to, or exempt from the prohibitions of, the CACR and to remit such payments back to Cuba, including through an online payment platform.  For example, an author who is a Cuban national located in Cuba may open an account with a bank in the United States to receive payments for sales of their book.  Additionally, pursuant to 31 CFR § 515.584(h)(2), a U.S. banking institution may open and maintain an account solely in the name of a Cuban national who is an independent private sector entrepreneur (as defined in 31 CFR § 515.340) for the purpose of conducting authorized or exempt transactions (e.g., receipt of payment for the importation to the United States of certain goods and services produced by independent Cuban entrepreneurs pursuant to 31 CFR § 515.582 or payment related to authorized exports to Cuba under 31 CFR § 515.533), including through an online payment platform.  Pursuant to this authorization, independent private sector entrepreneurs — whether located in the United States, Cuba, or another country — can open and remotely access their account at a U.S. banking institution and conduct remote transfers, including to Cuba, as long as the underlying transaction is authorized or exempt.  For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.584(h)(2).

Updated: May 28, 2024

Certain Cuban nationals who have taken up residence in the United States on a permanent basis and who meet the requirements set forth in 31 CFR § 515.505(a) are licensed as unblocked nationals, and may participate fully in the U.S. financial system. See 31 CFR §§ 515.505(a)(1) and (d).

Pursuant to 31 CFR § 515.571, Cuban nationals who are present in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S. government, such as a non-immigrant visa, may open and maintain bank accounts in the United States, provided that the Cuban-national account holder may only access the account while lawfully present in the United States. Section 515.571 also authorizes such Cuban nationals to engage in normal banking transactions involving foreign currency drafts, travelers’ checks, or other instruments negotiated incident to travel in the United States.

No. If a Cuban national has taken up residence in the United States and has applied to become a lawful permanent resident alien of the United States and has an adjustment of status application pending, then the Cuban national is considered unblocked and does not need to apply to OFAC to be treated as an unblocked national, provided that he or she is not a prohibited official of the Government of Cuba or a prohibited member of the Cuban Communist party. See 31 CFR § 515.505(a)(1).

The CACR include a general license authorizing banking institutions to unblock any account that had been previously blocked solely because of the interest therein of one or more persons now licensed as unblocked nationals. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.505(b).

The CACR also include a general license at 31 CFR § 515.584(e) that authorizes the unblocking and return of funds transfers that could have been processed pursuant to 31 CFR §§ 515.562(b) or 515.579(b), if the processing of those transfers would have been authorized by the current text of the general licenses. Funds unblocked pursuant to 31 CFR § 515.584(e) that were originally blocked on or after August 25, 1997 must be reported to OFAC. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.584.

If your situation appears to meet the requirements of these general licenses, OFAC suggests that you contact the financial institution maintaining the blocked account or blocked funds transfer to request that it review your situation within the context of the terms of the appropriate general license. If the terms of a general license apply, there is no need to seek specific license authorization from OFAC. It is OFAC’s policy not to grant specific licenses authorizing transactions for which the provisions of an outstanding general license are applicable. See 31 CFR § 501.801(a).

If a transaction was previously blocked pursuant to the CACR at the time of the transaction, and the CACR was later amended to allow similar transactions, the earlier transaction is not unblocked unless the CACR amendments include a general license that unblocks previously blocked funds. Transactions must be authorized pursuant to the CACR at the time that they are processed. To the extent that the unblocking of a funds transfer or blocked account is not authorized by a general license, a specific license would be required to release funds transfers or unblock accounts previously blocked.

No. A financial institution may rely on U.S. travelers to provide their certifications of authorized travel directly to the person providing travel or carrier services when processing Cuba travel-related transactions, unless the financial institution knows or has reason to know that the travel is not authorized by a general or specific license.

The CACR requires persons subject to U.S. jurisdiction providing travel or carrier services to retain for at least five years from the date of the transaction a certification from each customer indicating the section of the CACR that authorizes the person to travel to Cuba. See 31 CFR §515.572(b). U.S. travelers utilizing a general or specific license are also required to retain for five years records associated with their travel to Cuba.

No. To the extent the transaction involves an entity or subentity on the Cuba Restricted List, a financial institution can rely on the statements of its customer that the transaction is authorized unless it knows or has reason to know the transaction is not authorized. A financial institution is expected to do its normal due diligence with respect to a transaction involving Cuba or a Cuban national.

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, exempt, or otherwise not prohibited, unless the financial institution knows or has reason to know that the transaction is not authorized, exempt, or otherwise not prohibited. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.584(g).

Yes. Subject to certain exceptions, transactions that are ordinarily incident to an authorized transaction are permitted. See the examples in 31 CFR § 515.421. Such transactions may include use of online payment platforms to facilitate authorized transactions. Authorized transactions ordinarily incident to licensed transactions exclude direct financial transactions with Cuba Restricted List entities, as well as, effective September 24, 2020, lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by  § 515.210, if the terms of the applicable general or specific license expressly exclude such transactions. See 31 CFR § 515.421(5)-(6). Also, effective November 26, 2020, OFAC amended 31 CFR § 515.421 to make clear that a transaction relating to the collection, forwarding, or receipt of remittances involving any entity or subentity identified on the Cuba Restricted List is not authorized as an ordinarily incident transaction where the terms of the general or specific license expressly exclude any such transactions. For a complete description of the scope of transactions ordinarily incident to a licensed transaction and the restrictions and exceptions that apply, see 31 CFR § 515.421. 

Yes. Effective May 29, 2024, banking institutions subject to U.S. jurisdiction are authorized to process “U-turn” transactions, i.e., funds transfers originating and terminating outside the United States, provided that neither the originator nor the beneficiary is a person subject to U.S. jurisdiction. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.584(d). For additional information, see FAQ 736.

Date Updated: August 27, 2024

Persons subject to U.S. jurisdiction are prohibited from doing business or investing in Cuba unless authorized by OFAC. An OFAC general license authorizes, subject to certain conditions and limitations, the exportation from the United States, and the reexportation from third countries, of items to Cuba where the exportation or reexportation is licensed or otherwise authorized by BIS. See 31 CFR § 515.533(a). BIS currently authorizes certain categories of items to be exported or reexported to Cuba. In addition, OFAC currently generally licenses the establishment of a business presence or physical presence in Cuba for certain types of entities or persons. See 31 CFR § 515.573. In accordance with NSPM-5, OFAC amended the general licenses for the establishment of a business presence or physical presence in Cuba to exclude from the authorizations certain direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. For a description of the scope of the prohibition on direct financial transactions and the restrictions and exceptions that apply, see 31 CFR § 515.209.

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. 

The names of the entities and subentities that the State Department identifies as meeting the criteria set forth in NSPM-5 are published on the Cuba Restricted List, which is available on the State Department’s website and in the Federal Register (updates to the Cuba Restricted List will also be published in the Federal Register). Entities or subentities that are owned or controlled by another entity or subentity on the Cuba Restricted List are not treated as restricted unless also specified by name on the Cuba Restricted List. The Cuba Restricted List is maintained by the State Department on its website: https://www.state.gov/cuba-sanctions/cuba-restricted-list/.

Trade delegations are authorized to travel to Cuba only if each member of the delegation meets the criteria of an applicable general license authorizing travel to Cuba or has obtained a specific license from OFAC. Authorized trade delegations generally fall under one of two general licenses for travel authorization: either (1) 31 CFR § 515.533(c)(1), which authorizes travel-related and other transactions incident to the exportation of certain authorized goods from the U.S. to Cuba, specifically the conduct of “market research, commercial marketing, sales or contract negotiation, accompanied delivery, installation, leasing, servicing, or repair in Cuba of items consistent with the export or reexport licensing policy of the Commerce Department,” or (2) 31 CFR § 515.564(a), which authorizes transactions related to professional research in Cuba. Further, please note that, effective September 24, 2020, OFAC has amended both general licenses to exclude from the authorizations lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. For a complete description of what these general licenses authorize and the restrictions that apply, see 31 CFR §§ 515.533(c)(1) and 515.564(a). 

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 into items assembled or the processing of any raw materials into finished goods in Cuba. For a complete description of what this general license authorizes and the restrictions that apply, see the note to 31 CFR § 515.573(c)(3).

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 replacement items to Cuba must be separately authorized pursuant to 31 CFR § 515.533(a) or § 515.559, in addition to any Department of Commerce authorization that may be required.

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 other than the United States or Cuba. Such transactions must be specifically licensed pursuant to 31 CFR § 515.559 in addition to any required authorization from the Department of Commerce. There are also restrictions imposed by the CDA on the types of transactions that may be licensed pursuant to that section.

Persons subject to U.S. jurisdiction may establish and maintain a physical presence, such as an office, warehouse, or retail outlet, in Cuba to engage in transactions authorized by or exempt from the CACR in the following categories: entities engaging in non-commercial activities authorized by section 515.574 (support for the Cuban people); entities engaging in humanitarian projects set forth in section 515.575(b) (humanitarian projects); private foundations or research or educational institutes engaging in transactions authorized by § 515.576; news bureaus; exporters of certain goods authorized for export or reexport pursuant to 31 CFR §§ 515.533 and 515.559; entities providing mail or parcel transmission services; providers of telecommunications or internet-based services; entities organizing or conducting certain educational activities; religious organizations; and providers of carrier and certain travel services. These persons may employ Cuban nationals in Cuba as well as persons subject to U.S. jurisdiction in Cuba (and such persons may maintain a domicile in Cuba). These persons may open and maintain bank accounts to facilitate authorized transactions. In accordance with NSPM-5, OFAC amended this general license to exclude from the authorization certain direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.573. Persons subject to U.S. jurisdiction that do not meet the terms of the general license may apply to OFAC for a specific license. Such applications will be reviewed on a case-by-case basis. Additional authorizations from the Cuban government may also be required.

Section 515.533(a) of the CACR does not restrict payment and financing terms for exports of items from the United States or reexports of 100 percent U.S-origin items from a third country, other than agricultural commodities. Examples of permissible payment and financing terms for authorized exports and reexports that are not agricultural commodities include: payment of cash in advance; sales on an open account; and financing by U.S. or third-country financial institutions.

OFAC has issued a general license authorizing banking institutions to provide financing for such authorized exports or reexports of items other than agricultural commodities, including issuing, advising, negotiating, paying, or confirming letters of credit (including letters of credit issued by a financial institution that is a national of Cuba), accepting collateral for issuing or confirming letters of credit, and processing documentary collections. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.584(f). In accordance with NSPM-5, OFAC amended this general license to exclude from the authorization certain direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. For a description of the scope of the prohibition on direct financial transactions and the restrictions and exceptions that apply, see 31 CFR § 515.209.

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 Act of 2000, 22 U.S.C. § 7207(b)(1). See 31 CFR § 515.533(a)(4). This provision only applies to exports and reexports of “agricultural commodities,” as defined in 15 CFR part 772, and not to exports or reexports of “agricultural items” authorized pursuant to 15 CFR § 746.2(b)(2)(iv).

The regulatory interpretation of “cash in advance,” which describes one of the permissible payment and financing terms for authorized exports and reexports of agricultural commodities, is “cash before transfer of title and control.” For the full text, see 31 CFR § 515.533.

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 of September 24, 2020, this authorization no longer applies to the import into the United States of Cuban-origin alcohol or tobacco products.  See 31 CFR § 515.560 and 31 CFR § 515.585.

Foreign persons traveling to the United States from a third country may import into the United States as accompanied baggage Cuban-origin merchandise provided that the merchandise is not in commercial quantities, is not imported for resale, and does not include alcohol or tobacco products.  See 31 CFR § 515.569.  In addition, Cuban nationals who are present in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S. government are not authorized to bring Cuban-origin alcohol or tobacco products for personal use as accompanied baggage.  See 31 CFR § 515.571.  Normal limits on duty and tax exemptions for merchandise imported as accompanied baggage will apply.

Persons subject to U.S. jurisdiction are also authorized to import certain goods produced by independent private sector entrepreneurs, as defined in 31 CFR § 515.340, as set forth in the State Department’s Section 515.582 list.  See FAQ 1178 for additional information on the importation of goods and services produced by independent private sector entrepreneurs.  If these goods are for personal use, certain personal exemptions from U.S. Customs and Border Protection may apply.

Persons subject to U.S. jurisdiction are also authorized to import Cuban-origin software and Cuban-origin mobile applications.  See 31 CFR § 515.578.

The importation into the United States of merchandise from Cuba or Cuban-origin merchandise from a third country intended as gifts is authorized, provided that the value of the merchandise is not more than $100, the merchandise is of a type and in quantities normally given as gifts between individuals, the merchandise is sent and not carried by a traveler, and the merchandise is not alcohol or tobacco products.  For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.544.  The $100 limit on imports of gifts, as set forth in 31 CFR § 515.560, 31 CFR § 515.544, does not apply to imports of accompanied baggage or goods produced by independent private sector entrepreneurs as authorized under 31 CFR § 515.582. 

The importation into the United States from Cuba of information and informational materials is exempt from the prohibitions of the CACR.  The definition of “information and informational materials” may be found at 31 CFR § 515.332.

Updated: May 28, 2024

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 engage in associated transactions necessary to import these authorized goods and services.  The State Department Section 515.582 list provides details of the goods and services authorized for importation into the United States from Cuba pursuant to this provision.  This list references sections and chapters of the Harmonized Tariff Schedule (HTS) of the United States to indicate categories of goods that are not eligible for importation into the United States pursuant to 31 CFR § 515.582, even if such goods were produced by independent private sector entrepreneurs; any other goods produced by independent private sector entrepreneurs and not covered by the listed sections and chapters of the HTS may be imported, as provided in the State Department’s Section 515.582 list and subject to compliance with all other relevant requirements under state and federal law and regulations.  Imports authorized by 31 CFR § 515.582 are not subject to the limitations set forth in 31 CFR § 515.560(c) or 31 CFR § 515.544, including the $100 limitation on imported merchandise from Cuba or Cuban-origin merchandise from a third country intended as gifts.  For additional information, please see FAQ 1178.

Updated: May 28, 2024

Yes. OFAC considers the provision of training to persons in Cuba, including to Cuban nationals, on the use of items authorized for export or reexport to Cuba by the Department of Commerce to be ordinarily incident to the export or reexport of the item and therefore authorized by 31 CFR § 515.533(a). Persons subject to U.S. jurisdiction are authorized, subject to certain conditions, to travel to Cuba to provide such training. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.533(c)(1). Please note that OFAC amended 31 CFR § 515.533 to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. The exportation or reexportation to Cuba of technology subject to the EAR may require separate authorization from the Department of Commerce. 

Yes. See 31 CFR § 515.560.

Yes. See 31 CFR § 515.560.

Yes, provided that the insurance policy is a global policy, and not specific to the third-country national’s travel to or within Cuba. Section 515.580 of the CACR authorizes persons subject to U.S. jurisdiction to issue or provide global health, life, or travel insurance policies for individuals ordinarily resident in a country outside of Cuba who travel to or within Cuba, regardless of whether the insurance policy is issued only to that individual or to a group, such as to all employees of a particular company. For instance, a U.S. insurer may pay medical claims pursuant to a group health insurance policy to or on behalf of a covered third-country national injured while traveling in Cuba. However, this provision does not authorize a person subject to U.S. jurisdiction to issue an insurance policy that is specific to travel to Cuba. A separate provision of the CACR, § 515.560, authorizes the provision of health, life, and travel insurance-related services that are specific to Cuba for authorized U.S. travelers. Also, effective September 24, 2020, OFAC amended § 515.560 to exclude from the authorization at § 515.560(c)(2) lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. 
 

Other than certain global health, life, or travel insurance policies for individuals authorized by 31 CFR § 515.580, absent specific authorization from OFAC, U.S. insurers and their subsidiaries are not permitted to issue policies, provide reinsurance coverage, or pay insurance or reinsurance claims related to non-U.S. persons, including entities such as foreign airlines, providing goods or services that facilitate travel by third-country nationals from a third country to Cuba.

Section 515.580 of the CACR authorizes global health, life, or travel insurance policies covering individuals ordinarily resident in a country outside of Cuba traveling to Cuba. The policy may be issued to a group, such as all employees of a company. The “global” requirement means it cannot be specific to travel to Cuba. For example, it does not authorize an individual travel policy issued to a traveler specifically to cover a trip to Cuba. It also does not authorize issuing a policy to a non-U.S. travel agent specifically to cover its traveler clients where the travel agency is solely in the business of planning trips to Cuba.

Where the provision of insurance-related services is directly incident to activity authorized by general or specific license, then the provision of such services is authorized as well. For example, § 515.566 of the CACR authorizes travel and travel-related transactions directly incident to engaging in religious activities in Cuba. The provision of health insurance-, life insurance-, and travel insurance-related services to authorized travelers traveling to Cuba pursuant to § 515.566 would be authorized. For additional information, see Note 2 to 31 CFR § 515.560. As an additional example, the provision of insurance to a person subject to U.S. jurisdiction that is incident to convening authorized athletic competitions, as defined in 31 CFR § 515.567(a), would also be authorized.

Additionally, § 515.533 of the CACR authorizes transactions ordinarily incident to the exportation or reexportation to Cuba of certain goods licensed or otherwise authorized by the Department of Commerce. Transactions directly incident to the exportation or reexportation of such goods, such as the provision of cargo insurance for the transportation of the goods, are authorized by § 515.533. For additional information, see Note 1 to paragraph (a) of 31 CFR § 515.533.

Persons subject to U.S. jurisdiction, however, are prohibited from engaging in reinsurance arrangements where the underlying activity is not authorized by the CACR. For example, a person subject to U.S. jurisdiction would be prohibited from participating in a reinsurance arrangement that involved coverage for a foreign company that provides investment opportunities in Cuban state- owned businesses. 
 

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 national.

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 authorized by OFAC. This restriction is applied even if a vessel has stopped in Cuba solely to purchase services unrelated to the trade of goods, such as planned ship maintenance. The 180-day rule is separate from a second statutory restriction – the goods/passengers-on-board rule – which prohibits any vessel carrying goods or passengers to or from Cuba or carrying goods in which Cuba or a Cuban national has an interest from entering a U.S. port with such goods or passengers on board, unless authorized or exempt. There are certain exceptions to these rules. For a complete description of the 180-day rule, the goods/passengers-on-board rule, and the general licenses and exemptions that apply, see 31 CFR §§ 515.206, 515.207, and 515.550. 

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 or has engaged in trade with Cuba authorized under the CACR, such as a vessel carrying goods from the United States that are licensed or otherwise authorized for export or reexport to Cuba by the U.S. Department of Commerce pursuant to the EAR;
• Engaging or has engaged in trade with Cuba that is exempt from the prohibitions of the CACR, such as a vessel carrying exclusively informational materials;
• Engaging or has engaged in the export or reexport from a third country to Cuba of agricultural commodities, medicine, or medical devices that, were they subject to the EAR, would be designated as EAR99;
• Carrying or has carried persons between the United States and Cuba or within Cuba pursuant to the general license for the provision of carrier services under the CACR; or
• A foreign vessel that has entered a port or place in Cuba while carrying students, faculty, and staff that are authorized to travel to Cuba pursuant to the general license for educational activities under the CACR.

Additionally, if a vessel’s only transactions with Cuba are the exportation to Cuba from a third country of items that, were they subject to the EAR, would be designated as EAR99 or controlled on the Commerce Control List only for anti-terrorism reasons, the vessel will not be subject to the 180- day rule.

These exceptions to the 180-day rule do not apply to a vessel that:

• Carries for export to Cuba any additional goods that, were they subject to the EAR, would not be designated as EAR99 or controlled on the Commerce Control List only for anti-terrorism reasons;
• Picks up any goods in Cuba, unless the transactions involving those goods are authorized by OFAC or exempt from the prohibitions of the CACR; or
• Purchases or provides services in Cuba, other than docking, unloading, or other services associated with normal shipping transactions.

For a complete description of the 180-day rule, the goods/passengers-on-board rule, and the general licenses and exemptions that apply, see 31 CFR §§ 515.206, 515.207, and 515.550. 

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 the CACR or, as in the case of most shipments from third countries to Cuba, may simply not be subject to the restrictions of the CACR, though other U.S. government agency restrictions may apply. For a complete description of the 180-day rule and the general licenses and exemptions that apply, see 31 CFR §§ 515.206, 515.207(a), and 515.550. 

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 exported from the United States; and no merchandise may be loaded in Cuba that is not licensed or exempt. Goods entering the United States that remained on board the ship while it docked in a Cuban port are not considered goods carried to or from Cuba or goods in which Cuba or a Cuban national has an interest for purposes of the goods/passengers-on-board rule. Furthermore, such goods are not considered goods that have been located in or transported through Cuba for the purposes of 31 CFR § 515.204, which prohibits the importation of certain merchandise into the United States. For a complete description of the 180-day rule, the goods/passengers-on-board rule, the importation prohibition, and the general licenses and exemptions that apply, see 31 CFR §§ 515.204, 515.206, 515.207, and 515.550. 

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 general license, that vessel may enter a U.S. port accordingly. There is no requirement for authorization of the individual companies or the broader code-sharing arrangement. Code-sharing agreements do not affect the general license or its requirements.

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-related transactions, including payment related to the provision of telecommunications involving Cuba or provided to Cuban individuals. Pursuant to 31 CFR § 515.542, U.S. persons may, for example, purchase calling cards for people to use in Cuba or pay the bills of such people directly to a telecommunications operator located in Cuba, such as ETECSA. These steps to facilitate improved access to telecommunications services for Cubans and increased international connections are intended to increase the ability of the Cuban people to communicate freely and to better provide for efficient and adequate telecommunications services between the United States and Cuba.

The CACR define telecommunications services to include data, telephone, telegraph, internet connectivity, radio, television, news wire feeds, and similar services, regardless of medium of transmission, including transmission by satellite. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.542.

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 incident to providing internet-based communications services, such as instant messaging, chat and email, social networking, sharing of photos and movies, web browsing, blogging, web hosting provided that it is not for the promotion of tourism, domain-name registration, social media platforms, collaboration platforms, video conferencing, e-gaming and e-learning platforms, automated translation, web maps, and user authentications services, as well as services to support the exchange of communications over the internet, such as software design, business consulting, information technology management services, and cloud-based services (including remote data storage, data transport service, content distribution networks, virtual machines, software-as-a-service, and infrastructure-as-a-service), are authorized in most circumstances, see FAQs 1174 and 1176. Note that 31 CFR § 515.578(a)(ii) authorizes the provision of cloud-based services only if such services support the exchange of communications over the internet (e.g., the sharing of photos using the cloud).  Similarly, section 515.578(a)(i) of the CACR only authorizes the provision of internet-based services when incident to the exchange of communications over the internet. 

Services related to many kinds of software (including applications) used on personal computers, cell phones, and other personal communications devices are also authorized, along with other services related to the use of such devices.  Additionally, services, including training, installation, repair, or replacement of items related to communications, or items used to develop software that improves the free flow of information or will support private sector activities in Cuba that are licensed or otherwise authorized by the Department of Commerce for exportation or reexportation to Cuba, are also authorized by OFAC.  Finally, the importation into the United States, as well as the exportation or reexportation from the United States to third countries, of Cuban-origin software and Cuban-origin mobile applications is also authorized.  For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.578.  See FAQ 1175 for additional information on authorized application programming interfaces.

Updated: May 28, 2024

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).

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 515.578 also authorizes the exportation of services, including business consulting and information technology management services that are related to certain consumer communications devices. For instance, the provision by an internet or telecommunications provider of caching services related to items exported to Cuba pursuant to Commerce License Exception Consumer Communications Devices (CCD) or an individual license issued by Commerce is authorized. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.578.

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-based services. A business presence may include subsidiaries, branches, offices, joint ventures, franchises, and agency or other business relationships with any Cuban individual or entity (including ETECSA) and a physical presence may include leasing physical premises, including an office, warehouse, classroom, or retail outlet. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.573.

Persons subject to U.S. jurisdiction that are providers of telecommunications or internet-based services who establish a business or physical presence in Cuba pursuant to the authorization in 31 CFR § 515.573 are authorized to engage in marketing related to that business or physical presence.

Individuals or entities subject to U.S. jurisdiction engaging in authorized transactions, either pursuant to a general or specific license, may engage with Cuban state-owned entities as authorized by the OFAC license. For example, a U.S. company engaging in authorized telecommunications-related transactions pursuant to 31 CFR § 515.542, such as payment for activation, installation, usage, roaming, maintenance, or termination fees, may engage directly with the Cuban state-owned telecommunications company, ETECSA, for these authorized purposes.

Yes, but any individual Cuban national who can establish that he or she has taken up permanent residence outside of Cuba and otherwise meets the requirements set forth in 31 CFR § 515.505 is generally licensed as an unblocked national. Additionally all persons subject to U.S. jurisdiction are authorized to provide goods and services to Cuban national individuals located outside of Cuba, provided there is no commercial exportation of goods or services to or from Cuba. Individuals subject to U.S. jurisdiction who are located in a third country may also receive or obtain services from a Cuban national that are ordinarily incident to travel and maintenance within that country. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.585.

U.S.-owned or -controlled entities in third countries may provide goods and services to a Cuban national located outside of Cuba, provided that the transaction does not involve a commercial exportation, directly or indirectly, of goods or services to or from Cuba. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.585.

Other general licenses may authorize persons subject to U.S. jurisdiction, including U.S.-owned or-controlled entities in third countries, to engage in certain specified transactions with Cuban nationals that involve the commercial exportation of services to Cuba. For example, 31 CFR § 515.572(a)(5) authorizes persons subject to U.S. jurisdiction to provide certain civil aviation safety-related services to Cuba or to Cuban nationals, wherever located. 
 

Yes. Persons subject to U.S. jurisdiction may provide financial services to a Cuban national located outside of Cuba who is an individual, provided that the transaction does not involve a commercial exportation, directly or indirectly, of goods or services to or from Cuba. Additionally, banking institutions are authorized to open and maintain accounts, including the deposit of funds in such accounts by wire transfer, for such Cuban nationals provided that the accounts are used only while the Cuban national is located outside of Cuba and the account is not used for transactions involving a commercial exportation, directly or indirectly, of goods or services to or from Cuba. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.585.

Section 515.590 of the CACR authorizes the provision of certain grants, scholarships, or awards to Cuban nationals or in which Cuba or a Cuban national has an interest. Such grants, scholarships, or awards must relate to educational activities, certain humanitarian projects (as set forth in § 515.575 (b)), scientific research, or religious activities. In accordance with NSPM-5, OFAC amended this general license to exclude from the authorization direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.590. 

Section 515.590 of the CACR authorizes the provision of grants, scholarships, or awards to a Cuban national, including a Cuban state-owned entity provided that entity is not included on the State Department’s Cuba Restricted List, and as long as any such grant, scholarship, or award is related to educational activities, humanitarian projects (as set forth in § 515.575(b)), scientific research, or religious activities. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.590.

Section 515.523 of the Cuban Assets Control Regulations authorizes all transactions incident to the administration and distribution of the assets of a blocked estate of a decedent. All property distributed pursuant to 31 CFR § 515.523 is unblocked, provided that neither Cuba nor a Cuban national (other than the decedent or a person unblocked pursuant to 31 CFR § 515.505) has an interest in the property. For a complete description of what this general license authorizes and the restrictions that apply, please see 31 CFR § 515.523.

Furthermore, funds deposited in a blocked account in a banking institution in the United States held in the name of, or in which the beneficial interest is held by, a national of Cuba as a result of a valid testamentary disposition, intestate succession, or payment from a life insurance policy or annuity contract triggered by the death of the policyholder or contract holder may be remitted to the national of Cuba pursuant to 31 CFR § 515.570(f)(1). For a complete description of what this general license authorizes and the restrictions that apply, please see 31 CFR § 515.570(f). 

Please note, effective November 26, 2020, 31 CFR § 515.570 no longer authorizes any transaction relating to the collection, forwarding, or receipt of remittances involving an entity or subentity identified on the State Department’s Cuba Restricted List. 

Among other things, the provision for microfinancing projects in section 515.575 of the Cuban Assets Control Regulations (CACR) authorizes the provision of certain financial services to unemployed, underemployed, and low-income Cubans who have little or no access to conventional banks or comparable resources, and which may include a limited return on investment.

In addition, section 515.570(g)(1) of the CACR authorizes remittances to individuals and independent non-governmental entities in Cuba to support authorized microfinancing projects. These provisions would authorize, for example, relatively limited contributions of funds to support individual entrepreneurs in sectors that need access to working capital, investment loans, insurance, or training in order to start or expand their operations.

Please note, effective November 26, 2020, 31 CFR § 515.570 no longer authorizes any transaction relating to the collection, forwarding, or receipt of remittances involving any entity or subentity identified on the State Department’s Cuba Restricted List. Furthermore, 31 CFR § 515.575 and 31 CFR § 515.570(g)(1) do not authorize loans, extensions of credit or other financing related to transactions involving confiscated property the claim to which is owned by a U.S. national, which are prohibited by 31 CFR § 515.208. For additional guidance or fact-specific questions, we encourage you to contact OFAC. 

No. If persons meet the qualifications listed in the general license, then they do not need to wait for an official determination from OFAC regarding their specific license application. Persons who have determined they may proceed under a general license may wish to contact OFAC Licensing to withdraw existing applications.

Generally no, a person subject to U.S. jurisdiction is not authorized to purchase or lease real property in Cuba. The CACR prohibit any person subject to U.S. jurisdiction from purchasing or leasing property in Cuba unless authorized by OFAC.

Section 515.573 of the CACR authorizes certain entities subject to U.S. jurisdiction to establish a physical and/or business presence in Cuba to conduct authorized activities. The purchase or lease of real property in Cuba by such entities incident to their establishment of such physical or business presence is authorized. Additionally, employees of such entities authorized by § 515.573(a)(4) of the CACR to establish domicile in Cuba may purchase or lease residential property for use while domiciled in Cuba. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.573.

Authorized travelers to Cuba may lease property in Cuba as accommodations for the duration of their stay in Cuba. See 31 CFR § 515.560(c). This authorization is limited to the period of time when the traveler is in Cuba for authorized travel and does not permit the traveler to retain the property upon departure from Cuba.

Transactions related to the purchase or lease of real property in Cuba remain subject to the prohibitions in 31 CFR § 515.208.

Section 515.547(b) of the CACR authorizes all transactions incident to obtaining approval from the U.S. Food and Drug Administration (FDA) of Cuban-origin pharmaceuticals. The general license includes discovery and development, pre-clinical research, clinical research, regulatory review, regulatory approval and licensing, regulatory post-market activities, and the importation into the United States of Cuban-origin pharmaceuticals. Section 515.547(c) of the CACR authorizes the importation into the United States, and the marketing, sale, or other distribution in the United States, of FDA-approved Cuban-origin pharmaceuticals. For a complete description of what these general licenses authorize and the restrictions that apply, see 31 CFR § 515.547. Those engaging in the aforementioned activities may still need to secure regulatory approvals from other concerned U.S. government agencies, particularly the FDA.

Section 515.591 of the CACR authorizes persons subject to U.S. jurisdiction to provide Cuba or Cuban nationals (including the Cuban government and state-owned entities) with services related to developing, repairing, maintaining, and enhancing Cuban infrastructure that directly benefit the Cuban people, consistent with the export or reexport licensing policy of the Department of Commerce. “Infrastructure” in this case means systems and assets used to provide the Cuban people with goods and services produced by the public transportation, water management, waste management, non-nuclear electricity generation, and electricity distribution sectors, as well as hospitals, public housing, and primary and secondary schools. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.591.

With respect to the receipt or transmission of mail and parcels between the United States and Cuba, Section 515.542(a) of the CACR authorizes persons subject to U.S. jurisdiction to engage in all transactions, including payments, incident to such activities, provided that the importation or exportation of such mail and parcels is exempt from or authorized by the CACR. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.542(a).

This general license does not authorize transactions incident to the receipt of transmission of mail and parcels between third countries and Cuba, or involving Cuban nationals in third countries. To the extent that such mail or parcels contain information or informational materials, as defined in 31 CFR § 515.332, transactions incident to their receipt or transmission are exempt pursuant to 31 CFR § 515.206 or authorized by 31 CFR § 515.545(a). Additionally, the provision of mail or parcel delivery services to a Cuban national who is an individual located in a third country is authorized by 31 CFR § 515.585(a), provided that the transaction does not involve a commercial export of goods or services to Cuba.

Effective September 24, 2020, OFAC issued an amendment to the CACR restricting imports of Cuban-origin alcohol and tobacco products, as well as specific categories of authorized travel to Cuba related to professional meetings or conferences and certain public performances or other events, and also incorporating a new prohibition related to lodging in Cuba. Specifically, the September 24, 2020 amendment makes the following changes to the CACR:

• Restrictions on lodging, paying for lodging, or making reservations for lodging at certain properties in Cuba.  Incorporates a prohibition in § 515.210, which prohibits any person subject to U.S. jurisdiction from lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property that the Secretary of State has identified as a property in Cuba that is owned or controlled by the Cuban government; a prohibited official of the Government of Cuba, as defined in § 515.337; a prohibited member of the Cuban Communist Party, as defined in § 515.338; a close relative, as defined in § 515.339, of a prohibited official of the Government of Cuba, or a close relative of a prohibited member of the Cuban Communist Party. In furtherance of this change, the State Department is creating a new list, the Cuba Prohibited Accommodations List, to publish the names, addresses, or other identifying details, as relevant, of properties identified as meeting such criteria. For more on section § 515.210, please see FAQ 838.
• Restrictions on importation into the United States of Cuban-origin alcohol and tobacco products.  Amends four authorizations in the CACR to exclude the importation into the United States of Cuban-origin alcohol and tobacco products. See 31 CFR §§ 515.560(c)(3); 515.569; 515.571(a)(1); and 515.585(d). Previously, the importation of Cuban-origin alcohol and tobacco products as accompanied baggage was authorized for non-commercial use under certain circumstances; with this amendment, OFAC is eliminating those authorizations. For more information, please see FAQ 731.
• Professional research and professional meetings in Cuba.  Eliminates the general authorization in § 515.564(a)(2) related to attendance at, or organization of, professional meetings or conferences in Cuba. Persons subject to U.S. jurisdiction are no longer authorized via this general license to attend or organize professional meetings or conferences in Cuba. As a result, the only remaining general license in § 515.564(a) will be the general license for certain professional research in Cuba. In addition, OFAC is clarifying that specific licenses may be issued on a case-by-case basis authorizing certain transactions related to professional research or professional meetings or conferences. For more information, please see FAQ 701. 
• Public performances, clinics, workshops, athletic and other competitions, and exhibitions.  Eliminates the general authorization in § 515.567(b) related to public performances, clinics, workshops, competitions, and exhibitions. As a result, the only remaining general license for participation in and organization of athletic competitions in Cuba will be the general license in § 515.567(a) for athletic competitions by amateur or semi-professional athletes or athletic teams. In addition, OFAC is clarifying that specific licenses may be issued on a case-by-case basis authorizing certain activity. For more information, please see FAQ 706.

Please note that the Cuba embargo remains in place, and most transactions between Cuba and the United States, or persons subject to U.S. jurisdiction, continue to be prohibited under the CACR, which are enforced by OFAC. 

No person subject to U.S. jurisdiction may lodge, pay for lodging, or make any reservation for or on behalf of a third party to lodge, at any property that the Secretary of State has identified as a property in Cuba that is owned or controlled by: the Cuban government; a prohibited official of the Government of Cuba, as defined in § 515.337; a prohibited member of the Cuban Communist Party, as defined in § 515.338; a close relative, as defined in § 515.339, of a prohibited official of the Government of Cuba; or a close relative of a prohibited member of the Cuban Communist Party when the terms of the general or specific license expressly exclude such a transaction.  Such properties are identified on the Cuba Prohibited Accommodations List. See FAQ 839 for travel arrangements initiated prior to a property’s listing on the Cuba Prohibited Accommodations List. For a complete description of the scope of this prohibition, see 31 CFR § 515.210.

Consistent with the Administration’s interest in avoiding negative impacts on Americans for arranging lawful travel to Cuba, any existing travel-related arrangements that include lodging at properties in Cuba identified on the Cuba Prohibited Accommodations List will continue to be permitted, provided that those travel-related arrangements were initiated prior to the State Department’s addition of the property to the list as published in the Federal Register. Once the State Department publishes notice in the Federal Register that it has added the property to the Cuba Prohibited Accommodations List, new lodging-related transactions with the property prohibited by § 515.210, such as a reservation on behalf of a third party to lodge at a property on the Cuba Prohibited Accommodations List, are prohibited, unless authorized by OFAC or exempt. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. 

On October 27, 2020, OFAC issued an amendment to the CACR, effective November 26, 2020, to remove from the scope of certain remittance-related general authorizations any transactions involving entities or subentities identified on the State Department’s Cuba Restricted List. Specifically, the October 27, 2020 rule amends the following general licenses: (i) 31 CFR § 515.570, relating to remittances from persons subject to U.S. jurisdiction or from blocked accounts; (ii) 31 CFR § 515.572(a)(3), relating to the provision of remittance forwarding services; and (iii) 31 CFR § 515.587, relating to remittances from Cuban nationals to persons subject to U.S. jurisdiction. For more information, see 31 CFR §§ 515.570, 515.572, and 515.587.  

Further, the October 27, 2020 rule amends 31 CFR § 515.421 to clarify that a transaction relating to the collection, forwarding, or receipt of remittances involving an entity or subentity identified on the State Department’s Cuba Restricted List is not authorized as an ordinarily incident transaction where the terms of the general or specific license expressly exclude any such transactions (see, e.g., 31 CFR § 515.570(j), 31 CFR § 515.572(a)(3), or 31 CFR § 515.587). For more information, see 31 CFR § 515.421.  OFAC also added a clarifying note in 31 CFR § 515.209, consistent with the amended text of 31 CFR § 515.421. As a result of these amendments, effective November 26, 2020, persons subject to U.S. jurisdiction will no longer be authorized to process remittances to or from Cuba through FINCIMEX or any other entity or subentity on the Cuba Restricted List. 

Effective June 9, 2022, in consultation with the Department of State, OFAC amended the CACR to implement elements of policy changes announced by the Administration on May 16, 2022 to increase support for the Cuban people.

Professional meetings and conferences in Cuba:  Effective June 9, 2022, OFAC amended 31 CFR § 515.564(a) to include a general license authorizing, subject to conditions, travel-related and other transactions incident to attending or organizing professional meetings or conferences in Cuba, such as   professional meetings or conferences to support expanded internet access and remittance processing and to provide additional support and training to independent Cuban entrepreneurs.  OFAC also amended and added cross-references to § 515.564(a) in notes to §§ 515.534, 515.542, 515.547, 515.572, 515.577, and 515.591.

Group people-to-people and other academic educational activities:  Effective June 9, 2022, OFAC amended § 515.565(a) to remove certain restrictions on authorized academic educational activities. OFAC also amended § 515.565(b) to authorize group people-to-people educational travel conducted under the auspices of an organization that is subject to U.S. jurisdiction and that sponsors such exchanges to promote people-to-people contact, provided such travelers are accompanied by an employee, paid consultant, or agent of the sponsoring organization.  Travel-related transactions authorized pursuant to § 515.565(b) must be for the purpose of engaging, while in Cuba, in a full-time schedule of activities that are intended to enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities; and will result in meaningful interactions with individuals in Cuba.  This amendment does not authorize individual people-to-people travel.  Travel for tourist activities is not permitted.

Remittances:  Effective June 9, 2022, OFAC amended § 515.570(a) to remove the $1,000 quarterly limit on family remittances to Cuban nationals who are close relatives.  OFAC also added § 515.570(b) to authorize donative remittances to Cuban nationals who are not prohibited officials of the Government of Cuba, prohibited members of the Cuban Communist Party, or close relatives of a prohibited official of the Government of Cuba or prohibited member of the Cuban Communist Party.  Finally, OFAC added a general license in § 515.570(h) authorizing the unblocking and return of previously blocked remittances, provided they would be authorized under the revised § 515.570(a) or (b).

No.  Under 31 CFR § 515.572(a)(3), banking institutions, as defined in § 515.314, including U.S.-registered brokers or dealers in securities and U.S.-registered money transmitters, are authorized to provide services in connection with the collection, forwarding, or receipt of remittances authorized pursuant to the CACR, subject to certain conditions.  In addition, under § 515.570(h), banking institutions are authorized to unblock and return blocked remittances that would have been authorized under § 515.570(a) or (b).  Banking institutions may rely on the statements of their customers that remittance transactions are authorized unless they know or have reason to know a transaction is not authorized.  A banking institution is expected to conduct a level of due diligence commensurate with its overall risk profile and internal compliance policies and procedures with respect to a transaction involving Cuba or a Cuban national. 

Yes, provided the underlying remittance transactions are authorized under 31 CFR § 515.570 of the Cuban Assets Control Regulations (CACR) and the digital payment service provider is a U.S.-registered money transmitter or other qualifying banking institution within the definition of that term provided in 31 CFR § 515.314.  For purposes of this FAQ, “digital payments” means transfers of funds sent through mobile money, mobile wallets, digital bank accounts, credit/debit cards, online payments, or other digital technology.

Pursuant to 31 CFR § 515.570 of the CACR, OFAC authorizes persons subject to U.S. jurisdiction to make certain categories of remittances to persons in Cuba, subject to certain conditions (please see FAQ 732 for an overview of the types of remittances U.S. persons can send and applicable conditions and requirements).  Additionally, pursuant to 31 CFR § 515.572(a)(3) of the CACR, banking institutions, as defined in 31 CFR § 515.314, including U.S.-registered money transmitters, are authorized to provide services in connection with the collection, forwarding, or receipt of authorized remittances.  Thus, digital payments service providers that fall within the definition of “banking institution” provided in 31 CFR § 515.314, including U.S.-registered money transmitters, can process authorized remittances to Cuba via digital payments. 

A banking institution is expected to conduct a level of due diligence commensurate with its overall risk profile and internal compliance policies and procedures.  However, as noted in FAQ 1057, banking institutions, including U.S-registered money transmitters within the context of § 515.572(a)(3), may rely on the statements of their customers that remittance transactions are authorized unless they know or have reason to know a transaction is not authorized. 

Section 515.572(a)(3) of the CACR does not authorize any transaction related to the collection, forwarding, or receipt of remittances involving any entity or subentity identified on the State Department’s Cuba Restricted List (CRL).  

Generally, OFAC’s general licenses are self-executing.  This means that if U.S. persons assess that their transactions fall within the scope of the authorizations in 31 CFR § 515.570 and 31 CFR § 515.572, they may execute such transactions without further assurance from OFAC.  
For transactions that do not fall within the scope of these authorizations, U.S. persons may apply for an OFAC specific license.  For example, financial institutions that fall outside the scope of 31 CFR § 515.572(a)(3) that seek to provide remittance forwarding services would not qualify for the authorization and would require a specific license.  Consistent with U.S. foreign policy, OFAC will prioritize specific license applications seeking authorization to enable remittances to flow more freely to the Cuban people via digital payments.  It is OFAC’s policy to deny specific license requests that involve transactions with CRL-listed entities for the purpose of collection, forwarding, or receipt of remittances.  Please see OFAC’s License Application Page for additional details regarding the specific licensing process.
 

Persons providing web hosting services authorized pursuant to 31 CFR § 515.578 may reasonably rely on information provided to them by their customers in the ordinary course of business, unless they know or have reason to know their provision of web hosting services is for the promotion of tourism.    

Yes.  Section 515.578(a)(1)(i) of the CACR authorizes the direct or indirect exportation or reexportation to Cuba, from the United States or by a person subject to U.S. jurisdiction, of certain services. Among these are API-related services incident to the exchange of communications over the internet.  This authorization may include, for example, API services incident to, among other services described in 31 CFR § 515.578(a)(1)(i), web maps, social media platforms, collaboration platforms, video conferencing, and e-gaming and e-learning platforms.  Section 515.578(a)(ii) of the CACR authorizes the direct or indirect exportation or reexportation to Cuba, from the United States or by a person subject to U.S. jurisdiction, of services to support the exchange of communications over the internet, such as software design, business consulting, information technology management services, and cloud-based services (including remote data storage, data transport service, content distribution networks, virtual machines, software-as-a-service, and infrastructure-as-a-service).

With respect to the exportation or reexportation of API software to Cuba, including the download of such software, 31 CFR § 515.533(a) authorizes all transactions ordinarily incident to the export to Cuba of items from the United States, or reexport to Cuba of items from a third country, if the export or reexport is licensed or otherwise authorized by the Department of Commerce pursuant to the Export Administration Regulations (EAR) (15 CFR parts 730 through 774).  For example, the export and reexport to Cuba of certain software is authorized under License Exception Consumer Communications Devices (CCD), 15 CFR § 740.19, and License Exception Support for the Cuban People (SCP), 15 CFR § 740.21.

Section 515.578(b)(1) of the CACR excludes from authorization under 31 CFR 515.578(a)(1)-(3) the direct or indirect exportation or reexportation of services with knowledge or reason to know that such services are intended for a prohibited official of the Government of Cuba, as defined in 31 CFR § 515.337, a prohibited member of the Cuban Communist Party, as defined in 31 CFR § 515.338, or to organizations administered or controlled by the Government of Cuba or the Cuban Communist Party, except as specified in 31 CFR § 515.578(a)(4).

For purposes of assessing whether exports or reexports are excluded from 31 CFR § 515.578 pursuant to 31 CFR § 515.578(b)(1), internet-based service providers subject to U.S. jurisdiction may reasonably rely on information provided to them by their customers in the ordinary course of business, unless they know or have reason to know a transaction is not authorized.  

Section 515.578(a)(4)(i) of the CACR authorizes the exportation or reexportation, directly or indirectly, from the United States or by a person subject to U.S. jurisdiction, to a prohibited official of the Government of Cuba, as defined in 31 CFR § 515.337, a prohibited member of the Cuban Communist Party, as defined in 31 CFR § 515.338, of certain internet-based services and services related to certain exportations and reexportations, as described in 31 CFR § 515.578(a)(1) or 31 CFR § 515.578(a)(2), respectively, provided that such services are widely available to the public at no cost to the user.  Examples of authorized services include:

• Social media platforms;
• Collaboration platforms;
• Video conferencing;
• E-gaming and e-learning platforms;
• Automated translation;
• Web maps;
• User authentication services;
• Cloud-based services to support services described in section § 515.584(a)(1)(i); and
• Services to install, repair, or replace items related to communication, or items used to develop software that improves the free flow of information or that will support private sector activities in Cuba consistent with the export or reexport licensing policy of the Department of Commerce.

Section 515.582 of the CACR authorizes persons subject to U.S. jurisdiction to import certain goods and services produced by independent private sector entrepreneurs, as determined by the State Department and set forth on the State Department's Section 515.582 List.  See FAQ 770.

In determining whether a good is produced by an independent private sector entrepreneur, as defined in 31 CFR § 515.340, persons subject to U.S. jurisdiction should consider the extent of Cuban state-owned entities’ involvement in the production and exportation of such goods.  For example, goods generally are not considered produced by independent private sector entrepreneurs if the manufacturing or processing conducted by Cuban state-owned entities results in a product with a new name, character, or use.  For example, an agricultural commodity grown by an independent grower but then processed by Cuban state-owned entities into a new product prior to exportation would not be a good produced by an independent private sector entrepreneur for purposes of 31 CFR § 515.582.  However, a good can still be considered produced by an independent private sector entrepreneur if, for example, Cuban state-owned entities are involved only in packing of the final product or acting solely as an export agent. 

Section 515.340 defines the term “independent private sector entrepreneur” to mean a Cuban national who is not a prohibited official of the Government of Cuba or a prohibited member of the Cuban Communist Party, and who is one or more of the following:  (a) an owner, including a self-employed individual (cuentapropista), or employee of a small private business entity, private cooperative, or a sole proprietorship located in Cuba, in each case of up to 100 employees; (b) an independent contractor or consultant; (c) a small farmer who owns his or her own land; (d) a small usufruct farmer who cultivates state-owned land to sell products on the open market; or (e) a private cooperative or small private business entity located in Cuba of up to 100 employees that is owned only by individuals described in paragraphs (a) through (d) of § 515.340.  For example, small private business entities or private cooperatives owned only by independent private sector entrepreneurs, as defined, could include:

• Agricultural businesses and farming cooperatives;
• Animal feed and veterinary services;
• IT services, software development businesses, and mobile application developers
• Food and beverage importers, production/processing businesses, packaging and food distributors;
• Clothing, jewelry, fashion design, and beauty/cosmetics suppliers and services;
• Historic preservation and cultural preservation businesses;
• Arts-related businesses; 
• Machinery manufacturing and repair businesses;
• Shipping, logistics, expediting, and delivery of goods businesses;
• Medical supply businesses;
• Restaurants and bars;
• Taxis and transportation services;
• Bed and breakfasts;
• Manufacturing companies;
• Business consulting services, marketing and branding services;
• Accounting and bookkeeping services;
• Home construction business and remodeling, plumbing, electrical, or other repair companies for business or residential facilities and homes;
• Furniture design and manufacturing companies;
• Travel services;
• Vendors of personal care and household items, furniture, and appliances;
• Interior decoration and design businesses;
• Film and media production or journalism businesses;
• Gyms, personal training, or fitness classes; and
• Mechanical services (automobile, refrigeration, heating and A/C services and repair).