Thursday, December 18, 2014

Cuba Sanctions

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Cuba Sanctions

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Frequently Asked Question in connection with the President's announcement on changes to U.S. policy with respect to Cuba.

Q.  How will OFAC implement the changes to the Cuba sanctions program announced by the President on December 17, 2014?  Are the changes effective immediately?
A.  OFAC will implement the Treasury-specific changes via amendments to its Cuban Assets Control Regulations. The Department of Commerce will implement the remainder of the changes via amendments to its Export Administration Regulations.  OFAC expects to issue its regulatory amendments in the coming weeks.  None of the announced changes takes effect until the new regulations are issued.
Sanctions Brochures

Sanctions Brochures are an overview of OFAC's regulations with regard to the Cuba sanctions.  They are useful quick reference tools. Important Advisories

OFAC issues advisories to the public on important issues related to the Cuba sanctions, while these documents may focus on specific industries and activities they should be reviewed by any party interested in OFAC compliance. Frequently Asked Questions

OFAC has compiled hundreds of frequently asked questions (FAQs) about its sanctions programs and related policies.  The link below sends the user to the entire list of OFAC's FAQs. Specific Guidance on the Cuba Sanctions

OFAC offers guidance on a variety of subjects related to the Cuba sanctions. Most of this guidance is specific in nature.  General guidance on the Cuba sanctions can be found in the Sanctions Brochures section at the top of this page. Related to Publishing Activities
Related to Travel Transactions, Service Providers and the Travel Industry
Related to trade and transport of Cuban origin goods
  • Cuban Cigar Update - Information on the importation of Cuban-origin cigars, transactions involving Cuban-orgin goods in third countries, and cigars produced from Cuban tobacco seed.
Related to the transfer of claims against Cuba:
Interpretive Guidance

OFAC issues interpretive guidance on specific issues related to the sanctions programs it administers.  These interpretations of OFAC policy are sometimes published in response to a public request for guidance or may be released proactively by OFAC in order to address a complex topic. Applying for a Specific OFAC License and Sending Remittances to Cuba

It may be in your and the U.S. government’s interest to authorize particular economic activity related to the Cuba sanctions.  Certain activities related to the Cuba sanctions may be allowed if they are licensed by OFAC.  Visit the link below to apply for an OFAC license. Guidance on OFAC Licensing Policy

Certain activities related to the Cuba sanctions may be allowed if they are licensed by OFAC.  Below OFAC has issued guidance on its licensing policy. Executive Orders, Statutes, Rules and Regulations Relating to Cuba

The Cuba sanctions program represents the implementation of multiple legal authorities.  Some of these authorities are in the form of executive orders issued by the President.  Other authorities are public laws (statutes) passed by The Congress.  These authorities are further codified by OFAC in its regulations which are published the Code of Federal Regulations (CFR).  Modifications to these regulations are posted in the Federal Register. Executive Orders
  • 12854 Implementation of the Cuban Democracy Act (Effective Date - July 4, 1993)
Code of Federal Regulations
Federal Register Notices
  • 77 FR 71530-12 - 2012 Amendments to the Cuban Assets Control Regulations​​
  • 76 FR 5072-11 - 2011 Amendments to the Cuban Assets Control Regulations
  • 75 FR 10997-10 - Amendments to authorize certain types of exportation
  • 74 FR 46000-09 - 2009 Amendments to the Cuban Assets Control Regulations​
  • 68 FR 14141-03  - 2003 Amendments to the Cuban Assets Control Regulations
  • 66 FR 36683-01  - Exports of Agricultural Products, Medicines, and Medical Devices to Cuba, Sudan, Libya, and Iran; Cuba Travel-Related Transactions

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