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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.

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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

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

• Overview of Sanctions  
• Overview of Sanctions (text)

Important Advisories

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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.

• Cuba Travel Advisory

Frequently Asked Questions

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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.

• OFAC Frequently Asked Questions

Specific Guidance on the Cuba Sanctions

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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

• Publishing Activities Involving Manuscripts from Sanctioned Countries
• Publication Activities Performed by U.S. Newspapers

Related to Travel Transactions, Service Providers and the Travel Industry

• Advertising Educational Exchange Travel to Cuba for People-to-People Contact
• Comprehensive Guidelines for License Applications to Engage in Travel- related Transactions Involving Cuba
• Authorized Travel, Carrier, and Remittance Forwarding Service Providers
• Computerized Reservation Systems (Cuba Travel)
• Prepaid Tourist Packages are Prohibited
• Summary of Travel, Carrier, and Remittance Forwarding Service Provider Program (Circular 2012)

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:

• Notice Regarding the Transfer of Claims against Cuba Certified by the Foreign Claims Settlement Commission

Interpretive Guidance

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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.

• Index of Interpretative Guidance

Applying for a Specific OFAC License and Sending Remittances to Cuba

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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.

• Apply for an OFAC License Online -  Authorization from OFAC to engage in a transaction that otherwise would be prohibited.   
• License Application for Travel to Cuba  - Sends the user to the same electronic license application as the above link.  To apply for a license to travel to Cuba, select "Cuba Travel" in the dropdown control at the bottom of the page.
• Cuban Remittance Affidavit Form (TD F90-22.52)  

Guidance on OFAC Licensing Policy

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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.

• Entities Owned By Blocked Persons - Guidance On Entities Owned By Persons Whose Property And Interests In Property Are Blocked

Executive Orders, Statutes, Rules and Regulations Relating to Cuba

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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)

Statutes

• Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 8 U.S.C. § 1189, 18 U.S.C. § 2339B
• Cuban Democracy Act of 1992 (CDA), 22 U.S.C. §§ 6001-6010
• Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, 22 U.S.C. §§ 6021-6091
• Sections 5 and 16 of the Trading With the Enemy Act (TWEA), 50 U.S.C. App. §§ 5, 16

Code of Federal Regulations

• 31 CFR Part 515 - Cuban Assets Control 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