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May 5, 2015: OFAC publishes Cuba Travel Guidance

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On Tuesday, OFAC issued a guidance document clarifying the travel restrictions in place with regard to the loosened Cuban sanctions.

Question 1:

Which individuals may be transported between the United States and Cuba by a person
that qualifies for the general license to provide carrier services via aircraft or that has
received a specific license to provide carrier services via commercial passenger vessel?

Persons subject to U.S. jurisdiction who are traveling to/from Cuba pursuant to a general
license under one of the 12 categories of travel listed in section 515.560 of the CACR or
under a specific license from OFAC may be transported via aircraft or commercial
passenger vessel 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 via aircraft or commercial passenger vessel to the United States from
Cuba; 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 via aircraft or commercial passenger vessel 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 C.F.R. § 515.505(a)(1) are persons subject to U.S.
jurisdiction and may be transported to 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 accompanying the traveler may be transported via aircraft or commercial
passenger vessel between the United States and Cuba.
Section 515.572 of the CACR authorizes persons subject to U.S. jurisdiction to provide carrier
services by aircraft to, from, or within Cuba, in connection with travel authorized pursuant to the
CACR. This authorization does not apply to carrier services by commercial passenger vessel,
which would require a specific license from OFAC. Additionally, separate authorization from
Commerce Department’s Bureau of Industry and Security (BIS) is required for the temporary
sojourn to Cuba of both aircraft and vessels. Persons engaging in these activities may require
additional authorizations by other U.S. government agencies. Persons subject to U.S.
jurisdiction providing travel or carrier services pursuant to an OFAC general or specific license
shall be 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 the specific license, that authorizes
the person to travel to Cuba.


Question 2:

What type of cargo may a person authorized to provide carrier services via aircraft or
commercial passenger vessel transport from the United States to Cuba?

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 licensed or otherwise authorized by BIS. See § 515.533.

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.

Question 3:

What type of cargo may a person authorized to provide carrier services via aircraft or
commercial passenger vessel transport directly from Cuba to the United States?

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

For persons subject to U.S. jurisdiction, up to $400 of merchandise acquired in Cuba for
personal use, of which up to $100 may be alcohol or tobacco products.
For foreign nationals, any Cuban-origin goods other than alcohol or tobacco products,
provided that such goods are not in commercial quantities and are not imported for
resale, as authorized by 31 CFR § 515.569, and up to $100 in alcohol/tobacco products
acquired in Cuba for personal use (see note to 31 C.F.R. § 515.569).
All travelers may carry goods produced by Cuban entrepreneurs as authorized by 31
CFR § 515.582 and the
State Department’s 515.582 List (available at
http://www.state.gov/e/eb/tfs/spi).
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 license or
other authorization.
Additionally, persons authorized to provide carrier services via aircraft or commercial passenger
vessel 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, as well as 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 in the CACR.


Links:

OFAC Notice

OFAC Cuba Travel Guidance

 


Filed under: Cuba Sanctions, Guidance, OFAC Updates, Sanctions Programs, Sanctions Regulations

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