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SUMMARY OF SANCTIONS BY U.S. DEPARTMENT OF TREASURY
ON CUBA
The information below is summarized from the U.S. Department of Treasury Office of Foreign Assets Control as of September 20, 2006. This information is intended to serve as a summary only and references current sanctions, further research will always be necessary in each specific case in order to review the most current sanctions or revising of sanctions. Links are provided below.
TRAVEL TO AND FROM CUBA
Travel Arrangements: You should be aware that travel packages to Cuba provided by travel agencies in third countries that are being marketed as being in compliance with the prohibitions imposed by the U.S. against Cuba may not be in compliance. The following is taken from the Cuba Travel Advisory on the Treasury Department's webpage:
"This advisory is to alert U.S. travelers who participate in such trips that engaging in prepaid arrangements for travel expenditures otherwise prohibited by the Cuba Assets Control Regulations, 31 CFR Part 515 (the "Regulations"), will expose travelers to the possibility of civil monetary penalties from OFAC."
U.S. travel service providers, such as travel agents, who handle travel arrangements to, from, or within Cuba must hold special authorizations from the Office of Foreign Assets Control to engage in such activities. These authorizations are issued based on written applications from the service providers, subject to appropriate checks by the Treasury Department. A traveler should not use any travel agent or tour operator in the United States that does not hold valid Treasury authorization. If in doubt about the status of a company's authorization, travelers should call the Office of Foreign Assets Control at 305/810-5140. Only carrier service providers that have been authorized by OFAC may operate direct charter flights between the United States and Cuba. To find a licensed travel service provider, consult OFAC's website.
Unauthorized travel-related transactions to Cuba: Unless otherwise exempted or authorized, any person subject to U.S. jurisdiction who engages in any unauthorized travel-related transaction in Cuba violates the Regulations.
Only persons whose travel falls into certain categories, such as journalism, government, international aid and other professional research may be authorized under OFAC general license to spend money to, from or within Cuba. More details on these categories can be found on the U.S. Treasury Sanctions webpage in the Overview of Cuba Sanctions, through the link provided below.
Who Can Go - The following travelers are authorized, under OFAC general license, to engage in travel transactions while in Cuba:
• Travelers who have received specific licenses from OFAC prior to going. See below – “Specific licenses for educational institutions”
• Journalists and supporting personnel (regularly employed in that capacity by a news reporting organization and traveling for journalistic activities).
• Official government travelers (traveling on official business).
• Members of international organizations of which the United States is also a member (traveling on official business).
• Full-time professionals whose travel transactions are directly related to professional research in their professional areas, provided that their research 1) is of a noncommercial, academic nature; 2) comprises a full work schedule in Cuba; and 3) has a substantial likelihood of public dissemination.
Specific licenses for educational institutions traveling to Cuba: Specific licenses may be issued by OFAC to authorize travel transactions related to certain educational activities by students or employees at U.S. undergraduate or graduate institutions. Such licenses must be renewed after a period of one year. Once an academic institution has applied for and received such a specific license, the following categories of travelers affiliated with that academic institution are authorized to engage in travel-related transactions incident to the following activities without seeking further authorization from the Office of Foreign Assets Control:
• Undergraduate or graduate students participating in a structured
educational program lasting at least 10 weeks as part of a course
offered at a U.S. undergraduate or graduate institution. Students
planning to engage in such transactions must carry a letter from
the licensed institution stating 1) the institution’s license number,
2) that the student is enrolled in an undergraduate or graduate
degree program at the institution, and 3) that the travel is part of
an educational program of the institution.
• Persons doing noncommercial Cuba-related academic research in
Cuba for the purpose of qualifying academically as a professional
(e.g., research toward a graduate degree). Students planning to
engage in such transactions must carry a letter from the licensed
institution stating 1) the institution’s license number, 2) that the
student is enrolled in a graduate degree program at the institution,
and 3) that the Cuba research will be accepted for credit toward
that graduate degree.
• Undergraduate or graduate students participating in a formal
course of study lasting at least 10 weeks at a Cuban academic
institution, provided the Cuban study will be accepted for credit
toward a degree at the licensed U.S. institution. A student
planning to engage in such transactions must carry a letter from
the licensed U.S. institution stating 1) that the individual is a
student currently enrolled in an undergraduate or graduate
degree program, or a full time permanent employee at the
institution, 2) that the Cuba-related travel is part of a structured
educational program of that institution that will last at least 10
weeks, and 3) citing the institution's license number.
• Persons regularly employed in a teaching capacity at a licensed
U.S. undergraduate or graduate institution who plan to teach part
or all of an academic program at a Cuban academic institution for
at least 10 weeks. An individual planning to engage in such
transactions must carry a letter from the licensed institution
stating 1) the institution’s license number, and 2) that the
individual is regularly employed by the licensed institution
in a teaching capacity.
• Cuban scholars teaching or engaging in other scholarly activities
at a licensed college or university in the United States. Licensed
institutionsmay sponsor such Cuban scholars, including payment
of a stipend or salary. The Cuban scholar may remit all such stipends or salary payments back to Cuba.
• Full-time employees of a licensed institution organizing or
preparing for the educational activities described above. An
individual engaging in such transactions must carry a letter from
the licensed institution stating 1) the institution’s license number,
and 2) that the individual is regularly employed there.
Other specific licenses for travel to Cuba may be issued by the Office of Foreign Assets Control on a case-by-case basis authorizing travel transactions by persons or organizations that do not meet the requirements of the relevant general license described above. Examples include but are not limited to certain journalists, professional researchers, religious organizations, amateur or semi-professional athletic organizations, private or educational research organizations. Licenses authorizing transactions for multiple trips over an extended period of time are available.
Applying for a specific license to travel to Cuba: Except with regard to applications pertaining to family travel and the provision of travel, carrier and remittance forwarding services, persons wishing to travel to Cuba under a specific license should send a letter specifying the details of the proposed travel, including any accompanying documentation, to the Licensing Division, Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Applications for transactions referenced above should be submitted directly to OFAC's Miami office.
Exportation of Accompanied Baggage - Authorized travelers to Cuba are limited to 44 pounds of accompanied baggage per traveler unless a specific license from OFAC or the Department of Commerce's Bureau of Industry and Security authorizes a higher amount.
What can be brought back from Cuba - If U.S. travelers return from Cuba with Cuban origin goods, such goods, with the exception of informational materials, may be seized at Customs' discretion. [Section 515.204 of the Regulations]. There are no limits on the import or export of informational materials [Section 515,206 of the Regulations]. Such materials are statutorily exempt from regulation under the embargo and such items as books, films, tapes and CDs may be transported freely. However, blank tapes and CDs are not considered informational materials and may be seized.
Per Diem Allowance: Persons licensed to engage in other travel-related transactions in Cuba may spend up to the State Department Travel Per Diem Allowance for Havana, Cuba for purchases directly related to travel in Cuba, such as hotel accommodations, meals, local transportation, and goods personally used by the traveler in Cuba (travelers can check the current per diem rate on the Internet at <http://www.state.gov/www/perdiems/index.html>>).
Most licensed travelers may also spend additional money for transactions directly related to the activities for which they received their license.
FINANCIAL TRANSACTIONS, IMPORTS AND EXPORTS
Below is a brief summary of the sanctions by the U.S. Treasury on financial transactions, exports and imports with certain countries. For more complete and up to date information, you should always refer to the U.S. Treasury department webpage on Sanctions, the link is provided below.
Freeze on Cuban Assets:
There is a total freeze on Cuban assets, both governmental and private, and on financial dealings with Cuba; all property of Cuba, of Cuban nationals, and of Specially Designated Nationals of Cuba in the possession or control of persons subject to U.S. jurisdiction is “blocked.” Any property in which Cuba has an interest which comes into the United States or into the possession or control of persons subject to U.S. jurisdiction is automatically blocked by operation of law. Banks receiving unlicensed wire transfer instructions in which there is a Cuban interest, or any instrument in which there is a Cuban interest, must freeze the funds on their own books or block the instrument, regardless of origin or destination. “Suspense accounts” are not permitted. Blocking imposes a complete prohibition against transfers or transactions of any kind. No payments, transfers, withdrawals, or other dealings may take place with regard to blocked property unless authorized by the Treasury Department. Banks are permitted to take normal service charges. Blocked deposits of funds must be interest-bearing. “Set-offs” are not allowed. Persons subject to U.S. jurisdiction are required to exercise extreme caution in order not to knowingly involve themselves in unlicensed transactions in which Cuba has an interest. Except as authorized, no bank in the U.S. or overseas branch or subsidiary of a U.S. bank may advise a letter of credit involving Cuba nor may it process documents referencing Cuba. All such “property” must be blocked as soon as it comes within the bank's possession or control. All persons in possession of blocked property are required to register with the Office of Foreign Assets Control. Persons subject to U.S. jurisdiction who engage in any commercial dealings that involve unauthorized trade with Cuba, either directly or indirectly, risk substantial monetary penalties and criminal prosecution.
Transactions Involving Property in which Cuba or a Cuban National Has An Interest - In addition to the prohibitions on exports to and imports from Cuba, the Regulations prohibit any person subject to U.S. jurisdiction from dealing in any property in which Cuba or a Cuban national has an interest. Under the Regulations, “property” includes but is not limited to contracts and services. For example, unless otherwise authorized, persons subject to U.S. jurisdiction (including U.S. overseas subsidiaries) may not purchase Cuban cigars in Mexico; may not sign a contract with a U.K. firm if the contract terms include Cuba-related provisions (even if those provisions are contingent upon the lifting of the embargo); and may not provide
accounting, marketing, sales, or insurance services to a Cuban company or to a foreign company with respect to the foreign company’s Cuba related business.
Specially Designated Nationals of Cuba - The Regulations prohibit buying from or selling to Cuban nationals whether they are physically located on the island of Cuba or doing business elsewhere on behalf of Cuba. Individuals or organizations who act on behalf of Cuba anywhere in the world are considered by the U.S. Treasury Department to be“ Specially Designated Nationals” of Cuba. A non-exhaustive list of their names is published in the Federal Register, an official publication of the U.S. Government. This list may be obtained by calling the Office of Foreign Assets Control at 202/622-2490. The listing, however, is a partial one and any individual or organization subject to U.S. jurisdiction engaging in transactions with foreign nationals must take reasonable care to make certain that such foreign nationals are not acting on behalf of Cuba. Individuals and organizations subject to U.S. jurisdiction who violate the Regulations by transacting business with Specially Designated Nationals of Cuba are subject to criminal prosecution
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