Friday, September 18, 2015

Updated rules on travel, trade with Cuba

This document is scheduled to be published in the
Federal Register on 09/21/2015 and available online at
http://federalregister.gov/a/2015-23587, and on FDsys.gov
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 515
Cuban Assets Control Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.

-------------------
SUMMARY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is
amending the Cuban Assets Control Regulations to further implement elements of the policy
announced by the President on December 17, 2014 to engage and empower the Cuban people.
Among other things, these amendments further facilitate travel to Cuba for authorized purposes
(including authorizing by general license the provision of carrier services by vessel), expand the
telecommunications and internet-based services general licenses, authorize certain persons

subject to U.S. jurisdiction to establish a physical presence in Cuba, allow certain additional
persons subject to U.S. jurisdiction to open and maintain bank accounts in Cuba to use for
authorized purposes, allow certain additional financial transactions (including removing the limit
on donative remittances to Cuba and unblocking certain previously blocked remittances and
funds transfers), authorize all persons subject to U.S. jurisdiction to provide goods and services
to Cuban national individuals located outside of Cuba, and allow a number of other activities
related to, among other areas, legal services, imports of gifts sent to the United States, and
educational activities. These amendments also implement certain technical and conforming
changes.


DATES: Effective: [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER].
FOR FURTHER INFORMATION CONTACT: The Department of the Treasury’s Office of
Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director
for Policy, tel.: 202-622-2746, Assistant Director for Regulatory Affairs, tel.: 202-622-4855,
Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the
Department of the Treasury’s Office of the Chief Counsel (Foreign Assets Control), Office of the
General Counsel, tel.: 202-622-2410.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional information concerning OFAC are available from OFAC’s
website (www.treasury.gov/ofac). Certain general information pertaining to OFAC’s sanctions
programs also is available via facsimile through a 24-hour fax-on-demand service, tel.: 202-
622–0077.

Background
The Department of the Treasury issued the Cuban Assets Control Regulations, 31 CFR
part 515 (the “Regulations”), on July 8, 1963, under the Trading With the Enemy Act (50 U.S.C.
App. 5 et seq.). OFAC has amended the Regulations on numerous occasions.
Most recently, on January 16, 2015, OFAC amended the Regulations, in a coordinated
action with the Department of Commerce, to implement certain policy measures announced by
the President on December 17, 2014 to further engage and empower the Cuban people (the
“January 2015 amendments”). OFAC’s January 2015 amendments facilitated travel to Cuba for
authorized purposes, facilitated the provision by travel agents and airlines of authorized travel
and carrier services and the forwarding by certain entities of authorized remittances, raised the
limit on certain categories of remittances to Cuba, allowed U.S. financial institutions to open
correspondent accounts at Cuban financial institutions to facilitate the processing of authorized
transactions, authorized certain transactions with Cuban nationals located outside of Cuba, and
allowed a number of other activities related to, among other areas, telecommunications, financial
services, trade, and shipping.
Today, OFAC and the Department of Commerce are taking additional coordinated
actions in support of the President’s Cuba policy. OFAC is amending the Regulations to further
implement certain policy measures announced by the President on December 17, 2014 to engage
and empower the Cuban people. Among other things, these amendments further facilitate travel
to Cuba for authorized purposes (including authorizing by general license the provision of carrier
services by vessel), expand the telecommunications and internet-based services general licenses,
authorize certain persons subject to U.S. jurisdiction to establish a physical presence in Cuba to
facilitate authorized transactions, allow certain additional persons subject to U.S. jurisdiction to
open and maintain bank accounts in Cuba to use for authorized purposes, allow certain additional
financial transactions (including removing the limit on donative remittances to Cuba and
unblocking certain previously blocked remittances and funds transfers), authorize all persons
subject to U.S. jurisdiction to provide goods and services to Cuban national individuals located
outside of Cuba, and allow a number of other activities related to, among other areas, legal
services, imports of gifts sent to the United States, and educational activities. These amendments
also implement certain technical and conforming changes.

Travel and Related Services
Carrier service by vessel and certain lodging services. OFAC is amending section
515.572 to authorize persons subject to U.S. jurisdiction to provide carrier services by vessel,
without the need for specific licenses from OFAC, and to add an authorization to provide certain
lodging services aboard such vessels in connection with such transportation. OFAC also is
adding a note to section 515.572 to clarify which categories of persons may be transported
between Cuba and the United States.

Family visits. OFAC is amending section 515.561 to allow persons subject to U.S.
jurisdiction and persons traveling with them who share a common dwelling as a family to visit a
close relative located in Cuba or accompany a close relative traveling to Cuba pursuant to
sections 515.562 (official government business), 515.563 (journalistic activity), 515.564(a)
(professional research), 515.565(a)(1) through (4) and (6) (educational activities), 515.566
(religious activities), 515.575 (humanitarian projects), or 515.576 (activities of private
foundations or research or educational institutes). OFAC is also removing a restriction requiring
that the authorized traveler being visited or accompanied must be in Cuba for more than 60 days
if that traveler is located in Cuba pursuant to section 515.565(a)(1)-(4).
Bank accounts for authorized travelers. OFAC is amending section 515.560 to allow all
authorized travelers to open and maintain bank accounts in Cuba in order to access funds while
located in Cuba for authorized transactions, and to close such accounts.
Telecommunications and Internet-based Services
Subsidiaries, joint ventures, and other business relationships with Cuban individuals and
entities. In order to further enhance the free flow of information to, from, and among the Cuban
people and to better provide efficient and adequate telecommunications services between the
United States and Cuba, OFAC is amending sections 515.542 and 515.578 to authorize persons
subject to U.S. jurisdiction to establish and maintain a business presence in Cuba, including
through subsidiaries, branches, offices, joint ventures, franchises, and agency or other business
relationships with any Cuban individual or entity, to provide authorized telecommunications and
internet-based services. OFAC is also authorizing persons subject to U.S. jurisdiction to enter
into licensing agreements related to services authorized by section 515.542(b) through (d) and
section 515.578(a), and to market such services. OFAC is amending section 515.505 to unblock
any entity, office, or other sub-unit established pursuant to sections 515.542 and 515.578.
Mobile applications. To further enhance the free flow of information to, from, and
among the Cuban people, OFAC is adding a provision in section 515.578 to authorize the
importation into the United States of Cuban-origin mobile applications. In addition, OFAC is
authorizing the employment of Cuban nationals by persons subject to U.S. jurisdiction to
develop such mobile applications.
Additional internet-based services and services related to additional authorized exports.
In the January 2015 amendments, OFAC authorized services beyond those authorized in section
515.533 related to items exported pursuant to the Commerce Department’s License Exception
Consumer Communications Devices (CCD), certain non-U.S.-origin items located outside the
United States, and certain software not subject to the Export Administration Regulations (15
C.F.R. part 730 et seq.). These services include software design, business consulting,
information technology management, and other services to install, repair, and replace such items.
OFAC is amending section 515.578 to expand the permitted services to include training related
to the installation, repair, or replacement of such items. OFAC also is expanding the
authorization to extend to services related to exports of consumer communications devices not
eligible for License Exception CCD but authorized pursuant to an individual license from the
Department of Commerce and to services related to exports authorized pursuant to the
Commerce Department’s License Exception Support for the Cuban People (SCP) of certain
commodities and software that will be used by individuals or private sector entities to develop
software that will improve the free flow of information or that will support certain private sector
activities. OFAC also is amending section 515.578 to authorize persons subject to U.S.
jurisdiction to provide services related to all such items that were exported to Cuba from a third
country. OFAC is removing a restriction relating to organizations administered or controlled by
the Government of Cuba or the Cuban Communist Party with respect to certain internet-based
services (such as instant messaging, chat and email, and social networking) authorized pursuant
to section 515.578(a)(1), while maintaining this restriction on provision of these services to
prohibited officials of the Government of Cuba and prohibited members of the Cuban
Communist Party.

Physical Presence in Cuba
Physical presence in Cuba for certain persons. OFAC is amending section 515.573 to
authorize certain persons subject to U.S. jurisdiction to establish a physical presence, such as an
office or other facility, in Cuba, to facilitate authorized transactions. This authorization covers
the following: news bureaus; exporters of goods authorized for export pursuant to sections
515.533 or 515.559; providers of authorized mail and parcel transmission services and cargo
transportation services; providers of telecommunications or internet-based services; entities
organizing or conducting certain educational activities; religious organizations; and providers of
travel and carrier services. In addition, OFAC is authorizing these individuals and entities to
open and maintain bank accounts at financial institutions in Cuba for use for authorized
transactions, and to close such accounts. The prior provisions in this section authorizing certain
transactions by news organizations have been fully incorporated into the revised section. OFAC
is also amending section 515.505 to unblock any entity, office, or other sub-unit established
pursuant to section 515.573, as well as to unblock any individual authorized to establish domicile
in Cuba pursuant to section 515.573(a)(4).

Financial Transactions
Remittances. OFAC is amending section 515.570(b) to remove the limitation on
donative remittances to Cuban nationals who are not prohibited officials of the Government of
Cuba or prohibited members of the Cuban Communist Party. OFAC also is amending section
515.560(c)(4)(i) to remove the limitation on certain authorized remittances that authorized
travelers may carry to Cuba, and section 515.560(d)(2) to remove the limitation on the amount of
remittances that a Cuban national permanently resident in Cuba who is departing the United
States may carry to Cuba.
Unblocking of certain previously blocked remittances and funds transfers. Prior to the
January 2015 amendments, banks were required to block remittances exceeding the then $500
per quarter limit on authorized periodic remittances to non-family members. Following the
January 2015 amendments, banks were required to block remittances exceeding the revised
$2,000 per quarter limit on authorized periodic remittances to non-family members. OFAC is
issuing a new general license in section 515.570(h) authorizing the unblocking and return of such
blocked remittances, provided they would be authorized under the current regulations. Similarly,
OFAC is adding a new general license in section 515.584(e) authorizing the unblocking and
return of previously blocked funds transfers that could have been rejected or processed pursuant
to section 515.584(d)(1) or (d)(2) (certain wire transfers), section 515.562(b) (official business of
the U.S. government, foreign governments, and certain intergovernmental organizations), or
section 515.579(b) (funds transfers for third-country official missions and certain
intergovernmental organizations), if those transfers could be rejected or processed under current
regulations. Persons subject to U.S. jurisdiction unblocking funds transfers pursuant to these
authorizations must provide a report to OFAC within 10 business days from the date such funds
transfers are released.
Account access for Cuban nationals present in the United States. Section 515.571
previously authorized depository institutions to open and maintain accounts for a Cuban national
who was present in the United States in a non-immigrant status or pursuant to other nonimmigrant
travel authorization, subject to the requirement that accounts not closed prior to the
departure of the Cuban national from the United States be blocked. OFAC is amending section
515.571 to add an authorization for depository institutions to maintain these accounts while the
Cuban-national account holder is located outside the United States, provided that the account
holder may only access the account while lawfully present in the United States. In addition,
prior to today’s amendments, section 515.571 established a $250 cap on payments from blocked
accounts held by Cuban nationals in the United States in a non-immigrant status to use for living
expenses. OFAC is amending section 515.571 to remove this cap to more adequately allow
Cuban nationals lawfully present in the United States to access sufficient funds for living
expenses or other transactions ordinarily incident to their presence in the United States in a non10
immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S.
government.
Remittances from Cuba to the United States. OFAC is adding a new general license in
section 515.587 authorizing remittances from Cuba or from certain Cuban nationals located in
third countries to the United States. OFAC is making a conforming change to section
515.572(a)(3) to authorize banking instituions, including U.S.-registered brokers and dealers in
securities and U.S.-registered money transmitters, to provide services in connection with the
receipt of such remittances.
Estate-related transactions. Prior to today’s amendments, a specific license was required
for certain estate-related transactions that were not generally licensed, including to unblock
shares of a Cuban estate for a U.S. beneficiary and remit the estate of a person subject to U.S.
jurisdiction to a Cuban national who is not a close relative. OFAC is now expanding a general
license in section 515.523 related to administering decedents’ estates and a general license in
section 515.570(f) to allow the unblocking of, and remittances related to, estates in which a
Cuban national has an interest. OFAC is removing section 515.522 and substantially revising
section 515.524 because most transactions previously described in those sections are now
authorized by general license. OFAC is also making conforming edits to sections 515.407 and
515.525.

Commercial Transactions
Provision of goods and services to Cuban nationals located in a third country. OFAC is
amending section 515.585 to expand the existing authorization to allow all persons subject to
U.S. jurisdiction to provide goods and services to Cuban national individuals located in a third
country. In addition, OFAC is adding an authorization to allow banking institutions to open,
maintain, and close bank accounts for such Cuban nationals.

Other Amendments
Legal services. OFAC is amending section 515.512 to generally authorize receipt of
payment for the provision of authorized legal services to Cuba or a Cuban national other than
prohibited officials of the Government of Cuba and prohibited members of the Cuban
Communist Party. In addition, recent amendments to certain OFAC sanctions programs have
included general licenses authorizing payments from funds outside the United States for legal
services provided to blocked individuals, subject to certain conditions. OFAC is adding this
general license in section 515.512(e) to authorize payments from outside the United States for
the provision of authorized legal services to or on behalf of prohibited officials of the
Government of Cuba and prohibited members of the Cuban Communist Party. OFAC also is
adding a new authorization in section 515.588 to permit persons subject to U.S. jurisdiction to
receive, and make payments for, certain legal services from Cuba or Cuban nationals, subject to
certain conditions.
Gift imports sent to the United States. OFAC is amending section 515.544 to generally
authorize the importation into the United States of merchandise from Cuba or Cuban-origin
merchandise from a third country intended as gifts 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.

Educational activities. OFAC is expanding the general license in section 515.565 to
allow additional educational activities that are authorized in other sanctions programs
administered by OFAC, including the provision of standardized testing services and internetbased
courses to Cuban nationals, as well as to authorize U.S. and Cuban universities to engage
in academic exchanges and joint non-commercial academic research.
Ordinarily incident transactions. OFAC is issuing interpretive guidance in new section
515.421 to clarify that, with certain exceptions, transactions ordinarily incident to a licensed
transaction and necessary to give effect thereto are also authorized. In response to public
inquiries, OFAC is providing a specific example in this section to clarify that ordinarily incident
transactions include payments made using online payment platforms for authorized transactions.

Air ambulances and emergency medical services. OFAC has had a favorable specific
licensing policy and has authorized on a case-by-case and expedited basis air ambulances to
travel to and from Cuba and to evacuate individuals requiring medical care. In such exigent
circumstances, OFAC has allowed U.S. medical and other essential personnel to provide services
to individual travelers in need of medical attention, regardless of nationality or the purpose of the
individual’s travel to Cuba. OFAC is amending section 515.548 to generally authorize such
services. To clarify the availability of nonscheduled emergency medical services in the United
States, OFAC also is adding a new general license in section 515.589.

Humanitarian projects. OFAC is amending section 515.575 to explicitly include disaster
relief and historical preservation as authorized humanitarian projects.

Cuban official missions. OFAC is amending section 515.586 to authorize funds transfers
on behalf of official missions of the Government of Cuba in the United States.

Technical and Conforming Amendments. OFAC also is making a number of technical
and conforming amendments. Among other things, OFAC is amending sections 515.533(d) and
515.559(d) to make explicit that those authorizations extend to such additional transactions as are
directly incident to the installation in Cuba of items consistent with the export or reexport
licensing policy of the Department of Commerce, and amending section 515.533(d) by removing
the reference to “sales” to clarify that the authorization applies to transactions related to donated
exports. OFAC is amending section 515.550 to waive vessel restrictions for vessels engaging in
authorized trade in imports, including those from Cuban entrepreneurs, and carrying persons
engaging in authorized travel between the United States and Cuba, and making a conforming
change to the Note to section 515.207.

Public Participation
Because the amendments of the Regulations involve a foreign affairs function, Executive
Order 12866 and the provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking, opportunity for public participation, and delay in effective date
are inapplicable. Because no notice of proposed rulemaking is required for this rule, the
Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply.

Paperwork Reduction Act
The collections of information related to the Regulations are contained in 31 CFR part
501 (the “Reporting, Procedures and Penalties Regulations”) and section 515.572 of this part.
Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of
information will be covered by the Office of Management and Budget under control numbers
1505-0164, 1505-0167, and 1505-0168. An agency may not conduct or sponsor, and a person is
not required to respond to, a collection of information unless the collection of information
displays a valid control number.

List of Subjects in 31 CFR Part 515
Administrative practice and procedure, Banking, Blocking of assets, Carrier services,
Cuba, Financial transactions, Remittances, Reporting and recordkeeping requirements,
Telecommunications, Travel restrictions.
For the reasons set forth in the preamble, the Department of the Treasury’s Office of
Foreign Assets Control amends 31 CFR part 515 as set forth below:
PART 515—CUBAN ASSETS CONTROL REGULATIONS
1. The authority citation for part 515 continues to read as follows:
Authority: 22 U.S.C. 2370(a), 6001-6010, 7201-7211; 31 U.S.C. 321(b); 50 U.S.C. App
1-44; Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104-114, 110 Stat. 785 (22
U.S.C. 6021-6091); Pub. L. 105-277, 112 Stat. 2681; Pub. L. 111-8, 123 Stat. 524; Pub. L. 111-
117, 123 Stat. 3034; E.O. 9193, 7 FR 5205, 3 CFR, 1938-1943 Comp., p. 1174; E.O. 9989, 13
FR 4891, 3 CFR, 1943-1948 Comp., p. 748; Proc. 3447, 27 FR 1085, 3 CFR, 1959-1963 Comp.,
p. 157; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614.
Subpart B – Prohibitions
2. Amend § 515.207 by revising the Note to § 515.207 to read as follows.
§ 515.207 Entry of vessels engaged in trade with Cuba.

* * * * *
Note to § 515.207: For the waiver of the prohibitions contained in this section for vessels
engaged in certain trade and travel with Cuba, see § 515.550.
Subpart D – Interpretations
3. Revise § 515.407 to read as follows.
§ 515.407 Administration of blocked estates of decedents.
With respect to transactions incident to the administration of the blocked estate of a
decedent, including the appointment and qualification of personal representatives, the collection
and liquidation of assets, the payment of claims, and distribution to beneficiaries, attention is
directed to § 515.523, which authorizes all transactions incident to the administration and
distribution of the assets of blocked estates of decedents.
4. Amend § 515.415 by revising paragraph (b) to read as follows:
§ 515.415 Travel to Cuba; transportation of certain Cuban nationals.

* * * * *
(b) Transactions incident to the travel to the United States of Cuban nationals who are
traveling other than in a non-immigrant status or pursuant to other non-immigrant travel
authorization issued by the U.S. government are not authorized under the provisions of
§ 515.571.
* * * * *
5. Add § 515.421 to subpart D to read as follows:
§ 515.421 Transactions ordinarily incident to a licensed transaction.
(a) Any transaction ordinarily incident to a licensed transaction and necessary to give
effect thereto is also authorized, except:
(1) A transaction by or with a prohibited official of the Government of Cuba, as defined
in § 515.337, or a prohibited member of the Cuban Communist Party, as defined in § 515.338,
where the terms of the applicable general or specific license expressly exclude transactions with
such persons;
(2) A transaction involving a debit to a blocked account or a transfer of blocked property
that is not explicitly authorized within the terms of the license;
(3) A transaction prohibited by § 515.208; or
(4) In the case of export or reexport-related transactions authorized by § 515.533(a),
payment or financing that is not explicitly authorized by that section.
Note to paragraph (a)(4): See § 515.533(a)(2) for payment and financing terms for
exportations or reexportations authorized pursuant to § 515.533.
(b) Examples. (1) A specific license authorizing a person to complete a securities sale
involving Cuban Company A, whose property and interests in property are blocked pursuant to
this part, also authorizes other persons to engage in activities that are ordinarily incident and
necessary to complete the sale, including transactions by the buyer, broker, transfer agents, and
banks.
(2) A general license authorizing a person to import certain goods from independent
Cuban entrepreneurs also authorizes funds transfers or payments that are ordinarily incident to
the importation, including payments made using online payment platforms.
Subpart E — Licenses, Authorizations, and Statements of Licensing Policy
6. Amend § 515.502 by revising paragraph (b) to read as follows:
§ 515.502 Effect of subsequent license or authorization.
* * * * *
(b) No regulation, ruling, instruction, or license authorizes a transaction prohibited under
this part unless the regulation, ruling, instruction, or license is issued by the Treasury Department
and specifically refers to this part.
7. Amend § 515.505 by revising paragraphs (a)(2) and (3) and adding paragraphs (a)(4) and (5)
to read as follows:
§ 515.505 Certain Cuban nationals unblocked.
(a) * * *
(2) Any individual national of Cuba who has taken up permanent residence outside of
Cuba, provided that the required documentation specified in paragraph (c) of this section is
obtained and the individual is not a prohibited official of the Government of Cuba, as defined in
§ 515.337, or a prohibited member of the Cuban Communist Party, as defined in § 515.338;
(3) Any entity that otherwise would be a national of Cuba solely because of the interest
therein of one or more persons licensed in this paragraph (a) as an unblocked national;
(4) Any entity, office, or other sub-unit authorized pursuant to §§ 515.542, 515.573, or
515.578; and
(5) Any individual authorized to establish domicile in Cuba pursuant to § 515.573(a)(4).
* * * * *
8. Revise § 515.512 to read as follows:
§ 515.512 Provision of certain legal services authorized.
(a) The provision of the following legal services to or on behalf of Cuba or a Cuban
national is authorized, provided that receipt of payment of professional fees and reimbursement
of incurred expenses must be authorized by or pursuant to paragraph (d) or (e) of this section, or
otherwise authorized pursuant to this part:
(1) Provision of legal advice and counseling on the requirements of and compliance with
the laws of the United States or any jurisdiction within the United States, provided that such
advice and counseling are not provided to facilitate transactions in violation of this part;
(2) Representation of persons named as defendants in or otherwise made parties to legal,
arbitration, or administrative proceedings before any U.S. federal, state, or local court or agency;
(3) Initiation and conduct of legal, arbitration, or administrative proceedings before any
U.S. federal, state, or local court or agency;
(4) Representation of persons before any U.S. federal, state, or local court or agency with
respect to the imposition, administration, or enforcement of U.S. sanctions against such persons;
and
(5) Provision of legal services in any other context in which prevailing U.S. law requires
access to legal counsel at public expense.
(b) The provision of any other legal services to Cuba or a Cuban national, not otherwise
authorized in this part, requires the issuance of a specific license.
(c) Entry into a settlement agreement or the enforcement of any lien, judgment, arbitral
award, decree, or other order through execution, garnishment, or other judicial process
purporting to transfer or otherwise alter or affect property in which Cuba or a Cuban national has
had an interest at any time on or since 12:01 a.m., Eastern Standard Time, July 8, 1963, is
prohibited unless licensed pursuant to this part.
(d) Receipts of payment(1) Legal services to or on behalf of certain blocked
persons. All receipts of payment of professional fees and reimbursement of incurred expenses
for the provision of legal services authorized pursuant to paragraph (a) of this section to or on
behalf of a prohibited official of the Government of Cuba, as defined in § 515.337, or a
prohibited member of the Cuban Communist Party, as defined in § 515.338, must be specifically
licensed or otherwise authorized pursuant to § 515.512(e), which authorizes certain payments
from funds originating outside the United States.
(2) Legal services to or on behalf of all others. All receipts of payment of professional
fees and reimbursement of incurred expenses for the provision of legal services authorized
pursuant to paragraph (a) of this section to or on behalf of Cuba or a Cuban national, other than
those described in paragraph (d)(1) of this section, are authorized, except that nothing in this
section authorizes the debiting of any blocked account or the transfer of any blocked property.
(e) Payments for legal services from funds originating outside the United States
authorized. Receipts of payment of professional fees and reimbursement of incurred expenses
for the provision of legal services authorized pursuant to § 515.512(a) to or on behalf of a
prohibited official of the Government of Cuba, as defined in § 515.337, or a prohibited member
of the Cuban Communist Party, as defined in § 515.338, are authorized from funds originating
outside the United States, provided that:
(1) The funds received by persons subject to U.S. jurisdiction as payment of professional
fees and reimbursement of incurred expenses for the provision of legal services authorized
pursuant to paragraph (a) of this section do not originate from:
(i) A source within the United States;
(ii) Any source, wherever located, within the possession or control of a person subject to
U.S. jurisdiction; or
(iii) Any person, other than the person on whose behalf the legal services authorized
pursuant to paragraph (a) of this section are to be provided, whose property and interests in
property are blocked pursuant to any part of this chapter other than part 515.
(2) Reports. (i) Persons subject to U.S. jurisdiction who receive payments in connection
with legal services authorized pursuant to paragraph (a) of this section must submit annual
reports no later than 30 days following the end of the calendar year during which the payments
were received providing information on the funds received. Such reports shall specify:
(A) The individual or entity from whom the funds originated and the amount of funds
received; and
(B) If applicable:
(1) The names of any individuals or entities providing related services to the person
subject to U.S. jurisdiction receiving payment in connection with authorized legal services, such
as private investigators or expert witnesses;
(2) A general description of the services provided; and
(3) The amount of funds paid in connection with such services.
(ii) The reports, which must reference this section, are to be mailed to: Department of the
Treasury, Office of Foreign Assets Control, Attn: Licensing Division, 1500 Pennsylvania
Avenue, N.W., Annex, Washington, DC 20220.
Note 1 to § 515.512: Persons subject to U.S. jurisdiction who receive payments in
connection with legal services authorized pursuant to § 515.512(a) do not need to obtain specific
authorization to contract for related services that are ordinarily incident to the provision of those
legal services, such as those provided by private investigators or expert witnesses, or to pay for
such services. This does not authorize the hiring of Cuban nationals. Additionally, persons
subject to U.S. jurisdiction do not need to obtain specific authorization to provide related
services that are ordinarily incident to the provision of legal services authorized pursuant to §
515.512(a).
Note 2 to § 515.512: See §§ 515.527 and 515.528 for general licenses authorizing fees
due to attorneys in connection with certain intellectual property-related transactions. See
§ 515.588 for a general license authorizing the receipt of, and payment for, certain legal services
from Cuba or a Cuban national.
§ 515.522 [Removed and Reserved]
9. Remove and reserve § 515.522.
10. Revise § 515.523 to read as follows:
§ 515.523 Transactions incident to the administration of decedents’ estates.
All transactions incident to the administration and distribution of the assets of a blocked
estate of a decedent are authorized. Such transactions include the appointment and qualification
of a personal representative in the United States or Cuba, collection and preservation of assets by
a personal representative and associated fees, payment of funeral expenses and expenses of the
last illness, transfer of title, and distribution of assets pursuant to a valid testamentary disposition
or intestate succession. All property distributed pursuant to this section is unblocked, provided
that neither Cuba nor a Cuban national (other than the decedent or a person unblocked pursuant
to § 515.505) has an interest in the property.
Note to § 515.523: See § 515.570(f)(1) for a general license authorizing funds deposited
in a blocked bank account in a banking institution, as defined in § 515.314, as a result of certain
administration of decedents’ estates to be remitted to a national of Cuba.
11. Amend § 515.524 by revising paragraphs (a) and (b), removing paragraph (c), redesignating
paragraph (d) as paragraph (c), and adding a Note to paragraph (b) to read as follows:
§ 515.524 Payment from and transactions in the administration of certain trusts.
(a) Any bank or trust company incorporated under the laws of the United States, or of any
State, territory, possession, or district of the United States, or any private bank subject to
supervision and examination under the banking laws of any State of the United States, acting as
trustee of a trust created by gift, donation, or bequest and administered in the United States, in
which one or more persons who are designated nationals have an interest, beneficial or
otherwise, or are co-trustees, is hereby authorized to engage in the following transactions:
(1) Payments of distributive shares of principal or income to all persons legally entitled
thereto.
(2) Other transactions arising in the administration of such trust which might be engaged
in if no Cuban national were a beneficiary or co-trustee of such trust.
(b) This section does not authorize a trustee to engage in any other transaction at the
request, or upon the instructions, of any beneficiary or co-trustee of such trust or other person
who is a Cuban national.
Note to paragraph (b): See § 515.523 for a general license authorizing transactions
incident to the administration of decedents’ estates. See § 515.570(f)(1) for a general license
authorizing funds deposited in a blocked bank account in a banking institution as a result of
certain administration of decedents’ estates to be remitted to a national of Cuba.
* * * * *
12. Revise § 515.525 to read as follows:
§ 515.525 Certain transfers as a consequence of the existence or change of marital status
authorized.
Any transfer of any dower, curtesy, community property, or other interest of any nature
whatsoever, provided that such transfer arises solely as a consequence of the existence or change
of marital status, is authorized.
13. Amend § 515.533 by revising paragraph (d) to read as follows:
§ 515.533 Exportations from the United States to Cuba; reexportations of 100% U.S.-
origin items to Cuba; negotiation of executory contracts.
* * * * *
(d) General license for travel-related transactions incident to exportation or reexportation
of certain items. The travel-related transactions set forth in § 515.560(c) and such additional
transactions as are directly incident to the conduct of market research, commercial marketing,
sales negotiation, accompanied delivery, installation, or servicing in Cuba of items consistent
with the export or reexport licensing policy of the Department of Commerce are authorized,
provided that the traveler's schedule of activities does not include free time or recreation in
excess of that consistent with a full-time schedule.
* * * * *
14. Amend § 515.542 by revising paragraph (a), redesignating paragraphs (e), (f), (g), and (h) as
paragraphs (g), (h), (i), and (j), adding new paragraphs (e) and (f), and revising Notes 1 and 2 to
§ 515.542 to read as follows:
§ 515.542 Mail and telecommunications-related transactions.
(a) All transactions, including payments, incident to the receipt or transmission of mail
and parcels between the United States and Cuba are authorized, provided that the importation or
exportation of such mail and parcels is exempt from or authorized pursuant to this part.
* * * * *
(e) Persons subject to U.S. jurisdiction are authorized to enter into licensing agreements
related to services authorized by paragraphs (b) through (d) of this section, and to market such
services.
(f) Except for transactions prohibited by § 515.208, persons subject to U.S. jurisdiction
are authorized to engage in all transactions necessary to establish and maintain a business
presence in Cuba, including through subsidiaries, branches, offices, joint ventures, franchises,
and agency or other business relationships with any Cuban national, and to enter into all
29
necessary agreements or arrangements with such entity or individual, for the purpose of engaging
in the activities authorized in paragraphs (b) through (e) of this section.
* * * * *
Note 1 to § 515.542: For an authorization of travel-related transactions that are directly
incident to the conduct of market research, commercial marketing, sales negotiation,
accompanied delivery, installation, or servicing in Cuba of items consistent with the export or
reexport policy of the Department of Commerce, see § 515.533(d). For an authorization of
travel-related transactions that are directly incident to participation in professional meetings,
including where such meetings relate to telecommunications services or other activities
authorized by paragraphs (b) through (f) of this section, see § 515.564(a).
Note 2 to § 515.542: For a general license authorizing a physical presence in Cuba for
certain persons, see § 515.573. For an authorization of certain internet-related services, see
§ 515.578.
15. Revise § 515.544 to read as follows:
§ 515.544 Certain gifts sent to the United States.
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 (including as
accompanied or unaccompanied baggage); and the merchandise is not alcohol or tobacco
products.
Note to § 515.544: See § 515.533 for a general license authorizing transactions ordinarily
incident to exports of items from the United States that are licensed or otherwise authorized by
the Department of Commerce, which may include gifts sent to Cuba.
16. Revise § 515.548 to read as follows:
§ 515.548 Overflight payments, emergency landings, and air ambulance services
authorized.
(a) The receipt of, and payment of charges for, services rendered by Cuba or a Cuban
national in connection with overflights of Cuba or emergency landings in Cuba by aircraft
registered in the United States or owned or controlled by, or chartered to, persons subject to U.S.
jurisdiction are authorized.
(b) Persons subject to U.S. jurisdiction are authorized to engage in all transactions
necessary to provide air ambulance and related medical services, including medical evacuation
from Cuba, for individual travelers in Cuba, regardless of nationality or the purpose of the
individual’s travel to Cuba.
Note to paragraph (b): Persons providing air ambulance services authorized by
paragraph (b) are authorized to carry persons who are close relatives, as defined in § 515.539, of
the subject of the evacuation.
17. Amend § 515.550 by revising paragraphs (a), (c), and (d), adding a Note to paragraph (a),
removing the Note to paragraph (d), and adding paragraph (e) to read as follows:
§ 515.550 Certain vessel transactions authorized.
* * * * *
(a) Engaging or has engaged in trade with Cuba authorized pursuant to this part;
Note to paragraph (a): The authorization in this paragraph includes, for example, trade
with Cuba authorized pursuant to §§ 515.533, 515.559, or 515.582, or by specific license.
* * * * *
(c) Engaging or has engaged in the exportation or re-exportation to Cuba from a third
country of agricultural commodities, medicine, or medical devices that would be designated as
EAR99 under the Export Administration Regulations (15 CFR parts 730 through 774), if they
were located in the United States;
(d) 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 §515.565(a); or
(e) Carrying or has carried persons between the United States and Cuba or within Cuba
pursuant to the authorization in § 515.572(a)(2) or, in the case of a vessel used solely for
personal travel (and not transporting passengers), pursuant to a license or other authorization
issued by the Department of Commerce for the exportation or reexportation of the vessel to
Cuba.
18. Amend § 515.559 by revising paragraph (d) and Note 2 to § 515.559 to read as follows:
§ 515.559 Certain export and import transactions by U.S.-owned or -controlled foreign
firms.
* * * * *
(d) General license. Travel-related transactions set forth in § 515.560(c) and such other
transactions as are directly incident to market research, commercial marketing, sales negotiation,
accompanied delivery, installation, or servicing of exports that are consistent with the licensing
policy under paragraph (a) of this section are authorized, provided that the traveler’s schedule of
activities does not include free time or recreation in excess of that consistent with a full-time
schedule.
* * * * *
Note 2 to § 515.559: See § 515.585 for provisions related to certain transactions by
persons subject to U.S. jurisdiction with certain Cuban nationals in third countries.
19. Amend § 515.560 by revising paragraph (c)(4), adding paragraph (c)(6) and a Note to
paragraph (c)(6), and revising paragraph (d)(2) to read as follows:
§ 515.560 Travel-related transactions to, from, and within Cuba by persons subject to U.S.
jurisdiction.
* * * * *
(c) * * *
(4) Carrying remittances to Cuba. The carrying to Cuba of any remittances that the
licensed traveler is authorized to remit pursuant to § 515.570 is authorized, provided that no
emigration-related remittances authorized by § 515.570(e) are carried to Cuba unless a U.S.
immigration visa has been issued for each payee and the licensed traveler can produce the visa
recipients’ full names, dates of birth, visa numbers, and visa dates of issuance.
* * * * *
(6)(i) Opening and maintaining bank accounts. All transactions incident to the opening
and maintenance of accounts, including the deposit of funds in such accounts by wire transfer, at
a financial institution in Cuba are authorized, provided that such accounts are used only while the
traveler is located in Cuba and for the purpose of accessing funds in Cuba for transactions
authorized pursuant to, or exempt from, this part.
(ii) Closing bank accounts. All transactions incident to the closing of accounts opened
pursuant to the authorization in paragraph (c)(6)(i) of this section are authorized, provided that
any transfer of funds may only be effected by wire transfer to an account maintained at a
depository institution, as defined in § 515.533, that is a person subject to U.S. jurisdiction.
Note to paragraph (c)(6): Account(s) authorized by this general license may only be
accessed while the account holder is located in Cuba for travel authorized pursuant to this part.
The account(s) may not be accessed or utilized by the account holder unless the account holder is
located in Cuba and is engaging in authorized transactions. The account(s) may be maintained
but not accessed while the account holder is located outside of Cuba other than for the purpose of
funding or closing the bank account as authorized in paragraph (c)(6).
(d) * * *
(2) Funds received as remittances pursuant to § 515.570 by the Cuban national during his
or her stay in the United States; and
* * * * *
20. Amend § 515.561 by revising paragraph (a) to read as follows:
§ 515.561 Family visits.
(a) General license. Persons subject to the jurisdiction of the United States and persons
traveling with them who share a common dwelling as a family with them are authorized to
engage in the travel-related transactions set forth in § 515.560(c) and such additional transactions
as are directly incident to: visiting a close relative, as defined in § 515.339, who is a national of
Cuba or a person ordinarily resident in Cuba; or visiting a close relative located in Cuba or
accompanying a close relative 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) through (4) and (6) (educational activities), § 515.566 (religious
activities), § 515.575 (humanitarian projects), or § 515.576 (activities of private foundations or
research or educational institutes).
Note to paragraph (a): Each person relying on the general authorization in this
paragraph must retain specific records related to the authorized travel transactions. See
§§ 501.601 and 501.602 of this chapter for applicable recordkeeping and reporting requirements.
* * * * *
21. Amend § 515.565 by:
a. Revising the introductory text to paragraph (a);
b. Revising the Note to paragraph (a)(5);
c. Revising paragraph (a)(7);
d. Redesignating paragraphs (a)(8) and (9) as (a)(11) and (12);
e. Adding new paragraphs (a)(8), (9), and (10);
f. Revising newly redesignated paragraphs (a)(11) and (12);
g. Revising Notes 1 and 2 to paragraph (a); and
h. Adding Note 3 to paragraph (a) to read as follows:
§ 515.565 Educational activities.
(a) General license for educational activities. Persons subject to U.S. jurisdiction,
including U.S. academic institutions and their faculty, staff, and students, are authorized to
engage in transactions, including the travel-related transactions set forth in § 515.560(c), that are
related to the following activities:
* * * * *
Note to paragraph (a)(5): See § 515.571(a) for authorizations related to certain banking
transactions by 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.
* * * * *
(7) Sponsorship or co-sponsorship of non commercial academic seminars, conferences,
symposia, and workshops related to Cuba or global issues involving Cuba and attendance at such
events by faculty, staff, and students of a participating U.S. academic institution;
(8) Establishment of academic exchanges and joint non-commercial academic research
projects with universities or academic institutions in Cuba;
(9) Provision of standardized testing services, including professional certificate
examinations, university entrance examinations, and language examinations, and related
preparatory services for such exams, to Cuban nationals, wherever located;
(10) Provision of internet-based courses, including distance learning and Massive Open
Online Courses, to Cuban nationals, wherever located, provided that the course content is at the
undergraduate level or below; or
(11) The organization of, and preparation for, activities described in paragraphs (a)(1)
through (10) of this section by employees or contractors of the sponsoring organization that is a
person subject to U.S. jurisdiction;
(12) Facilitation by an organization that is a person subject to U.S. jurisdiction, or a
member of the staff of such an organization, of licensed educational activities in Cuba on behalf
of U.S. academic institutions or secondary schools, provided that:
(i) The organization is directly affiliated with one or more U.S. academic institutions or
secondary schools; and
(ii) The organization facilitates educational activities that meet the requirements of one or
more of the general licenses set forth in § 515.565(a)(1), (2), (3), and (6).
Note 1 to paragraph (a): See § 515.560(c)(6) for an authorization for individuals to
open and maintain accounts at Cuban financial institutions; see § 515.573 for an authorization
for entities conducting educational activities authorized by § 515.565(a) to establish a physical
presence in Cuba, including an authorization to open and maintain accounts at Cuban financial
institutions.
Note 2 to paragraph (a): The authorization in this paragraph extends to adjunct faculty
and part-time staff of U.S. academic institutions. A student enrolled in a U.S. academic
institution is authorized pursuant to § 515.565(a)(1) to participate in the academic activities in
Cuba described above through any sponsoring U.S. academic institution.
Note 3 to paragraph (a): The export or reexport to Cuba of goods (including software)
or technology subject to the Export Administration Regulations (15 CFR parts 730 through 774)
may require separate authorization from the Department of Commerce.
* * * * *
22. Amend § 515.566 by revising the Note to § 515.566 to read as follows:
§ 515.566 Religious activities in Cuba.
* * * * *
Note to § 515.566: See § 515.573 for an authorization permitting religious organizations
engaging in activities authorized pursuant to this section to establish a physical presence in Cuba,
including an authorization to open and maintain accounts at Cuban financial institutions.
23. Amend § 515.570 by revising paragraphs (b) and (f)(1), redesignating paragraph (h) as
paragraph (i), adding new paragraph (h), and revising Note 2 to § 515.570 to read as follows:
§ 515.570 Remittances.
* * * * *
(b) Donative remittances to Cuban nationals authorized. Persons subject to the
jurisdiction of the United States are authorized to make donative remittances to Cuban nationals,
provided that:
(1) The remittances are not made from a blocked source;
(2) The recipient is not a prohibited official of the Government of Cuba, as defined in
§ 515.337, or a prohibited member of the Cuban Communist Party, as defined in § 515.338;
(3) The remittances are not made for emigration-related purposes. Remittances for
emigration-related purposes are addressed by paragraph (e) of this section; and
(4) The remitter, if an individual, is 18 years of age or older.
* * * * *
(f) * * *
(1) Funds deposited in a blocked account in a banking institution, as defined in
§ 515.314, 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 policy or contract
holder may be remitted to that national of Cuba, provided that the remittances are not made for
emigration-related purposes. Remittances for emigration-related purposes are addressed by
paragraph (e) of this section .
* * * * *
(h) Unblocking of certain previously blocked remittances authorized. Banking
institutions, as defined in § 515.314, are authorized to engage in all transactions necessary to
unblock and return remittances if they would have qualified as authorized had they been sent
under current paragraph (b) of this section, provided that persons subject to U.S. jurisdiction
unblocking remittances originally blocked on or after August 25, 1997 pursuant to this section
must submit a report to the Department of the Treasury, Office of Foreign Assets Control, Attn:
Sanctions Compliance & Evaluation Division, 1500 Pennsylvania Avenue N.W.,
Annex,Washington, DC 20220 within 10 business days from the date such remittances are
released. Such reports shall include the following:
(1) Where available, a copy of the original blocking report filed with OFAC pursuant to §
501.603(b)(1) of this chapter.
(2) The date the unblocked remittance was released;
(3) The amount of funds unblocked;
(4) The name of the party to whom the remittance was released; and
42
(5) A reference to this section as the legal authority under which the remittance was
unblocked and returned.
* * * * *
Note 2 to § 515.570: For the rules relating to the carrying of remittances to Cuba, see §
515.560(c)(4). See § 515.572 for an authorization related to the collection, forwarding, or
receipt of certain remittances to or from Cuba.
24. Amend § 515.571 by revising the Note to paragraph (a)(5), redesignating paragraphs (b) and
(c) as paragraphs (c) and (d), adding new paragraph (b), and revising redesignated paragraph (c)
to read as follows:
§ 515.571 Certain transactions incident to travel to, from, and within the United States by
Cuban nationals.
* * * * *
Note to paragraph (a)(5): This paragraph authorizes depository institutions, as defined
in § 515.333, to open and maintain accounts solely in the name of a Cuban national who is
present in the United States in a non-immigrant status or pursuant to other non-immigrant travel
authorization for use while the Cuban national is located in the United States in such status, and
to close such accounts prior to departure. See § 515.571(b) for an authorization for depository
institutions to maintain accounts opened pursuant to this paragraph while the Cuban national is
located outside the United States.
* * * * *
(b) Maintenance of accounts opened pursuant to paragraph (a)(5) of this section while the
Cuban-national account holder is located outside the United States is authorized, provided that
the Cuban-national account holder may only access the account pursuant to paragraph (a)(5) of
this section when the Cuban-national account holder is lawfully present in the United States in a
non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S.
government.
(c) Payments and transfers of credit in the United States from blocked accounts in
domestic banking institutions held in the name of a Cuban national who is present in the United
States in a non-immigrant status or pursuant to other non-immigrant travel authorization issued
by the U.S. government to or upon the order of such Cuban national are authorized, provided that
such payments and transfers of credit are made only for the living, traveling, and similar personal
expenses in the United States of such Cuban national or his or her family, or other transactions
ordinarily incident to the Cuban national’s presence in the United States in a non-immigrant
status or pursuant to other non-immigrant travel authorization issued by the U.S. government.
* * * * *
25. Amend § 515.572 by revising paragraphs (a)(2) and (3), adding new paragraph (a)(4),
revising paragraph (c), and adding a new Note to § 515.572 to read as follows:
§ 515.572 Authorization to provide travel services, carrier services, and remittance
forwarding services.
(a) * * *
(2) Authorization to provide carrier services. Persons subject to U.S. jurisdiction are
authorized to provide carrier services, to, from, or within Cuba in connection with travel or
transportation between the United States and Cuba of persons, baggage, or cargo authorized
pursuant to this part.
* * * * *
(3) Authorization to provide remittance forwarding services. 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 this part.
(4) Authorization to provide lodging services. Persons subject to U.S. jurisdiction who
are providing carrier services by vessel authorized pursuant to paragraph (a)(2) of this section are
authorized to provide lodging services onboard such vessels to persons authorized to travel to or
from Cuba pursuant to this part during the period of time the vessel is traveling to, from, or
within Cuba, including when docked at a port in Cuba.
* * * * *
(c) Specific licenses. Specific licenses may be issued on a case-by-case basis authorizing
the provision of travel, carrier, or remittance-forwarding services other than those authorized by
paragraph (a) of this section.
Note to § 515.572: The following persons may be transported between the United States
and Cuba by a person authorized to provide carrier services:
(1) 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 § 515.560 or under a specific
license from the Office of Foreign Assets Control may be transported between the United States
and Cuba;
(2) 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;
(3) 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;
(4) Cuban nationals who have taken up residence in the United States and are licensed as
unblocked nationals pursuant to § 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 (1) above;
and
(5) 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
§ 515.339, accompanying the traveler—may be transported between the United States and Cuba.
26. Revise § 515.573 to read as follows:
§ 515.573 Physical presence in Cuba authorized; Cuban news bureaus.
(a) All transactions necessary to establish and maintain a physical presence in Cuba by
persons subject to U.S. jurisdiction to engage in transactions authorized pursuant to or exempt
from the prohibitions of this part that are identified in paragraph (b) of this section are
authorized, including the following:
(1) Leasing physical premises, including office, warehouse, classroom, or retail outlet
space, and securing related goods and services, including for use in and to pay fees related to the
operation of the physical premises;
(2) Marketing related to the physical presence;
(3) Employment of Cuban nationals in Cuba; and
(4) Employment of individuals who are persons subject to U.S. jurisdiction.
Note to paragraph (a)(4): Individuals who are employed pursuant to § 515.573(a)(4) are
authorized to engage in all transactions necessary to establish domicile in Cuba, including
accessing U.S. assets, for the duration of their employment.
(5)(i) Opening and maintaining bank accounts at Cuban financial institutions to engage in
authorized transactions. The opening and maintenance of accounts, including the deposit of
funds in such accounts by wire transfer, at a financial institution in Cuba, provided that such
accounts are used only for transactions authorized pursuant to, or exempt from, this part.
(ii) Closing bank accounts. The closing of an account opened pursuant to the
authorization in paragraph (a)(5)(i) of this section, provided that any transfer of funds may only
be effected by wire transfer to an account maintained at a depository institution, as defined in §
515.333, that is a person subject to U.S. jurisdiction.
Note to paragraph (a): Physical presence includes through a local representative,
including an employee or contractor.
(b) The following persons subject to U.S. jurisdiction may engage in the transactions
authorized pursuant to paragraph (a) of this section, provided that such transactions may only be
engaged in to support transactions authorized by or exempt from the prohibitions of this part:
(1) News bureaus whose primary purpose is the gathering and dissemination of news to
the general public authorized by paragraph (c) of this section;
(2) Exporters of goods authorized for export or reexport to Cuba by § 515.533 or
§ 515.559 or that are otherwise exempt;
(3) Entities providing mail or parcel transmission services authorized by § 515.542(a) or
providing cargo transportation services in connection with trade involving Cuba authorized by or
exempt from the prohibitions of this part;
(4) Providers of telecommunications services authorized by § 515.542(b) through (d) or
persons engaged in activities authorized by § 515.542(e);
(5) Entities organizing or conducting educational activities authorized by § 515.565(a);
(6) Religious organizations engaging in religious activities in Cuba authorized by
§ 515.566;
(7) Providers of travel and carrier services authorized by § 515.572; and
Note to paragraph (b)(7): This authorization does not allow persons subject to U.S.
jurisdiction to establish a physical presence in Cuba for the purpose of providing lodging
services in Cuba.
(8) Providers of services authorized by § 515.578.
(c) News bureaus. (1) All transactions in Cuba related to the gathering and dissemination
of news to the general public are authorized.
(2) Specific licenses may be issued authorizing transactions necessary for the
establishment and operation of news bureaus in the United States by Cuban organizations whose
primary purpose is the gathering and dissemination of news to the general public.
Note to § 515.573: The export or reexport to Cuba of items subject to the Export
Administration Regulations (15 CFR parts 730 through 774) may require separate authorization
from the Department of Commerce.
27. Amend § 515.575 by revising paragraph (b) to read as follows:
§ 515.575 Humanitarian projects.
* * * * *
(b) Authorized humanitarian projects. The following projects are authorized by paragraph
(a) of this section: medical and health-related projects; construction projects intended to benefit
legitimately independent civil society groups; disaster relief; 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 §
515.208; and projects to meet basic human needs.
* * * * *
28. Amend § 515.578 by revising the section heading and paragraphs (a)(2), (a)(4), and (b)(1),
redesignating paragraph (c) as paragraph (f), and adding new paragraphs (c), (d), and (e) to read
as follows:
§ 515.578 Exportation, reexportation, and importation of certain internet-based services;
importation of certain software.
(a) * * *
(2) Services related to certain exportations and reexportations. To the extent not
authorized by paragraph (a)(1) of this section or by § 515.533, the exportation or reexportation of
services, including software design, business consulting, and information technology
management services (including cloud storage), that are related to the following items, or of
services to install, repair, or replace such items, and training related to installation, repair, or
replacement of such items:
(i) Items subject to the Export Administration Regulations (15 CFR part 730 through
774) (EAR). Items exported or reexported to Cuba pursuant to 15 CFR 740.19 (License
Exception Consumer Communication Devices (License Exception CCD)), pursuant to 15 CFR
740.21(d)(4) (paragraph (d)(4) of License Exception Support for the Cuban People (License
Exception SCP)), or pursuant to an individual license issued by the Department of Commerce
for the export of other consumer communication devices that fall outside License Exception
CCD or commodities or software used to develop software that fall outside paragraph (d)(4) of
License Exception SCP;
(ii) Items not subject to the EAR because they are of foreign origin and are located
outside the United States. Items that are of a type described in License Exception CCD provided
that the items would be designated EAR99 if they were located in the United States or would
meet the criteria for classification under the relevant ECCN specified in License Exception CCD
if they were subject to the EAR or items of a type described in paragraph (d)(4) of License
Exception SCP, provided that the items would be designated EAR99 or controlled on the
Commerce Control List for anti-terrorism reasons only if they were located in the United States;
and
(iii) Software not subject to the EAR because it is described in 15 CFR 734.3(b)(3).
Software not subject to the EAR because it is described in 15 CFR 734.3(b)(3) that is exported,
reexported, or provided, directly or indirectly, by a person subject to U.S. jurisdiction to Cuba
and that is of a type described in License Exception CCD or paragraph (d)(4) of License
Exception SCP.
* * * * *
(4) Exportation, reexportation, or provision of certain internet-based services to certain
end-users. (i) The exportation or reexportation, directly or indirectly, from the United States or
by persons subject to U.S. jurisdiction, to a prohibited official of the Government of Cuba, as
defined in § 515.337, or a prohibited member of the Cuban Communist Party, as defined in §
515.338, of services described in paragraphs (a)(1) or (2) of this section provided that such
services are widely available to the public at no cost to the user.
(ii) The exportation or reexportation, directly or indirectly, from the United States or by
persons subject to U.S. jurisdiction, to organizations administered or controlled by the
Government of Cuba or the Cuban Communist Party of the following services:
(A) Services described in paragraph (a)(1) of this section, and
(B) Services described in paragraph (a)(2) of this section provided that such services are
widely available to the public at no cost to the user.
* * * * *
(b) * * *
(1) 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 § 515.337, or a prohibited member of the Cuban Communist Party, as
defined in § 515.338, or to organizations administered or controlled by the Government of Cuba
or the Cuban Communist Party, except as specified in paragraph (a)(4) of this section.
* * * * *
(c) Licensing and marketing. Persons subject to U.S. jurisdiction are authorized to enter
into licensing agreements related to services authorized by paragraph (a) of this section, and to
market such services.
(d) Subsidiaries, joint ventures, and other business arrangements. Except for
transactions prohibited by § 515.208, persons subject to U.S. jurisdiction are authorized to
engage in all transactions necessary to establish and maintain a business presence in Cuba,
including through subsidiaries, branches, offices, joint ventures, franchises, and agency or other
business relationships with any Cuban national, and to enter into all necessary agreements or
arrangements with such entity or individual, for the purpose of engaging in the activities
authorized by paragraph (a) or (c) of this section.
(e) Mobile applications. (1) The importation into the United States of Cuban-origin
mobile applications is authorized.
Note to paragraph (e)(1): This paragraph does not authorize U.S.-owned or -controlled
firms in third countries to import goods of Cuban origin into the authorized trade zone. See
§ 515.559.
(2) The employment of Cuban nationals to develop mobile applications is authorized.
* * * * *
§ 515.582 [Amended]
29. Amend § 515.582 by removing Note 1 to § 515.582 and redesignating Note 2 to § 515.582
as Note 1 to § 515.582.
30. Amend § 515.584 by adding paragraph (e) to read as follows:
§ 515.584 Certain financial transactions involving Cuba.
* * * * *
(e) Unblocking of certain previously blocked funds transfers authorized. Any depository
institution, as defined in § 515.533, that is a person subject to U.S. jurisdiction is authorized to
unblock and return to the originator or originating financial institution or their successor-ininterest
previously blocked funds transfers that could have been rejected or processed pursuant to
paragraphs (d)(1) or (2) of this section, § 515.562(b), or § 515.579(b) if the rejection or
processing of those transfers would have been authorized had they been sent under the current
text of those provisions, provided that persons subject to U.S. jurisdiction unblocking funds
transfers originally blocked on or after August 25, 1997, pursuant to this section must submit a
report to the Department of the Treasury, Office of Foreign Assets Control, Attn: Sanctions
Compliance & Evaluation Division, 1500 Pennsylvania Avenue N.W., Annex, Washington, DC
20220 within 10 business days from the date such funds transfers are released. Such reports
shall include the following:
(1) Where available, a copy of the original blocking report filed with OFAC pursuant to §
501.603(b)(1) of this chapter.
(2) The date the unblocked funds transfer was released;
(3) The amount of funds unblocked;
(4) The name of the party to whom the funds were released; and
(5) A reference to this section as the legal authority under which the funds transfer was
unblocked and returned.
31. Amend § 515.585 by revising the section heading, designating the undesignated paragraph as
paragraph (a), revising newly designated paragraph (a), and adding paragraph (b) to read as
follows:
§ 515.585 Certain transactions with certain Cuban nationals in third countries.
(a) Persons subject to U.S. jurisdiction are authorized to provide goods and services to a
Cuban national located in a third country 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.
(b)(1) Opening and maintaining bank accounts. Banking institutions, as defined in
§ 515.314, are authorized to open and maintain accounts, including the deposit of funds in such
accounts by wire transfer, for a Cuban national located in a third country who is an individual,
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.
(2) Closing bank accounts. Banking institutions, as defined in § 515.314, are authorized
to close an account opened pursuant to the authorization in paragraph (b)(1) of this section.
* * * * *
32. Amend § 515.586 by revising paragraph (c) to read as follows:
§ 515.586 Cuban official missions in the United States.
* * * * *
(c) Depository institutions, as defined in § 515.333, are authorized to operate accounts
for, extend credit to, and process funds transfers on behalf of the official missions of the
Government of Cuba to the United States, and the official missions of the Government of Cuba
to international organizations in the United States, and employees thereof, subject to the
limitations in paragraphs (a) and (b) of this section and provided that any depository institution
making use of the authorization in this section must submit a report to the Department of the
Treasury, Office of Foreign Assets Control, Attn: Sanctions Compliance & Evaluation Division,
1500 Pennsylvania Ave N.W., Annex, Washington, DC 20220, no later than 30 days following
the establishment of the account. Such report shall include the name and address of the
depository institution, the name of the account holder, and the account number.
33. Add § 515.587 to subpart E to read as follows:
§ 515.587 Remittances from Cuban nationals to persons subject to U.S. jurisdiction.
Persons subject to U.S. jurisdiction are authorized to receive remittances in the United
States from Cuban nationals, wherever located, provided that the remitter is not a prohibited
official of the Government of Cuba, as defined in § 515.337, or a prohibited member of the
Cuban Communist Party, as defined in § 515.338.
Note to § 515.587: See § 515.572 for an authorization to provide services related to the
receipt of remittances authorized by this section.
34. Add § 515.588 to subpart E to read as follows:
§ 515.588 Certain Cuban legal services authorized.
(a) All transactions, including payments, ordinarily incident to receipt of the following
legal services from Cuba or from a Cuban national are authorized: legal advice and counseling
on the requirements of and compliance with the laws of Cuba or any jurisdiction within Cuba,
provided that such advice and counseling relate to transactions authorized by or exempt from the
prohibitions of this part.
(b) The receipt of any other legal services from Cuba or a Cuban national, not otherwise
authorized in this part, requires the issuance of a specific license.
35. Add § 515.589 to subpart E to read as follows:
§ 515.589 Authorization of emergency medical services.
The provision of nonscheduled emergency medical services in the United States to Cuban
nationals is authorized.
Dated: September 16, 2015
__________________________
John E. Smith,
Acting Director, Office of Foreign Assets Control
BILLING CODE 4810-AL
[FR Doc. 2015-23587 Filed: 9/18/2015 08:45 am; Publication Date: 9/21/2015]

No comments: