- 1 -
government. The CDA specifically provides that payments to Cuba
involving telecommunications may be made pursuant to specific license.
In the mid-1970s, Section 515.559 was added to the Regulations to allow
OFAC to license foreign subsidiaries of U.S. firms to conduct trade in
commodities with Cuba so long as several specific criteria were met.
Section 1706(a) of the CDA, however, prohibits the issuance of a license
that would have been issued pursuant to § 515.559, except where a
contract was entered into prior to enactment of the CDA or where the
exports at issue are medicines or medical supplies.
Unless otherwise authorized, no vessel carrying goods or passengers to
or from Cuba or carrying goods in which Cuba or a Cuban national has
any interest may enter a U.S. port. The prohibition also applies to vessels
which enter only to take on fuel and supplies (bunker), whether from U.S.
fuel providers within the port limits or at offshore points, as well as vessels
discharging or loading merchandise offshore, by lighter or otherwise. In
addition, vessels which enter a port or place in Cuba to engage in the
trade of goods or services are prohibited from loading or unloading any
freight at any place in the U.S. for 180 days. Prohibited entry does not
apply to vessels engaging solely in trade with Cuba authorized by license
or exempt from the Regulations (e.g., vessels carrying authorized
exports of agricultural products or donations of food to nongovernmental
organizations or individuals).
!
!!government. The CDA specifically provides that payments to Cuba
involving telecommunications may be made pursuant to specific license.
In the mid-1970s, Section 515.559 was added to the Regulations to allow
OFAC to license foreign subsidiaries of U.S. firms to conduct trade in
commodities with Cuba so long as several specific criteria were met.
Section 1706(a) of the CDA, however, prohibits the issuance of a license
that would have been issued pursuant to § 515.559, except where a
contract was entered into prior to enactment of the CDA or where the
exports at issue are medicines or medical supplies.
Unless otherwise authorized, no vessel carrying goods or passengers to
or from Cuba or carrying goods in which Cuba or a Cuban national has
any interest may enter a U.S. port. The prohibition also applies to vessels
which enter only to take on fuel and supplies (bunker), whether from U.S.
fuel providers within the port limits or at offshore points, as well as vessels
discharging or loading merchandise offshore, by lighter or otherwise. In
addition, vessels which enter a port or place in Cuba to engage in the
trade of goods or services are prohibited from loading or unloading any
freight at any place in the U.S. for 180 days. Prohibited entry does not
apply to vessels engaging solely in trade with Cuba authorized by license
or exempt from the Regulations (e.g., vessels carrying authorized
exports of agricultural products or donations of food to nongovernmental
organizations or individuals).
!
!!
IMPORTING CUBAN-ORIGIN GOODS OR SERVICES - Goods or
services of Cuban origin may not be imported into the United States either
directly or through third countries, such as Canada or Mexico. The only
exceptions are publications, artwork, or other informational materials.
!
!!
!!
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. jurisdic-
tion (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 - 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
CUBA
Off
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What You Need To Know About The U.S. Embargo
!
!!
!! INTRODUCTION - The Cuban Assets Control Regulations, 31 CFR
Part 515 (the “Regulations”) were issued by the U.S. Government on 8
July 1963 under the Trading With the Enemy Act in response to certain
hostile actions by the Cuban government. They are still in force today and
affect all U.S. citizens and permanent residents wherever they are
located, all people and organizations physically in the United States, and
all branches and subsidiaries of U.S. organizations throughout the world.
The Regulations are administered by the U.S. Treasury Department's
Office of Foreign Assets Control. The basic goal of the sanctions is to
isolate the Cuban government economically and deprive it of U.S. dollars.
Criminal penalties for violating the sanctions range up to 10 years in
prison, $1,000,000 in corporate fines, and $250,000 in individual fines.
Civil penalties up to $55,000 per violation may also be imposed. Please
note that the Regulations require those dealing with Cuba to maintain
records and, upon request from the U.S. Treasury Department, to
furnish information regarding such dealings.
!
!!
!! EXPORTING TO CUBA - Except for publications, other informational
materials (such as CDs and works of art), certain donated food, and
certain goods licensed for export or re-export by the U.S. Department of
Commerce (such as medicine and medical supplies, food, and agricul-
tural commodities), no products, technology, or services may be ex-
ported from the United States to Cuba, either directly or through third
countries, such as Canada or Mexico. This prohibition includes dealing in
or assisting the sale of goods or commodities to or from Cuba, even if
done entirely offshore. Such brokering is considered to be dealing in
property in which Cuba has an interest. Provision of consulting services
is also prohibited. Thus, no U.S. citizen or permanent resident alien,
wherever located, and no foreign subsidiary or branch of a U.S. organi-
zation may export products, technology, or services to Cuba or to any
Cuban national, wherever they may be located, or broker the sale of
goods or commodities to or from Cuba or any Cuban national.
Pursuant to provisions of the Cuban Democracy Act of 1992 (the "CDA")
and the Trade Sanctions and Export Enhancement Act of 2000 (the
"TSRA"), the Commerce Department authorizes the sale and export or
re-export of medicine and medical supplies, food and agricultural com-
modities to Cuba. Those interested in engaging in such exports or re-
exports must first obtain authorization from the Commerce Department's
Bureau of Export Administration. All licensed sales may be financed by
cash in advance or by third-country banks that are not Specially Desig-
nated Nationals. Foreign subsidiaries of U.S. banks are authorized to
directly finance licensed sales of agricultural products. All U.S. banks may
advise or confirm any of the above.
Section 1705(b) of the CDA provides for donations of food to indepen-
dent non-governmental organizations or individuals in Cuba. Shipments
of food can be donated to non-governmental organizations from the U.S.
or from third countries without the need for a license from the U.S.
An overview of the Cuban Assets Control Regulations
Title 31 Part 515 of the U.S. Code of Federal Regulations
- 2 -
“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 engag-
ing 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 or civil monetary penalties.
!
!!
!!
ACCOUNTS AND 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.
! SENDING GIFTS - Gift parcels may be sent or carried by an authorized
traveler to an individual or to a religious, charitable, or educational
organization in Cuba for the use of the recipient or of the recipient's
immediate family (and not for resale), subject to the following limitations:
the combined total domestic retail value of all items in the parcel must not
exceed $200 (with the exception of donations of food, which are not so
restricted); not more than one parcel may be sent or given by the same
person in the U.S. to the same recipient in Cuba in any one calendar
month; and the content must be limited to food, vitamins, seeds, medi-
cines, medical supplies and devices, hospital supplies and equipment,
equipment for the handicapped, clothing, personal hygiene items, veteri-
nary medicines and supplies, fishing equipment and supplies, soap-making
equipment, or certain radio equipment and batteries for such equipment.
Organizations that consolidate and send multiple gift parcels in single
shipments must obtain a validated license from the U.S. Department of
Commerce. Each gift parcel in the single shipment must meet commodity,
dollar-value, and frequency limitations. If a parcel being shipped or
carried to Cuba fails to meet these standards, it is subject to seizure by
the U.S. Government.
!
!!
!! CUBA-RELATED TRAVEL TRANSACTIONS - Only persons whose
travel falls into the categories discussed below may be authorized to
spend money related to travel to, from, or within Cuba. Persons traveling
to Cuba to visit immediate family members* pursuant to a specific license
may spend no more than $50 per day on non-transportation-related
expenses in Cuba, and up to an additional $50 per trip to pay for
transportation-related expenses in Cuba. 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 pur-
chases 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
<
elers may also spend additional money for transactions directly related to
the activities for which they received their license. For example, journalists
traveling in Cuba under the journalism general license (described below)
may spend money over and above the current per diem for extensive
local transportation, the hiring of cable layers, and other costs that are
directly related to covering a story in Cuba. Purchases of services
unrelated to travel or a licensed activity, such as non-emergency medical
services, are prohibited. The purchase of publications and other informa-
tional materials is not restricted.
!
!
!
!
! WHO CAN GO - The following travelers are authorized, under
OFAC general license, to engage in travel transactions while in Cuba:
• Journalists and supporting broadcasting or technical 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.
• Full-time professionals whose travel transactions are directly
related to attendance at professional meetings or conferences
in Cuba organized by an international professional organization,
institution, or association hat regularly sponsors such meetings
or conferences in other countries. The organization, institution,
or association sponsoring the meeting or conference may not
be headquartered in the United States unless it has been
specifically licensed to sponsor the meeting. The purpose of
the meeting or conference cannot be the promotion of tourism
in Cuba or other commercial activities involving Cuba, or to
foster production of any bio-technological products.
• Travelers who have received specific licenses from OFAC prior to
going. Specific licenses are described below.
Specific licenses to visit immediate family members* in Cuba:
OFAC may issue specific licenses authorizing travel-related transactions
incident to one visit lasting no more than 14 days to immediate family
members* who are nationals of Cuba per three-year period. For those
who emigrated to the United States from Cuba, and have not since that
time visited a family member in Cuba, the three year period will be
counted from the date they left Cuba. For all others, the three year period
will be counted from the date they last left Cuba pursuant to the pre-
existing family visit general license, or from the date their family visit
specific license was issued. Travelers wishing to visit an immediate family
member in Cuba who is authorized to be in Cuba but not a national of
Cuba may be granted a specific license in exigent circumstances provided
that the U.S. Interests Section in Havana concurs in the issuance of such
a license. Applications for these specific licenses should be mailed to
OFAC's Miami Office at:
Office of Foreign Assets Control
U.S. Department of Treasury
P.O. Box 229008
Miami, FL 33122-9008
*a "member of the immediate family" is defined as a spouse, child,
grandchild, parent, grandparent, or sibling of the traveler of that
traveler's spouse, as well as any spouse, widow or widower of any of
the foregoing.
- 3 -
Specific licenses for educational institutions: 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 transac-
tions incident to the following activities without seeking further authoriza-
tion 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 toengage 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 theinstitution, 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 anacademic 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.
Status of current educational institution licenses: Licensed
educational institutions that have already planned Cuba trips that will not
meet the new requirements issued in June 2004 may still engage in all
transactions incident to such trips provided that the trips and all associ-
ated transactions are completed by August 15, 2004.
Specific licenses for religious organizations: Specific licenses
may be issued by OFAC to religious organizations to authorize individuals
affiliated with the organization to engage in travel transactions under the
auspices of the religious organization. Applications by religious organiza-
tions for such licenses should include examples of the religious activities
to be undertaken in Cuba. All individuals traveling pursuant to a religious
organization's license must carry with them a letter from the licensed
organization citing the number of the license and confirming that they are
affiliated with the organization and that they are traveling to Cuba to
engage in religious activities under the auspices of the organization.
Other specific licenses: Specific licenses may be issued by the Office
of Foreign Assets Control on a case-by-case basis authorizing travel
transactions by the following categories of persons in connection with the
following activities:
• Humanitarian Projects and Support for the Cuban people - 1)
Persons traveling in connection with activities that are intended
to provide support for the Cuban people, such as activities of
recognized human rights organizations; 2) Persons whose travel
transactions are directly related to certain humanitarian projects in
or related to Cuba that are designed to directly benefit the Cuban
people. Licenses authorizing transactions for multiple trips over
an extended period of time are available.
• Free-Lance Journalism - Persons with a suitable record of
publicationwho are traveling to Cuba to do research for a free-
lance article. Licenses authorizing transactions for multiple trips
over an extended period of time are available for applicants
demonstrating a significant record of free-lance journalism.
• Professional Research and Professional Meetings - Persons
traveling to Cuba to do professional research or to attend a
professional meeting that does not meet the requirements of the
relevant general license (described above). Licenses authorizing
transactions for multiple trips over an extended period of time are
available.
• Religious Activities - Persons traveling to Cuba to engage in
religious activities that are not authorized pursuant to a religious
organization’s specific license. Licenses authorizing transactions
for multiple trips over an extended period of time are available.
• Public Performances, Athletic or Other Competitions, and
Exhibitions - Persons traveling to participate in a public
performance, athletic or other competition (that does not meet
the requirements of the specific license described below), or
exhibition. The event must be open for attendance, and in
relevant situations participation, by the Cuban public, and all
profits from the event after costs must be donated to an
independent nongovernmental organization in Cuba or a U.S.-
based charity, with the objective, to the extent possible, of
benefitting the Cuban people.
• Amateur or semi-professional athletes or teams traveling to
participatein Cuba in an athletic competition held under the
auspices of the relevant international sports federation. The
athletes must have been selected for the competition by the
relevant U.S. sports federation, and the competition must be one
that is open for attendance, and in relevant situations
participation, by the Cuban public.
• Activities of Private Foundations or Research or Educational
Institutions- Persons traveling to Cuba on behalf of private
foundations or research or educational institutes that have an
established interest in international relations to collect information
related to Cuba for noncommercial purposes. Licenses authorizing
transactions for multiple trips over an extended period of time are
available.
• Exportation, Importation, or Transmission of Information or
Informational Materials - Persons traveling to engage in activities
directly related to the exportation, importation, or transmission of
information or informational materials.
• Licensed Exportation - Persons traveling to Cuba to engage in
activities directly related to marketing, sales negotiation,
accompanied delivery,or servicing of exports of health care
products or other exports that may be considered for authorization
under existing Department of Commerce regulations and
guidelines with respect to Cuba or engaged in by U.S.-owned or -
controlled foreign firms.
Applying for a specific license: Except with regard to applications
pertaining to family travel and the provision of travel, carrier and remit-
tance 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. Appli-
cations for transactions referenced above should be submitted directly to
OFAC's Miami office.
- 4 -
Provision of travel services: 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: Unless otherwise ex-
empted or authorized, any person subject to U.S. jurisdiction who
engages in any travel-related transaction in Cuba violates the Regula-
tions.
! EXPORTATION OF ACCOMPANIED BAGGAGE - Authorized travel-
ers 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 - 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.
! VESSELS - All persons on board vessels, including the owner, must
be authorized travelers, as listed above, to engage in travel-related
transactions in Cuba. If you are not an authorized traveler, you may not
purchase meals, pay for transportation, lodging, dockage or mooring
fees, cruising fees, visas, entry or exit fees and you may not bring any
Cuban origin goods back to the United States. Any payment to the
Marina Hemingway International Yacht Club is considered a prohibited
payment to a Cuban national and therefore in violation of the Regula-
tions. Vessel owners are prohibited from carrying passengers to Cuba
because OFAC does not authorize vessel owners as service providers.
! EMERGENCIES - In case of emergencies requiring financial transac-
tions such as emergency repair of vessels or medical treatment, travelers
are urged to contact OFAC at 202/622-2480 to discuss necessary
authorizations.
! HUMANITARIAN DONATIONS - There is a joint OFAC and
Commerce Department ("USDOC") administration over export of gift
parcels and humanitarian goods to Cuba to meet basic human needs.
If an export is licensed by USDOC, OFAC authorizes certain financial
and other transactions related to that export. [See part 746 of the
USDOC's Export Administration Regulations (15 C.F.R. Chapter 7),
which are available on-line at http://w3.access.gpo.gov/bis/ear/
ear_date.html, for relevant USDOC regulations]. Please note that
travel-related transactions incident to humanitarian donations must be
separately licensed by OFAC.
! SENDING OR CARRYING MONEY TO CUBA - U.S. persons aged 18
or older may send to members of the remitter's immediate family in Cuba
or to a Cuban national in a third country "family" cash remittances of up
to $300 per household in any consecutive three-month period, provided
that no member of the household is a prohibited official of the Govern-
ment of Cuba or a prohibited member of the Cuban Communist Party.*
No more than a combined total of $300 of family remittances may be sent
by a remitter to any one household in any consecutive three-month
period, regardless of the number of members of the remitter's immediate
family residing in that household. A license traveler may carry up to $300
of his own family remittances to Cuba.
U.S. persons also may send up to $1,000 per payee on a one-time basis
as an “emigration-related” remittance to a Cuban national to enable the
payee to emigrate from Cuba to the United States. Specifically, up to
$500 may be remitted to a Cuban national prior to the payee's receipt of
a valid U.S. visa or other U.S. immigration document, and up to $500 may
be remitted to the Cuban national after the payee receives a valid U.S.
visa or other U.S. immigration document. A licensed traveler may only
carry immigration remittances to Cuba if the visa has already been
issued.
Remittances must be transferred through an OFAC-licensed depository
institution or remittance forwarder. These OFAC-licensed entities origi-
nating transfers on behalf of non-aggregating customers must obtain an
affidavit from the remitter certifying that each family remittance does not
exceed $300 in any consecutive three month period and that each
emigration-related remittance meets the requirements of the Regula-
tions (see TDF 90-22.52 on last page of brochure). Remitters can expect
to have their identity, date of birth, address, and telephone number
verified.
Specific licenses may be issued on a case-by-case basis authorizing
remittances:
• to independent nongovernmental organizations in Cuba;
• to households of Cuban nationals living outside of Cuba in excess
of $300 per quarter from blocked accounts; or
• to individuals in Cuba to facilitate their non-immigrant travel to the
United States under circumstances where humanitarian need is
demonstrated, including illness or medical emergency.
!
!!
!!
FAIR BUSINESS PRACTICES - Anyone authorized by the U.S.
Department of the Treasury to provide Cuban travel services or services
in connection with sending money to Cuba is prohibited from participating
in discriminatory practices of the Cuban government against individuals
or particular classes of travelers. The assessment of consular fees by the
Cuban government, which are applicable worldwide, is not considered to
be a discriminatory practice. However, requiring the purchase of services
not desired by the traveler is not permitted. Persons wishing to provide
information on such activities should call 305/810-5170. All information
regarding arbitrary fees, payments for unauthorized purposes, or other
possible violations furnished to the U.S. Treasury Department will be
handled confidentially.
!
!!
!! ESTATES AND SAFE DEPOSIT BOXES - An estate becomes blocked
whenever a Cuban national is an heir or is the deceased; money from a
life insurance policy is blocked whenever the deceased is a Cuban
resident. The heir of a person who died in Cuba, or the beneficiary of a
life insurance policy of a person who died in Cuba, may apply for a license
from the Office of Foreign Assets Control to unblock the estate or
insurance proceeds. Persons administering or interested in a blocked
estate should contact the Office of Foreign Assets Control at 202/
622-2480 for more information. A safe-deposit box is blocked whenever
a Cuban has an interest in the property contained in the box. Access to
* The term “prohibited official of the Government of Cuba” means: Ministers and Vice-ministers, members of the Council of State, and the Council of Ministers;
members and employees of the National Assembly of People’s Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense
of the Revolution; Director Generals and sub-Director Generals and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior
(MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the Confederation of Labor of Cuba (CTC) and its component unions;
chief editors, editors and deputy editors of Cuban state-run media organizations and programs, including newspapers, television, and radio; and members and
employees of the Supreme Court (Tribuno Supremo Nacional). The term “prohibited members of the Cuban Communist Party” means: members of the Politburo;
the Central Committee; Department Heads of the Central Committee; employees of the Central Committee; and secretary and first secretary of the provincial Party
central committees.
- 5 -
a blocked safe deposit box for inventory purposes may be granted under
certain conditions, but the contents of the box remain blocked and may not
be removed without the permission of the Office of Foreign Assets
Control. Authorized remittances may be made from blocked estates.
!
!!
!! PAYMENTS FOR OVERFLIGHTS - Private and commercial aviators
must obtain a specific license authorizing payments for overflight charges
to Cuba. Banks will ask to see the originals of such licenses before
executing transfers and keep a copy for their files.
If you have information regarding possible violations of the Cuban Assets
Control Regulations, please call the Office of Foreign Assets Control at
305/810-5170. Your call will be handled confidentially.
This document is explanatory only and does not have the force of law. The Executive Order and implementing regulations to be issued pertaining to
Cuba contain the legally binding provisions governing the sanctions. This document does not supplement or modify the Executive Order or regula-
tions from a legal perspective.
The Treasury Department's Office of Foreign Assets Control administers sanctions programs involving Libya, Iraq, Cuba, Liberia, North Korea, Iran,
Syria, Sudan, Burma (Myanmar), targets in the Western Balkans and Zimbabwe, diamond trading, designated international narcotics traffickers,
international terrorists, Foreign Terrorist Organizations, and the Weapons of Mass Destruction Trade Control Regulations or the Highly Enriched
Uranium (HEU) Agreement Assets Control Regulations. For additional information about these programs, please contact the:
OFFICE OF FOREIGN ASSETS CONTROL
U.S. Department of the Treasury
1500 Pennsylvania Avenue, N.W. - Annex 2
Washington, D.C. 20220
<
202/622-2520
July 2004
CUBA REMITTANCE AFFIDAVIT
This affidavit is to be completed by the remitter, pursuant to the Cuban Assets Control Regulations, 31 CFR Part 515, under the Trading with the Enemy Act, 50
U.S.C. App. 1-44, the Cuban Democracy Act of 1992 (22 U.S.C. 6001-6010), and the Cuban Liberty and Democratic Solidarity Act, 22 U.S.C. 6021-91. It is to be
submitted to the remittance service provider and kept on file for five years, subject to audit by the U.S. Department of the Treasury.
Esta declaración jurada tiene que ser llenada por el remitente, en conformidad con el “Control y Regulaciones de Bienes Cubanos,” 31 CFR Parte 515, bajo la
“Ley Sobre Comercio con el Enemigo,” 50 U.S.C. App. 1-44, y bajo la “Ley Relativa a Cuba Sobre la Libertad y la Solidaridad Democrática,” 22 U.S.C. 6021-91. Dicha
Declaración jurada debe ser presentada a la agencia remitente y mantenerse en los archivos por cinco años y esta sujeta a auditoría por el Departamento del Tesoro de los EE.UU.
I, , DECLARE AND
(Print name)
STATE THAT THE FOLLOWING IS TRUE AND ACCURATE TO THE BEST
OF MY KNOWLEDGE:
EMIGRATION REMITTANCE
1. I understand that I may send up to $1000 per payee to enable the payee to
emigrate to the United States. Only one remittance of no more than $500 may
be sent before the payee has received a valid visa from the U.S. State Department.
I certify that my total emigration remittance to this payee will not be greater
than $1000.
Name of Payee Date of Birth
2. I am sending more than $500, OR I have already sent a pre-visa emigration
remittance to this payee. I certify that the payee has received an immigration
visa from the U.S. State Department as follows:
Number of Payee’s Visa Issue Date
FAMILY HOUSEHOLD REMITTANCE
I understand that I may send up to $300 per payee’s household in a 3-month
period to myself, my spouse, or my or my spouse’s child, grandchild, parent,
grandparent, or sibling, or the spouse, widow, or widower of any of the foregoing,
provided that no member of that household is a prohibited official of the
Government of Cuba or a prohibited member of the Cuban Communist Party.*
The total combined amount of Family Household Remittances I send may not
exceed $300 per payee’s household in a 3-month period. I certify that I am 18 or
older, that no member of the payee’s household is a prohibited official of the
Government of Cuba or a prohibited member of the Cuban Communist Party, and
that this payment will not exceed the limit of $300 per payee’s household in a 3-
month period.
Name of Payee:
My Relation to Payee:
Payee’s Address:
YO, , DECLARO, Y
(Su nombre en letra de molde)
AFIRMO QUE, A MI CONOCIMIENTO, LO SIGUIENTE ES
VERIDICO Y CORRECTO:
REMESA DE INMIGRACION
1. Entiendo que yo puedo enviar hasta US$1000 por beneficiario para
ayudarle a emigrar a los EE.UU. Solo una de estas remesas de no más de
$500 puede ser enviada antes de que el beneficiario haya recibido una visa
valida del Departamento del Estado de los EE.UU. Yo afirmo que el total de
las remesas de emigración a este beneficiario no será mayor de US$1000.
Nombre del beneficiario Fecha de Nacimiento
2. Estoy enviando mas de US$500, o ya he enviado una remesa de
emigración pre-visa a este beneficiario. Yo afirmo que el beneficiario ha
recibido del Departamento del Estado de los Estados Unidos la visa de
inmigración suiguiente:
Número de Visa del beneficiario Fecha de Visa
REMESA FAMILIAR
Entiendo que puedo enviar hasta US$300 por hogar beneficiario en un
período de tres meses a mi mismo o a mi esposo(a), hijo(a), nieto(a),
madre, padre, abuelo(a) o hermano(a), o a la viuda, el viudo, la esposa o el
esposo de cualquier de los precedentes dado que ningún miembro del hogar
del beneficiario sea oficial prohibido del Gobierno Cubano o un oficial
prohibido del Partido Comunista Cubano (PCC).* La cantidad total de
Remesas Familiar combinadas que envío no debe exceder US$300 por hogar
beneficiario en un período de tres meses. Yo afirmo que soy mayor de 18
años y que ningún miembro del hogar del beneficiario sea oficial prohibido
del Gobierno Cubano o un oficial prohibido del Partido Comunista Cubano
y que este pago no excederá el límite de US$300 por hogar beneficiario en
un período de tres meses.
Nombre del Beneficiario:
Parentesco con el Beneficiario
Dirección del Beneficiario:
*The term “prohibited official of the Government of Cuba” includes: Ministers and Vice-ministers, members of the Council of State, and the Council of Ministers; members and employees of the
National Assembly of People’s Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense of the Revolution; Director Generals and sub-Director Generals
and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior (MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the
Confederation of Labor of Cuba (CTC) and its component unions; chief editors, editors and deputy editors of Cuban state-run media organizations and programs, including newspapers, television,
and radio; and members and employees of the Supreme Court (Tribuno Supremo Nacional). The term “prohibited members of the Cuban Communist Party” includes: members of the Politburo; the
Central Committee; Department Heads of the Central Committee; employees of the Central Committee; and secretary and first secretary of the provincial Party central committees.
SIGNATURE OF REMITTER :
(FIRMA DEL REMITANTE)
My Relation to Payee (Parentesco con el Beneficiario):
Street Address (Dirección):
City, State and Zip Code (Ciudad, Estado, Zona Postal):
Telephone Number (Número de Teléfono):
Mother’s Maiden Name (Apellido de soltera de su madre):
Date of birth of remitter (Fecha de nacimiento del remitente):
Form Approved
OMB #1505-0167 Exp. 2-28-08
TDF 90-22.52
WITNESSED BY EMPLOYEE OF REMITTING AGENCY
(FIRMA DE TESTIGO DEL EMPLEADO DEL LA AGENCIA REMITENTE):
Signature(Firma) and Date(Fecha):
Name of Remitting Agency:
(Nombre de la Agencia Remitente)
*El término “oficial prohibido del Gobierno Cubano” incluye: Ministros, Viceministros, miembros del Consejo de Estado y del Consejo de Ministros; miembros y empleados de la Asamblea
Nacional del Poder Popular; miembros de cualquiera Asamblea Provincial del Poder Popular; jefes de sectores locales de los Comités de Defensa de la Revolución; Directores Generales y
Subdirectores Generales de todos los ministerios Cubanos y las agencias del estado; empleados del Ministerio del Interior (MININT); empleados del Ministerio de las Fuerzas Armadas Revolucionarias
(MINFAR); secretarios y primeros secretarios de la Central de Trabajadores de Cuba (CTC) y sus sindicatos componentes; editores generales, editores y subeditores de medios de comunicación del
estado Cubano que incluye los periódicos, la televisión y el radio; y miembros y empleados del Tribuno Supremo Nacional. El término “oficial prohibido del Partido Comunista Cubano” incluye:
miembros del Buró Político; el Comité Central;jefes de departamentos del Comité Central; empleados del Comité Central; y el secretario y el primer secretario de los comités provinciales del Partido.
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