Cuban Asset Control Regulations, Part 3

§ 515.567 Public performances, clinics, workshops, athletic and other competitions, and
exhibitions.

(a) General license for amateur and semi-professional international sports federation
competitions. The travel-related transactions set forth in § 515.560(c) and such other
transactions as are directly incident to participation in athletic competitions in Cuba by amateur
or semi-professional athletes or athletic teams, or organization of such competitions, are
authorized, provided that:

**** *

(b) General license for public performances, clinics, workshops, other athletic or non-
athletic competitions, and exhibitions. The travel-related transactions set forth in § 515.560(c)
and such other transactions as are directly incident to participation in or organization of a public
performance, clinic, workshop, athletic competition not covered by paragraph (a) of this section,
non-athletic competition, or exhibition in Cuba by participants in or organizers of such activities
are authorized, provided that the event is open for attendance, and in relevant situations
participation, by the Cuban public.

Example 1 to § 515.567(a) and (b): An amateur baseball team wishes to travel to Cuba to
compete against a Cuban team in a baseball game in Cuba. The game will not be held under the
auspices of the international sports federation for baseball. The baseball team's activities
therefore would not qualify for the general license in paragraph (a). The game will, however, be
open to the Cuban public. The baseball team's activities would qualify for the general license in
paragraph (b).

Example 2 to § 515.567(a) and (b): A U.S. concert promoter wishes to organize a
musical event in Cuba that would be open to the public and feature U.S. musical groups. The
organizing of the musical event in Cuba by the U.S. concert promoter and the participation by
U.S. musical groups in the event would qualify for the general license in paragraph (b).

**** *

Note 2 to § 515.567(a) and (b): Transactions incident to the organization of amateur and
semi-professional international sports federation competitions and public performances, clinics,
workshops, other athletic or non-athletic competitions, and exhibitions include marketing related
to such events in Cuba.

and

§ 515.572 Authorization to provide travel services, carrier services, and remittance
forwarding services.

(a) * * *

(2) Authorization to provide carrier services. (i) Persons subject to U.S. jurisdiction are
authorized to provide carrier services to, from, or within Cuba in connection with travel or
transportation, directly or indirectly, between the United States and Cuba of persons, baggage, or
cargo authorized pursuant to this part.

(ii) The entry into blocked space, code-sharing, or leasing arrangements to facilitate the
provision of carrier services by air authorized pursuant to section 515.572(a)(2) is authorized,
including the entry into such arrangements with a national of Cuba.

and

§ 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 preparedness, relief, and
response; 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.

and finally:

§ 515.584 Certain financial transactions involving Cuba.

**** *

(f) Depository institutions, as defined in § 515.333, are authorized to provide financing
for exports or reexports of items, other than agricultural items or commodities, authorized
pursuant to § 515.533, including issuing, advising, negotiating, paying, or confirming letters of
credit (including letters of credit issued by a financial institution that is a national of Cuba),
accepting collateral for issuing or confirming letters of credit, and processing documentary
collections.

Again, I have left out sections that cannot be read out of context (e.g. Items that then refer to a list of items not in the amendment).

Cuban Asset Control Regulation Amendments, Part 2

Some flavor from the amendments document, in relatively clear English:

(d) General license for travel-related transactions incident to exportation or reexportation
of certain items. (1) 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 or contract negotiation, accompanied delivery, installation, leasing, 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.

(2) The travel-related transactions set forth in § 515.560(c) and such additional
transactions as are directly incident to the facilitation of the temporary sojourn of aircraft and
vessels as authorized by 15 CFR 740.15 (License Exception Aircraft, Vessels and Spacecraft) or
pursuant to other authorization by the Department of Commerce for travel between the United
States and Cuba authorized pursuant to this part, including travel-related transactions by
personnel who are persons subject to U.S. jurisdiction and who are required for normal operation
and service on board a vessel or aircraft, as well as personnel who are persons subject to U.S.
jurisdiction and who are required to provide services to a vessel in port or aircraft on the ground,
provided that:

(i) The aircraft or vessel must be transporting individuals whose travel between the
United States and Cuba is authorized pursuant to any section of this part other than paragraph
(d)(2) of this section; and

(ii) Such travel-related transactions by such personnel are limited to the duration and
scope of their duties in relation to the particular authorized temporary sojourn.

and:

§ 515.545 Transactions related to information and informational materials.

(a) Transactions relating to the creation, dissemination, artistic or other substantive
alteration, or enhancement of informational materials are authorized, including employment of
Cuban nationals and remittance of royalties or other payments in connection with such
transactions. This section authorizes marketing related to the dissemination of such
informational materials but does not authorize other marketing or business consulting services.

(b) General license. (1) The travel-related transactions set forth in § 515.560(c) and such
additional transactions as are directly incident to the exportation, importation, or transmission of
information or informational materials as defined in § 515.332 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.

(2) The travel-related transactions set forth in § 515.560(c) and such additional
transactions as are directly incident to professional media or artistic productions of information
or informational materials for exportation, importation, or transmission, including the filming or
production of media programs (such as movies and television programs), the recording of music,
and the creation of artworks in Cuba, are authorized, provided that the traveler is regularly
employed in or has demonstrated professional experience in a field relevant to such professional
media or artistic productions, and that the
traveler’s schedule of activities does not include free
time or recreation in excess of that consistent with a full-time schedule.

and:

§ 515.564 Professional research and professional meetings in Cuba.

(2) Professional meetings. The travel-related transactions set forth in § 515.560(c) and
such additional transactions as are directly incident to travel to Cuba to attend or organize
professional meetings or conferences in Cuba are authorized, provided that:

**** *

(ii) For a traveler:

(A) Attending a professional meeting or conference, the purpose of the meeting or
conference directly relates to the traveler’s profession, professional background, or area of
expertise, including area of graduate-level full-time study;

(B) Organizing a professional meeting or conference on behalf of an entity, either the
traveler
’s profession must be related to the organization of professional meetings or conferences
or the traveler must be an employee or contractor of an entity that is organizing the professional
meeting or conference.

**** *

(iv) The traveler’s schedule of activities does not include free time or recreation in
excess of that consistent with a full-time schedule of attendance at, or organization of,
professional meetings or conferences.

Note to § 515.564(a)(2): Transactions incident to the organization of professional
meetings or conferences include marketing related to such meetings or conferences in Cuba.

OFAC Enforcement Action: WATG Holdings & subsidiary run afoul of Cuban sanctions

The firm provided architectural design services for a Cuban hotel between 2009 and 2010, for which it was paid $284,515. The settlement? Roughly half – $140,000, for a non self-disclosed, non-egregious case. The base penalty, which was the statutory maximum, was $265,000.

Here is what OFAC considered in making its decision:

  • Senior managers at WATG-UK performed the primary work related to
    the project;
  • The apparent violations caused significant harm to the Cuba sanctions program
    objectives because WATG-UK provided more than $350,000 in architecture and design services
    in support of Cuba’s tourism industry;
  • WATG is a relatively large and sophisticated
    multinational architectural design company;
  • WATG has no prior sanctions history, including
    receipt of a penalty notice or Finding of Violation in the five years preceding the earliest date of
    these transactions;
  • WATG had no OFAC compliance program at the time of the apparent
    violations;
  • WATG took remedial action by conducting a global, comprehensive compliance
    review, submitting a disclosure of other transactions to OFAC, appointing a compliance officer,
    conducting global training of its personnel, and instituting a compliance program to prevent
    future apparent violations; and
  • WATG agreed to toll the statute of limitations for a total of 877
    days.

Link:

OFAC Enforcement Information

 

Amendments to Cuban Asset Control Regulations: The Layman Section

Breaking this up because it's an 18 page PDF. This will make it easier to digest…. And I'm going to skip the sections that non-lawyers will not understand with the current CACR in front of them.

Non-Agricultural Export Trade Financing

OFAC is amending section 515.533(a) to remove the former limitations on payment and
financing terms for all exports from the United States or reexports of 100 percent U.S.-origin
items from a third country that are licensed or otherwise authorized by the Department of
Commerce, other than exports of agricultural items or commodities. As required by the Trade
Sanctions Reform and Export Enhancement Act of 2000, 22 U.S.C. 7207(b)(1), such agricultural
exports continue to be authorized only if one of the payment and financing terms specified in the
statute are used. OFAC also is amending section 515.584 to add an authorization for depository
institutions to provide financing for such authorized exports and making a conforming change to
section 515.421.

Travel and Related Services

Carrier services by air. In parallel with the Department of Commerce’s amendments
relating to the safety of civil aviation, OFAC is amending section 515.572 to authorize the entry
into blocked space, code-sharing, and leasing arrangements to facilitate the provision of carrier
services by air authorized pursuant to section 515.572(a)(2), including the entry into such
arrangements with a national of Cuba.

Temporary sojourn. OFAC is amending section 515.533 to authorize travel-related and
other transactions directly incident to the facilitation of the temporary sojourn of aircraft and
vessels as authorized by the Department of Commerce for travel between the United States and
Cuba, including by certain personnel required for normal operation and service on board a vessel
or aircraft or to provide services to a vessel in port or aircraft on the ground.

Public performances, clinics, workshops, athletic and other competitions, and exhibitions.
OFAC is amending section 515.567 to authorize travel-related and other transactions to organize
amateur and semi-professional international sports federation competitions and public
performances, clinics, workshops, other athletic or non-athletic competitions, and exhibitions in
Cuba. OFAC is also removing the existing requirements for certain events that all U.S. profits
from the event after costs be donated to an independent nongovernmental organization in Cuba
or a U.S.-based charity and that workshops and clinics be organized and run, at least in part, by
the authorized traveler.

Humanitarian projects. OFAC is amending section 515.575 to expand the list of
authorized humanitarian projects to include disaster preparedness and response.

Link:

CACR Amendments

 

January 26, 2016: Amendments to Cuban regulations being published today

Today (Wednesday, January 27th), OFAC is issuing amendments to the Cuban Assets Control Regulation (CACR) in line with the December 2014 policy changes announced by President Obama “intended to further engage and empower the Cuban people and promote political, social, and economic reform in Cuba by easing sanctions related to, among others, travel, trade, humanitarian projects, and banking.”

OFAC has also issued updated Frequently Asked Questions (FAQs), and an updated Travel Guidance.

Links:

OFAC Notice

CACR Amendment

CACR FAQs

CACR Travel Guidance

 

December 21, 2015: OFAC Updates Cuba Program FAQ

In particular, questions 57-61 regarding insurance were updated:

57. Are insurers that are persons subject to U.S. jurisdiction allowed to provide travel
insurance to persons subject to U.S. jurisdiction engaged in authorized travel to Cuba?
Yes. See 31 CFR § 515.560.

58. May persons subject to U.S. jurisdiction engaged in authorized travel to Cuba obtain travel
insurance from a third-country vendor?
Yes. See 31 CFR § 515.560.

59. May U.S. insurers issue policies and pay claims related to group health, life, and travel
insurance on behalf of third-country nationals traveling to or within Cuba?
Yes, provided that the insurance policy is as global policy, and not specific to the third-country
national
s travel to or within Cuba. Section 515.580 of the CACR authorizes persons subject to
U.S. jurisdiction to issue or provide global health, life, or travel insurance policies for individuals
ordinarily resident in a country outside of Cuba who travel to or within Cuba, regardless of
whether the insurance policy is issued only to that individual or to a group, such as to all
employees of a particular company. For instance, a U.S. insurer may pay medical claims pursuant
to a group health insurance policy to or on behalf of a covered third-country national injured
while traveling in Cuba. However, this provision does not authorize a person subject to U.S.
jurisdiction to issue an insurance policy that is specific to travel to Cuba. A separate provision of
the CACR, 31 CFR § 515.560, authorizes the provision of health, life, and travel insurance-
related services that are specific to Cuba for authorized U.S. travelers.

60. May U.S. insurers, either directly or through third-country subsidiaries, issue policies, or
pay insurance or reinsurance claims related to non-U.S. persons providing goods or services
that facilitate travel by third-country nationals from a third country to Cuba?
Other than certain global health, life, or travel insurance policies for individuals authorized by 31
C.F.R. § 515.580, absent specific authorization from OFAC, U.S. insurers and their subsidiaries
are not permitted to issue policies, provide reinsurance coverage, or pay insurance or reinsurance
claims related to non-U.S. persons, including entities such as foreign airlines, providing goods or
services that facilitate travel by third-country nationals from a third country to Cuba.

61. Are insurance policies that are issued to a “group” (e.g., an employer and its employees)
authorized by the CACR?
Section 515.580 of the CACR authorizes global insurance policies covering individuals ordinarily
resident in a country outside of Cuba traveling to Cuba. The policy may be issued to a group,
such as all employees of a company. The “global” requirement means it cannot be specific to
travel to Cuba. For example, it does not authorize an individual travel policy issued to a traveler
specifically to cover a trip to Cuba. It also does not authorize issuing a policy to a non-U.S. travel
agent specifically to cover its traveler clients where the travel agency is solely in the business of
planning trips to Cuba.

Mr. Watchlist thinks it's bogus to have an FAQ document that says “see CFR 515.560” and the like. You have to assume some of the readers are not intimately familiar with the regulations. If you're going to do that, you should provide a link to the section, not just throw the reader to the dharks.

This reminds Mr. Watchlist of the Fall OFAC Symposium. None of the sessions were a blur of references to the Code of Federal Regulations (CFR) – except the Cuba one. Mr. Watchlist was looking at his watch a lot during that session – totally indecipherable.

Links:

OFAC Notice

OFAC Cuba Sanctions FAQ document

 

November 25, 2015: New Cuba Travel-Related FAQ question 52

On Wednesday, OFAC published an updated version of its Cuban sanctions Frequently Asked Question (FAQ) document. The new question (#52) is about banks' processing of authorized travel transactions vis a vis the Cuban sanctions program:

52. Is a financial institution required to independently verify that an individual’s travel is
authorized when processing Cuba travel-related transactions?

No. A financial institution may rely on U.S. travelers to provide their certifications of authorized
travel directly to the person providing travel or carrier services when processing Cuba travel-
related transactions, unless the financial institution knows or has reason to know that the travel is
not authorized by a general or specific license.

The CACR requires persons subject to U.S. jurisdiction providing travel or carrier services to
retain for at least five years from the date of the transaction a certification from each customer
indicating the section of the CACR that authorizes the person to travel to Cuba. See §
515.572(b). U.S. travelers utilizing a general or specific license are also required to retain for five
years records associated with their travel to Cuba.

So, since 52 is not the last question in the document, one has to assume that all the other higher-numbered questions got renumbered.

Links:

OFAC Notice

OFAC Cuba FAQs document