Thursday, March 3, 2011

OFAC Regulations for Higher Education Licenses


http://www.treasury.gov/resource-center/sanctions/Programs/Documents/fr76_5072.pdf

§ 515.565 Educational activities.

[General Licenses, No Application or Report]


(a) General license. Accredited U.S. 
graduate and undergraduate degree- 
granting academic institutions, 
including faculty, staff, and students of 
such institutions, are authorized to
engage in the travel-related transactions
set forth in § 515.560(c) and such
additional transactions that are directly
incident to:

(1) Participation in a structured 
educational program in Cuba as part of 
a course offered for credit by the 
sponsoring U.S. academic institution.
An individual traveling to engage in
such transactions must carry a letter on
official letterhead, signed by a
designated representative of the
sponsoring U.S. academic institution,
stating that the Cuba-related travel is
part of a structured educational program
of the sponsoring U.S. academic
institution, and stating that the
individual is a member of the faculty or
staff of that institution or is a student
currently enrolled in a graduate or
undergraduate degree program at an
accredited U.S. academic institution
and that the study in Cuba will be
accepted for credit toward that degree;

(2) Noncommercial academic research 
in Cuba specifically related to Cuba and 
for the purpose of obtaining a graduate 
degree. A student traveling to engage in
such transactions must carry a letter on
official letterhead, signed by a
designated representative of the
sponsoring U.S. academic institution,
stating that the individual is a student
currently enrolled in a graduate degree
program at an accredited U.S. academic
institution, and stating that the research
in Cuba will be accepted for credit
toward that degree;

[Authorization of language study, etc.]


(3) Participation in a formal course of 
study at a Cuban academic institution, 
provided the formal course of study in 
Cuba will be accepted for credit toward 
the student’s graduate or undergraduate 
degree. An individual traveling to
engage in such transactions must carry
a letter on official letterhead, signed by
a designated representative of the
sponsoring U.S. academic institution,
stating that the individual is a student
currently enrolled in a graduate or
undergraduate degree program at an
accredited U.S. academic institution
and that the study in Cuba will be
accepted for credit toward that degree;

(4) Teaching at a Cuban academic 
institution by an individual regularly 
employed in a teaching capacity at the 
sponsoring U.S. academic institution,
provided the teaching activities are
related to an academic program at the
Cuban institution and provided that the
duration of the teaching will be no
shorter than 10 weeks. An individual
traveling to engage in such transactions
must carry a letter on official letterhead,
signed by a designated representative of
the sponsoring U.S. academic
institution, stating that the individual is
regularly employed in a teaching
capacity at that institution;

(5) Sponsorship, including the 
payment of a stipend or salary, of a 
Cuban scholar to teach or engage in 
other scholarly activity at the 
sponsoring U.S. academic institution (in
addition to those transactions
authorized by the general license
contained in § 515.571). Such earnings
may be remitted to Cuba as provided in
§ 515.570 or carried on the person of the
Cuban scholar returning to Cuba as
provided in § 515.560(d)(3); or

(6) The organization of, and 
preparation for, activities described in
paragraphs (a)(1) through (a)(5) of this
section by members of the faculty and
staff of the sponsoring U.S. academic
institution. An individual engaging in
such transactions must carry a letter on
official letterhead, signed by a
designated representative of the
sponsoring U.S. academic institution,
stating that the individual is a member
of the faculty or staff of that institution,
and is traveling to engage in the
transactions authorized by this
paragraph on behalf of that institution.

Note 1 to paragraph (a): U.S. academic
institutions and individual travelers must
retain records related to the travel
transactions authorized pursuant to this
paragraph. See §§ 501.601 and 501.602 of this
chapter for applicable recordkeeping and
reporting requirements. Exportation of
equipment and other items, including the
transfer of technology or software to foreign
persons (‘‘deemed exportation’’), may require
separate authorization from the Department
of Commerce.

Note 2 to paragraph (a): This paragraph
authorizes all members of the faculty and 
staff (including but not limited to adjunct 
faculty and part-time staff) of the sponsoring 
U.S. academic institution to participate in the
activities described in this paragraph. A
student currently enrolled in a graduate or
undergraduate degree program at any
accredited U.S. academic institution is
authorized pursuant to this paragraph to
participate in the academic activities in Cuba
described above through any sponsoring U.S. 
academic institution, not only through the 
institution at which the student is pursuing 
a degree.


[Specific licenses, must be applied for]


(b) Specific licenses. Specific licenses
may be issued on a case-by-case basis
authorizing the travel-related
transactions set forth in § 515.560(c) and
other transactions directly incident to:

(1) An individual’s educational
activities of the types described in
paragraphs (a)(2) through (a)(4) of this
section but not authorized by the
general license contained in paragraph
(a) of this section;

[Seminars, conferences, workshops]


(3) Sponsorship or co-sponsorship by 
an accredited U.S. graduate or 
undergraduate degree-granting academic 
institution of academic seminars, 
conferences, and workshops related to
Cuba or global issues involving Cuba
and attendance at such events by
faculty, staff, and students of the
licensed institution.

(c) Transactions related to activities
that are primarily tourist-oriented,
including self-directed educational
activities that are intended only for
personal enrichment, will not be
authorized pursuant to this section.

(d) For the purposes of this section,
the term designated representative of 
the sponsoring U.S. academic 
institution means a person designated 
by the relevant dean or the academic 
vice-president, provost, or president of 
the institution as the official responsible 
for overseeing the institution’s Cuba 
travel program. 


Note to § 515.565: Accredited U.S.
academic institutions engaging in activities
authorized pursuant to this section are
permitted to open and maintain accounts at 
Cuban financial institutions for the purpose
of accessing funds in Cuba for transactions
authorized pursuant to this section.


§ 515.570 Remittances

[General license]


(b) Periodic $500 remittances 
authorized. Persons subject to the
jurisdiction of the United States are
authorized to make remittances to
Cuban nationals, including, but not
limited to, remittances to support the
development of private businesses,
provided that:
(1) The remitter’s total remittances
pursuant to paragraph (b) of this section
to any one Cuban national do not
exceed $500 in any consecutive three-
month period;

[The above provision will allow follow-up indirect support to institutions visited via publicly reported donations to responsible staff. Direct institutional support requires a  specific license, see below, and is limited to non-governmental entities.]

(g) Specific licenses. Specific licenses
may be issued on a case-by-case basis
authorizing the following:
(1) Remittances by persons subject to
U.S. jurisdiction to independent non-
governmental entities in Cuba,
including but not limited to pro-
democracy groups and civil society
groups, and to members of such groups
or organizations, or to individuals or
independent non-governmental entities
to support the development of private
businesses, including small farms

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