NAFSA Practice Advisory

NAFSA Practice Advisory New Regulations on Academic Travel to Cuba As Issued by The Office of Foreign Assets Control (OFAC)   http://www.nafsa.org/resourcelibrary/default.aspx?id=24935

February 9, 2011

By Mandy Reinig, Pennsylvania State University-Altoona

Below are highlights of the new regulations to Cuba issued by the Office of Foreign Assets Control (OFAC). OFAC will be issuing additional guidelines within the coming weeks.

Highlights of New Regulations

Institutions

Allows accredited U.S. graduate or undergraduate degree-granting academic institutions, by specific license, to sponsor or co-sponsor academic seminars, conferences, and workshops related to Cuba or global issues involving Cuba, and it allows faculty, staff and students of such institutions to attend those events.

Allows accredited U.S. institutions of higher education to sponsor travel to Cuba for course work for academic credit under a general license.

Regulations specify that students/ faculty/ staff participating on such programs will be required to carry letters “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 degree1.

Students, faculty and staff (including but not limited to adjunct faculty and part-time staff)

Allows students to participate in academic activities in Cuba through any sponsoring U.S. academic institution, not only through the accredited U.S. academic at which the student is pursuing a degree.

Allows 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.

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.

Allows faculty/adjunct/part-time/staff at the sponsoring institution to accompany students on academic programs to Cuba.

Allows any individual regularly employed in a teaching capacity at the sponsoring U.S. academic institution to teach at a Cuban institution provided that the teaching activities are related to an academic program at the Cuban institution and that the duration of the teaching is at least 10 weeks. Teachers are required to carry a letter from the sponsoring institution.

Financial/Transportation/Other

Allows a general license category for an U.S. person to send remittances (up to $500 per quarter) to non-family members in Cuba.

Allows a sponsoring U.S. academic institution to pay the stipend or salary of a Cuban scholar to teach or engage in other scholarly activity.

Allows a sponsoring institution to open a bank account in Cuba to facilitate transactions.

Allow all U.S. international airports to apply to provide services to licensed airplane charters.

Allows organizations to apply for specific licenses for educational exchanges not involving academic credit. 

Key Points

Students can participate on a program that must be for academic credit but does not need to be for a minimum length of time.

Any student enrolled in a degree program at an accredited academic institution may participate on any credit bearing academic program abroad hosted by any sponsoring institution.

Any faculty or staff at a sponsoring academic institution is eligible to lead programs or accompany students on such programs to Cuba.

Individuals studying or working in an academic capacity in Cuba either through their home institution or through a Cuban institution will be required to carry a letter stating that there are there for academic purposes from that respective institution

Faculty wishing to teach at a Cuban academic institution can do so as long as the duration is no shorter than 10 weeks and they are carrying a letter from the sponsoring U.S. academic institution.

These provisions do not apply to tourist activities.

The health insurance requirement to enter Cuba will still stand.

Resources

U.S. Department of the Treasury Cuban Assets Control Regulations (Jan. 25, 2011): http://www.treasury.gov/resource-center/sanctions/Programs/documents/fr76_5072.pdf

White House Press Release: http://www.whitehouse.gov/the-press-office/2011/01/14/reaching-out-cuban-people

U.S. Department of State Cuba Entry/Exit Requirements: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1097.html#entry_requirements

U.S. Department of the Treasury Resources: http://www.treasury.gov/resource-center/sanctions/Programs/Pages/cuba.aspx

Cuba Academic Alliance Website: http://www.cubaacademicalliance.org/

NAFSA: www.nafsa.org/Cuba

To receive up-to-date notifications from OFAC, sign up here http://www.treasury.gov/resource-center/sanctions/Programs/pages/cuba.aspx

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