UPDATED JULY 25, 2017
Department of the Treasury
Office of Foreign Assets Control (OFAC)
Frequently Asked Questions on President Trump’s Cuba Announcement
1. How will OFAC implement the changes to the Cuba sanctions program announced
by the President on June 16, 2017? Are the changes effective immediately?
OFAC will implement the Treasury-specific changes via amendments to its Cuban Assets
Control Regulations. The Department of Commerce will implement any necessary
changes via amendments to its Export Administration Regulations. OFAC expects to
issue its regulatory amendments in the coming months. The announced changes do not
take effect until the new regulations are issued.
2. What is individual people-to-people travel, and how does the President’s
announcement impact this travel authorization?
Individual people-to-people travel is educational travel that: (i) does not involve
academic study pursuant to a degree program; and (ii) does not take place under the
auspices of an organization that is subject to U.S. jurisdiction that sponsors such
exchanges to promote people-to-people contact. The President instructed Treasury to
issue regulations that will end individual people-to-people travel. The announced
changes do not take effect until the new regulations are issued.
3. Will group people-to-people travel still be authorized?
Yes. Group people-to-people travel is educational travel not involving academic study
pursuant to a degree program that takes place under the auspices of an organization that is
subject to U.S. jurisdiction that sponsors such exchanges to promote people-to-people
contact. Travelers utilizing this travel authorization must: (i) maintain a full-time
schedule of educational exchange activities that are intended to enhance contact with the
Cuban people, support civil society in Cuba, or promote the Cuban people’s
independence from Cuban authorities, and that will result in meaningful interaction
between the traveler and individuals in Cuba; and (ii) be accompanied by an employee,
consultant, or agent of the sponsoring organization, who will ensure that each traveler
maintains a full-time schedule of educational exchange activities. In addition, the
predominant portion of the activities engaged in by individual travelers must not be with
prohibited officials of the Government of Cuba or prohibited members of the Cuban
Communist Party (as defined in the regulations). Once OFAC issues the new regulations,
new individual people-to-people travel will not be authorized.
4. Will organizations subject to U.S. jurisdiction that sponsor exchanges to promote
people-to-people contact be required to apply to OFAC for a specific license?
No. To the extent that proposed travel falls within the scope of an existing general
license, including group people-to-people educational travel, persons subject to U.S.
jurisdiction may proceed with sponsoring such travel without applying to OFAC for a
specific license. It is OFAC’s policy not to grant applications for a specific license
authorizing transactions where a general license is applicable.
Once the State Department publishes its list of entities and subentities with which direct
transactions will not be authorized and OFAC issues its regulations, no new transactions,
including travel-related transactions, may be initiated with these identified entities and
subentities. Prior travel arrangements that may involve these entities or subentities will
still be authorized. See FAQ 8.
5. How do the changes announced by the President on June 16, 2017 affect individual
people-to-people travelers who have already begun making their travel
arrangements (such as purchasing flights, hotels, or rental cars)?
The announced changes do not take effect until OFAC issues new regulations. Provided
that the traveler has already completed at least one travel-related transaction (such as
purchasing a flight or reserving accommodation) prior to the President’s announcement
on June 16, 2017, all additional travel-related transactions for that trip would also be
authorized, including if the trip occurs after OFAC issues new regulations, provided the
travel-related transactions are consistent with OFAC’s regulations as of June 16, 2017.
Once the State Department publishes its list of entities and subentities with which direct
transactions will not be authorized and OFAC issues its regulations, no new transactions
may be initiated with these identified entities and subentities. Prior travel arrangements
that may involve these entities or subentities will still be authorized. See FAQ 8.
6. How does the new policy impact other authorized travel to Cuba by persons subject
to U.S. jurisdiction?
The new policy will also impact certain categories of educational travel as well as travel
under support for the Cuban people, as set forth in the National Security Presidential
Memorandum signed by the President on June 16, 2017. In addition, following the
issuance of OFAC’s regulatory changes, travel-related transactions with prohibited
entities identified by the State Department will not be permitted, unless otherwise
authorized by OFAC. Guidance will accompany the issuance of the new regulations.
7. Will persons subject to U.S. jurisdiction be required to apply to OFAC for a specific
license to engage in Cuba-related travel and transactions consistent with the other
authorized categories of travel?
To the extent that proposed travel falls within the scope of an existing general license,
persons subject to U.S. jurisdiction may proceed with such travel without applying to
OFAC for a specific license. It is OFAC’s policy not to grant applications for a specific
license authorizing transactions where a general license is applicable. Once the State
Department publishes its list of entities and subentities with which direct transactions will
not be authorized and OFAC issues its regulations, no new transactions may be initiated
with these identified entities and subentities. Prior travel arrangements that may involve
these entities or subentities will still be authorized. See FAQ 8.
8. How do the changes announced by the President on June 16, 2017 affect authorized
travelers to Cuba whose travel arrangements may include direct transactions with
entities related to the Cuban military, intelligence, or security services that may be
implicated by the new Cuba policy?
The announced changes do not take effect until OFAC issues new regulations.
Consistent with the Administration’s interest to avoid negatively impacting Americans
for arranging lawful travel to Cuba, any travel-related arrangements that include direct
transactions with entities related to the Cuban military, intelligence, or security services
that may be implicated by the new Cuba policy will be permitted provided that those
travel arrangements were initiated prior to the State Department listing of the entity or
subentity. Once the State Department adds an entity or subentity to the list, new direct
financial transactions with the entity or subentity will not be permitted, unless authorized
by OFAC.
9. How do the changes announced by the President on June 16, 2017 affect companies
subject to U.S. jurisdiction that are already engaged in the Cuban market and that
may undertake direct transactions with entities related to the Cuban military,
intelligence, or security services that may be implicated by the new Cuba policy?
The announced changes do not take effect until OFAC issues new regulations.
Consistent with the Administration’s interest in not negatively impacting American
businesses for engaging in lawful commercial opportunities, Cuba-related commercial
engagement that includes direct transactions with entities and subentities related to the
Cuban military, intelligence, or security services that may be implicated by the new Cuba
policy will be permitted after the issuance of new regulations by OFAC, provided that
those commercial engagements were in place prior to the issuance of the forthcoming
regulations. For example, businesses will be permitted to continue with transactions
outlined in contingent or other types of contractual arrangements agreed to prior to the
issuance of the new regulations, consistent with other CACR authorizations.
10. Does the new policy affect the means by which persons subject to U.S jurisdiction
may purchase airline tickets for authorized travel to Cuba?
No. The new policy will not change the means by which persons subject to U.S.
jurisdiction traveling to Cuba pursuant to the 12 categories of authorized travel may
purchase their airline tickets.
11. Can I continue to send authorized remittances to Cuba?
Yes. The announced policy changes will not change the authorizations for sending
remittances to Cuba. Additionally, the announced changes include an exception that will
allow for transactions incidental to the sending, processing, and receipt of authorized
remittances to the extent they would otherwise be restricted by the new policy limiting
transactions with certain identified Cuban military, intelligence, or security services. However, consistent with the President’s policy announcement, changes will be made to the definition of prohibited members of Government of Cuba that may exclude certain persons from receipt of such remittances.
12. How will the new policy impact existing OFAC specific licenses?
The forthcoming regulations will be prospective and thus will not affect authorized
transactions under existing specific licenses, unless explicitly noted.
13. How will U.S. companies know if a Cuban counterpart is affiliated with a prohibited
entity or subentity in Cuba?
The State Department will be publishing a list of entities and subentities with which
direct transactions generally will not be permitted. Guidance will accompany the
issuance of the new regulations. The announced changes do not take effect until the new
regulations are issued.
14. Is authorized travel by cruise ship or passenger vessel to Cuba impacted by the new
Cuba policy?
Persons subject to U.S. jurisdiction will still be able to engage in authorized travel to
Cuba by cruise ship or passenger vessel.
Following the issuance of OFAC’s regulatory changes, travel-related transactions with
prohibited entities and subentities identified by the State Department generally will not be
permitted. Guidance will accompany the issuance of the new regulations.
For more information on the National Security Presidential Memorandum visit:
https://www.whitehouse.gov/blog/2017/06/16/fact-sheet-cuba-policy.
Department of the Treasury
Office of Foreign Assets Control (OFAC)
Frequently Asked Questions on President Trump’s Cuba Announcement
1. How will OFAC implement the changes to the Cuba sanctions program announced
by the President on June 16, 2017? Are the changes effective immediately?
OFAC will implement the Treasury-specific changes via amendments to its Cuban Assets
Control Regulations. The Department of Commerce will implement any necessary
changes via amendments to its Export Administration Regulations. OFAC expects to
issue its regulatory amendments in the coming months. The announced changes do not
take effect until the new regulations are issued.
2. What is individual people-to-people travel, and how does the President’s
announcement impact this travel authorization?
Individual people-to-people travel is educational travel that: (i) does not involve
academic study pursuant to a degree program; and (ii) does not take place under the
auspices of an organization that is subject to U.S. jurisdiction that sponsors such
exchanges to promote people-to-people contact. The President instructed Treasury to
issue regulations that will end individual people-to-people travel. The announced
changes do not take effect until the new regulations are issued.
3. Will group people-to-people travel still be authorized?
Yes. Group people-to-people travel is educational travel not involving academic study
pursuant to a degree program that takes place under the auspices of an organization that is
subject to U.S. jurisdiction that sponsors such exchanges to promote people-to-people
contact. Travelers utilizing this travel authorization must: (i) maintain a full-time
schedule of educational exchange activities that are intended to enhance contact with the
Cuban people, support civil society in Cuba, or promote the Cuban people’s
independence from Cuban authorities, and that will result in meaningful interaction
between the traveler and individuals in Cuba; and (ii) be accompanied by an employee,
consultant, or agent of the sponsoring organization, who will ensure that each traveler
maintains a full-time schedule of educational exchange activities. In addition, the
predominant portion of the activities engaged in by individual travelers must not be with
prohibited officials of the Government of Cuba or prohibited members of the Cuban
Communist Party (as defined in the regulations). Once OFAC issues the new regulations,
new individual people-to-people travel will not be authorized.
4. Will organizations subject to U.S. jurisdiction that sponsor exchanges to promote
people-to-people contact be required to apply to OFAC for a specific license?
No. To the extent that proposed travel falls within the scope of an existing general
license, including group people-to-people educational travel, persons subject to U.S.
jurisdiction may proceed with sponsoring such travel without applying to OFAC for a
specific license. It is OFAC’s policy not to grant applications for a specific license
authorizing transactions where a general license is applicable.
Once the State Department publishes its list of entities and subentities with which direct
transactions will not be authorized and OFAC issues its regulations, no new transactions,
including travel-related transactions, may be initiated with these identified entities and
subentities. Prior travel arrangements that may involve these entities or subentities will
still be authorized. See FAQ 8.
5. How do the changes announced by the President on June 16, 2017 affect individual
people-to-people travelers who have already begun making their travel
arrangements (such as purchasing flights, hotels, or rental cars)?
The announced changes do not take effect until OFAC issues new regulations. Provided
that the traveler has already completed at least one travel-related transaction (such as
purchasing a flight or reserving accommodation) prior to the President’s announcement
on June 16, 2017, all additional travel-related transactions for that trip would also be
authorized, including if the trip occurs after OFAC issues new regulations, provided the
travel-related transactions are consistent with OFAC’s regulations as of June 16, 2017.
Once the State Department publishes its list of entities and subentities with which direct
transactions will not be authorized and OFAC issues its regulations, no new transactions
may be initiated with these identified entities and subentities. Prior travel arrangements
that may involve these entities or subentities will still be authorized. See FAQ 8.
6. How does the new policy impact other authorized travel to Cuba by persons subject
to U.S. jurisdiction?
The new policy will also impact certain categories of educational travel as well as travel
under support for the Cuban people, as set forth in the National Security Presidential
Memorandum signed by the President on June 16, 2017. In addition, following the
issuance of OFAC’s regulatory changes, travel-related transactions with prohibited
entities identified by the State Department will not be permitted, unless otherwise
authorized by OFAC. Guidance will accompany the issuance of the new regulations.
7. Will persons subject to U.S. jurisdiction be required to apply to OFAC for a specific
license to engage in Cuba-related travel and transactions consistent with the other
authorized categories of travel?
To the extent that proposed travel falls within the scope of an existing general license,
persons subject to U.S. jurisdiction may proceed with such travel without applying to
OFAC for a specific license. It is OFAC’s policy not to grant applications for a specific
license authorizing transactions where a general license is applicable. Once the State
Department publishes its list of entities and subentities with which direct transactions will
not be authorized and OFAC issues its regulations, no new transactions may be initiated
with these identified entities and subentities. Prior travel arrangements that may involve
these entities or subentities will still be authorized. See FAQ 8.
8. How do the changes announced by the President on June 16, 2017 affect authorized
travelers to Cuba whose travel arrangements may include direct transactions with
entities related to the Cuban military, intelligence, or security services that may be
implicated by the new Cuba policy?
The announced changes do not take effect until OFAC issues new regulations.
Consistent with the Administration’s interest to avoid negatively impacting Americans
for arranging lawful travel to Cuba, any travel-related arrangements that include direct
transactions with entities related to the Cuban military, intelligence, or security services
that may be implicated by the new Cuba policy will be permitted provided that those
travel arrangements were initiated prior to the State Department listing of the entity or
subentity. Once the State Department adds an entity or subentity to the list, new direct
financial transactions with the entity or subentity will not be permitted, unless authorized
by OFAC.
9. How do the changes announced by the President on June 16, 2017 affect companies
subject to U.S. jurisdiction that are already engaged in the Cuban market and that
may undertake direct transactions with entities related to the Cuban military,
intelligence, or security services that may be implicated by the new Cuba policy?
The announced changes do not take effect until OFAC issues new regulations.
Consistent with the Administration’s interest in not negatively impacting American
businesses for engaging in lawful commercial opportunities, Cuba-related commercial
engagement that includes direct transactions with entities and subentities related to the
Cuban military, intelligence, or security services that may be implicated by the new Cuba
policy will be permitted after the issuance of new regulations by OFAC, provided that
those commercial engagements were in place prior to the issuance of the forthcoming
regulations. For example, businesses will be permitted to continue with transactions
outlined in contingent or other types of contractual arrangements agreed to prior to the
issuance of the new regulations, consistent with other CACR authorizations.
10. Does the new policy affect the means by which persons subject to U.S jurisdiction
may purchase airline tickets for authorized travel to Cuba?
No. The new policy will not change the means by which persons subject to U.S.
jurisdiction traveling to Cuba pursuant to the 12 categories of authorized travel may
purchase their airline tickets.
11. Can I continue to send authorized remittances to Cuba?
Yes. The announced policy changes will not change the authorizations for sending
remittances to Cuba. Additionally, the announced changes include an exception that will
allow for transactions incidental to the sending, processing, and receipt of authorized
remittances to the extent they would otherwise be restricted by the new policy limiting
transactions with certain identified Cuban military, intelligence, or security services. However, consistent with the President’s policy announcement, changes will be made to the definition of prohibited members of Government of Cuba that may exclude certain persons from receipt of such remittances.
12. How will the new policy impact existing OFAC specific licenses?
The forthcoming regulations will be prospective and thus will not affect authorized
transactions under existing specific licenses, unless explicitly noted.
13. How will U.S. companies know if a Cuban counterpart is affiliated with a prohibited
entity or subentity in Cuba?
The State Department will be publishing a list of entities and subentities with which
direct transactions generally will not be permitted. Guidance will accompany the
issuance of the new regulations. The announced changes do not take effect until the new
regulations are issued.
14. Is authorized travel by cruise ship or passenger vessel to Cuba impacted by the new
Cuba policy?
Persons subject to U.S. jurisdiction will still be able to engage in authorized travel to
Cuba by cruise ship or passenger vessel.
Following the issuance of OFAC’s regulatory changes, travel-related transactions with
prohibited entities and subentities identified by the State Department generally will not be
permitted. Guidance will accompany the issuance of the new regulations.
For more information on the National Security Presidential Memorandum visit:
https://www.whitehouse.gov/blog/2017/06/16/fact-sheet-cuba-policy.
https://www.treasury.gov/resource-center/sanctions/Programs/Documents/cuba_faqs_20170725.pdf
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