U.S. DEPARTMENT OF THE TREASURY
OFFICE OF FOREIGN ASSETS CONTROL
FREQUENTLY ASKED QUESTIONS RELATED TO CUBA
https://www.treasury.gov/resource-center/sanctions/Programs/Documents/cuba_faqs_new.pdf
3. What do the June 5, 2019 amendments to the CACR do?
Effective June 5, 2019, a regulatory amendment to the CACR removes an authorization for people-to-people educational travel that was conducted under the auspices of an organization that is subject to U.S. jurisdiction and that sponsors such exchanges to promote people-to-people contact (group people-to-people educational travel). This amendment also includes a grandfather clause authorizing certain group people-to-people educational travel that previously was authorized where the traveler has already completed at least one travel-related transaction (such as purchasing a flight or reserving accommodation) prior to June 5, 2019....
7. Do travelers who fall within the scope of a general license need to submit a written request to OFAC for permission to travel or conduct transactions?
No. No further permission from OFAC is required to engage in transactions by a person who meets all criteria in a general license. Individuals wishing to engage in activities that may fall within the scope of a general license should review the relevant general licenses contained in the CACR to determine whether their travel-related transactions are covered by such general licenses. Persons subject to U.S. jurisdiction who wish to engage in any travel within the 12 categories of activities specified in the CACR that does not meet the requirements of a general license will need to apply for a specific license from OFAC. [11-08-2017]
11. What constitutes generally authorized travel-related transactions for “professional
research” and “professional meetings” in Cuba?
OFAC has issued an expanded general license that incorporates prior specific licensing policy
and authorizes, subject to conditions, travel-related transactions and other transactions that are
directly incident to professional research in Cuba. Among other things, this general license
authorizes, subject to conditions, professional research in Cuba relating to a traveler’s profession,
professional background, or area of expertise. In accordance with the NSPM, OFAC is amending
this general license to exclude from the authorization direct financial transactions with entities
and subentities identified on the State Department’s Cuba Restricted List. The traveler’s schedule
of activities must not include free time or recreation in excess of that consistent with a full-time
schedule. An entire group does not qualify for the general license merely because some members
of the group qualify individually. For a complete description of what this general license
authorizes and the restrictions that apply, see 31 CFR § 515.564.
OFAC has issued an expanded general license that incorporates prior specific licensing policy
and authorizes, subject to conditions, travel-related transactions and other transactions that are
directly incident to attendance at, or organization of, professional meetings in Cuba. Among
other things, this general license authorizes, subject to conditions, attendance at professional
meetings or conferences in Cuba relating to a traveler’s profession, professional background, or
area of expertise, as well as organization of such meetings by a traveler whose profession is
related to the organization of professional meetings or conferences or who is an employee or
contractor of an entity that is organizing the professional meeting or conference. In accordance
with the NSPM, OFAC is amending this general license to exclude from its authorization direct
financial transactions with entities and subentities identified on the State Department’s Cuba
Restricted List. Travel in this category is generally licensed 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. An entire group does not qualify for the general license merely because some members
of the group qualify individually. For a complete description of what this general license
authorizes and the restrictions that apply, see 31 CFR § 515.564. [11-08-2017]
12. What constitutes “educational activities” for generally authorized travel and other
transactions?
OFAC amended the general license for educational activities in accordance with the NSPM
process to authorize travel that was permitted by regulation on January 27, 2011. In addition,
OFAC added requirements for certain categories of authorized educational travel that were not
permitted by regulation on January 27, 2011 to require that all such travel be conducted under the
auspices of an organization that is a person subject to U.S. jurisdiction. In addition, travelers
utilizing this authorization must be accompanied by a person subject to U.S. jurisdiction who is a
representative of the sponsoring organization. In certain cases where the traveler is an employee,
paid consultant, agent, or other representative traveling individually (not as part of a group), the
individual may obtain a certification letter from the sponsoring organization. For a complete
description of what such a letter must include and which categories of educational travelers may
utilize this authorization, see 31 CFR § 515.565(a)(2).
Among other things, this general license authorizes, subject to conditions, faculty, staff, and
students at U.S. academic institutions and secondary schools to engage in certain educational
activities, including study abroad programs, in Cuba, Cuban scholars to engage in certain
educational activities in the United States, and certain activities to facilitate licensed educational
programs. U.S. and Cuban universities may engage in academic exchanges and joint noncommercial academic research under the general license. This provision also authorizes persons
subject to U.S. jurisdiction to provide standardized testing services and certain internet-based
courses to Cuban nationals. For a complete description of what this general license authorizes
and the restrictions that apply, see 31 CFR § 515.565.
In accordance with the NSPM, on November 9, 2017, OFAC amended this general license to
exclude from the authorization direct financial transactions with entities and subentities identified
on the State Department’s Cuba Restricted List. For a description of the scope of the prohibition
on direct financial transactions and the restrictions and exceptions that apply, see 31 CFR
§ 515.209. Effective June 5, 2019, OFAC removed the authorization for group people-to-people
educational travel. (See FAQ 15 below.) [06-04-2019]
14. Are secondary schools and secondary school students permitted to engage in travel-related
transactions under the general license for “educational activities”?
Yes. Educational exchanges, including study abroad programs, sponsored by Cuban or U.S.
secondary schools involving secondary school students’ participation in a formal course of study
or in a structured educational program offered by a secondary school or other academic
institution, and led by a teacher or other secondary school official are authorized. Such
exchanges must take place under the auspices of an organization that is a person subject to U.S.
jurisdiction, and a person subject to U.S. jurisdiction who is an employee, paid consultant, agent,
or other representative of the sponsoring organization (including the leading teacher or secondary
school official) must accompany each group traveling to Cuba. For a complete description of
what this general license authorizes and the restrictions that apply, see 31 CFR
§ 515.565(a)(2)(vi). This authorization allows for participation of a reasonable number of adult
chaperones to accompany the secondary school students to Cuba. [11-08-2017]
15. What constitutes “people-to-people travel” and is it generally authorized?
Effective June 5, 2019, there is no general license authorizing people-to-people educational
activities in Cuba. The term “people-to-people travel” refers to an authorization, subject to
conditions, for persons subject to U.S. jurisdiction to engage in certain educational exchanges in
Cuba on an individual basis or under the auspices of an organization that is a person subject to
U.S. jurisdiction and sponsors such exchanges to promote people-to-people contact.
On November 9, 2017, in accordance with the NSPM, OFAC amended the general license for
people-to-people educational activities in Cuba to remove the authorization for individual peopleto-people educational travel. Effective June 5, 2019, in further accordance with the President’s
foreign policy toward Cuba announced in April 2019, OFAC removed the authorization for group
people-to-people educational travel in § 515.565(b). There is a grandfather provision in
§ 515.565(b) that authorizes certain group people-to-people educational travel that previously was
authorized where the traveler has completed at least one travel-related transaction (such as
purchasing a flight or reserving accommodation) prior to June 5, 2019. For a complete
description of what this general license authorizes and the restrictions that apply, see 31 CFR
§ 515.565.
The export or reexport to Cuba of items subject to the EAR, including vessels and aircraft used to
provide carrier services, requires separate authorization from the Department of Commerce. See
31 CFR § 515.533. For additional information regarding BIS’s regulatory amendments, see
BIS’s Cuba webpage. [06-04-2019]
16. What is an “organization” in the people–to-people context? Are such organizations
required to apply to OFAC for a specific license?
Effective June 5, 2019, in further accordance with the President’s foreign policy toward Cuba
announced in April 2019, OFAC removed the authorization for group people-to-people
educational travel in § 515.565(b). There is a grandfather provision in § 515.565(b) that
authorizes certain group people-to-people educational travel that previously was authorized where
the traveler has already completed at least one travel-related transaction (such as purchasing a
flight or reserving accommodation) prior to June 5, 2019. For purposes of that grandfather clause
only, an “organization” is an entity subject to U.S. jurisdiction that sponsors educational
exchanges that do not involve academic study pursuant to a degree program and that sponsors
such exchanges to promote people-to-people contact. To the extent proposed travel falls within
the scope of the grandfather provision for group people-to-people educational travel,
organizations 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 available. For a complete
description of what this general license authorizes and the restrictions that apply, see 31 CFR
§ 515.565(b). OFAC will apply a policy of denial with respect to applications for a specific
license authorizing prohibited people-to-people travel and related transactions effective June 5,
2019. [06-04-2019]
17. What is individual people-to-people travel and who may engage in travel-related
transactions for such travel?
Individual people-to-people travel is educational exchange travel that: (i) does not involve
academic study; 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. On
November 9, 2017, in accordance with the NSPM, OFAC amended the general license for
people-to-people educational activities in Cuba to remove the authorization for individual peopleto-people educational travel. [06-04-2019]
18. Who is generally authorized to engage in travel-related transactions for “religious
activities”?
OFAC has issued an expanded general license that incorporates prior specific licensing policy
and authorizes, subject to conditions, travel-related transactions and other transactions that are
directly incident to religious activities in Cuba. All persons subject to U.S. jurisdiction, including
religious organizations located in the United States and members and staff of such organizations,
are generally authorized to engage in travel-related transactions that are directly incident to
engaging in religious activities in Cuba provided, among other things, that the travel must be for
the purpose of engaging in a program of religious activities. In accordance with the NSPM,
OFAC is amending this general license to exclude from the authorization direct financial
transactions with entities and subentities identified on the State Department’s Cuba Restricted
List. The traveler’s schedule of activities must not include free time or recreation in excess of
that consistent with a full-time schedule in Cuba. For a complete description of what this general
license authorizes and the restrictions that apply, see 31 CFR § 515.566. [11-08-2017]
19. What constitutes “public performances, clinics, workshops, athletic and other competitions,
and exhibitions” for generally authorized travel?
OFAC has issued an expanded general license that incorporates prior specific licensing policy
and authorizes, subject to conditions, travel-related transactions and other transactions that are
directly incident to organization of and participation in amateur and semi-professional
international sports federation competitions as well as other athletic and other competitions and
public performances, clinics, workshops, and exhibitions in Cuba. In accordance with the
NSPM, OFAC is amending this general license to exclude from the authorization direct financial
transactions with entities and subentities identified on the State Department’s Cuba Restricted
List. For a complete description of what this general license authorizes and the restrictions that
apply, see 31 CFR § 515.567. [11-08-2017]
20. What constitutes “support for the Cuban people” for generally authorized travel and other
transactions?
This general license authorizes, subject to conditions, travel-related transactions and other
transactions that are intended to provide support for the Cuban people, which include activities of
recognized human rights organizations; independent organizations designed to promote a rapid,
peaceful transition to democracy; and individuals and non-governmental organizations that
promote independent activity intended to strengthen civil society in Cuba. In accordance with the
NSPM, OFAC is amending this general license to require that each traveler utilizing this
authorization engage in a full-time schedule of activities that enhance contact with the Cuban
people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban
authorities and that result in meaningful interactions with individuals in Cuba. OFAC is also
amending this general license to exclude from the authorization certain direct financial
transactions with entities and subentities identified on the State Department’s Cuba Restricted
List. The traveler’s schedule of activities must not include free time or recreation in excess of
that consistent with a full-time schedule in Cuba. For a complete description of what this general
license authorizes and the restrictions that apply, see 31 CFR § 515.574. [11-08-2017]
21. What constitutes “humanitarian projects” for generally authorized transactions, including
travel-related transactions?
OFAC has issued a general license that incorporates prior specific licensing policy and
authorizes, subject to conditions, transactions, including travel-related transactions, that are
related to humanitarian projects in or related to Cuba. These authorized humanitarian projects
are: 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; communitybased 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 31
CFR § 515.208; and projects to meet basic human needs. For persons traveling pursuant to this
authorization, the traveler’s schedule of activities must not include free time or recreation in
excess of that consistent with a full-time schedule in Cuba. For a complete description of what
this general license authorizes and the restrictions that apply, see 31 CFR § 515.575. [11-08-
2017]
22. What constitutes “activities of private foundations or research or educational institutes” for
generally authorized travel?
OFAC has issued a general license that incorporates previous specific licensing policy and
authorizes, subject to conditions, travel-related transactions and other transactions that are
directly incident to activities by private foundations or research or educational institutes with an
established interest in international relations to collect information related to Cuba for
noncommercial purposes, among other things. In accordance with the NSPM, OFAC is
amending this general license to exclude from the authorization direct financial transactions with
entities and subentities identified on the State Department’s Cuba Restricted List. The traveler’s
schedule of activities must not include free time or recreation in excess of that consistent with a
full-time schedule in Cuba. For a complete description of what this general license authorizes
and the restrictions that apply, see 31 CFR § 515.576.
Additionally, effective March 16, 2016, OFAC expanded an existing general license to authorize
private foundations or research or educational institutes engaging in authorized transactions to
establish a physical presence in Cuba, such as an office. For a complete description of what this
general license authorizes and the restrictions that apply, see 31 CFR § 515.573(b). [11-08-2017]
Text of Regulations
31 CFR § 515.565 Educational activities.
(a)General license for educational activities.
(1) Accredited U.S. undergraduate or graduate degree-granting academic institutions, their students enrolled in an undergraduate or graduate degree program at the institution, and their full-time permanent employees, are authorized to engage, under the auspices of the institutions, in transactions, including the travel-related transactions set forth in § 515.560(c), that are directly incident to the following activities:
(i) Participation in a structured educational program in Cuba as part of a course offered at the U.S. institution, provided the program includes a full term, and in no instance includes fewer than 10 weeks, of study in Cuba. An individual planning to engage in such transactions must obtain a letter from the U.S. institution stating that the individual is a student currently enrolled in an undergraduate or graduate degree program at the institution, or is a full-time permanent employee of the institution, and that the Cuba-related travel is part of a structured educational program of the U.S. institution that will be no shorter than 10 weeks in duration;
(iii) 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 undergraduate or graduate degree at the U.S. institution and provided that the course of study is no shorter than 10 weeks in duration.
(i) Participation in a structured educational program in Cuba as part of a course offered for credit by a U.S. graduate or undergraduate degree-granting academic institution that is sponsoring the program;
(ii) Noncommercial academic research in Cuba specifically related to Cuba and for the purpose of obtaining an undergraduate or graduate degree;
(iii) 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;
(vi) Educational exchanges sponsored by Cuban or U.S. secondary schools involving secondary school students' participation in a formal course of study or in a structured educational program offered by a secondary school or other academic institution and led by a teacher or other secondary school official. This includes participation by a reasonable number of adult chaperones to accompany the secondary school students to Cuba;
(vii) Sponsorship or co-sponsorship of non-commercial academic seminars, conferences, symposia, and workshops related to Cuba or global issues involving Cuba and attendance at such events by faculty, staff, and students of a participating U.S. academic institution;
(viii) Establishment of academic exchanges and joint non-commercial academic research projects with universities or academic institutions in Cuba;
(xii) Facilitation by an organization that is a person subject to U.S. jurisdiction, or a member of the staff of such an organization, of licensed educational activities in Cuba on behalf of U.S. academic institutions or secondary schools, provided that:
(A) The organization is directly affiliated with one or more U.S. academic institutions or secondary schools; and
(B) The organization facilitates educational activities that meet the requirements of one or more of the general licenses set forth in paragraphs (a)(1)(i) through (iii), (a)(2)(i) through (iii), and (a)(2)(vi) of this section.
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NAFSA: Travel to Cuba - Implications for Education Abroad Programs
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31 CFR § 515.574 - Support for the Cuban People.
§ 515.574 Support for the Cuban People.
(a)General license. The travel-related transactions set forth in § 515.560(c) and other transactions that are intended to provide support for the Cuban people are authorized, provided that:
(1) The activities are of:
(i) Recognized human rights organizations;
(ii) Independent organizations designed to promote a rapid, peaceful transition to democracy; or
(iii) Individuals and non-governmental organizations that promote independent activity intended to strengthen civil society in Cuba; and
(2) Each traveler engages in a full-time schedule of activities that:
(i) Enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people's independence from Cuban authorities; and
(ii) Result in meaningful interaction with individuals in Cuba.
(3) The traveler's schedule of activities does not include free time or recreation in excess of that consistent with a full-time schedule.
Note 1 to paragraph (A):
Note 2 to paragraph (A):
Staying in a room at a rented accommodation in a private Cuban residence (casa particular), eating at privately-owned Cuban restaurants (paladares), and shopping at privately-owned stores run by self-employed Cubans (cuentapropista) are examples of activities that qualify for this general license. However, in order to meet the requirement for a full-time schedule, a traveler must engage in additional authorized Support for the Cuban People activities.
Example 1 to § 515.574:
An individual plans to travel to Cuba, stay in a room at a rented accommodation in a private Cuban residence (casa particular), eat at privately-owned Cuban restaurants (paladares), and shop at privately-owned stores run by self-employed Cubans (cuentapropista) during his or her four-day trip. While at the casa particular, the individual will have breakfast each morning with the Cuban host and engage with the Cuban host to learn about Cuban culture. In addition, the traveler will complete his or her full-time schedule by supporting Cuban entrepreneurs launching their privately-owned businesses. The traveler's activities promote independent activity intended to strengthen civil society in Cuba. Because the individual's qualifying activities are not limited to staying in a room at a rented accommodation in a private Cuban residence (casa particular), eating at privately-owned Cuban restaurants (paladares), and shopping at privately owned stores run by self-employed Cubans (cuentapropista) and the traveler maintains a full-time schedule that enhances contact with the Cuban people, supports civil society in Cuba, and promotes the Cuban people's independence from Cuban authorities, and that results in meaningful interaction between the traveler and Cuban individuals, the individual's travel qualifies for the general license.
Example 2 to § 515.574:
A group of friends plans to travel and maintain a full-time schedule throughout their trip by volunteering with a recognized non-governmental organization to build a school for underserved Cuban children with the local community. In their free time, the travelers plan to rent bicycles to explore the streets of Havana and visit an art museum. The travelers' trip would qualify for the general license because the volunteer activities promote independent activity intended to strengthen civil society in Cuba and constitute a full-time schedule that enhances contact with the Cuban people and supports civil society in Cuba, and results in meaningful interaction between the travelers and individuals in Cuba.
Example 3 to § 515.574:
An individual plans to travel to Cuba, rent a bicycle to explore the neighborhoods and beaches, and engage in brief exchanges with local beach vendors. The individual intends to stay at a hotel that does not appear on the Cuba Restricted List (see § 515.209). The traveler's trip does not qualify for this general license because none of these activities promote independent activity intended to strengthen civil society in Cuba.
[80 FR 2299, Jan. 16, 2015, as amended at 82 FR 52003, Nov. 9, 2017]
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