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Commerce and Treasury Departments Implement Changes to Cuba Sanctions Rules

FOR IMMEDIATE RELEASE

WASHINGTON – Today, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) unveiled amendments to the Cuban Assets Control Regulations (CACR) to further implement the President’s foreign policy on Cuba.  These amendments complement changes to the Department of Commerce’s Bureau of Industry and Security (BIS) Export Administration Regulations (EAR), which Commerce is also unveiling today.  These regulatory changes were announced on April 17, 2019, and include restrictions on non-family travel to Cuba.  

“Cuba remains communist, and the United States, under the previous administration, made too many concessions to one of our historically most aggressive adversaries,” said Commerce Secretary Wilbur Ross. “The Trump Administration recognizes the threat Cuba’s government poses in the region, and the Commerce Department is acting to limit commercial activity that provides revenue for the Cuban regime. Holding other countries accountable remains a focus for this Administration and we will remain vigilant.”

These actions mark a continued commitment towards implementing the National Security Presidential Memorandum signed by the President on June 16, 2017 titled “Strengthening the Policy of the United States Toward Cuba.”  These policies continue to work to channel economic activities away from the Cuban military, intelligence, and security services.  The Treasury changes will take effect on June 5, 2019 when the regulations are published in the Federal Register.

For the Treasury regulations, which can be found at 31 Code of Federal Regulations (CFR) part 515, see here.  For the Commerce regulations, which can be found at 15 CFR parts 730-774, see here.  Major elements of the changes in the revised regulations include:

Ending Group People-to-People Travel

  • In accordance with the newly announced changes to non-family travel to Cuba, OFAC is amending the regulations to remove the authorization for group people-to-people educational travel. OFAC’s regulatory changes include a “grandfathering” provision, which provides that certain group people-to-people educational travel that previously was authorized will continue to be authorized where the traveler had already completed at least one travel-related transaction (such as purchasing a flight or reserving accommodation) prior to June 4, 2019.

Ending Exports of Passenger Vessels, Recreational Vessels, and Private Aircraft

  • BIS, in coordination with OFAC, is amending its EAR to make passenger and recreational vessels and private and corporate aircraft ineligible for license exception and to establish a general policy of denial for license applications involving those vessels and aircraft.

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