Q: What is the current status of U.S. sanctions on Cuba?
A: The U.S. maintains a comprehensive embargo on trade with Cuba, though there have been some modifications over time. Exports and reexports of U.S.-origin items to Cuba generally require a license from the Bureau of Industry and Security (BIS) unless authorized by a specific license exception. The Department of the Treasury's Office of Foreign Assets Control (OFAC) also administers sanctions under the Cuban Assets Control Regulations (CACR). Most export/reexport transactions require authorization from both BIS and OFAC.
Q: Where can I find the official U.S. government regulations regarding exports to Cuba?
Bureau of Industry and Security (BIS) - U.S. Department of Commerce: The BIS website provides detailed information on the Export Administration Regulations (EAR) pertaining to Cuba. Look for "Cuba export controls - Licensing."
Office of Foreign Assets Control (OFAC) - U.S. Department of the Treasury: OFAC's website offers information on the Cuban Assets Control Regulations (CACR), including general and specific licenses.
eCFR (Electronic Code of Federal Regulations): Specifically, 31 CFR 515.533 and related sections cover exportations and reexportations to
Q: Are there any specific acts or laws that govern U.S. trade with Cuba?
A: Yes, key legislation includes the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA), the Cuban Democracy Act of 1992, and the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Helms-Burton Act).
Q: What is the "Cuba Restricted List"?
A: The U.S. Department of State maintains a "Cuba Restricted List" of entities and subentities with which direct financial transactions are generally prohibited. It's crucial to check this list regularly as it can be updated.
Types of Exports & Licenses
Q: What types of items are generally approved for export to Cuba?
A: Generally, items intended to improve the living conditions of the Cuban people, support independent economic activity, strengthen civil society, and improve the free flow of information are more likely to be approved. This can include:
Medicines and medical devices (generally approved).
Telecommunications items that improve communication to, from, and among the Cuban people.
Items for the safety of civil aviation and commercial aircraft operations.
Items for environmental protection, renewable energy, or energy
Q: What are "License Exceptions" and how do they apply to Cuba?
A: License Exceptions are specific authorizations in the EAR that allow for the export or reexport of certain items to Cuba without needing an individual validated license, provided all conditions of the exception are met. Examples include:
License Exception Support for the Cuban People (SCP): Authorizes certain items for specific end uses and end users that benefit the Cuban
License Exception Agricultural Commodities (AGR): Authorizes the export of U.S.-origin agricultural commodities under specific
License Exception Aircraft, Vessels, and Spacecraft (AVS): May apply to certain aircraft and vessels on temporary sojourn to
Q: Is there a general policy of denial for exports to Cuba?
A: Yes, generally, license applications for the export or reexport of items to Cuba are subject to a policy of denial unless otherwise specified by a license exception or a specific approval policy.
Q: How do I determine if my product requires an export license?
A: You need to determine your product's Export Control Classification Number (ECCN) and refer to the Commerce Control List (CCL) in the EAR. Even EAR99 items (subject to the EAR but not on the CCL) may require authorization for Cuba. You should also check OFAC regulations.
Export Process & Compliance
Q: What is an Electronic Export Information (EEI) filing, and is it required for Cuba
A: An EEI filing through the Automated Export System (AES) is generally required for most U.S. exports, including to Cuba, unless an exemption applies. This provides export data to the U.S. Census Bureau.
Q: What about financial transactions related to Cuba exports?
A: While OFAC has issued a general license for transactions ordinarily incident to BIS-authorized exports, specific OFAC licenses may be required in some cases, particularly for foreign- made items or transactions involving certain entities. Be aware of payment terms, which can be challenging (e.g., 360 to 720 days on unconfirmed letters of credit).
Q: Are there restrictions on who I can export to in Cuba?
A: Yes, there are significant restrictions, particularly on transactions with Cuban state-owned enterprises or agencies. The focus is on supporting the Cuban people and independent private sector.
Q: What kind of documentation do I need to keep for compliance?
A: Maintaining thorough records of all transactions, due diligence performed, and authorizations obtained is critical for demonstrating compliance with U.S. export control
Cuban Import Regulations
Q: What are Cuba's general import regulations?
A: Cuba has its own customs regulations and import restrictions. These can include limits on luggage weight, prohibited items (e.g., certain household appliances), and requirements for specific declarations for cash or certain electronic equipment.
Q: Are there specific goods that independent Cuban entrepreneurs are authorized to import from the U.S.?
A: Yes, the U.S. Department of State maintains a "Section 515.582 List" of certain goods and services produced by independent Cuban entrepreneurs that are authorized for importation into the United States. This list is subject to change. While this pertains to imports into the US from Cuba, it's relevant for understanding the landscape of authorized private sector activity in Cuba.
Q: What about customs duties and processes in Cuba?
A: Cuba has a system of customs duties, and rates can vary. Travelers and importers are often required to complete a "D'VIAJEROS" advance travel information form online before
