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(6), (B) (7)(C) =Xecutive Director Cargo and Conveyance Security Office of Field Operations 1300 Pennsylvan ia Avenue NW Washingwn. DC 20229 U.S. Customs and Border Protection MAY O2 2018 MEMORA OUM FOR: I • . •• I . • I i i (b) (6), (b) FROM: (7)(C) (b) (6), (b) (7)(C) =xecutive Director Cargo and Conveyance Security Office of Field Operations SUBJECT: Cuba Trade and Travel Update As a result of President Trump's June 2017 ational Security Presidential Memorandum (NSPM) the policy toward Cuba has been strengthened for trade and travel to and from the island. Effecti ve ovember 2017, the Departments of State, Commerce and Treasury have updated their regulations to reflect the changes in policy toward Cuba based on the NSPM. For trade, the Bureau of [ndustry and Security (BIS) established a general policy of denial for license applications to export if for use by entities and sub-entities on the Cuba Restricted List unless the transaction is consistent with the NSPM. BIS also simplified and ex.panded its license exceptions that authorizes certain license free exports to the Cuban private sector. For People-to-People Travel • The Office Foreign Assets Control (OFAC) requires (1) all people-to-people non­ academic educational travel be conducted under the auspices of an organization that is subject to U.S. jurisdiction and that sponsors of such exchanges to promote people-to­ people contact, and (2) such travelers be accompanied by a person subject to U.S. jurisdiction who is a representative of the sponsoring organization. Individual people-to­ people non-academic educational travel will no longer be authorized. Educational Travel • Americans engaging in certain authorized educational travel will now be required to do so under the auspices of an organization subject to U.S. jurisdiction. • The authorized travelers will be required to be accompanied by a person subject to U.S. jurisdiction, who is a representative of the sponsoring organization, unless the traveler is the representative and obtains a certification letter from the sponsoring organization. AILA Doc. No. 19062867. (Posted 6/28/19) Page 2 Cuba Trade and Travel Updates Support of the Cuban People • OF AC is requiring that each traveler in the trave l category engaged in a fu ll-time schedule of activity that results in meaningful interaction with individuals in Cuba. Such activities must also enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people's independence from the Cuban authorities. Renting a room in a private residence (Casa particular), eating at a privately owned restaurant (paladares) and shopping at privately owned stores run by self-employed Cuban (cuentapropistas) are examples of authorized activities. However, in order to meet the requirement of a full-time schedule, a traveler must engage in additional activities. Attached is the Department of State's Cuba Restricted List with which direct financial transactions are prohibited. Due to the changes in the definition of the term "prohibited offi cials of the Government of Cuba", three license exceptions are affected: Gift parcels and humanitarian donations (GFT), Consumer Communication Devices (CCD), and the Support for the Cuban People (SCP). In each of these license exceptions goods going to Cuba may not be shipped to Ineligible Cuba Government Officials. Attached is a muster fo r all CBP personnel responsible for processing aircraft or vessels coming from or going to Cuba. The muster is to be provided to all CBP personnel upon receipt of this memorandum. Also attached is a list of OFAC Frequently Asked Questions deal ing with trade and travel to and from Cuba. Questions about the BIS licensing policy or the OF AC general licenses for Cuba should be directed to Mr. (b) (6), (b) (7)(C) Branch Chief, Outbound Enforcement and Policy at (b) (6), (b) (7)(C) or by phone at (b) (6), (b) (7)(C) Attachments AILA Doc. No. 19062867. (Posted 6/28/19) Weekly Muster Week of Muster: March 19, 2018 Topic: Cuba Trade and Travel Updates Headquarters POC: (b) (6), (b) (7)(C) Office: Office of Field Operations Message: Based on President Trump’s National Security Presidential Memorandum, the Departments of State, Commerce and Treasury have updated their respective regulations to reflect the impact of the policy change on trade and travel to or from Cuba. For trade, the Bureau of Industry and Security (BIS) established a general policy of denial for license applications to export if for use by entities and sub-entities on the Cuba Restricted List unless the transaction is consistent with the NSPM. BIS also simplified and expanded its license exceptions that authorizes certain license free exports to the Cuban private sector. For People-to-People Travel • The Office Foreign Assets Control (OFAC) requires (1) all people-to-people non- academic educational travel be conducted under the auspices of an organization that is subject to U.S. jurisdiction and that sponsors of such exchanges to promote people-to-people contact, and (2) such travelers be accompanied by a person subject to U.S. jurisdiction who is a representative of the sponsoring organization. Individual people-to-people non-academic educational travel will no longer be authorized. Educational Travel • Americans engaging in certain authorized educational travel will now be required to do so under the auspices of an organization subject to U.S. jurisdiction. • The authorized travelers will be required to be accompanied by a person subject to U.S. jurisdiction, who is a representative of the sponsoring organization, unless the traveler is the representative and obtains a certification letter from the sponsoring organization. Support of the Cuban People • OFAC is requiring that each traveler in the travel category engaged in a full-time schedule of activity that results in meaningful interaction with individuals in Cuba. Such activities must also enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from the Cuban authorities. Renting a room in a private residence (Casa particular), eating at a privately owned restaurant (paladares) and shopping at privately owned stores run by self-employed Cuban (cuentapropistas) are examples of authorized activities. However, in order to meet the requirement of a full-time schedule, a traveler must engage in additional activities. Attached is the Department of State’s Cuba Restricted List with which direct financial transactions are prohibited. Due to the changes in the definition of the term “prohibited officials of the Government of Cuba”, three license exceptions are affected: Gift parcels and humanitarian donations (GFT), Consumer Communication Devices (CCD), and the Support for the Cuban AILA Doc. No. 19062867. (Posted 6/28/19) People (SCP). In each of these license exceptions goods going to Cuba may not be shipped to Ineligible Cuba Government Officials If you have any questions, please contact Mr.(b) (6), (b) (7)(C)Outbound Enforcement and Policy Branch Chief, at(b) (6), (b) (7)(C)or via email at (b) (6), (b) (7)(C) Prepared: (b) (6), (b) (7)(C) Outbound Policy and Enforcement Branch Chief Phone: (b) (6), (b) (7)(C) Date: March 19, 2018 AILA Doc. No. 19062867. (Posted 6/28/19) UPDATED NOVEMBER 8, 2017 U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL FREQUENTLY ASKED QUESTIONS RELATED TO CUBA This document is explanatory only, does not have the force of law, and does not supplement or modify the Executive Orders, statutes, or regulations relating to Cuba. Where specific questions arise about applicability, scope, impact, or any other aspects of these sanctions, it is the responsibility of individuals or entities seeking guidance to review the relevant statutes, regulations, and Executive Orders, and, if appropriate, consult with legal counsel. I. Embargo II. Travel III. Travel and Carrier Services IV. Remittances V. Banking VI. Trade/Business VII. Telecommunications VIII. Third-Country Effects IX. Miscellaneous I. Embargo 1. Where can I find the most recent amendments to the Cuban Assets Control Regulations (CACR)? See the Federal Register. 2. When are the most recent amendments to the CACR effective? The most recent amendments will become effective when published in the Federal Register on November 9, 2017. 3. Are sanctions on Cuba still in place following the June 16, issuance of the National Security Presidential Memorandum (NSPM) on Strengthening the Policy of the United States Toward Cuba? Yes, the Cuba embargo remains in place. Most transactions between the United States, or persons subject to U.S. jurisdiction, and Cuba continue to be prohibited, and OFAC continues to enforce the prohibitions of the CACR. OFAC is issuing regulatory amendments to implement the changes to the Cuba sanctions program outlined in the NSPM. Specifically, OFAC is issuing changes to: restrict persons subject to U.S. jurisdiction from engaging in direct financial transactions with entities and subentities identified on the State Department’s List of Restricted Entities and Subentities Associated with Cuba (“Cuba Restricted List”), with certain exceptions; add requirements to certain categories of educational travel; remove the authorization for individual people-to-people educational travel; add requirements to the travel authorization Support for the Cuban People; and amend the definition of “Prohibited officials of the Government of Cuba.” 1 AILA Doc. No. 19062867. (Posted 6/28/19) UPDATED NOVEMBER 8, 2017 4. Is the Department of Commerce also amending its regulations? Yes. The Department of Commerce’s Bureau of Industry and Security (BIS), in coordination with OFAC, is also amending its Export Administration Regulations (EAR) (15 CFR Parts 730- 774) to implement the NSPM on November 9, 2017. The BIS rule amends the licensing policy for Cuba and portions of three license exceptions available for exports and reexports to Cuba. For additional information, see BIS’s Cuba webpage. II. Travel For questions regarding travel and accompanied baggage between the United States and Cuba, see the specific guidance on OFAC’s webpage.
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