FOREIGN ASSETS CONTROL ACT

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1

COMPREHENSIVE GUIDELINES FOR LICENSE APPLICATIONS

TO ENGAGE IN

TRAVEL-RELATED TRANSACTIONS INVOLVING CUBA

2

TABLE OF CONTENTS

Page Nos.

Introduction

3

General Licenses

5

Specific Licenses

6

How to Apply for a Specific License

6

Requests for Extensions or Renewals of Specific Licenses

7

Overview of General and Specific License Categories

8

Applications Guidelines for Specific License Categories of Travel-related Transactions

1.

Visiting Close Relatives

13

2.

Journalistic Activities

17

3.

Professional Research and Meetings

20

4.

Academic Activities

26

5.

Religious

32

6.

Public Performances, Clinics, Workshops,

39

Competitions, and Exhibitions

7.

Support for the Cuban People

45

8.

Humanitarian Projects

48

9.

Private Foundations and Educational and

52

Research Institutes

10.

Exportation/Importation of Information and

55

Informational Materials

11.

Licensed Exportations

61

Appendix

Arranging Authorized Travel to Cuba

72

Authorized Travel-related Transactions

72

Authorized Exportation and Importation of

73

Merchandise for Personal Use

Authorized Travel-Related Transactions (§ 515.560 (c))

74

55

Informational Materials

11.

Licensed Exportations

61

Appendix

Arranging Authorized Travel to Cuba

72

Authorized Travel-related Transactions

72

Authorized Exportation and Importation of

73

Merchandise for Personal Use

Authorized Travel-Related Transactions (§ 515.560 (c))

74

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Introduction

The Cuban Assets Control Regulations, 31 CFR part 515 (the

“Regulations”), administered by the U.S. Treasury Department’s

Office of Foreign Assets Control (“OFAC”), prohibit persons

subject to the jurisdiction of the United States from engaging

in transactions in which Cuba or a Cuban national has any

interest whatsoever, direct or indirect, including transactions

related to travel. OFAC’s authority to license Cuba travel-

related transactions was restricted by section 910 of the Trade

Sanctions Reform and Export Enhancement Act of 2000, Pub. L. No.

387, 114 Stat. 1549, 1549A-71-72 (“TSRA”), which provides that

OFAC may only license travel-related transactions involving

activities “. . . expressly authorized in paragraphs (1) through

(12) of section 515.560 of title 31, Code of Federal

Regulations, or in any section referred to in any of such

paragraphs (1) through (12) (as such sections were in effect on

June 1, 2000).” Any activity falling outside of these twelve

categories is defined in this section of the TSRA as “tourism”

and may not be the basis for issuing such a license. This

statutory restriction was incorporated into the Regulations in

section 515.560(b). See 66 Fed. Reg. 36687-88, July 12, 2001.

Within the confines of TSRA and current licensing policy, these

Comprehensive Guidelines for License Applications to Engage in

Travel-Related Transactions Involving Cuba (the “Application

Guidelines”), are intended to promote the transparency,

timeliness, and consistency of OFAC licensing determinations

into the Regulations in

section 515.560(b). See 66 Fed. Reg. 36687-88, July 12, 2001.

Within the confines of TSRA and current licensing policy, these

Comprehensive Guidelines for License Applications to Engage in

Travel-Related Transactions Involving Cuba (the “Application

Guidelines”), are intended to promote the transparency,

timeliness, and consistency of OFAC licensing determinations.

The Application Guidelines are also intended to assist persons

who wish to engage in travel-related transactions involving Cuba

in making their own determinations as to whether their travel

falls into one of the general license categories (no application

needed) and, if not, to assess whether their activities might

fall within one of the eleven categories for which a specific

license may be granted (application required). The Application

Guidelines do not represent any shift in U.S. foreign policy,

but are intended to establish reliable, defined parameters for

the application process to ensure that qualifying travel-related

transactions are authorized while reducing the potential for

illegal touristic activities.

The Application Guidelines contain a brief overview of the

twelve categories describing activities for which travel-related

transactions either: 1) are authorized pursuant to a general

license, or 2) may be authorized pursuant to a specific license.

The Application Guidelines then address each of the eleven

categories of activities for which a specific license may be

ristic activities.

The Application Guidelines contain a brief overview of the

twelve categories describing activities for which travel-related

transactions either: 1) are authorized pursuant to a general

license, or 2) may be authorized pursuant to a specific license.

The Application Guidelines then address each of the eleven

categories of activities for which a specific license may be

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issued in the order in which it is listed in § 515.560(a) and

set forth the criteria that must be adequately addressed by each

applicant. Examples and other information are also included

under most categories, as well as the address to which

applications should be sent. The text of the relevant

provision(s) of the Regulations for each category of travel is

provided immediately following the contact information in the

Application Guidelines for each category for ease of reference.

The Appendix at the end of the Application Guidelines discusses

the arrangement of authorized travel, authorized transactions

incident to travel, and the authorized exportation and

importation of merchandise in conjunction with authorized

travel. The Appendix also sets forth relevant regulatory text.

The Application Guidelines should not be relied upon as a

substitute for the Regulations. It is the responsibility of

individuals wishing to engage in travel-related transactions

involving Cuba to demonstrate or document that their proposed

activities in Cuba fall into one of the general or specific

license categories of activities listed in section 515.560(a)

and related sections of the Regulations, and, with respect to

qualification for specific licenses, meet the application

criteria set forth in the Application Guidelines.

Applications that fail to identify an applicable category of

licensable activity or fail to adequately address the

application criteria relevant to that category will be denied.

OFAC will only process fully-completed applications

d sections of the Regulations, and, with respect to

qualification for specific licenses, meet the application

criteria set forth in the Application Guidelines.

Applications that fail to identify an applicable category of

licensable activity or fail to adequately address the

application criteria relevant to that category will be denied.

OFAC will only process fully-completed applications.

Authorization to engage in travel-related transactions involving

Cuba is not transferable, and specific licenses are not granted

as a matter of right. Authorization under either a general or

specific license extends only to the individual(s) who qualifies

under the applicable criteria, and not to non-qualifying spouses

or other family members or friends.

Travel-related transactions involving Cuba that are not

authorized under a general or specific license contained in or

issued pursuant to the Regulations are prohibited and subject to

enforcement and penalty provisions set forth in the Regulations

and in OFAC’s Enforcement Guidelines. See: 68 FR 4422, January

29, 2003. Individuals who plan to avoid engaging in

transactions in Cuba by being fully hosted by a non-U.S. party

must be able to meet all of the requirements in § 515.420 of the

Regulations, which are available under the legal section on

OFAC’s Internet website at www.treas.gov/ofac (See 31 CFR

515.420)

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These Application Guidelines supercede and replace any licensing

application guidelines previously issued by OFAC concerning

travel to Cuba pursuant to any of the twelve listed travel

categories. The Application Guidelines may be amended or

modified from time to time as circumstances warrant. Please

always refer to the current version of the Application

Guidelines as set forth on OFAC’s website.

General Licenses

The Regulations currently contain five general licenses

authorizing travel-related transactions involving Cuba

pursuant to any of the twelve listed travel

categories. The Application Guidelines may be amended or

modified from time to time as circumstances warrant. Please

always refer to the current version of the Application

Guidelines as set forth on OFAC’s website.

General Licenses

The Regulations currently contain five general licenses

authorizing travel-related transactions involving Cuba. General

licenses constitute blanket authorization for those transactions

set forth in the relevant general license regulation and are

self-selecting and self-executing. No further permission from

OFAC is required to engage in transactions covered by that

general license. Individuals wishing to engage in travel-

related transactions involving Cuba relevant to:

1) visiting Cuban-national close relatives once during any

consecutive twelve-month period;

2) official government travel by officials of the U.S.

Government, foreign governments and international

organizations of which the United States is a member;

3) journalism by journalists regularly employed in that

capacity by a news reporting organization, including

supporting broadcast or technical personnel;

4) full-time professional research conducted by

professionals in their professional areas, or attendance at

certain professional meetings or conferences; or

5) athletic competition by certain amateur or semi-

professional athletic teams,

should first review the general license categories to see if

their activities are covered by a general license. Specific

licenses shall not be issued authorizing transactions that are

authorized pursuant to the provisions of a general license.

See: 31 CFR § 501.801(a). If individuals determine that their

activities fall into one of the general license categories,

those individuals must be able to document that their travel

qualifies under the general license category and must keep

records that may be furnished to OFAC or other law enforcement

officials (e.g., U.S

t are

authorized pursuant to the provisions of a general license.

See: 31 CFR § 501.801(a). If individuals determine that their

activities fall into one of the general license categories,

those individuals must be able to document that their travel

qualifies under the general license category and must keep

records that may be furnished to OFAC or other law enforcement

officials (e.g., U.S. Customs) upon demand for a period of five

years after the travel transactions take place. See 31 CFR

515.601 and 515.602.

6

Specific Licenses

OFAC also will consider the issuance of “specific licenses,” on

a case-by-case basis, to permit travel-related transactions in

certain limited instances where the proposed activity is not

covered by a general license but is addressed by one of the

eleven statements of licensing policy set forth in § 515.560(a)

and related sections of the Regulations and detailed as separate

travel activity categories in the Application Guidelines. A

written application in letter format with relevant supporting

documentation must be made to OFAC to obtain a specific license.

A specific license applicant must wait for OFAC to issue the

license prior to engaging in travel-related transactions.

Specific licenses normally will not be issued to individuals

seeking to engage in an activity set forth in the Regulations

but taking place as part of a project, humanitarian or

otherwise, run by a third-country entity not subject to the

jurisdiction of the United States. While travel-related

transactions might be authorized if the associated entity were

subject to U.S. jurisdiction, they remain prohibited when the

associated entity is not subject to U.S. jurisdiction.

How to Apply for a Specific License

With the exception of emergency situations, applications for

specific licenses should be made in writing to OFAC in letter

format not less than forty-five (45) days prior to the proposed

date of departure to Cuba

ssociated entity were

subject to U.S. jurisdiction, they remain prohibited when the

associated entity is not subject to U.S. jurisdiction.

How to Apply for a Specific License

With the exception of emergency situations, applications for

specific licenses should be made in writing to OFAC in letter

format not less than forty-five (45) days prior to the proposed

date of departure to Cuba. Applications to the OFAC-Miami

office for specific licenses to visit close relatives (both

Cuban nationals and non-Cuban nationals) may ease the processing

of the applications by using the formats suggested later in this

document.

The contents of the letter application should be structured in

an orderly manner and the applicant must adequately address all

the applicable criteria for that category. To facilitate

review, applications may be typed in an outline format with a

header citing the category of travel and with each application

criterion or other relevant information addressed separately

immediately below it. In most circumstances, the receipt of an

application will automatically generate an acknowledgment

letter, assigning an “FAC” number that should be referenced in

all subsequent oral and written communication with OFAC

concerning the application.

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Persons specifically licensed must keep records that may be

furnished to OFAC or other law enforcement officials (e.g., U.S.

Customs) upon demand for a period of five years after the travel

transactions take place. See 31 CFR 515.601 and 515.602.

Requests of Extensions or Renewals of Specific Licenses

When applying for an extension or renewal of a license granted

subsequent to the issuance of these Application Guidelines on

OFAC’s website on April 29, 2003, be sure to reference the

license number in your application. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license, and append a complete copy of

the license to the submission

n applying for an extension or renewal of a license granted

subsequent to the issuance of these Application Guidelines on

OFAC’s website on April 29, 2003, be sure to reference the

license number in your application. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license, and append a complete copy of

the license to the submission. If you are seeking a renewal or

extension of a license granted prior to April 29, 2003, you must

normally apply for a new license in accordance with these

Application Guidelines.

Note: Licenses outstanding as of April 29, 2003, remain in

effect until the applicable expiration date set forth in each

license, unless specifically modified, suspended, or revoked.

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OVERVIEW OF ACTIVITIES FOR WHICH TRAVEL-RELATED TRANSACTIONS ARE

GENERALLY LICENSED OR MAY BE SPECIFICALLY LICENSED

(Most applications to engage in travel-related transactions

involving Cuba are processed by OFAC’s main office in

Washington, DC, with the notable exception of applications to

visit close relatives in Cuba, which are processed by OFAC’s

Miami Office.)

I.

Visits to close relatives (§§ 515.560(a)(1) & 515.561)

• First visit to a Cuban national close relative in any 12-

month period authorized by general license.

• Subsequent visits during the consecutive 12-month period

and any visits to close relatives who are not Cuban

nationals are specifically licensed.

II.

Official business of the U.S. and foreign governments and

certain intergovernmental organizations (§§ 515.560(a)(2)

& 515.562)

• Authorized by general license.

III. Journalistic activity (§§ 515.560(a)(3) & 515.563)

• Authorized by general license for journalists regularly

employed by a news reporting organization and for persons

regularly employed as supporting broadcast or technical

personnel

siness of the U.S. and foreign governments and

certain intergovernmental organizations (§§ 515.560(a)(2)

& 515.562)

• Authorized by general license.

III. Journalistic activity (§§ 515.560(a)(3) & 515.563)

• Authorized by general license for journalists regularly

employed by a news reporting organization and for persons

regularly employed as supporting broadcast or technical

personnel.

• Free-lance journalists specifically licensed upon

submission of a detailed itinerary, a detailed description

of the proposed research, and a resume showing a record of

publications.

IV. Professional research and meetings (§§ 515.560(a)(4) &

515.564)

• Authorized by general license for full-time professionals

attending meetings or conferences or conducting

professional research in their professional areas.

Research requires a full work schedule of noncommercial,

academic research that has a substantial likelihood of

public dissemination. Meetings or conferences must be

organized by an international professional organization,

institution, or association headquartered outside the

United States that regularly sponsors meetings or

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conferences in other countries unless otherwise authorized.

The meetings or conferences may not be for purpose of

promoting tourism in Cuba or other commercial activities

involving Cuba that are inconsistent with U.S. policy and

may not be intended primarily for the purpose of fostering

production of any biotechnological products.

• Specific license consideration for other professional

research and attendance at professional meetings when the

general license criteria above do not apply.

V. Educational activities (§§ 515.560(a)(5) & 515.565)

• Two-year specific licenses issued to accredited U.S.

academic institutions (covering their employees and

students) for preparing for or engaging in the following

categories of educational activities:

ion for other professional

research and attendance at professional meetings when the

general license criteria above do not apply.

V. Educational activities (§§ 515.560(a)(5) & 515.565)

• Two-year specific licenses issued to accredited U.S.

academic institutions (covering their employees and

students) for preparing for or engaging in the following

categories of educational activities:

(1) participation in a structured education program by

an undergraduate or graduate student or student group

as part of a course offered at an accredited U.S.

college or university;

(2) noncommercial academic research in Cuba

specifically related to Cuba by a person working to

qualify as a professional and currently enrolled in a

graduate degree program;

(3) participation in a formal course of study at a

Cuban academic institution by an undergraduate or

graduate student currently enrolled in a degree

program at an accredited U.S. college or university

for credit toward the student’s degree;

(4) teaching at a Cuban academic institution by an

individual regularly employed in a teaching capacity

at an accredited U.S. college or university, provided

the teaching activities are related to an academic

program at the Cuban institution; and

(5) 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, including

participation of a reasonable number of adult

chaperones.

• Specific license consideration for educational activities

described in (1)-(3) above that do not take place pursuant

to a license issued to an accredited U.S. academic

institution.

secondary schools involving secondary school students’

participation in a formal course of study or in a

structured educational program, including

participation of a reasonable number of adult

chaperones.

• Specific license consideration for educational activities

described in (1)-(3) above that do not take place pursuant

to a license issued to an accredited U.S. academic

institution.

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VI. Religious activities (§§ 515.560(a)(6) & 515.566)

• Two-year specific licenses issued to religious

organizations located in the United States, and individuals

and groups affiliated with them, to engage, while in Cuba,

in a full-time program of religious activities under the

auspices of the organization.

• Specific license consideration for religious activities

that do not take place pursuant to a license issued to a

religious organization.

VII. Public performances, clinics, workshops, athletic and

other competitions, and exhibitions (§§ 515.560(a)(7) &

515.567)

• Authorized by general license for athletic competition by

amateur or semi-professional athletes or teams selected by

the relevant U.S. federation and traveling to participate

in athletic competition held in Cuba under the auspices of

the relevant international sports federation, when the

competition is open for attendance, and in relevant

situations participation, by the Cuban public.

• Specific license consideration of participation in a public

performance, clinic, workshop, athletic or other

competition, or exhibition in Cuba by participants in such

activities, provided that: 1) the event is open for

attendance, and in relevant situations participation, by

the Cuban public; 2) all U.S. profits from the event after

costs are donated to an independent nongovernmental

organization in Cuba or a U.S.-based charity that benefits

the Cuban people; and 3) any clinic or workshop in Cuba is

organized and run, at least in part, by the licensee.

VIII

ties, provided that: 1) the event is open for

attendance, and in relevant situations participation, by

the Cuban public; 2) all U.S. profits from the event after

costs are donated to an independent nongovernmental

organization in Cuba or a U.S.-based charity that benefits

the Cuban people; and 3) any clinic or workshop in Cuba is

organized and run, at least in part, by the licensee.

VIII. Support for the Cuban people (§§ 515.560(a)(8) &

515.574)

• Specific license consideration of activities intended to

provide support for the Cuban people including, but not

limited to: 1) activities of recognized human rights

organizations; 2) activities of independent organizations

designed to promote a rapid, peaceful transition to

democracy; and 3) activities of individuals and

nongovernmental organizations that promote independent

activity intended to strengthen civil society in Cuba.

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IX. Humanitarian projects (§§ 515.560(a)(9) & 515.575)

• Specific license consideration of humanitarian projects in

or related to Cuba designed to directly benefit the Cuban

people, including, but not limited to: medical and health-

related projects; construction projects intended to benefit

legitimately independent civil society groups;

environmental projects; projects involving formal or non-

formal educational training, within Cuba or off-island, on

topics including civil education, journalism, advocacy and

organizing, adult literacy, and vocational skill;

community-based grass roots projects; projects suitable to

the development of small-scale private enterprise; projects

that are related to agricultural and rural development that

promote independent activity; and projects to meet basic

human needs.

X

within Cuba or off-island, on

topics including civil education, journalism, advocacy and

organizing, adult literacy, and vocational skill;

community-based grass roots projects; projects suitable to

the development of small-scale private enterprise; projects

that are related to agricultural and rural development that

promote independent activity; and projects to meet basic

human needs.

X. Activities of private foundations or research or

educational institutes (§§ 515.560(a)(10) & 515.576)

• Specific license consideration of activities by private

foundations or research or educational institutes that have

an established interest in international relations to

collect information related to Cuba for noncommercial

purposes.

XI. Exportation, importation, or transmission of information

or informational materials (§§ 515.560(a)(11) & 515.545)

• Specific license consideration of travel-related

transactions for purposes related to the exportation,

importation, or transmission of information or

informational materials as defined in § 515.332.

XII. Certain export transactions that may be considered for

authorization under existing Department of Commerce

regulations and guidelines with respect to Cuba or engaged in

by U.S.-owned or controlled foreign firms (§§ 515.560(a)(12),

515.533 & 515.559)

• Exports from the United States and reexports of 100% U.S.-

origin items: Specific license consideration of travel-

related transactions and other transactions that are

directly incident to the marketing, sales negotiation,

accompanied delivery, or servicing of exports and reexports

that appear consistent with the export licensing policy of

the Department of Commerce, including the commercial export

s from the United States and reexports of 100% U.S.-

origin items: Specific license consideration of travel-

related transactions and other transactions that are

directly incident to the marketing, sales negotiation,

accompanied delivery, or servicing of exports and reexports

that appear consistent with the export licensing policy of

the Department of Commerce, including the commercial export

12

sale of agricultural commodities and the donation of goods

to meet basic human needs.

• Exports from foreign countries of certain foreign-produced

merchandise: Specific license consideration of travel-

related transactions and other transactions that are

directly incident to marketing, sales negotiation,

accompanied delivery, or servicing of medicine or medical

supplies, or donated food, from a third country to Cuba, or

of telecommunications equipment from a third country to

Cuba, when the equipment is determined to be necessary for

efficient and adequate telecommunications service between

the United States and Cuba.

13

I. VISITING CLOSE RELATIVES – 31 CFR § 515.561

General license to a visit close relatives who is a Cuban

national once during every consecutive twelve-month period -

§ 515.561(a): The general license allows for travel-related

transactions that are directly incident to visiting a close

relative who is a national of Cuba, provided that the person

seeking to engage in travel-related transactions has not engaged

in such transactions under the general license in the last

twelve months. Transactions incident to additional visits to a

close relative who is a national of Cuba require a specific

license issued pursuant to paragraph (b) of this section.

Transactions incident to all visits to a non-Cuban national

close relative require a specific license issued pursuant to

paragraph (c) of this section

in such transactions under the general license in the last

twelve months. Transactions incident to additional visits to a

close relative who is a national of Cuba require a specific

license issued pursuant to paragraph (b) of this section.

Transactions incident to all visits to a non-Cuban national

close relative require a specific license issued pursuant to

paragraph (c) of this section. Please review this section of

the Regulations, which is included at the end of this category

description, and § 515.560(c), which is included in Appendix I

at the end of the Application Guidelines.

Suggested Format: Application for specific licenses to visit a

close relative under § 515.561(b) or (c) may be made using the

attached suggested OFAC format to speed review and processing,

or, if you prefer, in the form of a letter that includes the

following information:

1. Application criteria for specific licenses for additional

visits to close relatives who are Cuban nationals – 31 CFR

§ 515.561(b)

1. Identify yourself. Furnish your name, address, and

daytime phone number. Also identify any other persons

sharing a common dwelling as a family with you who will be

accompanying you on the trip.

2. Identify the category of travel. State your request

for a license under 515.561(b) to visit a close relative

who is a national of Cuba.

3. Date of your last generally licensed visit to Cuba.

Provide the date of your last trip to Cuba undertaken

pursuant to the general license set forth in § 515.561(a).

Specific licenses will not be issued to someone who has not

engaged in travel-related transactions within the last

twelve months and therefore would qualify under the general

license.

ive

who is a national of Cuba.

3. Date of your last generally licensed visit to Cuba.

Provide the date of your last trip to Cuba undertaken

pursuant to the general license set forth in § 515.561(a).

Specific licenses will not be issued to someone who has not

engaged in travel-related transactions within the last

twelve months and therefore would qualify under the general

license.

14

4. Identify the close relative to be visited. Furnish the

name, address, and relationship of the close relative you

are seeking authorization to visit.

5. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate.

2. Application criteria for specific licenses to visit close

relatives who are not Cuban nationals – 31 CFR § 515.561(c)

1. Identify yourself. Furnish your name, address, and

daytime phone number. Also identify any other persons

sharing a common dwelling as a family with you who will be

accompanying you on the trip.

2. Identify the category of travel. State your request

for a license under 515.561(c) to visit a close relative

who is not a national of Cuba.

3. Identify the close relative to be visited. Furnish the

name, address and relationship of the close relative you

are seeking authorization to visit. Provide the general

license citation or the number of the specific license

authorizing the close relative to engage in travel-related

transactions involving Cuba and state the expected duration

of the close relative’s stay in Cuba. Absent dire

circumstances, specific licenses normally will be issued

only to visit a close relative who is authorized to be in

Cuba for at least six months.

4. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate

el-related

transactions involving Cuba and state the expected duration

of the close relative’s stay in Cuba. Absent dire

circumstances, specific licenses normally will be issued

only to visit a close relative who is authorized to be in

Cuba for at least six months.

4. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate.

Note regarding visits to close relatives: For the purpose of

this section, the term Cuban national means a citizen of Cuba,

an individual domiciled in Cuba, or a permanent resident of Cuba

but does not include any individual in Cuba pursuant to a

license from the U.S. Government. For the purpose of this

section, the term close relative used with respect to any person

means any individual related to that person by blood, marriage,

or adoption who is no more than three generations removed from

that person or from a common ancestor with that person.

For example, your mother's cousin is your close

relative for the purposes of this rule, because you

15

are both no more than three generations removed from

your great-grandparents, who are the ancestors you

have in common. Similarly, your husband's great-

grandson is your close relative for the purposes of

this rule, because he is no more than three

generations removed from you. Your daughter's father-

in-law is not your close relative for the purposes of

this section, because you have no common ancestor.

Travelers authorized under this section may take currency in

excess of the applicable per diem to permit additional travel-

related transactions that are directly incident to the purpose

of visiting close relatives. Such additional transactions might

include paying the transportation-related expenses on behalf of

one close relative in Cuba for the purpose of visiting another

close relative located elsewhere in Cuba

er this section may take currency in

excess of the applicable per diem to permit additional travel-

related transactions that are directly incident to the purpose

of visiting close relatives. Such additional transactions might

include paying the transportation-related expenses on behalf of

one close relative in Cuba for the purpose of visiting another

close relative located elsewhere in Cuba.

Mailing Address: Applications for specific licenses under this

category, using the suggested format or in the form of a letter,

should be submitted to:

OFAC Miami Office

U.S. Department of the Treasury

909 S.E. First Avenue, Suite 736

Miami, FL 33131

Tel. 305/810-5140

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

Text of regulatory provision for § 515.561 and suggested

application formats:

§ 515.561 Persons visiting close relatives in Cuba.

(a) General license for visiting a close relative who is a national of Cuba once in any 12-month period.

Persons subject to the jurisdiction of the United States and persons traveling with them who share a

common dwelling as a family with them are authorized to engage in the travel-related transactions

set forth in § 515.560(c) and additional travel-related transactions that are directly incident to the

purpose of visiting a close relative who is a national of Cuba, as that term is defined in § 515.302 of

this part. The authorization contained in this paragraph may be used only once in any 12-month

period. Any transactions related to additional family visits must be specifically licensed pursuant to

paragraph (b) of this section.

ravel-related transactions that are directly incident to the

purpose of visiting a close relative who is a national of Cuba, as that term is defined in § 515.302 of

this part. The authorization contained in this paragraph may be used only once in any 12-month

period. Any transactions related to additional family visits must be specifically licensed pursuant to

paragraph (b) of this section.

(b) Specific licenses for visiting a close relative who is a national of Cuba more than once in any 12-

month period. Specific licenses may be issued on a case-by-case basis authorizing persons subject to

the jurisdiction of the United States and persons traveling with them who share a common dwelling

16

as a family with them to engage in the travel-related transactions set forth in § 515.560(c) and

additional travel-related transactions that are directly incident to the purpose of visiting a close

relative who is a national of Cuba, as that term is defined in § 515.302 of this part, more than once

in any 12-month period.

(c) Specific licenses for visiting a close relative who is not a national of Cuba. Specific licenses may

be issued on a case-by-case basis authorizing persons subject to the jurisdiction of the United States

and persons traveling with them who share a common dwelling as a family with them to engage in

the travel-related transactions set forth in § 515.560(c) and additional travel-related transactions

that are directly incident to the purpose of visiting a close relative who is not a national of Cuba, as

that term is defined in § 515.302 of this part.

Example to paragraph (c): If your daughter is a U.S. national engaging in a year-long course of

study in Cuba, you need a specific license issued pursuant to this paragraph (c) to engage in

transactions incident to traveling to Cuba to visit her.

e directly incident to the purpose of visiting a close relative who is not a national of Cuba, as

that term is defined in § 515.302 of this part.

Example to paragraph (c): If your daughter is a U.S. national engaging in a year-long course of

study in Cuba, you need a specific license issued pursuant to this paragraph (c) to engage in

transactions incident to traveling to Cuba to visit her.

(d) For the purpose of this section, the term close relative used with respect to any person means

any individual related to that person by blood, marriage, or adoption who is no more than three

generations removed from that person or from a common ancestor with that person.

Example to paragraph (d): Your mother’s cousin is your close relative for the purposes of this

section, because you are both no more than three generations removed from your great-

grandparents, who are the ancestors you have in common. Similarly, your husband’s great-

grandson is your close relative for the purposes of this section, because he is no more than three

generations removed from you. Your daughter’s father-in-law is not your close relative for the

purposes of this section, because you have no common ancestor.

REQUEST FOR A SPECIFIC LICENSE

TO VISIT A CLOSE RELATIVE IN CUBA WHO IS A CUBAN NATIONAL

MORE THAN ONE TIME IN ANY 12- MONTH PERIOD. 31 CFR § 515.561(b)

Print your name and address below. Please write clearly so that

the Post Office may read the information.

1.

_________________________________________________

_________________________________________________

_________________________________________________

Telephone: (______) _________________________________

(Provide your daytime phone number in case we need to contact you.)

FOR OFFICIAL USE ONLY

2

nformation.

1.

_________________________________________________

_________________________________________________

_________________________________________________

Telephone: (______) _________________________________

(Provide your daytime phone number in case we need to contact you.)

FOR OFFICIAL USE ONLY

2. Individuals traveling with you who share a dwelling with you as a family: ________________________________________________

____________________________________________________________________________________________________________

3. The person you wish to visit in Cuba: _________________________________________

________________________________

Name

Relationship

Cuban address of the person to be visited: __________________________________________________________________________

4. Date of your last trip to Cuba under a General License to visit a close relative: ____________________________________________

5. I, the applicant, certify that the information given above

I, the OFAC authorized service provider, have received this

is true and correct.

application and have provided the applicant with copies in

English/Spanish of the OFAC Travel Restrictions

.

_________________________________________

______________________________________________________

Applicant’s Signature

OFAC Authorized Service Provider Representative’s Signature

______________________________________________Print name

_________________________________________

______________________________________________________

Date

Name of OFAC Authorized Service Provider

Both the service provider (if any is involved) and the applicant should keep a copy of this document for their records

esentative’s Signature

______________________________________________Print name

_________________________________________

______________________________________________________

Date

Name of OFAC Authorized Service Provider

Both the service provider (if any is involved) and the applicant should keep a copy of this document for their records.

United States Department of the Treasury – Office of Foreign Assets Control ("OFAC") OFAC-Miami Office

909 SE FIRST AVE #736 MIAMI FL 33131. Telephone (305) 810-5140

OFAC Suggested Format April 2003

SOLICITUD DE LICENCIA ESPECIFICA

PARA VISITAR UN FAMILIAR CERCANO EN CUBA QUIEN ES UN NACIONAL

DE CUBA MAS DE UNA VEZ EN UN PERIODO DE 12 MESES. 31 CFR § 515.561(b)

Nombre y dirección. Claramente escritos en las líneas de abajo

para que la Oficina de Correo pueda leer la información.

1.

_________________________________________________

_________________________________________________

_________________________________________________

Teléfono: (______) ____________________________

(Provea un número a donde se le pueda llamar durante el día.)

SOLO PARA USO OFICIAL

2. Personas que viajan con usted y quienes comparten con usted su vivienda como familia: ________________________________

________________________________________________________________________________________________________

3. La persona que desea visitar en Cuba: _________________________________________ ______________________________

Nombre

Parentesco

La dirección en Cuba de la persona que desea visitar: ______________________________________________________________

4. Fecha de su último viaje a Cuba bajo una Licencia General para visitar a un familiar cercano: _____________________________

5

_________________________________________ ______________________________

Nombre

Parentesco

La dirección en Cuba de la persona que desea visitar: ______________________________________________________________

4. Fecha de su último viaje a Cuba bajo una Licencia General para visitar a un familiar cercano: _____________________________

5. Yo, el solicitante, afirmo que toda ésta información es

Yo, el representante del proveedor de servicios autorizado por OFAC

verídica y correcta.

he recibido esta solicitud y he proveído al solicitante copias en

inglés/español de las Restricciones de Viaje a Cuba.

_________________________________________

__________________________________________________

Firma del Solicitante

Firma del Representante del Proveedor de Servicios autorizado por

OFAC

_______________________________________Nombre (imprenta)

_________________________________________

_________________________________________________

Fecha

Nombre del Proveedor de Servicios autorizado for OFAC

Tanto el proveedor de servicios (si se ha usado uno) como el solicitante retendrán una copia de éste documento para sus archivos.

Departamento del Tesoro de los Estados Unidos – Oficina de Control de Bienes Extranjeros ("OFAC") OFAC-Miami Office

909 SE FIRST AVE #736 MIAMI FL 33131. Teléfono (305) 810-5140

Formato Sugerido por OFAC Abril 2003

e Servicios autorizado for OFAC

Tanto el proveedor de servicios (si se ha usado uno) como el solicitante retendrán una copia de éste documento para sus archivos.

Departamento del Tesoro de los Estados Unidos – Oficina de Control de Bienes Extranjeros ("OFAC") OFAC-Miami Office

909 SE FIRST AVE #736 MIAMI FL 33131. Teléfono (305) 810-5140

Formato Sugerido por OFAC Abril 2003

REQUEST FOR A SPECIFIC LICENSE

TO VISIT NON-CUBAN NATIONAL CLOSE RELATIVE IN CUBA. 31 CFR § 515.561(c)

Print your name and address below. Please write clearly so that

the Post Office may read the information.

1.

_________________________________________________

_________________________________________________

_________________________________________________

Telephone: (______) _________________________________

(Provide your daytime phone number in case we need to contact you.)

FOR OFFICIAL USE ONLY

2. Individuals traveling with you who share a dwelling with you as a family: ________________________________________________

________________________________________________

3. The person you wish to visit in Cuba: _________________________________________

________________________________

Name

Relationship

Cuban address of person to be visited: _____________________________________________________________________________

4. Provide the general license citation or the number of the specific license authorizing your close relative to engage in transactions in Cuba

and the expected duration of his or her stay in Cuba

Name

Relationship

Cuban address of person to be visited: _____________________________________________________________________________

4. Provide the general license citation or the number of the specific license authorizing your close relative to engage in transactions in Cuba

and the expected duration of his or her stay in Cuba. If less than six (6) months, explain the circumstances that compel you to visit him or

her at this time:

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

5. I, the applicant, certify that the information given above

I, the OFAC authorized service provider, have received this

is true and correct.

application and have provided the applicant with copies in

English/Spanish of the OFAC Travel Restrictions

_________________________________________

______________________________________________________

Applicant’s Signature

OFAC Authorized Service Provider Representative’s Signature

_________________________________________Print name

_________________________________________

______________________________________________________

Date

Name of OFAC Authorized Service Provider

Both the service provider (if any is involved) and the applicant should keep a copy of this document for their records

Provider Representative’s Signature

_________________________________________Print name

_________________________________________

______________________________________________________

Date

Name of OFAC Authorized Service Provider

Both the service provider (if any is involved) and the applicant should keep a copy of this document for their records.

United States Department of the Treasury – Office of Foreign Assets Control ("OFAC") OFAC-Miami Office

909 SE FIRST AVE #736 MIAMI FL 33131. Telephone (305) 810-5140

OFAC Suggested Format April 2003

SOLICITUD DE LICENCIA ESPECIFICA

PARA VISITAR UN FAMILIAR CERCANO EN CUBA QUIEN NO ES UN

NACIONAL DE CUBA. 31 CFR § 515.561(c)

Nombre y dirección. Claramente escritos en las líneas de abajo

para que la Oficina de Correo pueda leer la información.

1.

_________________________________________________

_________________________________________________

_________________________________________________

Teléfono: (______) _________________________________

(Provea un número a donde se le pueda llamar durante el día.)

SOLO PARA USO OFICIAL

2. Personas que viajan con usted y quienes comparten con usted su vivienda como familia: ____________________________________

________________________________________________________________________________________________________

3. La persona que desea visitar en Cuba: _________________________________________

________________________________

Nombre

Parentesco

La dirección en Cuba e la persona que desea visitar: ___________________________________________________________________

4

____________________________________________________

3. La persona que desea visitar en Cuba: _________________________________________

________________________________

Nombre

Parentesco

La dirección en Cuba e la persona que desea visitar: ___________________________________________________________________

4. Provea la citación de la licencia general ó el número de la licencia específica autorizando a su familiar cercano a entablar transacciones

en Cuba y el tiempo que espera estar su familiar en Cuba. Si menos de seis (6) meses, explique las circunstancias que lo llevan a usted a

visitar a su familiar.

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

5. Yo, el solicitante, afirmo que toda ésta información es

Yo, el representante del proveedor de servicios autorizado for OFAC

verídica y correcta.

he recibido esta solicitud y he proveído al solicitante copias en

inglés/español de las Restricciones de Viaje a Cuba

_______________________________________________________________________________________________________________

5. Yo, el solicitante, afirmo que toda ésta información es

Yo, el representante del proveedor de servicios autorizado for OFAC

verídica y correcta.

he recibido esta solicitud y he proveído al solicitante copias en

inglés/español de las Restricciones de Viaje a Cuba.

_________________________________________

_____________________________________________________

Firma del Solicitante

Firma del Representante del Proveedor de Servicios autorizado por

OFAC

_______________________________________Nombre (imprenta)

_________________________________________

________________________________________________

Fecha

Nombre del Proveedor de Servicios autorizado for OFAC

Tanto el proveedor de servicios (si se ha usado uno) como el solicitante retendrán una copia de éste documento para sus archivos

Departamento del Tesoro de los Estados Unidos – Oficina de Control de Bienes Extranjeros ("OFAC") OFAC-Miami Office

909 SE FIRST AVE #736 MIAMI FL 33131. Teléfono (305) 810-5140

Formato Sugerido por OFAC Abril 2003

17

II. JOURNALISTIC ACTIVITIES – 31 CFR § 515.563

General License: Section 515.563(a) sets forth a general

license authorizing travel-related and such additional

transactions as are directly incident to journalistic activities

in Cuba by persons regularly employed as journalists by a news

reporting organization or by persons regularly employed as

supporting broadcast or technical personnel. Please review this

section of the Regulations, which is included at the end of this

category description, and § 515.560(c), which is included in

Appendix I at the end of the Application Guidelines

nt to journalistic activities

in Cuba by persons regularly employed as journalists by a news

reporting organization or by persons regularly employed as

supporting broadcast or technical personnel. Please review this

section of the Regulations, which is included at the end of this

category description, and § 515.560(c), which is included in

Appendix I at the end of the Application Guidelines.

Application for specific licenses to conduct research relating

to free-lance journalism pursuant to § 515.563(b) must include

the following information:

Application criteria for specific licenses for free-lance

journalism – 31 CFR § 515.563(b):

1. Identify yourself. Furnish your name, address, and

daytime phone number.

2. Identify the category of travel. State your request

for a specific license under § 515.563(b) of the

Regulations to engage in travel-related transactions to,

from, and within Cuba for the purpose of free-lance

journalism.

3. State the subject matter and describe the research.

State the proposed article’s subject matter and provide a

detailed description of the proposed research in Cuba that

would be the basis for the free-lance article.

4. Identify the proposed publisher. Identify the news

media organization(s) to which you expect to submit your

article for publication.

5. Document qualifications. Provide a copy of your resume

or similar document showing your record of publications in

the news media within the past 3 years.

6. Provide a detailed itinerary. Set forth a detailed

itinerary demonstrating that the research constitutes a

full-work schedule that could not be completed in a shorter

period of time.

bmit your

article for publication.

5. Document qualifications. Provide a copy of your resume

or similar document showing your record of publications in

the news media within the past 3 years.

6. Provide a detailed itinerary. Set forth a detailed

itinerary demonstrating that the research constitutes a

full-work schedule that could not be completed in a shorter

period of time.

18

7. Extensions & Renewals: If you are applying for an

extension or renewal of a license granted subsequent to the

issuance of these Application Guidelines on OFAC’s website

on April 29, 2003, be sure to reference the license number

in your application. Provide an explanation why an

extension or renewal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

8. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate.

Note: Free-lance journalists with a significant record of

publications may apply for and be authorized to engage in

multiple trips during the validity period of the license. For

questions related to the licensing requirements for the

exportation of equipment and other goods from the United States

to Cuba, please contact: U.S. Department of Commerce, Bureau of

Industry and Security, Foreign Policy Controls Division (202)

482-4252.

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel

d States

to Cuba, please contact: U.S. Department of Commerce, Bureau of

Industry and Security, Foreign Policy Controls Division (202)

482-4252.

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

Text of Regulatory Provision for § 515.563:

§ 515.563 Journalistic activities in Cuba.

(a) General license. The travel-related transactions set forth in § 515.560(c) and such additional

transactions as are directly incident to journalistic activities in Cuba by persons regularly employed

as journalists by a news reporting organization or by persons regularly employed as supporting

broadcast or technical personnel are authorized.

19

Note to paragraph (a): See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and

reporting requirements. The exportation of equipment and other items to be used in journalistic

activities may require separate licensing by the Department of Commerce.

(b) Specific licenses. (1) Specific licenses may be issued on a case-by-case basis authorizing the

travel-related transactions set forth in § 515.560(c) and other transactions that are directly incident

to doing research in Cuba for a free-lance article upon submission of an adequate written

application including the following documentation:

rate licensing by the Department of Commerce.

(b) Specific licenses. (1) Specific licenses may be issued on a case-by-case basis authorizing the

travel-related transactions set forth in § 515.560(c) and other transactions that are directly incident

to doing research in Cuba for a free-lance article upon submission of an adequate written

application including the following documentation:

(i) A detailed itinerary and a detailed description of the proposed research; and

(ii) A resume or similar document showing a record of publications.

(2) To qualify for a specific license pursuant to this section, the itinerary for the proposed research

in Cuba for a free-lance article must demonstrate that the research constitutes a full work schedule

that could not be accomplished in a shorter period of time.

(3) Specific licenses may be issued pursuant to this section authorizing transactions for multiple

trips to Cuba over an extended period of time by applicants demonstrating a significant record of

free-lance journalism.

20

III. PROFESSIONAL RESEARCH & MEETINGS – 31 CFR § 515.564

General license: Section 515.564(a) sets forth a general

license authorizing travel-related and such additional

transactions as are directly incident to professional research

and attendance at meetings and conferences in Cuba by full-time

professionals in their professional capacities, subject to

certain conditions set forth in this section. Please review

this section of the Regulations, which is included at the end of

this category description, and § 515.560(c), which is included

in Appendix I at the end of these Application Guidelines.

Application for specific licenses to conduct professional

research or attend professional meetings and conferences that do

not qualify for the general license pursuant to § 515.564(b)

must include the following information:

Application criteria for specific licenses for professional

research or meetings – 31 CFR § 515.564(b):

1. Identify yourself

end of these Application Guidelines.

Application for specific licenses to conduct professional

research or attend professional meetings and conferences that do

not qualify for the general license pursuant to § 515.564(b)

must include the following information:

Application criteria for specific licenses for professional

research or meetings – 31 CFR § 515.564(b):

1. Identify yourself. Furnish your name, address, and

daytime phone number.

2. Identify your organization. If you are applying on

behalf of an organization, tell us what type of

organization it is. If available, provide a copy of a

brochure or other literature describing typical activities

it undertakes.

3. Identify the category of travel. State your request

for a specific license under § 515.564(b) of the

Regulations to engage in transactions directly incident to

professional research or attendance at a professional

meeting or conference or for the organization of a

professional meeting or conference in Cuba that does not

qualify for the general license under § 515.564(a).

4. Describe the proposed research or meeting/conference.

a) Research: Provide a detailed description of the

research you propose to conduct in Cuba and discuss how it

is specific to Cuba and cannot take place elsewhere. State

whether and how the research will be publicly disseminated.

b) Meeting/Conference: Describe the meeting or

conference, the subject matter involved, and identify

whether the entity sponsoring the meeting or conference is

a person subject to U.S. jurisdiction, a Cuban national, a

third-country national, or an international professional

specific to Cuba and cannot take place elsewhere. State

whether and how the research will be publicly disseminated.

b) Meeting/Conference: Describe the meeting or

conference, the subject matter involved, and identify

whether the entity sponsoring the meeting or conference is

a person subject to U.S. jurisdiction, a Cuban national, a

third-country national, or an international professional

21

organization. Furnish a copy of the conference or meeting

invitation and a complete agenda, indicating the period of

time involved. If you are requesting a license to organize

the conference, explain why the conference must be held in

Cuba.

5. Document your qualifications. Provide evidence of your

professional qualifications, including, at a minimum, a

copy of your resume or curriculum vitae. Discuss how your

professional background or area of expertise is related to

the subject matter you wish to research or the meeting or

conference you wish to attend.

6. Certification of full-time schedule. Certify that the

research or participation at a conference or meeting will

constitute a full-time schedule that could not be completed

in a shorter period of time.

7. Extensions & Renewals: If you are applying for an

extension or renewal of a license granted subsequent to the

issuance of these Application Guidelines on OFAC’s website

on April 29, 2003, be sure to reference the license number

in your application. Provide an explanation why an

extension or renewal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

8. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate

n

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

8. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate.

Note: Specific licenses will not be issued pursuant to

§ 515.564(b) simply because a professional does not qualify

under the general license in § 515.564(a). As provided in

§ 515.564(e), a person will not qualify as engaging in

professional research merely because that person is a

professional who wishes to travel to Cuba. The applicant must

clearly articulate why the travel is necessary and provide a

justification for OFAC consideration. The qualifications of

each individual traveler must also relate directly to the

activity for which travel-related transactions have been

authorized. For questions related to the licensing requirements

for the exportation of goods from the United States to Cuba,

22

please contact: U.S. Department of Commerce, Bureau of Industry

and Security, Foreign Policy Controls Division (202) 482-4252.

Multiple trips to Cuba over an extended period of time may be

requested and authorized for applicants demonstrating a

significant record of research.

Examples: (Additional examples are set forth in this section of

the Regulations, which is included at the end of this category

description.)

Licensable

Example 1: An estate attorney is handling a probate case

in the United States in which a Cuban national is named as

an heir. The attorney needs to gather information relevant

to a conclusive determination regarding the Cuban

national’s entitlement that can only be ascertained by

conducting research in Cuba. Licensing policy in such

instances favors facilitating the resolution of legal

proceedings

: An estate attorney is handling a probate case

in the United States in which a Cuban national is named as

an heir. The attorney needs to gather information relevant

to a conclusive determination regarding the Cuban

national’s entitlement that can only be ascertained by

conducting research in Cuba. Licensing policy in such

instances favors facilitating the resolution of legal

proceedings.

Example 2: A professional writer or film maker wishes to

travel to Cuba in order to engage in research necessary to

produce a documentary book or film that will be published

or otherwise distributed. Note: The making of a film

absent the conduct specific research would not qualify for

a license. The making of a documentary film is a

legitimate basis for issuing a license only if it is a

vehicle for the presentation of the research conducted.

Example 3: An expert in orthopedic medicine seeks to

travel to Cuba to attend an orthopedic conference organized

solely by a Cuban entity and not by any international

organization. The conference concludes with a two-day tour

of medical clinics where certain procedures will be

observed first-hand.

Not licensable

Example 1: A railroad hobbyist desires to research aging

locomotives in Cuba. The Regulations provide that licenses

are not granted for travel in pursuit of a hobby or

research for personal satisfaction only.

Example 2: A group of architects wants to arrange a sight-

seeing trip to view the architecture of Old Havana. This

in procedures will be

observed first-hand.

Not licensable

Example 1: A railroad hobbyist desires to research aging

locomotives in Cuba. The Regulations provide that licenses

are not granted for travel in pursuit of a hobby or

research for personal satisfaction only.

Example 2: A group of architects wants to arrange a sight-

seeing trip to view the architecture of Old Havana. This

23

does not constitute research, and would not qualify for a

license since it constitutes travel for personal

satisfaction only.

Example 3: Oil company engineers want to research Cuba’s

offshore oil reserves. Travel transactions related to

research of a commercial nature with commercial

ramifications designed to position a company’s entry into

the Cuban market once the embargo is lifted is not normally

permitted pursuant to a specific license issued under this

section.

Example 4: A U.S. law firm seeks to sponsor a conference

in Havana with a focus on Cuban law and lectures by Cuban

attorneys. Absent any direct nexus between the practice of

participating attorneys and the need for exposure to the

Cuban legal system, this activity is not eligible for

authorization by specific license.

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

Text of Regulatory Provision for § 515.564:

§ 515.564 Professional research and professional meetings in Cuba.

(a) General license. (1) The travel-related transactions set forth in § 515.560(c) and such additional

transactions that are directly incident to professional research by full-time professionals who travel

to Cuba to conduct professional research in their professional areas are authorized, provided that:

for § 515.564:

§ 515.564 Professional research and professional meetings in Cuba.

(a) General license. (1) The travel-related transactions set forth in § 515.560(c) and such additional

transactions that are directly incident to professional research by full-time professionals who travel

to Cuba to conduct professional research in their professional areas are authorized, provided that:

(i) The research is of a noncommercial, academic nature;

(ii) The research comprises a full work schedule in Cuba;

(iii) The research has a substantial likelihood of public dissemination; and

(iv) The research does not fall within the categories of activities described in paragraph (c), (d), or

(e) of this section.

24

(2) The travel-related transactions set forth in § 515.560(c) and such additional transactions as are

directly incident to travel to Cuba by full-time professionals to attend professional meetings or

conferences in Cuba organized by an international professional organization, institution, or

association that regularly sponsors meetings or conferences in other countries are authorized,

provided that:

(i) The international professional organization, institution, or association is not headquartered in

the United States unless that organization, institution, or association has been specifically licensed

to sponsor the meeting in Cuba;

(ii) The purpose of the meeting or conference is not the promotion of tourism in Cuba or other

commercial activities involving Cuba that are inconsistent with this part; and

l professional organization, institution, or association is not headquartered in

the United States unless that organization, institution, or association has been specifically licensed

to sponsor the meeting in Cuba;

(ii) The purpose of the meeting or conference is not the promotion of tourism in Cuba or other

commercial activities involving Cuba that are inconsistent with this part; and

(iii) The meeting or conference is not intended primarily for the purpose of fostering production of

any biotechnological products.

Note to paragraph (a): See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and

reporting requirements. Exportation of equipment and other items, including the transfer of

technology or software to foreign persons ("deemed exportation") and items not eligible for

Department of Commerce GFT or BAG License Exceptions, 15 CFR 740.12 and 740.14, may

require separate authorization by the Department of Commerce.

(b) Specific licensing. Specific licenses may be issued on a case-by-case basis authorizing the travel-

related transactions set forth in § 515.560(c) and other transactions that are directly incident to

professional research and professional meetings that do not qualify for the general license in

paragraph (a) of this section. Specific licenses may be issued pursuant to this section authorizing

transactions for multiple trips to Cuba over an extended period of time by applicants

demonstrating a significant record of research. Specific licenses will not be issued for travel-related

transactions for purposes of attendance at meetings or conferences in Cuba organized by the

Cuban government where such meetings or conferences could be intended primarily for the

purpose of fostering the production of any biotechnological products.

n extended period of time by applicants

demonstrating a significant record of research. Specific licenses will not be issued for travel-related

transactions for purposes of attendance at meetings or conferences in Cuba organized by the

Cuban government where such meetings or conferences could be intended primarily for the

purpose of fostering the production of any biotechnological products.

(c) Categories of activities that do not qualify for the general license in paragraph (a) of this section

and for which the specific licenses described in paragraph (b) of this section will not be issued

include recreational travel; tourist travel; travel in pursuit of a hobby; research for personal

satisfaction only; and any travel for an authorized professional research purpose if the schedule of

activities includes free time, travel, or recreation in excess of that consistent with a full work

schedule of professional research or attendance at professional meetings or conferences.

(d) An entire group does not qualify for the general license in paragraph (a) of this section and will

not be issued a specific license under paragraph (b) of this section merely because some members of

the group could qualify individually for such licenses.

Example 1 to paragraph (d): A musicologist travels to Cuba to do research on Cuban music

pursuant to the general license for professional researchers set forth in paragraph (a) of this

section. Others who are simply interested in music but who do not research music as part of their

careers may not engage in travel-related transactions with the musicologist in reliance on this

general license. For example, an art historian who plays in the same band with the musicologist

would not qualify as a professional researcher of Cuban music for purposes of this general license.

s

section. Others who are simply interested in music but who do not research music as part of their

careers may not engage in travel-related transactions with the musicologist in reliance on this

general license. For example, an art historian who plays in the same band with the musicologist

would not qualify as a professional researcher of Cuban music for purposes of this general license.

25

Example 2 to paragraph (d): A specific license issued pursuant to paragraph (b) of this section

authorizing travel-related transactions by a fish biologist who travels to Cuba to engage in

professional research does not authorize transactions by other persons who might travel with the

fish biologist but whose principal purpose in travel is to engage in recreational or trophy fishing.

The fact that such persons may engage in certain activities with or under the direction of the

professional fish biologist, such as measuring or recording facts about their catch, does not bring

these individuals' activities within the scope of professional research and similar activities.

(e) A person will not qualify as engaging in professional research merely because that person is a

professional who plans to travel to Cuba.

Example 1 to paragraph (e): A professor of history interested in traveling to Cuba for the principal

purpose of learning or practicing Spanish or attending general purpose lectures devoted to Cuban

culture and contemporary life does not qualify for the general license in paragraph (a) of this

section or for a specific license issued pursuant to paragraph (b) of this section.

Example 2 to paragraph (e): A professional photographer who wishes to take photographs in Cuba

that will become the basis for creating post cards, paintings, and other secondary products or that

merely document the photographer's travel does not qualify for the general license in paragraph (a)

of this section or for a specific license issued pursuant to paragraph (b) of this section.

Example 2 to paragraph (e): A professional photographer who wishes to take photographs in Cuba

that will become the basis for creating post cards, paintings, and other secondary products or that

merely document the photographer's travel does not qualify for the general license in paragraph (a)

of this section or for a specific license issued pursuant to paragraph (b) of this section.

26

IV. ACADEMIC ACTIITIES - 31 CFR § 515.565

1. Application criteria for specific licenses for accredited

U.S. academic institutions – 31 CFR § 515.565(a)

1. Identify the organization. Provide the name and

address of the academic institution seeking a specific

license under this section, and include the name and phone

number of the institutional contact responsible for the

application and for ensuring compliance with the terms of

the license once issued.

2. Identify the category of travel. State that a license

is being requested pursuant to § 515.565(a) of the

Regulations authorizing students and employees of the U.S.

academic institution to engage in transactions directly

incident to one or more of the activities set forth in

§ 515.565(a)(2)(i) through (vii).

3. Accreditation. Provide a statement certifying that the

U.S. academic institution is accredited by an appropriate

national or regional accrediting association.

4. Extensions & Renewals. When applying for extensions or

renewals of licenses granted subsequent to the issuance of

these Application Guidelines on OFAC’s website on April 29,

2003, be sure to reference the license number in your

application. You must also include a report setting forth

a record of all activities undertaken pursuant to the

original license, and append a complete copy of the license

to the submission. If you are seeking a renewal or

extension of a license granted prior to April 29, 2003, you

must apply for a new license in accordance with these

Application Guidelines.

5. Signature

umber in your

application. You must also include a report setting forth

a record of all activities undertaken pursuant to the

original license, and append a complete copy of the license

to the submission. If you are seeking a renewal or

extension of a license granted prior to April 29, 2003, you

must apply for a new license in accordance with these

Application Guidelines.

5. Signature. Applications may be submitted under the

signature of a dean or of the academic vice-president,

provost, or president of a college or university. In the

case of a secondary school, applications must be submitted

under the signature of the principal or headmaster. The

signature serves as a certification that the statements in

the application are true and accurate.

Note: An academic institution’s two-year specific license

authorizes transactions by any student or employee of the

institution engaging in transactions set forth in

27

§ 515.565(a)(2)(i)-(vii). Thus, an application for such a

license need not include the names of prospective travelers.

A license granted to an accredited academic institution pursuant

to this section extends to students enrolled in degree programs

at other accredited academic institutions who participate in

programs offered by the licensed institution. Such students,

however, must carry letters from the accredited academic

institution at which they are enrolled certifying that the Cuba-

related activities will be accepted for credit toward their

degree program.

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

2

ogram.

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

2. Application criteria for specific licenses for individual

undergraduate or graduate students enrolled at an accredited

U.S. academic institution – 31 CFR § 515.565(b)

1. Identify yourself. Furnish the name(s), address(es),

and daytime phone number(s) of each applicant seeking to

engage in travel-related transactions under the license.

2. Identify the category of travel. State your request

for a specific license under § 515.565(b) of the

Regulations. Specify whether your educational activities

in Cuba are: 1) part of a course offered by an accredited

U.S. academic institution (identify the institution and a

point of contact); 2) research for purposes of obtaining a

degree to qualify academically as a professional; or 3)

part of a formal course of study at a Cuban academic

institution.

3. Identify your academic institution. Provide the name,

address, and daytime phone number of an appropriate

28

representative of the accredited U.S. academic institution,

e.g. your professor or other official advisor.

4. Provide a letter from your academic institution. An

appropriate representative of your academic institution

(e.g., your professor or other official advisor) must

provide a written statement certifying that: 1) the U.S

,

address, and daytime phone number of an appropriate

28

representative of the accredited U.S. academic institution,

e.g. your professor or other official advisor.

4. Provide a letter from your academic institution. An

appropriate representative of your academic institution

(e.g., your professor or other official advisor) must

provide a written statement certifying that: 1) the U.S.

academic institution is accredited by an appropriate

national or regional accrediting association; 2) you are

enrolled in an accredited degree program at that

institution; 3) you will receive academic credit toward

that degree for your educational activities in Cuba; and 4)

your study or research in Cuba is taking place with the

knowledge and approval of the relevant dean or the academic

vice-president, provost, or president of the institution.

5. Extensions & Renewals. If you are applying for an

extension or renewal of a license granted subsequent to the

issuance of these Application Guidelines on OFAC’s website

on April 29, 2003, be sure to reference the license number

in your application. Provide an explanation why an

extension or renewal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license, and append a complete

copy of the license to the submission. If you are seeking

a renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

6. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate.

Note: Former § 515.565(b)(2), pursuant to which specific

licenses were granted to engage in educational exchanges not

involving academic study pursuant to a degree program, was

removed from the Regulations effective March 24, 2003

with these Application Guidelines.

6. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate.

Note: Former § 515.565(b)(2), pursuant to which specific

licenses were granted to engage in educational exchanges not

involving academic study pursuant to a degree program, was

removed from the Regulations effective March 24, 2003. (See: 68

FR 14141, March 24, 2003)

Examples:

Licensable

Example 1: An undergraduate student wishes to enroll in

undergraduate courses at a university in Cuba for a

semester to study advanced Spanish and Cuban literature for

29

credit toward his degree program at his accredited U.S.

academic institution.

Example 2: A graduate student enrolled at an accredited

U.S. academic institution and working toward her doctoral

dissertation on the Cuban economy travels to Cuba to engage

in research for her dissertation.

Not licensable

Example 1: A high school student is awarded a scholarship

to study the effect of the Cuban revolution on the status

of African Cubans and applies for a license to travel to

Cuba to carry out this project. Absent a request from the

student’s secondary school submitted by its principal or

headmaster for a license under § 515.565(a) for its

students to engage in a formal course of study or

structured educational program in Cuba led by a teacher or

other secondary school official, this activity does not

qualify for a license under this section.

Example 2: A doctor wishes to study a medical procedure at

a clinic in Cuba for credit toward a continuing education

requirement. Qualifying academically as a professional

does not extend to continuing educational requirements to

maintain one’s professional credentials.

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C

ion

requirement. Qualifying academically as a professional

does not extend to continuing educational requirements to

maintain one’s professional credentials.

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

Text of Regulatory Provision for § 515.565:

§ 515.565 Educational activities.

(a) Specific license for U.S. academic institutions -- (1) Issuance; renewal. A specific license may be

issued to an accredited U.S. academic institution authorizing the institution and its students and

employees to engage, under the auspices of the institution, in educational activities involving

transactions in which Cuba or a Cuban national has an interest. The application for the specific

30

license must establish that the U.S. academic institution is accredited by an appropriate national or

regional educational accrediting association. The specific license may be renewed after a period of

two years to authorize the accredited U.S. academic institution and its students and employees to

continue to engage in the transactions authorized under the institution's license.

(2) Scope of transactions authorized under U.S. academic institution's specific license;

documentation. Upon receipt of a specific license pursuant to paragraph (a)(1) of this section by the

accredited U.S

d of

two years to authorize the accredited U.S. academic institution and its students and employees to

continue to engage in the transactions authorized under the institution's license.

(2) Scope of transactions authorized under U.S. academic institution's specific license;

documentation. Upon receipt of a specific license pursuant to paragraph (a)(1) of this section by the

accredited U.S. academic institution, the institution and its students and employees are authorized

to engage in the travel-related transactions set forth in § 515.560(c) and such additional

transactions as are directly incident to any of the categories of educational activities set forth in

paragraphs (a)(2)(i) through (a)(2)(vii) of this section undertaken under the auspices of the

specifically-licensed institution. Activities covered by this authorization are limited to the following:

(i) Participation in a structured educational program by an undergraduate or graduate student or

undergraduate or graduate student group as part of a course offered at an accredited U.S. college

or university. A student planning to engage in such transactions in Cuba must carry a letter from

the U.S. academic institution stating that the student is currently enrolled in an undergraduate or

graduate degree program there and that the Cuba travel is part of a structured educational

program of that institution and citing the number of the relevant U.S. academic institution's

specific license.

ersity. A student planning to engage in such transactions in Cuba must carry a letter from

the U.S. academic institution stating that the student is currently enrolled in an undergraduate or

graduate degree program there and that the Cuba travel is part of a structured educational

program of that institution and citing the number of the relevant U.S. academic institution's

specific license.

(ii) Noncommercial academic research in Cuba specifically related to Cuba by a person working to

qualify academically as a professional (for example, research toward a graduate degree). A student

planning to engage in such transactions in Cuba must carry a letter from the student's accredited

U.S. academic institution stating that the individual is currently enrolled in a graduate degree

program and that the Cuba research will be accepted for credit toward that degree and citing the

number of the relevant U.S. academic institution's specific license.

(iii) Participation in a formal course of study at a Cuban academic institution by an undergraduate

or graduate student currently enrolled in a degree program at an accredited U.S. college or

university, provided the formal course of study in Cuba will be accepted for credit toward the

student's undergraduate or graduate degree at that U.S. college or university. A student planning to

engage in such transactions in Cuba must carry with him or her a letter from the student's U.S.

academic institution stating that the student is currently enrolled in an undergraduate or graduate

degree program and that the Cuban study will be accepted for credit toward that degree and citing

the number of the relevant U.S. academic institution's specific license.

ity. A student planning to

engage in such transactions in Cuba must carry with him or her a letter from the student's U.S.

academic institution stating that the student is currently enrolled in an undergraduate or graduate

degree program and that the Cuban study will be accepted for credit toward that degree and citing

the number of the relevant U.S. academic institution's specific license.

(iv) Teaching at a Cuban academic institution by an individual regularly employed in a teaching

capacity at an accredited U.S. college or university, provided the teaching activities are related to

an academic program at the Cuban institution. An individual planning to teach at a Cuban

academic institution must obtain and carry a written letter from the individual's U.S. academic

institution, citing the number of that institution's specific license and stating that the individual is

regularly employed there in a teaching capacity.

(v) Sponsorship, including the payment of a stipend or salary, of a Cuban scholar to teach or

engage in other scholarly activity at a college or university in the United States (in addition to those

transactions authorized by the general license contained in § 515.571). Such earnings may be

remitted to Cuba as provided in § 515.570, or carried on the person of the Cuban scholar returning

to Cuba as provided in § 515.560(d)(3).

31

(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 authorization includes participation by a reasonable number of adult

chaperones to accompany the secondary school student(s) to Cuba

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 authorization includes participation by a reasonable number of adult

chaperones to accompany the secondary school student(s) to Cuba. A secondary school group

planning to engage in such transactions in Cuba must carry a letter from the secondary school

sponsoring the trip, citing the number of the school's specific license and listing the names of all

persons traveling with the group.

(vii) The organization of and preparation for transactions and activities described in paragraphs

(a)(2)(i) through (a)(2)(vi) of this section by a full-time employee of a U.S. academic institution. An

individual engaging in such transactions must carry a written letter from the individual's U.S.

academic institution, citing the number of that institution's specific license and stating that the

individual is regularly employed there.

Note to paragraph (a): See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and

reporting requirements. Exportation of equipment and other items, including the transfer of

technology or software to foreign persons ("deemed exportation"), and items not eligible for

Department of Commerce GFT or BAG License Exceptions, 15 CFR 740.12 and 740.14, may

require separate licensing from the Department of Commerce.

(b) Specific license. Specific licenses may be issued on a case-by-case basis authorizing the travel-

related transactions set forth in § 515.560(c) and other transactions that are directly incident to:

(1) Educational activities described in paragraphs (a)(2)(i) through (a)(2)(iii) of this section not

covered by a specific license issued pursuant to paragraph (a) of this section to an accredited U.S.

academic institution.

(2) [Reserved]

ued on a case-by-case basis authorizing the travel-

related transactions set forth in § 515.560(c) and other transactions that are directly incident to:

(1) Educational activities described in paragraphs (a)(2)(i) through (a)(2)(iii) of this section not

covered by a specific license issued pursuant to paragraph (a) of this section to an accredited U.S.

academic institution.

(2) [Reserved]

(c) Transactions related to activities that are primarily tourist-oriented, including self-directed

educational activities that are intended only for personal enrichment, are not authorized by this

section.

32

V. RELIGIOUS ACTIVITIES 31 CFR § 515.566

1. Application criteria for specific licenses for religious

activities by religious organizations – 31 CFR § 515.566(a)

1. Identify the organization. Provide the name and

address of the religious organization seeking a specific

license under this section, and include the name and phone

number of the institutional contact responsible for the

application and for ensuring compliance with the terms of

the license once issued.

2. Identify the category of travel. State your request

for a specific license pursuant to § 515.566(a) of the

Regulations authorizing individuals and groups affiliated

with the religious organization to engage in transactions

directly incident to a full-time program of religious

activities in Cuba under the auspices of the religious

organization.

3. Examples of activities. Provide examples of the

religious activities to be engaged in by the persons

traveling under the auspices of the religious organization.

4. Extensions & renewals. When applying for extensions or

renewals of licenses granted subsequent to the issuance of

these Application Guidelines on OFAC’s website on April 29,

2003, be sure to reference the license number in your

application

tivities. Provide examples of the

religious activities to be engaged in by the persons

traveling under the auspices of the religious organization.

4. Extensions & renewals. When applying for extensions or

renewals of licenses granted subsequent to the issuance of

these Application Guidelines on OFAC’s website on April 29,

2003, be sure to reference the license number in your

application. You must also include a report setting forth

a record of all activities undertaken pursuant to the

original license, and append a complete copy of the license

to the submission. If you are seeking a renewal or

extension of a license granted prior to April 29, 2003, you

must apply for a new license in accordance with these

Application Guidelines.

5. Signature. The representative submitting the

application on behalf of the religious organization must

sign the application and certify that he or she is

submitting the application on behalf of the religious

organization. The signature serves as a certification

that the statements in the application are true and

accurate.

Note: A religious organization's two-year specific license

authorizes transactions by any individuals or groups affiliated

33

with the organization. Thus, an application for such a license

need not include the names of prospective travelers.

If the religious organization is proposing to engage in a

humanitarian project or in the delivery of donated goods as part

of or in addition to its religious activities, authorization for

travel-related transactions with respect to such activities must

be requested and authorized independently of this section under

the application criteria set forth with regard to humanitarian

projects or accompanied delivery of donated goods in §§ 515.575

or 515.533(e), respectively. (See: Application Guidelines,

VIII. Humanitarian Projects – 31 CFR 515.575 and XI. Travel

Related to Licensed Exportations: 1. Exportations licensed by

the U.S. Department of Commerce – 31 CFR 515.533(e))

ependently of this section under

the application criteria set forth with regard to humanitarian

projects or accompanied delivery of donated goods in §§ 515.575

or 515.533(e), respectively. (See: Application Guidelines,

VIII. Humanitarian Projects – 31 CFR 515.575 and XI. Travel

Related to Licensed Exportations: 1. Exportations licensed by

the U.S. Department of Commerce – 31 CFR 515.533(e)). Such

additional authorization may be included in the same license

issued pursuant to this section or in amendments thereto. For

questions related to the licensing requirements for the

exportation of commodities and humanitarian goods from the

United States to Cuba, please contact: U.S. Department of

Commerce, Bureau of Industry and Security, Foreign Policy

Controls Division (202) 482-4252.

Financial donations or other funds transfers incident to

religious activities require separate authorization under

§ 515.570(d)(1) of the Regulations. Such additional

authorization may be included in the same license issued

pursuant to this section or in amendments thereto.

Examples

Licensable

Example 1: A religious organization seeks a license for

its members to travel to Cuba to assist in restoring a

church building and attend services there. The religious

organization may apply for a two-year license authorizing

its members to engage in travel-related transactions

involving those activities.

Example 2: A religious organization seeks to transfer

funds to its Cuban counterpart now, but will send members

to Cuba for purposes of participating in religious

activities at a later time. The religious organization may

receive a two-year license under this section at this time,

which may also contain authorization pursuant to

§ 515.570(d)(1) to transfer the funds to its counterpart on

a one-time basis. If the religious organization seeks to

Cuban counterpart now, but will send members

to Cuba for purposes of participating in religious

activities at a later time. The religious organization may

receive a two-year license under this section at this time,

which may also contain authorization pursuant to

§ 515.570(d)(1) to transfer the funds to its counterpart on

a one-time basis. If the religious organization seeks to

34

transfer additional funds in the future, it should seek an

amendment to its license for each additional transfer.

Not licensable

Example 1: An organization that specializes in organizing

“heritage tours” for persons of a particular denomination

applies for a specific license to take interested

practitioners of that faith on a trip to Cuba to visit

historical sites and museums as well as existing

communities of that denomination in Cuba. The organization

at issue is not a religious organization. Although

religious activities may extend to pilgrimages to religious

sites, they do not encompass tourism for purposes of this

section and touristic activities will not be authorized.

Example 2: A group that seeks to promote interfaith

understanding applies for a license to take an

interdenominational group to Cuba to participate in

religious activities ranging from Catholic mass to

Santeria. This group is not a religious organization for

purposes of this section, but may seek to qualify under

§ 515.566(b).

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

2. Application criteria for specific licenses for individual

religious travel – 31 CFR § 515.566(b)

1. Identify yourself

ision

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

2. Application criteria for specific licenses for individual

religious travel – 31 CFR § 515.566(b)

1. Identify yourself. Furnish the name(s), address(es),

and daytime phone number(s) of each applicant seeking to

engage in travel-related transactions under the license.

2. Identify the category of travel. State your request

for a specific license under § 515.566(b) of the

35

Regulations, authorizing individuals to engage in

transactions directly incident to religious activity in

Cuba. If you seek to travel to Cuba on more than one round

trip, the application should so state, explaining the

circumstances.

3. Identify the activities. Identify the religious

activities in which you wish to engage in Cuba and the

duration of those activities.

4. Certification of full-time schedule. Certify that the

proposed religious activities will constitute a full-time

schedule that could not be completed in a shorter period of

time.

5. Extensions & renewals: If you are applying for an

extension or renewal of a license granted subsequent to the

issuance of these Application Guidelines on OFAC’s website

on April 29, 2003, be sure to reference the license number

in your application. Provide an explanation why an

extension or renewal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

6. Sign your letter

newal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

6. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate.

Note: If you are affiliated with a religious organization, you

might check if that organization holds a valid OFAC two-year

specific license (under § 515.566(a) of the Regulations) under

which your transactions may already be authorized or if that

organization might wish to apply for such a license. This would

avoid the need to apply for your own specific license. Persons

traveling under a two-year specific license issued to a

religious organization, however, must still comply with the

condition that authorized travelers engage in a full-time

program of religious activities.

Persons seeking a specific license to engage in a humanitarian

project or in the delivery of donated goods as part of or in

addition to their religious activities must request and receive

authorization for travel-related transactions with respect to

36

such activities under separate application criteria set forth

with regard to humanitarian projects or accompanied delivery of

donated goods in §§ 515.575 or 515.533(e), respectively. (See:

Application Guidelines, VIII. Humanitarian Projects – 31 CFR

515.575 and XI. Travel Related to Licensed Exportations: 1.

Exportations licensed by the U.S. Department of Commerce – 31

CFR 515.533(e)). Such additional authorization may be included

in the same license issued pursuant to this section or in

amendments thereto

ry of

donated goods in §§ 515.575 or 515.533(e), respectively. (See:

Application Guidelines, VIII. Humanitarian Projects – 31 CFR

515.575 and XI. Travel Related to Licensed Exportations: 1.

Exportations licensed by the U.S. Department of Commerce – 31

CFR 515.533(e)). Such additional authorization may be included

in the same license issued pursuant to this section or in

amendments thereto. For questions related to the licensing

requirements for the exportation of commodities and humanitarian

goods from the United States to Cuba, please contact: U.S.

Department of Commerce, Bureau of Industry and Security, Foreign

Policy Controls Division (202) 482-4252.

Financial donations or other funds transfers incident to

religious activities require separate authorization under

§ 515.570(d)(1) of the Regulations. Such additional

authorization may be included in the same license issued

pursuant to this section or in amendments thereto.

Examples:

Licensable

Example 1: An evangelist seeks to travel to Cuba to give a

sermon to a congregation of a certain denomination in Cuba.

The travel is limited to the time necessary to constitute a

full-time schedule to participate in the service and meet

with the congregation.

Example 2: A minister has been invited to teach full-time

at a seminary in Cuba during the coming year.

Not licensable

Example 1: A couple living on their sailboat seeks to

travel to Cuba and live on their boat for an undefined

period of time in order to hand out Bibles and preach the

gospel to whoever will listen. Absent a specified duration

of time for the activities, this does not qualify for a

specific license.

Example 2: An individual seeks to travel to Cuba to

participate in services one day a week over a period of

several weeks. This does not qualify as a full-time

schedule of religious activities.

period of time in order to hand out Bibles and preach the

gospel to whoever will listen. Absent a specified duration

of time for the activities, this does not qualify for a

specific license.

Example 2: An individual seeks to travel to Cuba to

participate in services one day a week over a period of

several weeks. This does not qualify as a full-time

schedule of religious activities.

37

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

Text of Regulatory Provision for § 515.566:

§ 515.566 Religious activities in Cuba.

(a) Specific license for U.S. religious organizations -- (1) Issuance; renewal. A specific license may

be issued to a religious organization located in the United States authorizing the organization and

individuals and groups affiliated with the organization to engage, under the auspices of the

organization, in religious activities involving transactions (including travel-related transactions) in

which Cuba or a Cuban national has an interest. The application for the specific license must set

forth examples of religious activities to be undertaken in Cuba. The religious organization's specific

license may be renewed after a period of two years to authorize the organization and individuals

and groups affiliated with the organization to continue to engage in the transactions authorized

under the organization's license.

an interest. The application for the specific license must set

forth examples of religious activities to be undertaken in Cuba. The religious organization's specific

license may be renewed after a period of two years to authorize the organization and individuals

and groups affiliated with the organization to continue to engage in the transactions authorized

under the organization's license.

(2) Scope of transactions authorized under U.S. religious organization's specific license;

documentation. Upon receipt by the religious organization located in the United States of a specific

license pursuant to paragraph (a)(1) of this section, the organization and individuals or groups

affiliated with the organization are authorized to engage in the travel-related transactions set forth

in § 515.560(c) and such additional transactions as are directly incident to religious activities in

Cuba under the auspices of the organization. Travel-related transactions pursuant to this

authorization must be for the purpose of engaging, while in Cuba, in a full-time program of

religious activities. Financial and material donations to Cuba or Cuban nationals are not

authorized by this paragraph (a)(2). All individuals who engage in transactions in which Cuba or

Cuban nationals have an interest (including travel-related transactions) pursuant to this paragraph

(a)(2) must carry with them a letter from the specifically-licensed U.S. religious organization, citing

the number of the organization's specific license and confirming that they are affiliated with the

organization and are traveling to Cuba to engage in religious activities under the auspices of the

organization.

Note to paragraph (a): See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and

reporting requirements. Exportation of items to be used in Cuba may require separate licensing by

the Department of Commerce.

e and confirming that they are affiliated with the

organization and are traveling to Cuba to engage in religious activities under the auspices of the

organization.

Note to paragraph (a): See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and

reporting requirements. Exportation of items to be used in Cuba may require separate licensing by

the Department of Commerce.

(b) Specific licenses. Specific licenses may be issued on a case-by-case basis authorizing the travel-

related transactions set forth in § 515.560(c) and other transactions that are directly incident to

religious activities not covered by a specific license issued pursuant to paragraph (a) of this section

to a U.S. religious organization. Specific licenses may be issued pursuant to this section authorizing

38

transactions for multiple trips over an extended period of time to engage in a full-time program of

religious activities in Cuba.

39

VI. PUBLIC PERFORMANCES, CLINICS, WORKSHOPS, COMPETITIONS, AND

EXHIBITIONS – 31 CFR § 515.567

General License: Section 515.567(a) sets forth a general

license authorizing travel-related and such additional

transactions as are directly incident to athletic competition by

amateur or semi-professional athletic teams traveling to

participate in athletic competitions held in Cuba. Please

review this section of the Regulations, which is included at the

end of this category description, and § 515.560(c), which is

included in Appendix I at the end of these Application

Guidelines.

Application for specific licenses to conduct or participate in

public performances, clinics, workshops, exhibitions, or

competitions that do not qualify for the general license

pursuant to § 515.567(a) must include the following information:

Application criteria for specific licenses under 31 CFR

§ 515.567(b):

1. Identify yourself. Furnish your name, address, and

daytime phone number.

2. Identify your organization

nduct or participate in

public performances, clinics, workshops, exhibitions, or

competitions that do not qualify for the general license

pursuant to § 515.567(a) must include the following information:

Application criteria for specific licenses under 31 CFR

§ 515.567(b):

1. Identify yourself. Furnish your name, address, and

daytime phone number.

2. Identify your organization. If you are applying on

behalf of an organization, tell us about the organization:

what type of organization is it (e.g., an orchestra, ballet

troop, artist guild) and what are its goals/objectives. If

available, provide a copy of its mission statement,

brochure, or other literature describing typical activities

it undertakes. Certify that your organization is not being

organized solely for the purpose of traveling to Cuba.

3. Identify the category of travel. The application

should state that a specific license is being requested

pursuant to § 515.567(b) of the Regulations.

4. Description of participants and event.

(a) State the number of people who would need to

engage in travel-related transactions and identify the

nature of the travelers’ roles in the event. Certify that

all persons traveling under the authority of the license

will be active participants in the event scheduled to take

place in Cuba.

(b) Describe the event and state whether it will be

open for attendance and, in relevant situations,

participation by the Cuban public. Please indicate the

40

anticipated size of the Cuban audience that may attend or

participate. State whether there will be opportunity for

interaction between the U.S. and Cuban participants.

rticipants in the event scheduled to take

place in Cuba.

(b) Describe the event and state whether it will be

open for attendance and, in relevant situations,

participation by the Cuban public. Please indicate the

40

anticipated size of the Cuban audience that may attend or

participate. State whether there will be opportunity for

interaction between the U.S. and Cuban participants.

(c) If the activity pertains to a clinic or workshop,

certify that such clinic or workshop will be organized and

run, at least in part, by your organization.

5. Disposition of profits. State whether there will be an

admission fee for the attendees and, if so, the amount.

Identify the nongovernmental organization in Cuba or the

U.S.-based charity to which all U.S. profits from the event

after costs are to be donated. Describe the extent to

which such donation will promote people-to-people contact

or otherwise benefit the Cuban people.

6. Certification of full-time schedule. Certify that the

proposed activities constitute a full-time schedule for all

travelers that could not be completed in a shorter period

of time.

7. Point of contact and venue in Cuba . Identify the

contact person and organization in Cuba that you are

coordinating with and identify the site or venue where the

event will be held.

8. Extensions & renewals: If you are applying for an

extension or renewal of a license granted subsequent to the

issuance of these Application Guidelines on OFAC’s website

on April 29, 2003, be sure to reference the license number

in your application. Provide an explanation why an

extension or renewal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

9

an

extension or renewal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

9. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate.

Note: For groups such as an orchestra or dance troupe, you may

identify active participants generically, e.g., 40 musicians and

one conductor. Individuals who will not be fully engaged as

active participants in the event, however, will not be licensed

and are not eligible to travel under the authority of a license

41

issued pursuant to this section. For example, non-participating

patrons who may have lent financial support to an authorized

group by paying its travel expenses would not be eligible to

travel with that group. In like manner, U.S. individuals may

not be licensed under this section to attend events, such as a

film festival, in which they are not actively participating and

are simply members of the audience. Participation in clinics

and workshops in which third-country nationals are the

predominant participants also will not be licensed. For

questions related to the licensing requirements for the

exportation of commodities and humanitarian goods from the

United States to Cuba, please contact: U.S. Department of

Commerce, Bureau of Industry and Security, Foreign Policy

Controls Division (202) 482-4252.

Examples:

Licensable

Example 1: A hip-hop musical artist wishes to travel to

Cuba to participate in a series of public performances with

Cuban artists whose venues will be open to the Cuba public

and whose profits after costs will be donated to a suitable

non-governmental organization in Cuba

ommerce, Bureau of Industry and Security, Foreign Policy

Controls Division (202) 482-4252.

Examples:

Licensable

Example 1: A hip-hop musical artist wishes to travel to

Cuba to participate in a series of public performances with

Cuban artists whose venues will be open to the Cuba public

and whose profits after costs will be donated to a suitable

non-governmental organization in Cuba.

Example 2: A ceramics artist wishes to co-sponsor an

exhibition of his art with Cuban artists. Note that

specific licenses may be issued under this section for

travel-related transactions involving Cuba relating to the

export of items not otherwise qualifying as “information

material” pursuant to § 515.545. (See: Application

Guidelines, X. Exportation/Importation of Information and

Informational Materials – 31 CFR 515.545.)

Example 3: A group of ballet dancers wishes to travel to

Cuba to hold workshops with the Cuban ballet where they

will, using hands-on instruction, exchange lessons on Cuban

and American ballet techniques.

Example 4: A community-associated baseball team wishes to

travel to Cuba to compete against a comparable Cuban team

in a baseball game that will be open to the Cuban public

and where any costs after profits from the game will be

donated to a suitable non-governmental organization in

Cuba.

42

Not licensable

Example 1: A professional musician, in response to an

invitation from a Cuban organization, wishes to travel to

Cuba to participate in workshops run by that Cuban

organization. Cuba travel-related transactions incident to

participation in these workshops will not be authorized,

since services to the Cuban entity in this regard are

prohibited where the clinic or workshop is not organized,

at least in part, by U.S. individuals or entities

to an

invitation from a Cuban organization, wishes to travel to

Cuba to participate in workshops run by that Cuban

organization. Cuba travel-related transactions incident to

participation in these workshops will not be authorized,

since services to the Cuban entity in this regard are

prohibited where the clinic or workshop is not organized,

at least in part, by U.S. individuals or entities.

Example 2: An orchestra wishes to travel to Cuba to perform

under circumstances that would otherwise qualify, except

that the orchestra is planning to take not only the

musicians themselves but family members and persons who had

donated a certain sum to the orchestra over the past year.

Licenses issued under this section do not extend to persons

not directly involved in the authorized activity.

Example 3: A group of doctors wish to run a clinic in Cuba

open to the Cuban public where the doctors can provide

hands-on instruction to the Cuban people on how to

administer CPR and other emergency medical techniques.

While not qualifying under this section, medical clinics of

the type described may be licensed under § 515.575 of the

Regulations. (See: Application Guidelines, VIII.

Humanitarian Projects – 31 CFR 515.575.)

Example 4: A consultant to the entertainment industry has

been invited to Cuba to participate in a film festival that

is being held there. Her participation will consist of

attending the events that will be held during the festival,

which includes showings of films and discussions of the

films shown with the actual filmmakers and others, both

industry experts and laypersons, who also attend the

festival. The consultant would also collaborate with Cuban

filmmakers on techniques with respect to a film they are

working on. These attendance and consultation activities

are not what is meant by “participation” in public

performances, clinics, workshops, competitions, and

exhibitions under § 515.567(b) of the Regulations.

rs, both

industry experts and laypersons, who also attend the

festival. The consultant would also collaborate with Cuban

filmmakers on techniques with respect to a film they are

working on. These attendance and consultation activities

are not what is meant by “participation” in public

performances, clinics, workshops, competitions, and

exhibitions under § 515.567(b) of the Regulations.

43

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

Text of Regulatory Provision for § 515.567:

§ 515.567 Public performances, clinics, workshops, athletic and other competitions, and exhibitions.

(a) General license. The travel-related transactions set forth in § 515.560(c) and such additional

transactions as are directly incident to athletic competition by amateur or semi-professional

athletes or amateur or semi-professional athletic teams traveling to participate in athletic

competition held in Cuba are authorized, provided that:

(1) The athletic competition in Cuba is held under the auspices of the international sports

federation for the relevant sport;

(2) The United States participants in the athletic competition are selected by the United States

federation for the relevant sport; and

(3) The competition is open for attendance, and in relevant situations participation, by the Cuban

public.

Note to paragraph (a): See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and

reporting requirements. Exportation of items to be used in Cuba may require separate licensing by

the Department of Commerce.

nited States

federation for the relevant sport; and

(3) The competition is open for attendance, and in relevant situations participation, by the Cuban

public.

Note to paragraph (a): See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and

reporting requirements. Exportation of items to be used in Cuba may require separate licensing by

the Department of Commerce.

(b) Specific licenses, including for multiple trips to Cuba over an extended period of time, may be

issued on a case-by-case basis authorizing the travel-related transactions set forth in § 515.560(c)

and other transactions that are directly incident to participation in a public performance, clinic,

workshop, athletic or other competition, or exhibition in Cuba by participants in such activities,

provided that:

(1) The event is open for attendance, and in relevant situations participation, by the Cuban public;

(2) All U.S. profits from the event after costs are donated to an independent nongovernmental

organization in Cuba or a U.S.-based charity, with the objective, to the extent possible, of

promoting people-to-people contacts or otherwise benefiting the Cuban people; and

(3) Any clinics or workshops in Cuba must be organized and run, at least in part, by the licensee.

In general, an individual’s attendance at a purely Cuba-organized clinic or workshop will not be

authorized pursuant to this paragraph.

44

a U.S.-based charity, with the objective, to the extent possible, of

promoting people-to-people contacts or otherwise benefiting the Cuban people; and

(3) Any clinics or workshops in Cuba must be organized and run, at least in part, by the licensee.

In general, an individual’s attendance at a purely Cuba-organized clinic or workshop will not be

authorized pursuant to this paragraph.

44

(c) Specific licenses will not be issued pursuant to this section authorizing any debit to a blocked

account.

Note to § 515.567: See § 515.571 for the authorization of certain transactions related to the

activities of nationals of Cuba traveling in the United States.

45

VII. SUPPORT FOR THE CUBAN PEOPLE – 31 CFR § 515.574

Application Criteria for a specific license under § 515.574:

1. Identify yourself. Furnish your name, address, and

daytime phone number. Describe prior, relevant experiences

you have had with regard to activities similar to those

proposed in the application.

2. Identify your organization. If you are applying on

behalf of an organization, tell us about the organization:

what type of organization is it (e.g., a human rights

organization that monitors the status of political

dissidents) and what are its goals/objectives. If

available, provide a copy of its mission statement,

brochure, or other literature describing typical activities

it undertakes. Describe prior, relevant experiences the

organization has had with regard to activities similar to

those proposed in the application.

3. Identify the category of travel. The application

should state that a specific license is being requested

pursuant to § 515.574 of the Regulations to engage in

activities intended to provide support for the Cuban

people.

4. Describe the project. Provide a detailed description

of the activities to be undertaken and how they will be

carried out and monitored

in the application.

3. Identify the category of travel. The application

should state that a specific license is being requested

pursuant to § 515.574 of the Regulations to engage in

activities intended to provide support for the Cuban

people.

4. Describe the project. Provide a detailed description

of the activities to be undertaken and how they will be

carried out and monitored. State in what manner the

activities support human rights, will promote a rapid,

peaceful transition to democracy or independent activity

intended to strengthen civil society, or otherwise will

provide support for the Cuban people. Identify the

recipient(s) of any proposed funds transfers to Cuba and

any other financial transactions involved as well as any

materials and supplies required to complete the project and

sources thereof.

5. Describe the numbers of persons involved. State the

number of persons who would need to engage in travel-

related transactions to carry out the activities and the

role of each person involved.

6. Certification of full-time schedule. Certify that the

proposed activities will constitute a full-time schedule

that could not be completed in a shorter period of time.

46

State the projected time frame for completion of the

activities.

7. Budget. Describe what funds other than travel-related

expenses would need to be spent in Cuba to carry out the

activities and provide a budget for the expenditures.

Describe how spending arrangements will be monitored and

evaluated. Demonstrate that no significant accumulation of

funds or financial benefit will accrue to the government of

Cuba as a result of these activities.

8. Extensions & renewals: If you are applying for an

extension or renewal of a license granted subsequent to the

issuance of these Application Guidelines on OFAC’s website

on April 29, 2003, be sure to reference the license number

in your application. Provide an explanation why an

extension or renewal is necessary

ll accrue to the government of

Cuba as a result of these activities.

8. Extensions & renewals: If you are applying for an

extension or renewal of a license granted subsequent to the

issuance of these Application Guidelines on OFAC’s website

on April 29, 2003, be sure to reference the license number

in your application. Provide an explanation why an

extension or renewal is necessary. You must also include a

report describing activities undertaken pursuant to the

original license and append a complete copy of the license

to the submission. If you are seeking a renewal or

extension of a license granted prior to April 29, 2003, you

must apply for a new license in accordance with these

Application Guidelines.

9. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate.

Note: Authorization to engage in funds transfers incident to

licensed activities must be specifically requested and

independently authorized under §§ 515.570(d)(1) or 515.801 of

the Regulations. Separate authorization under these provisions

of the Regulations may be included in the same license issued

pursuant to this section or in amendments thereto. For

questions related to the licensing requirements for the

exportation of commodities and humanitarian goods from the

United States to Cuba, please contact: U.S. Department of

Commerce, Bureau of Industry and Security, Foreign Policy

Controls Division (202) 482-4252.

The applicant may also be required, in appropriate cases, to

identify the Cuban individuals and/or non-governmental

organization(s) that will participate in the activities and be

responsible for expenditures if funds are transferred.

he

United States to Cuba, please contact: U.S. Department of

Commerce, Bureau of Industry and Security, Foreign Policy

Controls Division (202) 482-4252.

The applicant may also be required, in appropriate cases, to

identify the Cuban individuals and/or non-governmental

organization(s) that will participate in the activities and be

responsible for expenditures if funds are transferred.

47

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

Text of Regulatory Provision for § 515.574:

§ 515.574 Support for the Cuban People.

(a) Specific licenses may be issued on a case-by-case basis authorizing the travel-related

transactions set forth in § 515.560(c) and other transactions that are intended to provide support

for the Cuban people including, but not limited to, the following:

(1) Activities of recognized human rights organizations,

(2) Activities of independent organizations designed to promote a rapid, peaceful transition to

democracy, and

(3) Activities of individuals and non-governmental organizations that promote independent activity

intended to strengthen civil society in Cuba.

support

for the Cuban people including, but not limited to, the following:

(1) Activities of recognized human rights organizations,

(2) Activities of independent organizations designed to promote a rapid, peaceful transition to

democracy, and

(3) Activities of individuals and non-governmental organizations that promote independent activity

intended to strengthen civil society in Cuba.

(b) Licenses will be issued pursuant to this section once the applicant shows that the proposed

transactions are consistent with the purposes of this section and provides an explanation that no

significant accumulation of funds or financial benefit will accrue to the government of Cuba.

48

VIII. HUMANITARIAN PROJECTS – 31 CFR § 515.575

Application Criteria for a specific license under § 515.575:

1. Identify yourself. Furnish your name, address, and

daytime phone number. Describe any prior, relevant

experiences you have had with regard to projects similar to

those proposed in the application.

2. Identify your organization. If you are applying on

behalf of an organization, tell us about the organization:

what type of organization is it (e.g., a non-governmental

organization that does charity work, etc.) and what are its

goals/objectives. If available, provide a copy of its

mission statement, brochure, or other literature describing

typical activities it undertakes. Describe any prior,

relevant experiences the organization has had with regard

to projects similar to those proposed in the application.

3. Identify the category of travel. State that your

request is for a specific license pursuant to § 515.575 of

the Regulations to engage in a humanitarian (including

environmental) project based in Cuba.

.

4. Describe the project. State the nature of the

humanitarian (including environmental) project: for

example, a medical, health-related, or water conservation

project. Provide a concrete, detailed proposal of the

project and how it will be carried out and monitored

pursuant to § 515.575 of

the Regulations to engage in a humanitarian (including

environmental) project based in Cuba.

.

4. Describe the project. State the nature of the

humanitarian (including environmental) project: for

example, a medical, health-related, or water conservation

project. Provide a concrete, detailed proposal of the

project and how it will be carried out and monitored.

Describe any financial transactions and any materials and

supplies required to complete the project and sources

thereof. State whether funds other than travel-related

expenses would need to be spent in Cuba to carry out the

project and provide a budget for the expenditures. State

in what manner the project will directly benefit the Cuban

people. State the projected time frame for completion of

the project.

5. Describe the numbers of persons involved. State the

number of persons who would need to engage in travel-

related transactions to carry out the project and the

qualifications and role of each person in the project. If

specific travelers have not been identified at the time of

application, they may be identified generically if the

qualifications are self-evident, e.g., an application for a

medical project might state that 3 doctors and 2 nurses

will participate.

49

6. Certification of full-time schedule. Certify that the

proposed activities will constitute a full-time schedule

for all the participants that could not be completed in a

shorter period of time.

7. Identify point of contact in Cuba. Identify any Cuban

individuals and/or non-governmental organization(s) that

will participate in carrying out the project. Give the

name and address of the Cuban non-governmental

organization(s) and individual points of contact associated

with such organizations.

8. Government of Cuba

that could not be completed in a

shorter period of time.

7. Identify point of contact in Cuba. Identify any Cuban

individuals and/or non-governmental organization(s) that

will participate in carrying out the project. Give the

name and address of the Cuban non-governmental

organization(s) and individual points of contact associated

with such organizations.

8. Government of Cuba. Identify any Cuban governmental

entity or government-affiliated entity you must contact for

permits or other approvals to do the project and state the

nature of the contacts and any involvement of the Cuban

entity in the project.

9. Extensions & Renewals: If you are applying for an

extension or renewal of a license granted subsequent to the

issuance of these Application Guidelines on OFAC’s website

on April 29, 2003, be sure to reference the license number

in your application. Provide an explanation why an

extension or renewal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

10. Sign your letter. Your signature is your

certification that the statements in your application are

true and accurate.

Note: If the proposed humanitarian project solely involves the

accompanied delivery of donated goods, please refer to the

licensing criteria set forth under XI. TRAVEL IN CONNECTION

WITH EXPORTATIONS – 31 CFR §§ 515.533 & 515.559 in the

Application Guidelines. For questions related to the licensing

requirements for the exportation of commodities and humanitarian

goods from the United States to Cuba, please contact: U.S.

Department of Commerce, Bureau of Industry and Security, Foreign

Policy Controls Division (202) 482-4252.

ia set forth under XI. TRAVEL IN CONNECTION

WITH EXPORTATIONS – 31 CFR §§ 515.533 & 515.559 in the

Application Guidelines. For questions related to the licensing

requirements for the exportation of commodities and humanitarian

goods from the United States to Cuba, please contact: U.S.

Department of Commerce, Bureau of Industry and Security, Foreign

Policy Controls Division (202) 482-4252.

50

Examples:

Licensable

Example 1: A medical group wishes to help renovate a

health clinic. They want to purchase some lumber and other

construction supplies in Cuba. Provided the clinic is run

by a Cuban non-governmental organization, such transactions

may be licensed.

Example 2: A U.S. environmental organization seeks to help

preserve the habitat of an endangered species in Cuba, in

part through an educational campaign designed to improve

understanding of environmental issues.

Example 3: A farmers’ cooperative wishes to educate and

train independent farmers in Cuba regarding organic

sustainable agricultural practices.

Example 4: A medical team of ophthalmologists wants to

travel to Cuba with their mobile clinic to perform eye

surgery on Cuban patients and deliver prescription

medicines. Note that both the temporary exportation of

their mobile clinic and the exportation of the medications

must qualify for a Department of Commerce license.

Not licensable

Example 1: A consulting firm seeks to provide services to

the Cuban government with respect to the promotion of eco-

tourism as a means of preserving undeveloped areas of the

country. Travel-related transactions with respect to such

services, the provision of the services themselves, and the

promotion of tourism in Cuba would not be licensed.

Example 2: A U.S. humanitarian organization wants a

license to enable it to solicit participation by any

interested persons to travel to Cuba to provide

humanitarian aid, which the travelers themselves are to

purchase

country. Travel-related transactions with respect to such

services, the provision of the services themselves, and the

promotion of tourism in Cuba would not be licensed.

Example 2: A U.S. humanitarian organization wants a

license to enable it to solicit participation by any

interested persons to travel to Cuba to provide

humanitarian aid, which the travelers themselves are to

purchase. The organization is not eligible for a license,

as it intends to use that authorization to permit travel-

transactions by persons having no relationship to it.

Example 3: A volunteer organization seeks a license to

assist with a school construction project in Cuba. Since

51

most schools in Cuba are government run, this project

normally would not be licensed.

Example 4: A U.S. company wants to send its

representatives to Cuba to donate shoes it produces to

various Cuban educational facilities. While commercial

entities may donate goods to licensed non-

governmental/private voluntary organizations for delivery

to Cuba, commercial entities normally are not licensed to

make the donations directly. Additionally, requests to

accompany delivery of authorized exports should follow the

guidelines set forth in XI. TRAVEL IN CONNECTIONS WITH

EXPORTATIONS -31 CFR §§ 515.533 and 515.559 of the

Application Guidelines.

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

Text of Regulatory Provision for § 515.575:

§ 515.575 Humanitarian projects

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

Text of Regulatory Provision for § 515.575:

§ 515.575 Humanitarian projects.

Specific licenses may be issued on a case-by-case basis authorizing the travel-related transactions

set forth in § 515.560(c) and such additional transactions as are directly incident to certain

humanitarian projects in or related to Cuba not otherwise covered by this part that are designed to

directly benefit the Cuban people. Such projects may include, but are not limited to: medical and

health-related projects; construction projects intended to benefit legitimately independent civil

society groups; environmental projects; projects involving formal or non-formal educational

training, within Cuba or off-island, on topics including civil education, journalism, advocacy and

organizing, adult literacy, and vocational skills; community-based 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; and projects to meet basic

human needs. Specific licenses may be issued authorizing transactions for multiple visits for the

same project over an extended period of time by applicants demonstrating a significant record of

overseas humanitarian projects.

opment of small scale private enterprise; projects that are related to

agricultural and rural development that promote independent activity; and projects to meet basic

human needs. Specific licenses may be issued authorizing transactions for multiple visits for the

same project over an extended period of time by applicants demonstrating a significant record of

overseas humanitarian projects.

52

IX. PRIVATE FOUNDATIONS AND EDUCATIONAL AND RESEARCH INSTITUTES

– 31 CFR § 515.576

Application Criteria for a specific license under § 515.576:

1. Identify your organization. Provide the name and

address of your organization and include the name and phone

number of the organization’s contact responsible for the

application. Provide information that illustrates how your

organization qualifies as a private foundation, research

institute, or educational institute.

2. Established interest in international relations.

Provide a description, including supporting documentation,

of your organization’s established interest in

international relations. You may include a mission

statement, a charter, by-laws, or other literature

describing typical activities the organization engages in.

3. Identify the category of travel. State that your

organization requests a specific license pursuant to

§ 515.576 of the Regulations to collect information related

to Cuba for noncommercial purposes.

4. Identify project. Describe the specific international

relations project your organization is working on that

necessitates the collection of information in Cuba, the

methods that will be used for collecting that information,

how your organization will record that information, and

whether and how the information collected will be publicly

disseminated. Provide a declaration that the information

collected related to Cuba will be used for non-commercial

purposes

t your organization is working on that

necessitates the collection of information in Cuba, the

methods that will be used for collecting that information,

how your organization will record that information, and

whether and how the information collected will be publicly

disseminated. Provide a declaration that the information

collected related to Cuba will be used for non-commercial

purposes. If your organization seeks authorization to

engage in travel-related transactions for multiple trips to

Cuba for the same project, explain why multiple trips are

necessary. State the projected time frame for completion

of the project.

5. Certification of full-time schedule. Certify that the

proposed information collection activities will constitute

a full-time schedule for all the participants that could

not be completed in a shorter period of time.

6. Extensions & Renewals: If you are applying for an

extension or renewal of a license granted subsequent to the

issuance of these Application Guidelines on OFAC’s website

on April 29, 2003, be sure to reference the license number

53

in your application. Provide an explanation why an

extension or renewal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

7. Signature. Your signature is your certification that

the statements in your application are true and accurate.

Examples:

Licensable

Example 1: A private research foundation with a 10-year

history of producing essays on international relation

issues wishes to send a team made up of its employees to

Cuba to collect information relevant to a current study of

the relationship that countries in the Western Hemisphere

have with Russia

hat

the statements in your application are true and accurate.

Examples:

Licensable

Example 1: A private research foundation with a 10-year

history of producing essays on international relation

issues wishes to send a team made up of its employees to

Cuba to collect information relevant to a current study of

the relationship that countries in the Western Hemisphere

have with Russia. This current project as well as the

information collected in Cuba will not be used for any

commercial purpose.

Example 2: The same research foundation described in the

first example wishes to hire temporarily and send to Cuba a

college professor who is not an employee of the foundation,

to collect information for the same project.

Not licensable

Example 1: A museum of fine arts wishes to send its board

of directors to Cuba to collect information relevant to an

upcoming display of artworks of Cuban artists at the

museum. The fact that the museum has displayed works of

international artists on numerous occasions in its history

does not demonstrate that the museum has an established

interest in international relations. In addition, the

display of artworks of Cuban artists would not be viewed as

an international relations project. Authorization may be

available, however, under § 515.545, regarding the

importation of informational materials. (See: Application

Guidelines, X. EXPORTATION/IMPORTATION OF INFORMATION AND

INFORMATIONAL MATERIALS – 31 CFR § 515.545.)

ed

interest in international relations. In addition, the

display of artworks of Cuban artists would not be viewed as

an international relations project. Authorization may be

available, however, under § 515.545, regarding the

importation of informational materials. (See: Application

Guidelines, X. EXPORTATION/IMPORTATION OF INFORMATION AND

INFORMATIONAL MATERIALS – 31 CFR § 515.545.)

54

Mailing Address: Applications for specific licenses under this

category should be submitted to:

Licensing Division

Office of Foreign Assets Control

U.S. Department of the Treasury

1500 Pennsylvania Avenue, N.W.

Washington, D.C. 20220

Tel. 202/622-2480

Internet website at www.treas.gov/ofac (Sanctions Programs &

Country Summaries – Cuba, Guidelines and Information)

Text of Regulatory Provision for § 515.576:

§ 515.576 Activities of private foundations or research or educational institutes.

Specific licenses may be issued on a case-by-case basis authorizing the travel-related transactions

set forth in § 515.560(c) and such additional transactions as are directly incident to activities by

private foundations or research or educational institutes that have an established interest in

international relations to collect information related to Cuba for noncommercial purposes, not

otherwise covered by the general license for professional research contained in § 515.564 or more

properly issued under § 515.575, relating to humanitarian projects. Specific licenses may be issued

pursuant to this section authorizing transactions for multiple trips to Cuba for the same project

over an extended period of time.

ct information related to Cuba for noncommercial purposes, not

otherwise covered by the general license for professional research contained in § 515.564 or more

properly issued under § 515.575, relating to humanitarian projects. Specific licenses may be issued

pursuant to this section authorizing transactions for multiple trips to Cuba for the same project

over an extended period of time.

55

X. EXPORTATION/IMPORTATION OF INFORMATION AND INFORMATIONAL

MATERIALS – 31 CFR § 515.545

Application criteria for a specific license under § 515.545:

1. Identify yourself. Furnish your name, address, and

daytime phone number.

2. Identify your organization. If you are applying on

behalf of an organization, tell us about the organization:

what type of organization is it (e.g., a book distributor,

a telecommunications company, etc.) and what are its

goals/objectives. If available, provide a copy of its

mission statement, brochure, or other literature describing

typical activities it undertakes.

3. Identify the category of travel. State your request

for a specific license to engage in transactions directly

incident to the exportation/importation of information or

informational materials under § 515.545(c) of the

Regulations.

4. Identify the information or informational materials.

(a) Informational materials: Provide a description

of the item(s) you seek to export and/or import. The items

must fall within the scope of “information and

informational materials” as defined in 31 CFR § 515.332.

State the specific purpose of travel, e.g., to identify and

purchase Cuban books and arrange for their importation into

the United States for resale by bookstores.

(a) Informational materials: Provide a description

of the item(s) you seek to export and/or import. The items

must fall within the scope of “information and

informational materials” as defined in 31 CFR § 515.332.

State the specific purpose of travel, e.g., to identify and

purchase Cuban books and arrange for their importation into

the United States for resale by bookstores.

(b) Telecommunications: Companies seeking to engage

in Cuba travel-related transactions incident to the

provision of telecommunications services between the United

States or third countries and Cuba should state the

specific purpose of the travel and what Federal

Communications Commission licenses or authorizations they

hold.

5. Qualifications. If the specific license is being

sought by an individual, provide a copy of your resume or

other documentation to demonstrate your professional

background relevant to the informational materials of the

type that you seek to export/import. Representatives of

telecommunications companies may provide their position

title(s).

56

6. Certification of full-time schedule. Certify that the

proposed activities will constitute a full-time schedule

that could not be completed in a shorter period of time.

7. Extensions & Renewals: If you are applying for an

extension or renewal of a license granted subsequent to the

issuance of these Application Guidelines on OFAC’s website

on April 29, 2003, be sure to reference the license number

in your application. Provide an explanation why an

extension or renewal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

8. Sign your letter

newal is necessary. You must also include a

report setting forth a record of all activities undertaken

pursuant to the original license and append a complete copy

of the license to the submission. If you are seeking a

renewal or extension of a license granted prior to April

29, 2003, you must apply for a new license in accordance

with these Application Guidelines.

8. Sign your letter. Your signature is your certification

that the statements in your application are true and

accurate.

Note: Please review §§ 515.206, 515.332, 515.542, and 515.545

of the Regulations, the text of which is set forth at the end of

this category description, which contain the rules regarding

transactions involving information or informational materials.

Examples:

Licensable

Example 1: A U.S. book distributor proposes to engage in

travel-related transactions in Cuba to purchase Cuban books

intended for importation into the United States and resale

through bookstores.

Example 2: A U.S. art gallery proposes to purchase Cuban

artworks for importation into the United States and display

at the art gallery, and seeks to travel to Cuba for

purposes of selecting appropriate artwork for importation

into the United States.

Example 3: A U.S. book dealer wishes to travel to Cuba to

rent a booth at a book fair to display books he has for

sale.

57

Not licensable

Example 1: A U.S. author seeks to co-author a book with a

Cuban author regarding a subject of interest to both and

for which both are qualified. Licenses issued under this

section pertain solely to exporting or importing pre-

existing informational material and do not authorize the

creation of new informational material. Authors interested

in researching and writing a book about Cuba should review

III. PROFESSIONAL RESEARCH AND MEETINGS – 31 CFR § 515.564

of the Application Guidelines.

Example 2: A private art collector seeks to travel to Cuba

in the hopes of acquiring Cuban artworks for his personal

collection

ting informational material and do not authorize the

creation of new informational material. Authors interested

in researching and writing a book about Cuba should review

III. PROFESSIONAL RESEARCH AND MEETINGS – 31 CFR § 515.564

of the Application Guidelines.

Example 2: A private art collector seeks to travel to Cuba

in the hopes of acquiring Cuban artworks for his personal

collection. Travel-related transactions are not authorized

for purposes of acquiring informational materials to

augment personal collections.

Example 3: A photographer wishes to travel to Cuba to take

photographs for publication as greeting cards and coffee

table books. Licenses issued under this section pertain

solely to exporting or importing pre-existing informational

material and does not cover the creation of n

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FOREIGN ASSETS CONTROL ACT · FDIC FIL-37-2003 | Frix