# FDIC FIL-37-2003: FOREIGN ASSETS CONTROL ACT > Federal · Agency guidance · Superseded URL: https://www.frixlaw.com/law-library/statutes/FDIC_FIL03037 ## Section - **Citation:** FDIC FIL-37-2003 - **Heading:** FOREIGN ASSETS CONTROL ACT - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** Superseded - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** FDIC Financial Institution Letters / FOREIGN ASSETS CONTROL ACT ## Text 1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 3 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 4 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) 5 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. 7 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. 8 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 9 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. 10 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. 11 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. Th [Text truncated at 120,000 characters. 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Check the current official text before relying on it. Not legal advice.