It's a short one – only 3 questions. Question 1:
Which individuals may be transported between the United States and Cuba by a person
that qualifies for the general license to provide carrier services?
Persons subject to U.S. jurisdiction who are traveling to or from Cuba pursuant to a
general license under one of the 12 categories of travel listed in section 515.560 of the
Cuban Assets Control Regulations, 31 C.F.R. part 515 (CACR), or under a specific
license from OFAC may be transported between the United States and Cuba.
Cuban nationals applying for admission to the United States, as well as third-country
nationals, with a valid visa or other travel authorization1 issued by the U.S. government
may be transported to the United States from Cuba.
Cuban nationals present in the United States in a non-immigrant status or pursuant to
other non-immigrant travel authorization issued by the U.S. government may be
transported from the United States to Cuba. Cuban nationals who have taken up
residence in the United States and are licensed as unblocked nationals pursuant to 31
C.F.R. § 515.505(a)(1) are persons subject to U.S. jurisdiction and may be transported
between the United States and Cuba if they meet the criteria set out in the first bullet
An individual, including a foreign national, who is traveling on official business of the
U.S. government, a foreign government, or an intergovernmental organization of which
the United States is a member or in which the United States holds observer status –
including an employee, contractor, or grantee of such government or intergovernmental
organization and any individual traveling on a diplomatic passport, as well as any close
relative, as defined in 31 C.F.R. § 515.339, accompanying the traveler — may be
transported between the United States and Cuba.
Section 515.572 of the CACR authorizes persons subject to U.S. jurisdiction to provide carrier
services to, from, or within Cuba, in connection with travel and transportation of individuals
between the United States and Cuba, directly or indirectly, authorized pursuant to the CACR.
The Commerce Department’s Bureau of Industry and Security (BIS) regulates the temporary
sojourn to Cuba of both aircraft and vessels, which in some cases is authorized by License
Exception Aircraft, Vessels and Spacecraft (AVS) but may require separate authorization by
BIS. Persons engaging in carrier services may require additional authorizations by other U.S.
government agencies. Persons subject to U.S. jurisdiction providing travel or carrier services are
required to retain for at least five years from the date of the transaction a certification from each
customer indicating the section of the CACR, or the specific license, that authorizes the person to
travel to Cuba.
What type of cargo may a person authorized to provide carrier services transport from the
United States to Cuba?
Section 515.533 of the CACR authorizes all transactions ordinarily incident to the export to
Cuba of items licensed or otherwise authorized by BIS. Accordingly, a person providing carrier
services for authorized travelers going from the United States to Cuba may transport cargo and
baggage accompanying an authorized traveler provided that the export of the cargo and baggage
is authorized by BIS. Additionally, a person providing carrier services for authorized travelers
going from the United States to Cuba may transport other cargo or unaccompanied baggage
whose export to Cuba is authorized by BIS.
The exportation of information and informational materials, as defined in section 515.332 of the
CACR, to Cuba from the United States is exempt from the prohibitions of the CACR.
What type of cargo may a person authorized to provide carrier services transport from
Cuba to the United States?
Under the CACR, an authorized traveler departing Cuba for the United States may carry as
For persons subject to U.S. jurisdiction, up to $400 of merchandise acquired in Cuba for
personal use, of which up to $100 may be alcohol or tobacco products.
For foreign nationals, any Cuban-origin goods other than alcohol or tobacco products,
provided that such goods are not in commercial quantities and are not imported for
resale, as authorized by 31 CFR § 515.569, and up to $100 in alcohol/tobacco products
acquired in Cuba for personal use (see note to 31 C.F.R. § 515.569).
All travelers also may carry goods produced by Cuban entrepreneurs as authorized by 31
CFR § 515.582 and the State Department’s Section 515.582 List (available at
http://www.state.gov/e/eb/tfs/spi/cuba/515582/237471.htm), without monetary limitation.
A traveler who left the United States for Cuba and is now returning to the United States
also may carry any items the traveler temporarily exported to Cuba pursuant to a BIS
Additionally, persons authorized to provide carrier services may transport from Cuba to the
United States cargo, other than accompanied baggage, the importation of which has been
authorized by general or specific license from OFAC, subject to obtaining any additional
authorization(s) that may be required by any other relevant U.S. government agency.
The importation of Cuban-origin information and informational materials, as defined in section
515.332 of the CACR, is exempt from the prohibitions of the CACR.
Imports authorized by OFAC would still be subject to other U.S. law, such as import duties.