31 C.F.R. § 515.560 Travel-related transactions to, from, and within Cuba by persons subject to U.S. jurisdiction.
Title 31 - Money and Finance: Treasury
(a) The travel-related transactions listed in paragraph (c) of this section may be authorized either by a general license or on a case-by-case basis by a specific license for travel related to the following activities (see the referenced sections for the applicable general and specific licensing criteria): (1) Visits to members of a person's immediate family (specific licenses) (see §515.561); (2) Official business of the U.S. government, foreign governments, and certain intergovernmental organizations (general license) (see §515.562); (3) Journalistic activity (general and specific licenses) (see §515.563); (4) Professional research (general and specific licenses) (see §515.564); (5) Educational activities (specific licenses) (see §515.565); (6) Religious activities (specific licenses) (see §515.566); (7) Public performances, athletic and other competitions, and exhibitions (specific licenses) (see §515.567); (8) Support for the Cuban people (specific licenses) (see §515.574); (9) Humanitarian projects (specific licenses) (see §515.575); (10) Activities of private foundations or research or educational institutes (specific licenses) (see §515.576); (11) Exportation, importation, or transmission of information or informational materials (specific licenses) (see §515.545); and (12) 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 (specific licenses) (see §§515.533 and 515.559). (b) Effective October 28, 2000, no specific licenses will be issued authorizing the travel-related transactions in paragraph (c) of this section in connection with activities other than those referenced in paragraph (a) of this section. (c) Persons generally or specifically licensed under this part to engage in transactions in connection with travel to, from, and within Cuba may engage in the following transactions: (1) Transportation to and from Cuba. All transportation-related transactions ordinarily incident to travel to and from (not within) Cuba, provided no more than $500 may be remitted to Cuba directly or indirectly in any consecutive 12-month period for fees imposed by the Government of Cuba in conjunction with such travel unless otherwise authorized. (2) Living expenses in Cuba. All transactions ordinarily incident to travel anywhere within Cuba, including payment of living expenses and the acquisition in Cuba of goods for personal consumption there, are authorized, provided that, unless otherwise authorized, the total for such expenses does not exceed: (i) For visits to members of a person's immediate family pursuant to §515.561, $50 per day plus up to an additional $50 per trip, if needed, to cover within-Cuba transportation-related expenses. (ii) For all other authorized activities, the “maximum per diem rate” for Havana, Cuba, in effect during the period that the travel takes place. The maximum per diem rate is published in the State Department's “Maximum Travel Per Diem Allowances for Foreign Areas,” a supplement to section 925, Department of State Standardized Regulations (Government Civilians, Foreign Areas), which is available from the Government Printing Office, Superintendent of Documents, P.O. Box 371945, Pittsburgh, PA 15250–7954 and on the Internet at http://www.state.gov/m/a/als/prdm. (3) Importation of Cuban merchandise prohibited. Nothing in this section authorizes the importation into the United States of any merchandise purchased or otherwise acquired in Cuba, including but not limited to any importation of such merchandise as accompanied baggage. The importation of Cuban-origin information and informational materials is exempt from the prohibitions of this part, as described in §515.206. (4) Carrying remittances to Cuba. The carrying to Cuba of any remittances that the licensed traveler is authorized to remit pursuant to §515.570 is authorized, provided that: (i) The total of all family household remittances authorized by §515.570(a) does not exceed $300, and (ii) No emigration remittances authorized by §515.570(b) are carried to Cuba unless a U.S. immigration visa has been issued for each payee and the licensed traveler can produce the visa recipients' full names, dates of birth, visa numbers, and visa dates of issuance. Note to paragraph (5) Processing certain financial instruments. All transactions incident to the processing and payment of checks, drafts, travelers' checks, and similar instruments negotiated in Cuba by any person authorized pursuant to this part to engage in financial transactions in Cuba. For purposes of this section, the authorized transactions may be conducted using currency, which is defined as money, cash, drafts, notes, travelers' checks, negotiable instruments, or scrip having a specified or readily determinable face value or worth, but which does not include gold or other precious metals in any form. (d) A Cuban national departing the United States may carry currency, as that term is defined in paragraph (c)(5) of this section, as follows: (1) The amount of any currency brought into the United States by the Cuban national and registered with the U.S. Customs Service upon entry; (2) Up to $300 in funds received as remittances by the Cuban national during his or her stay in the United States; and (3) Compensation earned by a Cuban national from a U.S. academic institution up to any amount that can be substantiated through payment receipts from such institution as authorized pursuant to §515.565(a)(5). (e) The following transactions by persons generally or specifically licensed to engage in travel-related transactions to, from, and within Cuba are prohibited by §515.201 unless specifically authorized: (1) All transactions by persons subject to U.S. jurisdiction related to the utilization of charge cards, including but not limited to debit or credit cards, for expenditures in Cuba. (2) All transactions related to the processing and payment by persons subject to U.S. jurisdiction, such as charge card issuers or intermediary banks, of charge card instruments (e.g., vouchers, drafts, or sales receipts) for expenditures in Cuba. The issuer of a charge card, or a foreign charge card firm owned or controlled by persons subject to U.S. jurisdiction, is not authorized to deal with a Cuban enterprise, a Cuban national, or a third-country person, such as a franchisee, in connection with the extension of charge card services to any person in Cuba. (f) Carrying accompanied baggage to Cuba. The carrying to Cuba of accompanied baggage, as described in 15 CFR 740.14, provided that no more than 44 pounds of accompanied baggage per traveler may be carried unless otherwise authorized by the Bureau of Industry and Security of the Department of Commerce or, for exportations of non-U.S. origin accompanied baggage from third countries to Cuba, by a specific license from OFAC. (g) Nothing in this section authorizes transactions in connection with tourist travel to Cuba, nor does it authorize transactions in relation to any business travel, including making or agreeing to make any investment in Cuba, establishing or agreeing to establish any branch or agency in Cuba, or transferring or agreeing to transfer any property to Cuba, except transfers by or on behalf of individual or group travelers authorized pursuant to this part. [64 FR 25814, May 13, 1999, as amended at 66 FR 36688, July 12, 2001; 68 FR 14146, Mar. 24, 2003; 69 FR 33771 and 33773, June 16, 2004]
Title 31: Money and Finance: Treasury
PART 515—CUBAN ASSETS CONTROL REGULATIONS
Subpart E—Licenses, Authorizations, and Statements of Licensing Policy
§ 515.560 Travel-related transactions to, from, and within Cuba by persons subject to U.S. jurisdiction.
