More U.S. amendments to Cuba sanctions regulations

More U.S. amendments to Cuba sanctions regulations

The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and the Commerce Department’s Bureau of Industry and Security (BIS) today jointly released for publication in the Federal Register amendments to the Cuban Assets Control Regulations (CACR) and Export Administration Regulations (EAR), respectively.

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According to a Treasury release, the amendments will be effective October 17, 2016, when the regulations are published in the Federal Register.  The changes are intended to:

  • Expand opportunities for scientific collaboration by authorizing certain transactions related to Cuban-origin pharmaceuticals and joint medical research
  • Improve living conditions for Cubans by expanding existing authorizations for grants and humanitarian-related services
  • Increase people-to-people contact in Cuba by facilitating authorized travel and commerce
  • Facilitate safe travel between the United States and Cuba by authorizing civil aviation safety-related services
  • Bolster trade and commercial opportunities by expanding and streamlining authorizations relating to trade and commerce
  • Implement certain technical and conforming changes, in support of the process of normalizing bilateral relations with Cuba 

Trade specific amendments

Export-related transactions. OFAC is amending its general license authorizing certain transactions incident to exports and reexports authorized by the BIS to eliminate references to “100% U.S.-origin items.”  This is intended to minimize and clarify the circumstances in which an export or reexport authorized by BIS requires additional licensing by OFAC.

Consumer goods for personal use. BIS will generally authorize exports of certain consumer goods that are sold online or through other means directly to eligible individuals in Cuba for their personal use.  

Imports of previously exported items. OFAC is adding an authorization that will allow the importation into the United States or a third country of items that were previously exported or reexported to Cuba pursuant to a BIS or OFAC authorization.  This authorization will also permit persons subject to U.S. jurisdiction to service and repair such items.  Exporting or reexporting replacement items or items that have been repaired or serviced must be separately authorized by OFAC and/or BIS as appropriate.

Contingent contracts. OFAC is adding an expanded general license that will authorize persons subject to U.S. jurisdiction to enter into certain contingent contracts for transactions currently prohibited by the embargo, provided that contract performance is made expressly contingent on prior authorization by OFAC and any other relevant Federal agency, or on authorization no longer being required. Transactions ordinarily incident to negotiating and entering into such contracts will also be authorized. 

Financing. OFAC is making a technical correction to clarify that agricultural items, such as pesticides and tractors, authorized by BIS for export or reexport to Cuba are not subject to restrictions on payment terms. As required by the Trade Sanctions Reform and Export Enhancement Act, authorized exports and reexports to Cuba of agricultural commodities, such as poultry and corn, remain subject to the limited payment and financing terms of cash in advance or third country financing.

Certain vessel transactions. OFAC is issuing a general license that will waive the restriction prohibiting foreign vessels from entering a U.S. port for purposes of loading or unloading freight for 180 days after calling on a Cuban port for trade purposes if the items the vessel carried to Cuba would, if subject to the EAR, be designated as EAR99 or controlled on the Commerce Control List for anti-terrorism reasons only.

Transit of cargo. BIS will generally authorize air cargo to transit Cuba, complementing an existing general authorization for cargo transiting Cuba aboard vessels.

Documents

Read the final rule [PDF 203 KB] from BIS and the final rule [PDF 217 KB] from OFAC. 

 

For more information, contact a professional with KPMG’s Trade & Customs practice:

Douglas Zuvich | +1 (312) 665-1022 | dzuvich@kpmg.com

Andrew Siciliano | +1 (631) 425-6057 | asiciliano@kpmg.com

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