US TREASURY GUIDANCE ON TRAVEL BETWEEN USA AND CUBA

The US Treasury has issued guidance on travel between the US and Cuba, link here.

The guidance sets out the types of cargo that authorised carriers may transport between the US and Cuba. The Cuban Assets Control Regulations (CACR) permit all transactions ordinarily relating to the export from the US to Cuba of items licensed or otherwise authorised by the Bureau of Industry and Security. Information and informational materials, such as publications, photographs, and articles, are exempt from the prohibitions in the CACR.

Pursuant to the CACR, authorised carriers and travellers may transport from Cuba to the US:

  1. For persons subject to US jurisdiction – up to $400 of merchandise from Cuba for personal use, of which at most $100 may be alcohol or tobacco products
  2. For foreign nationals – any non-commercial quantity of Cuban-origin goods, of which at most $100 may be alcohol or tobacco products for personal use
  3. For any traveller – goods authorised by the Code of Federal Regulations and State Department’s list (available here)
  4. For any traveller who is returning to the US from Cuba – any items the traveller temporarily exported to Cuba under a BIS license or other authorisation
  5. For any carrier – cargo, other than accompanied baggage, the import of which has been authorised by a general or specific licence, or any other relevant US government agency

Information and informational materials produced in Cuba are also exempt from the prohibitions in the CACR.

The guidance also specifies which individuals may be transported between the US and Cuba by an authorised carrier via aircraft or a commercial passenger vessel:

  1. Persons subject to US jurisdiction (including unblocked Cuban nationals residing in the US) who are travelling pursuant to a general licence under one of 12 categories listed in the CACR, or under a specific licence from OFAC
  2. Cuban or third party nationals with a valid visa seeking entry to the US
  3. Cuban nationals present in the US with non-immigrant status or under other non-immigrant travel authorisation from the US government

Any individual, including foreign nationals, and their close relatives who are travelling on official business of the US government, a foreign government, or an intergovernmental organisation of which the US is a member or observer.

This entry was posted in Cuba, USA by Michael O'Kane. Bookmark the permalink.

About Michael O'Kane

Michael O’Kane is a partner and Head of the Business Crime team at leading UK firm Peters & Peters. Described as ‘first-rate’ (Legal 500 2012), he “draws glowing praise from commentators” (Chambers 2013) for handling the international aspects of business crime, including sanctions, extradition and mutual legal assistance. Called to the Bar in 1992 and prior to joining Peters & Peters he was a senior specialist prosecutor at the Crown Prosecution Service Headquarters(CPS). At CPS HQ he was a key member of a small specialist unit responsible for the prosecution of serious and high profile fraud, terrorist and special interest criminal matters including the Stansted Airport Afghan hijacking and the prosecution of Paul Burrell (Princess Diana’s butler). Michael joined Peters & Peters in 2002. He became a partner in May 2004, and Head of the Business Crime team in May 2009. Since joining Peters & Peters, Michael has dealt with a wide range of business crime matters. He has particular expertise in international sanctions, criminal cartels, extradition, corruption, mutual legal assistance, and FSA investigations. Described as“ an influential practitioner in fraud and regulatory work, so much so that he is top of the referral lists of many City firms for independent advice for directors” (The Lawyer’s Hot 100 2009), he was recognised as one of the UK’s most innovative lawyers in the 2011 FT Innovative Lawyer Awards and included in the list of the UK's leading lawyers in 'The International Who's Who of Asset Recovery 2012. In 2012 he was the winner of the Global Competition Review Article of the Year. Michael regularly appears on television and radio to discuss his specialist areas and he is the author of the leading textbook on the UK Criminal Cartel Offence “The Law of Criminal Cartels-Practice and Procedure” (Oxford University Press 2009). Recent/Current Sanctions Work • Representing 109 individuals and 12 companies subject to designation by the European Council under targeted measures imposed against Zimbabwe. This is the largest and most complex collective challenge to a sanctions listing ever brought before the European Court. • Acting for a former Egyptian Minister and his UK resident wife, challenging their designation by the European Council of Ministers under targeted measures brought against former members of the Egyptian Government. • Advising a company accused in a UN investigation report to have breached UN sanctions imposed in relation to Somalia. • Advising a UK company in relation to ongoing commercial relationships with an Iranian company listed under both EU and UN sanctions. • Advising an individual in relation to a UK investigation for alleging breaching nuclear export controls.

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