U.S. SANCTIONS AGAINST CUBA

Transcription

1 U.S. SANCTIONS AGAINST CUBA A Discussion of Permissible Trade

2 Primary Legal Authority Trading With the Enemy Act of 1917 (TWEA) g y ( ) (50 U.S.C. app. 5&16)

3 Other Supporting Laws & Regulations Proclamation Embargo on all Trade with Cuba (Feb. 1962) The Cuban Assets Control Regulations, 31 CFR Part 515 (July 1963) The Cuban Democracy Act of 1992 The Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 Trade Sanctions Reform and Export Enhancement Act of 2000

4 Comprehensive Country Sanctions Cuba Programs (Country) Iran Sudan Syria* * Does not include a general prohibition on the importation of Syrian-origin goods or services into the United States

5 OFAC s Jurisdiction Includes Both Persons And Property Subject To U.S. Jurisdiction Persons include: Individuals U.S. citizens and permanent resident aliens located anywhere in the world Individuals, regardless of citizenship, physically located in the United States Entities Organized under U.S. law, including foreign branches of U.S. companies Physically located in the U.S., including U.S. branches, agencies and representative offices of foreign corporations Owned or controlled by a U.S. citizen, lawful permanent resident, or entity organized under U.S. law.

6 General vs Specific License General License General licenses constitute authorization for transactions set forth in OFAC s regulations No further authorization is required from OFAC if an entity/individual falls within the scope of the general license provision povso and dcomplies eswt with all requirements e e Specific License Requires the submission of a license application to OFAC Licenses are issued on a case-by-case basis

7 General Prohibitions The CACR prohibit all persons subject to the jurisdiction of the United States from dealing in property in which Cuba or a Cuban national has an interest unless authorized by a specific license or pursuant to a general license or otherwise exempt from regulation

8 Certain Transactions Pertaining to Permissible Trade Exports Imports Travel related to the facilitation i of exports and imports

9 Exports (a) 533(a) General License: Transactions incident to the exportation of items from the U.S. and reexportation of 100% U.S.-origin products to Cuba Exportation or reexportation must be licensed or otherwise authorized by the Department of Commerce under the Export Administration Regulations Payments/financing must be cash in advance or by a 3 rd country letter of credit

10 Exports (cont) (b)(1) Specific License: The exportation to Cuba of commodities by U.S.-owned or controlled firms in third countries under certain conditions Medicine or medical supplies Telecommunications equipment

11 Exports (cont) (a) Exempt Transactions Information & Informational Materials Definition ( ): Publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD Roms, artworks, news wire feeds, and other information and informational articles

12 Imports (a) Exempt Transactions Information &Informational lmaterials

13 Note on Entry of Vessels into the U.S. Engaged gg in Trade with Cuba (a) No vessel that enters a port or place in Cuba to engage in the trade of goods or the purchase or provision of services, may enter a U.S. port for the purpose of loading or unloading freight for a period of 180 days from the date the vessel departed from a port or place in Cuba; (b) No vessel carrying goods or passengers to or from Cuba or carrying goods in which Cuba or a Cuban national has an interest may enter a U.S. port with such goods or passengers on board The prohibitions set forth in (a) ()&(b) do not apply ppyto vessels engaging in trade authorized by licenses issued pursuant to & or is exempt under

14 Travel Related to the Facilitation of Imports and Exports 1. Family Visits 2. Official Government Travel 3. Journalistic Activity 4. Professional Research and Professional Meetings 5. Educational Activities 6. Religious Activities 7. Public Performances, Clinics, Workshops, Competitions, Exhibitions 8. Support for the Cuban People 9. Humanitarian Projects 10. Activities of Private Foundations or Research or Educational Institutes 11. Exportation, Importation, or Transmission of Information or Informational Materials 12. Licensed Exportations

15 Agricultural Commodities, Medicine, or Medical Devices (Travel) (e) General License: Travel-related related and additional transactions incident to sales of agricultural commodities, medicine, or medical devices For persons regularly employed by a producer or distributor of such items, or an entity duly appointed to represent the producer/distributor Full time work schedule required Pre & Post-Travel Reports required

16 Agricultural Commodities, Medicine, or Medical Devices (Travel) (b)(2) 559(b)(2) Specific License*: Travelrelated & other transactions directly incident to marketing, sales negotiation, accompanied delivery, or servicing of exports by U.S.-owned or controlled firms in third countries *Excludes agricultural l products

17 Agricultural Commodities, Medicine, or Medical Devices & Other Products (Travel) (g) 533(g) Specific License: Travel-related & additional transactions incident to certain exports that appear to be consistent with the export or re-export licensing policy of the Department Commerce and are not authorized by the general licenses in paragraphs (e) and (f) of

18 Telecommunications (Travel) (a)(3) ()() General License: Professional meetings for commercial telecommunications transactions (f) General License: Travel-related & additional transactions ti incident id tto sales of telecommunications-related ti ltditems For persons regularly employed by a producer or distributor of such items, or an entity ty duly appointed to represent ese the producer/distributor Full time work schedule required Pre & Post-Travel Reports required

19 Telecommunications (cont.) (Travel) (b)(2) 559(b)(2) Specific License: Travelrelated & other transactions directly incident to marketing, sales negotiation, accompanied delivery, or servicing of exports by U.S.- owned or controlled firms in third countries

20 Information & Informational Materials (travel) (b) 545(b) Specific License:Travel-related transactions for purposes related to the exportation, importation, or transmission of information or informational materials

21 Web Address & Contact Information Web address: OFAC Licensing Division OFAC Licensing Division 1500 Pennsylvania Avenue NW - Annex Washington, DC OFAC_Feedback@treasury.govFeedback@treasury.gov

22 Country Sanctions Programs SYRIA

23 Syria Prohibitions August 17, 2011 E.O prohibitions include Blocking of Government of Syria New investment in Syria The exportation, reexportation directly or indirectly of any services to Syria Syrian petroleum or petroleum products Importation into the U.S. Certain other related transactions

24 Syria General Licenses GL 4A Exports or Reexports to Syria Issued April 27, 2012 Theexportation exportation or reexportation of items to Syria to blocked persons (including the Government of Syria) and ordinarily incident transactions authorized if export or reexport of items is licensed or otherwise authorized by the Department of Commerce

25 Syria General Licenses GL 5 Certain Services Incident to Internet Based Communications Issued August 18, 2011 Authorizes services, with certain exceptions, incident to the exchange of personal communications over the internet

26 Syria General Licenses GL 15 Certain Transactions Related to Patents, Trademarks and Copyrights Issued February 22, 2012 Authorizes certain transactions related to patents, trademarks, and copyrights that would otherwise be prohibited.

27 Syria General Licenses GL 16 Certain Services to the National Coalition of Syrian Revolutionary and Opposition Forces Issued March 14, 2013 Authorizes the provision of services to the Coalition; any funds must go through the Coalition s o specifically ca licensed bank account

28 Country Sanctions Programs BURMA