quote:

Originally posted by Docbarry:
this is what I found : (note the part on page 1 where it is quite specific about whom and where)


These search terms have been highlighted: possession cuban goods



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- 1 -or from third countries without the need for a license from the U.S.government. The CDA specifically provides that payments to Cubainvolving telecommunications may be made pursuant to specific license.In the mid-1970s, Section 515.559 was added to the Regulations to allowOFAC to license foreign subsidiaries of U.S. firms to conduct trade incommodities with Cuba so long as several specific criteria were met.Section 1706(a) of the CDA, however, prohibits the issuance of a licensethat would have been issued pursuant to § 515.559, except where acontract was entered into prior to enactment of the CDA or where theexports at issue are medicines or medical supplies.Unless otherwise authorized, no vessel carrying goods or passengers toor from Cuba or carrying goods in which Cuba or a Cuban national hasany interest may enter a U.S. port. The prohibition also applies to vesselswhich enter only to take on fuel and supplies (bunker), whether from U.S.fuel providers within the port limits or at offshore points, as well as vesselsdischarging or loading merchandise offshore, by lighter or otherwise. Inaddition, vessels which enter a port or place in Cuba to engage in thetrade of goods or services are prohibited from loading or unloading anyfreight at any place in the U.S. for 180 days. Prohibited entry does notapply to vessels engaging solely in trade with Cuba authorized by licenseor exempt from the Regulations (e.g., vessels carrying authorizedexports of agricultural products or donations of food to nongovernmentalorganizations or individuals).¢IMPORTING CUBAN-ORIGIN GOODS OR SERVICES - Goodsor services of Cuban origin may not be imported into the United Stateseither directly or through third countries, such as Canada or Mexico. Theonly exceptions are: $100 worth of Cuban merchandise which may bebrought into the United States as accompanied baggage by authorizedtravelers arriving from Cuba; publications, artwork, or other informa-tional materials; merchandise other than tobacco or alcohol and not incommercial quantities carried as accompanied baggage by foreignpersons legally entering the United States; and merchandise for whicha specific license has been received.¢TRANSACTIONS INVOLVING PROPERTY IN WHICH CUBA ORA CUBAN NATIONAL HAS AN INTEREST - In addition to theprohibitions on exports to and imports from Cuba, the Regulationsprohibit any person subject to U.S. jurisdiction from dealing in anyproperty in which Cuba or a Cuban national has an interest. Under theRegulations, “property” includes but is not limited to contracts andservices. For example, unless otherwise authorized, persons subjectto U.S. jurisdiction (including U.S. overseas subsidiaries) may notpurchase Cuban cigars in Mexico; may not sign a contract with a U.K.firm if the contract terms include Cuba-related provisions (even if thoseprovisions are contingent upon the lifting of the embargo); and may notprovide accounting, marketing, sales, or insurance services to a CubanCUBAOffice of Foreign Assets ControlU.S. Department of the TreasuryWhat You Need To Know About The U.S. Embargo¢INTRODUCTION - The Cuban Assets Control Regulations, 31 CFRPart 515 (the “Regulations”) were issued by the U.S. Government on8 July 1963 under the Trading With the Enemy Act in response to certainhostile actions by the Cuban government. They are still in force todayand affect all U.S. citizens and permanent residents wherever they arelocated, all people and organizations physically in the United States, andall branches and subsidiaries of U.S. organizations throughout the world.The Regulations are administered by the U.S. Treasury Department'sOffice of Foreign Assets Control. The basic goal of the sanctions is toisolate the Cuban government economically and deprive it of U.S.dollars. Criminal penalties for violating the sanctions range up to 10 yearsin prison, $1,000,000 in corporate fines, and $250,000 in individual fines.Civil penalties up to $55,000 per violation may also be imposed. Pleasenote that the Regulations require those dealing with Cuba to maintainrecords and, upon request from the U.S. Treasury Department, tofurnish information regarding such dealings.¢EXPORTING TO CUBA - Except for publications, other informa-tional materials (such as CDs and works of art), certain donated food,and certain goods licensed for export or re-export by the U.S. Depart-ment of Commerce (such as medicine and medical supplies, food, andagricultural commodities), no products, technology, or services may beexported from the United States to Cuba, either directly or through thirdcountries, such as Canada or Mexico. This prohibition includes dealingin or assisting the sale of goods or commodities to or from Cuba, evenif done entirely offshore. Such brokering is considered to be dealing inproperty in which Cuba has an interest. Provision of consulting servicesis also prohibited. Thus, no U.S. citizen or permanent resident alien,wherever located, and no foreign subsidiary or branch of a U.S.organization may export products, technology, or services to Cuba orto any Cuban national, wherever they may be located, or broker the saleof goods or commodities to or from Cuba or any Cuban national.Pursuant to provisions of the Cuban Democracy Act of 1992 (the "CDA")and the Trade Sanctions and Export Enhancement Act of 2000 (the"TSRA"), the Commerce Department authorizes the sale and export orre-export of medicine and medical supplies, food and agriculturalcommodities to Cuba. Those interested in engaging in such exports orre-exports must first obtain authorization from the CommerceDepartment's Bureau of Export Administration. All licensed sales maybe financed by cash in advance or by third-country banks that are notSpecially Designated Nationals. Foreign subsidiaries of U.S. banks areauthorized to directly finance licensed sales of agricultural products. AllU.S. banks may advise or confirm any of the above.Section 1705(b) of the CDA provides for donations of food to indepen-dent non-governmental organizations or individuals in Cuba. Shipmentsof food can be donated to non-governmental organizations from the U.S.An overview of the Cuban Assets Control RegulationsTitle 31 Part 515 of the U.S. Code of Federal Regulations
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- 2 -company or to a foreign company with respect to the foreign company’sCuba-related business.¢SPECIALLY DESIGNATED NATIONALS - The Regulations prohibitbuying from or selling to Cuban nationals whether they are physicallylocated on the island of Cuba or doing business elsewhere on behalf ofCuba. Individuals or organizations who act on behalf of Cuba anywherein the world are considered by the U.S. Treasury Department to be“Specially Designated Nationals” of Cuba. A non-exhaustive list of theirnames is published in the Federal Register, an official publication of theU.S. Government. This list may be obtained by calling the Office ofForeign Assets Control at 202/622-2490. The listing, however, is a partialone and any individual or organization subject to U.S. jurisdictionengaging in transactions with foreign nationals must take reasonablecare to make certain that such foreign nationals are not acting on behalfof Cuba. Individuals and organizations subject to U.S. jurisdiction whoviolate the Regulations by transacting business with Specially Desig-nated Nationals of Cuba are subject to criminal prosecution or civilmonetary penalties.¢ACCOUNTS AND ASSETS - There is a total freeze on Cubanassets, both governmental and private, and on financial dealings withCuba; all property of Cuba, of Cuban nationals, and of SpeciallyDesignated Nationals of Cuba in the possession or control of personssubject to U.S. jurisdiction is “blocked.” Any property in which Cuba hasan interest which comes into the United States or into the possessionor control of persons subject to U.S. jurisdiction is automatically blockedby operation of law. Banks receiving unlicensed wire transfer instruc-tions in which there is a Cuban interest, or any instrument in which thereis a Cuban interest, must freeze the funds on their own books or blockthe instrument, regardless of origin or destination. “Suspense accounts”are not permitted. Blocking imposes a complete prohibition againsttransfers or transactions of any kind. No payments, transfers, withdraw-als, or other dealings may take place with regard to blocked propertyunless authorized by the Treasury Department. Banks are permitted totake normal service charges. Blocked deposits of funds must beinterest-bearing. “Set-offs” are not allowed.Persons subject to U.S. jurisdiction are required to exercise extremecaution in order not to knowingly involve themselves in unlicensedtransactions in which Cuba has an interest. Except as authorized, nobank in the U.S. or overseas branch or subsidiary of a U.S. bank mayadvise a letter of credit involving Cuba nor may it process documentsreferencing Cuba. All such “property” must be blocked as soon as itcomes within the bank's possession or control. All persons in posses-sion of blocked property are required to register with the Office of ForeignAssets Control. Persons subject to U.S. jurisdiction who engage in anycommercial dealings that involve unauthorized trade with Cuba, eitherdirectly or indirectly, risk substantial monetary penalties and criminalprosecution.¢SENDING GIFTS - Gift parcels may be sent or carried by anauthorized traveler to an individual or to a religious, charitable, oreducational organization in Cuba for the use of the recipient or of therecipient's immediate family (and not for resale), subject to the followinglimitations: the combined total domestic retail value of all items in theparcel must not exceed $200 (with the exception of donations of food,which are not so restricted); not more than one parcel may be sent orgiven by the same person in the U.S. to the same recipient in Cuba inany one calendar month; and the content must be limited to food,vitamins, seeds, medicines, medical supplies and devices, hospitalsupplies and equipment, equipment for the handicapped, clothing,personal hygiene items, veterinary medicines and supplies, fishingequipment and supplies, soap-making equipment, or certain radioequipment and batteries for such equipment. Organizations that consoli-date and send multiple gift parcels in single shipments must obtain avalidated license from the U.S. Department of Commerce. Each giftparcel in the single shipment must meet commodity, dollar-value, andfrequency limitations. If a parcel being shipped or carried to Cuba failsto meet these standards, it is subject to seizure by the U.S. Government.¢CUBA-RELATED TRAVEL TRANSACTIONS - Only personswhose travel falls into the categories discussed below may be autho-rized to spend money related to travel to, from, or within Cuba. Personslicensed to engage in travel-related transactions in Cuba may spend upto the State Department Travel Per Diem Allowance for Havana, Cubafor purchases directly related to travel in Cuba, such as hotel accom-modations, meals, local transportation, and goods personally used bythe traveler in Cuba (travelers can check the current per diem rate onthe Internet at <<http://www.state.gov/www/perdiems/index.html>>.Most licensed travelers may also spend additional money for transac-tions directly related to the activities for which they received their license.For example, journalists traveling in Cuba under the journalism generallicense (described below) may spend money over and above the currentper diem for extensive local transportation, the hiring of cable layers, andother costs that are directly related to covering a story in Cuba. Licensedtravelers may also spend an additional $100 on the purchase of Cubanmerchandise to be brought back with them to the United States asaccompanied baggage, but this $100 authorization may be used onlyonce in any 6-month period. Purchases of services unrelated to travelor a licensed activity, such as non-emergency medical services, areprohibited. The purchase of publications and other informational mate-rials is not restricted.¢WHO CAN GO : The following travelers are authorized, under OFACgeneral license, to engage in travel transactions while in Cuba:•Journalists and supporting broadcasting or technical personnel (regularly employed in that capacity by a news reporting organization andtraveling for journalistic activities).•Official government travelers (traveling on official business).•Members of international organizations of which the United States is alsoa member (traveling on official business).•Persons traveling once a year to visit Cuban nationals who are closerelatives (additional trips within one year will need an OFAC specificlicense).•Travelers who have received specific licenses from OFAC prior to going.•Full-time professionals whose travel transactions are directly related toprofessional research in their professional areas, provided that theirresearch: (1) is of a noncommercial academic nature, (2) comprises afull work schedule in Cuba, and (3) has a substantial likelihood of publicdissemination.•Full-time professionals whose travel transactions are directly related toattendance at professional meetings or conferences in Cuba organizedby an international professional organization, institution, or associationthat regularly sponsors such meetings or conferences in other countries.The organization, institution, or association sponsoring the meeting orconference may not be headquartered in the United States unless it hasbeen specifically licensed to sponsor the meeting. The purpose of themeeting or conference cannot be the promotion of tourism in Cuba or othercommercial activities involving Cuba, or to foster production of any bio-technological products.•Amateur or semi-professional athletes or teams traveling to participatein Cuba in an athletic competition held under the auspicesof the rel-evant international sports federation. The athletes must have beenselected for the competition by the relevant U.S. sports federation, andthe competition must be one that is open for attendance, and in relevantsituations participation, by the Cuban public.Specific licenses for educational institutions: Specific licensesmay be issued by OFAC to authorize travel transactions related tocertain educational activities by students or employees affiliated with alicensed academic institution. Such licenses are only available to U.S.academic institutions accredited by an appropriate national or regionalaccrediting association, and such licenses must be renewed after aperiod of two years. Once an academic institution has applied for andreceived such a specific license, the following categories of travelersaffiliated with that academic institution are authorized to engage in travel-related transactions incident to the following activities without seekingfurther authorization from the Office of Foreign Assets Control:•Undergraduate or graduate students participating in a structured
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- 3 -educational program as part of a course offered at a licensed collegeor university. Students planning to engage in such transactions mustcarry a letter from the licensed institution stating: 1) the institution’slicense number, 2) that the student is enrolled in an undergraduate orgraduate degree program at the institution, and 3) that the travel is partof an educational program of the institution.•Persons doing noncommercial Cuba-related academic research in Cubafor the purpose of qualifying academically as a professional (e.g.,research toward a graduate degree). Students planning to engage insuch transactions must carry a letter from the licensed institution stating:1) the institution’s license number, 2) that the student is enrolled in agraduate degree program at the institution, and 3) that the Cubaresearch will be accepted for credit toward that graduate degree.•Undergraduate or graduate students participating in a formal course ofstudy at a Cuban academic institution, provided the Cuban study will beaccepted for credit toward a degree at the licensed U.S. institution. Astudent planning to engage in such transactions must carry a letter fromthe licensed U.S. institution stating: 1) the institution’s license number,2) that the student is currently enrolled in an undergraduate or graduatedegree program at the institution, and 3) that the Cuban study will beaccepted for credit toward that degree.•Persons regularly employed in a teaching capacity at a licensed collegeor university who plan to teach part or all of an academic program at aCuban academic institution. An individual planning to engage in suchtransactions must carry a letter from the licensed institution stating: 1)the institution’s license number, and 2) that the individual is regularlyemployed by the licensed institution in a teaching capacity.•Cuban scholars teaching or engaging in other scholarly activities at alicensed college or university in the United States. Licensed institutionsmay sponsor such Cuban scholars, including payment of a stipend orsalary. The Cuban scholar may remit all such stipends or salary paymentsback to Cuba.•Secondary school students participating in educational exchangessponsored by Cuban or U.S. secondary schools and involving thestudents’ participation in a formal course of study or in a structurededucational program offered by a secondary school or other academicinstitution and led by a teacher or other secondary school official. Areasonable number of adult chaperones may accompany the studentsto Cuba. A secondary school group planning to engage in suchtransactions in Cuba must carry a letter from the licensed secondaryschool sponsoring the trip stating: 1) the school’s license number, and2) the list of names of all persons traveling with the group.•Full-time employees of a licensed institution organizing or preparing forthe educational activities described above. An individual engaging insuch transactions must carry a letter from the licensed institution stating:1) the institution’s license number, and 2) that the individual is regularlyemployed by the institution.Specific licenses for religious organizations: Specific licenses maybe issued by OFAC to religious organizations to authorize individualsaffiliated with the organization to engage in travel transactions under theauspices of the religious organization. Applications by religious organi-zations for such licenses should include examples of the religiousactivities to be undertaken in Cuba. All individuals traveling pursuant toa religious organization's license must carry with them a letter from thelicensed organization confirming that they are affiliated with the organi-zation and that they are traveling to Cuba to engage in religious activitiesunder the auspices of the organization.Other specific licenses: Specific licenses may be issued by the Officeof Foreign Assets Control on a case-by-case basis authorizing traveltransactions by the following categories of persons in connection withthe following activities:•Humanitarian Projects and Support for the Cuban people - (1) Personstraveling in connection with activities that are intended to provide supportfor the Cuban people, such as activities of recognized human rightsorganizations; (2) Persons whose travel transactions are directlyrelated to certain humanitarian projects in or related to Cuba that aredesigned to directly benefit the Cuban people. Licenses authorizingtransactions for multiple trips over an extended period of time areavailable.•Free-Lance Journalism - Persons with a suitable record of publicationwho are traveling to Cuba to do research for a free-lance article. Licensesauthorizing transactions for multiple trips over an extended period of timeare available for applicants demonstrating a significant record of free-lance journalism.•Professional Research and Professional Meetings - Persons travelingto Cuba to do professional research or to attend a professional meetingthat does not meet the requirements of the relevant general license(described above). Licenses authorizing transactions for multiple tripsover an extended period of time are available.•Religious Activities - Persons traveling to Cuba to engage in religiousactivities that are not authorized pursuant to a religious organization’sspecific license. Licenses authorizing transactions for multiple tripsover an extended period of time are available.•Public Performances, Clinics, Workshops, Athletic and OtherCompetitions, and Exhibitions - Persons traveling to participate in apublic performance, clinic, workshop, athletic or other competition (thatdoes not meet the requirements of the general license described above),or exhibition. The event must be open for attendance, and in relevantsituations participation, by the Cuban public, and all profits from the eventafter costs must be donated to an independent nongovernmentalorganization in Cuba or a U.S.-based charity, with the objective, to theextent possible, of promoting people-to-people contacts or otherwisebenefitting the Cuban people. In addition, any clinics or workshops inCuba must be organize and run, at least in part, but the licensee.•Activities of Private Foundations or Research or Educational Institutions- Persons traveling to Cuba on behalf of private foundations or researchor educational institutes that have an established interest in internationalrelations to collect information related to Cuba for noncommercialpurposes. Licenses authorizing transactions for multiple trips over anextended period of time are available.•Exportation, Importation, or Transmission of Information or InformationalMaterials - Persons traveling to engage in activities directly related to theexportation, importation, or transmission of information or informationalmaterials.•Licensed Exportation - Persons traveling to Cuba to engage in activitiesdirectly related to marketing, sales negotiation, accompanied delivery,or servicing of exports of food and agricultural commodities, medicalproducts or other exports that are consistent with existing Departmentof Commerce regulations and guidelines with respect to Cuba, includingcertain exports engaged in by U.S. -owned or -controlled foreign firms.Applying for a specific license: Persons wishing to travel to Cubaunder a specific license should send a letter specifying the details of theproposed travel, including any accompanying documentation, to DavidMills, Chief of Licensing, Office of Foreign Assets Control, U.S. Depart-ment of the Treasury, 1500 Pennsylvania Ave., NW, Washington, DC20220. Academic institutions wishing to obtain one of the two-yearspecific licenses described above should send a letter to the sameaddress requesting such a license and establishing that the institution isaccredited by an appropriate national or regional accrediting associa-tion. Religious organizations wishing to obtain one of the two-yearspecific licenses described above should send a letter to the sameaddress requesting such a license and setting forth examples orreligious activities to be undertaken in Cuba.Provision of travel services: U.S. travel service providers, such astravel agents and tour operators, who handle travel arrangements to,from, or within Cuba must hold special authorizations from the Office ofForeign Assets Control to engage in such activities. These authoriza-tions are issued based on written applications from the service provid-ers, subject to appropriate checks by the Treasury Department. Atraveler should not use any travel service provider that does not holdvalid Treasury authorization. An up-to-date list of the authorized serviceproviders is maintained on OFAC's website. If in doubt about the statusof a service provider’s authorization, travelers should call the Office ofForeign Assets Control at 305/810-5140. Only carrier service providersthat have been authorized by OFAC may operate direct passengercharter flights between Miami and Havana.Unauthorized travel-related transactions: Unless otherwise autho-rized, any person subject to U.S. jurisdiction who engages in any travel-related transaction in Cuba violates the Regulations.
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- 4 -¢WHAT CAN BE BROUGHT BACK - The above listed travelers mayreenter the United States with up to $100 of Cuban origin goods forpersonal use, such as cigars and rum. [Section 515.560(c) (3) of theRegulations]. If unauthorized U.S. travelers return from Cuba with Cubanorigin goods, such goods, with the exception of informational materials,may be seized at Customs' discretion. [Section 515.204 of the Regula-tions]. There are no limits on the import or export of informationalmaterials. [Section 515.206 of the Regulations]. Such materials arestatutorily exempt from regulation under the embargo and such items asbooks, films, tapes and CDs may be transported freely. However, blanktapes and CDs are not considered informational materials and may beseized.¢VESSELS - All persons on board vessels, including the owner, mustbe authorized travelers, as listed above, to engage in travel-relatedtransactions in Cuba. If you are not an authorized traveler, you may notpurchase meals, pay for transportation, lodging, dockage or mooringfees, cruising fees, visas, entry or exit fees and you may not bring anyCuban origin goods back to the United States. Any payment to the MarinaHemingway International Yacht Club is considered a prohibited paymentto a Cuban national and therefore in violation of the Regulations. Vesselowners are prohibited from carrying travelers to Cuba who pay them forpassage if the owner does not have a specific license from OFACauthorizing him or her to be a Service Provider to Cuba.¢FULLY HOSTED TRAVELERS - Fully-hosted travelers may travelto Cuba without contacting OFAC if the traveler's Cuba related expensesare covered by a person not subject to U.S. jurisdiction. Travel to Cubais not fully hosted if a person subject to U.S. jurisdiction pays--before,during, or after the travel--any expenses related to the travel, includingthe cost of traveling to Cuba on a Cuban carrier, even if the payment ismade to a third-country person or entity that is not subject to U.S.jurisdiction. Examples of costs commonly incurred by travelers toto andin Cuba are for meals, lodging, transportation, bunkering of vessels oraircraft, visa, entry or exit fees, and gratuities. In addition, fully-hostedtravel to and from Cuba cannot be aboard a direct flight between the UnitedStates and Cuba. Fully-hosted travelers may not bring back any Cubanorigin goods, except for informational materials. [See Note to Section515.420(c) of the Regulations.]Any person subject to U.S. jurisdiction determined to have traveled toCuba without an OFAC general or specific license is presumed to haveengaged in prohibited travel-related transactions. In order to overcomethis presumption, any traveler who claims to have been fully hosted ornot to have engaged in any travel-related transactions must be able toprovide a signed explanatory statement, accompanied by relevantsupporting documentation, showing that no transactions were engagedin by the traveler or on the traveler's behalf by any person subject to U.S.jurisdiction, stating that payments made by any non-U.S. host were notin exchange for services provided, and providing a day-to-day accountof financial transactions waived or entered into on behalf of the traveler.A fully-hosted traveler must also provide an original signed statementfrom the sponsor or host, specific to the traveler, confirming that the travelwas fully-hosted and the reasons for the travel. For a complete list of allevidence necessary to rebut the presumption of travel-related transac-tions, see Section 515.420 of the Regulations. Fully -hosted travelers arealso prohibited from providing any unauthorized Services to Cuba or toCuban nationals or within Cuba.¢EMERGENCIES - In case of emergencies requiring financial trans-actions such as emergency repair of vessels or medical treatment,travelers are urged to contact OFAC at (202)622-2480, to discussnecessary authorizations.¢HUMANITARIAN DONATIONS - There is a joint OFAC andCommerce Department ("USDOC") administration over export of giftparcels and humanitarian goods to Cuba to meet basic human needs. Ifan export is licensed by USDOC, OFAC authorizes certain financial andother transactions related to that export. [See part 746 of the USDOC'sExport Administration Regulations (15 C.F.R. Chapter 7), which areavailable on-line at http://w3.access.gpo.gov/bis/ear/ear_date.html, forthe relevant USDOC regulations.] Please note that travel-related trans-actions incident to humanitarian donations must be separately licensedby OFAC.¢SENDING OR CARRYING MONEY TO CUBA - U.S. persons aged18 or older may send to the household of any individual in Cuba or to aCuban national in a third country “individual-to-household” cash remit-tances of up to $300 per household in any consecutive three-monthperiod, provided that no member of the household is a senior-level Cubangovernment or senior-level Cuban communist party official. No morethan a combined total of $300 of individual-to-household remittances maybe sent by a remitter to any one household in any consecutive three-monthperiod, regardless of the number of persons residing in that household.A licensed traveler may carry up to ten of his or her own $300 householdremittances to Cuba.U.S. persons also may send up to $1,000 per payee on a one-time basisas an “emigration-related” remittance to a Cuban national to enable thepayee to emigrate from Cuba to the United States. Specifically, up to $500may be remitted to a Cuban national prior to the payee's receipt of a validU.S. visa or other U.S. immigration document, and up to $500 may beremitted to the Cuban national after the payee receives a valid U.S. visaor other U.S. immigration document. A licensed traveler may only carryimmigration remittances to Cuba if the visa has already been issued.Remittances may be transferred through a financial institution or throughan OFAC-licensed remittance forwarder. Service providers, includingfinancial institutions originating transfers on behalf of non-aggregatingcustomers, must obtain an affidavit from the remitter certifying that eachindividual-to-household does not exceed $300 in any consecutive threemonth period and that each emigration-related remittance meets therequirements of the Regulations. Remitters can expect to have theiridentity, date of birth, address, and telephone number verified.Specific licenses may be issued on a case-by-case basis authorizingremittances:•to independent nongovernmental organizations in Cuba;•to households of Cuban nationals living outside of Cuba in excess of $300per quarter from blocked accounts; or•to individuals in Cuba to facilitate their non-immigrant travel to the UnitedStates under circumstances where humanitarian need is demonstrated,including illness or medical emergency.¢FAIR BUSINESS PRACTICES - Anyone authorized by the U.S.Department of the Treasury to provide Cuban travel services or servicesin connection with sending money to Cuba is prohibited from participatingin discriminatory practices of the Cuban government against individualsor particular classes of travelers. The assessment of consular fees bythe Cuban government, which are applicable worldwide, is not consid-ered to be a discriminatory practice. However, requiring the purchase ofservices not desired by the traveler is not permitted. Persons wishing toprovide information on such activities should call 305/810-5170. Allinformation regarding arbitrary fees, payments for unauthorized pur-poses, or other possible violations furnished to the U.S. TreasuryDepartment will be handled confidentially.¢ESTATES AND SAFE DEPOSIT BOXES - An estate becomesblocked whenever a Cuban national is an heir or is the deceased; moneyfrom a life insurance policy is blocked whenever the deceased is a Cubanresident. The heir of a person who died in Cuba, or the beneficiary of alife insurance policy of a person who died in Cuba, may apply for a licensefrom the Office of Foreign Assets Control to unblock the estate orinsurance proceeds. Persons administering or interested in a blockedestate should contact the Office of Foreign Assets Control at 202/622-2480 for more information. A safe-deposit box is blocked whenevera Cuban has an interest in the property contained in the box. Access toa blocked safe deposit box for inventory purposes may be granted undercertain conditions, but the contents of the box remain blocked and maynot be removed without the permission of the Office of Foreign Assets
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- 5 -Control. Authorized remittances may be made from blocked estates.¢PAYMENTS FOR OVERFLIGHTS - Private and commercial aviatorsmust obtain a specific license authorizing payments for overflightcharges to Cuba. Banks will ask to see the originals of such licensesbefore executing transfers and keep a copy for their files. Such transfers- see Page 6 for CUBAN REMITTANCE AFFIDAVIT -This document is explanatory only and does not have the force of law. The statutes, Executive Orders, and implementing regulations relating toCuba contain the legally binding provisions governing the sanctions and this document does not supplement or modify those statutes, ExecutiveOrders, or regulations.The Treasury Department’s Office of Foreign Assets Control also administers sanctions programs involving Libya, Iraq, North Korea, the Balkans,Iran, Syria, Sudan, Burma (Myanmar), the Federal Republic of Yugoslavia (Serbia and Montenegro), Sierra Leone, Liberia, Zimbabwe, ForeignTerrorist Organizations, designated terrorists and narcotics traffickers, and designated foreign persons who have engaged in activities related tothe proliferation of weapons of mass destruction. For additional information about these programs or about the Cuban sanctions program, pleasecontact the:OFFICE OF FOREIGN ASSETS CONTROLU.S. Department of the TreasuryWashington, D.C. & Miami, Florida202-622-2520 / 305-810-5140<<http://www.treas.gov/ofac>>(03-24-2003)must be in a currency other than U.S. dollars.If you have information regarding possible violations of the Cuban AssetsControl Regulations, please call the Office of Foreign Assets Control at305/810-5170. Your call will be handled confidentially.
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- 6 -CUBAN REMITTANCEAFFIDAVITOriginalformapprovedRevisionPendingAp rovalOMB#1505-0167 expires05/31/05 This afidavit is tobe completedbytheremit er, pursuant to the Cuban As ets Control Regulations, 31CFRPart 515, under theTrading withtheEnemy Act, 50 U.S.C. App. 1-44, andthe Cuban LibertyandDemocraticSolidarityAct, 22U.S.C. 6001-6010. It isto besubmit edtothe remittanceservice provider andkept onfile forfiveyears, subject toaudit bythe U.S. Department ofthe Treasury.Estadeclaración jurada tiene que serl enadaporel remitente,en conformidad con el “Control yRegulaciones de Bienes Cubanos,” 31 CFRParte 515,bajo la“LeySobreComercioconel Enemigo,”50 U.S.C. App. 1-44, y bajola“LeyRelativaa Cuba Sobrela Libertad yla Solidaridad Democrática,” 22U.S.C.6001-6010. Dichadeclaraciónjuradadebe serpresentadaa la agenciaremitente ymantenerseenlos archivos por cincoañosyesta sujetaa auditoría por el Departamento delTesorode losEE.UU.I,, DECLAREANDSTATETHAT(Print name) THEFOLLOWINGISTRUEANDACCURATE TOTHEBESTOFMYKNOWLEDGE:EMIGRATIONREMITTANCEEMIGRATION REMITTANCE1. I understandthat Imaysendupto$1000per payeetoenablethepayeetoemigratetotheUnitedStates. Onlyone of these remit ances maybe sent before the payee has receivedavalidvisa fromtheU.S. StateDepartment. Icertifythat mytotal emigrationremit anceto this payeewil not begreater than$1000.Nameof Payee:Payee’s Date ofBirth:2. I amsending more than$500,ORORIhavealreadysent apre-visaemigrationremit ancetothis payee. I certify that the payeehasreceivedan immigrationvisafromthe U.S. StateDepartment as fol ows:Numberof Payee’s VisaateofPayee’s Visa:INDIVIDUALTO HOUSEHOLD REMITTANCEINDIVIDUALTO HOUSEHOLD REMITTANCEI understand that I may send up to $300 per payee’s household in a 3-month periodprovided that no member of that household is a senior-level Cuban government orCommunist party oficial. The total combined amount of Individual to HouseholdRemit ances I send may not exceed$300 per payee’s household ina 3-month period. Icertifythat Iam 18or older, that no member ofthe payee’shousehold isa senior-levelCuban government orCommunist partyof icial, andthat this payment wil not exceedthecombinedIndividualtoHousehold Remit ancesRemit ancelimitof$300perpayee’shousehold ina 3-monthperiod.Name ofPayee:Payee’sAddress:YO,, DECLARO, Y AFIRMOQUE,(Su nombreen letra demolde)AMI CONOCIMIENTO, LOSIGUIENTE ESVERIDICOYCORRECTO:REMESAREMESADEDEEMIGRACIONEMIGRACION1. Entiendoque yopuedoenviar hastaUS$1000 por beneficiarioparaayudarle aemigrar a losEE.UU. Solounade estas remesas puedeser enviada antes deque elbeneficiariohaya recibidouna visa válida del Departamento del Estadode losEE.UU.Yoafirmoque el total de las remesas deemigración aestebeneficiariono serámayor deUS$1000.Nombre del beneficiario:Fecha de Nacimientodel beneficiario:2. Estoyenviando mas deUS$500,oo yahe enviadouna remesa deemigración pre-visaa estebeneficiario. Yoafirmoque el beneficiarioha recibido del DepartamentodelEstadodelos Estados Unidos la visa de inmigraciónsuiguiente:Númerode Visa del beneficiario:Fecha de Visadel beneficiario:REMESAREMESADEDEINDIVIDUOINDIVIDUO A CASAA CASAEntiendo que puedo enviarhasta US$300por hogar beneficiarioen unperíodo de tresmeses siempre ycuandoningúnmiembrodel hogar del beneficiarioseaoficial mayordel gobiernode Cuba o unoficial mayordel partidocomunista. Lacantidadtotal deRemesas Individuo a Casaque envíonodebe exceder US$300 por hogar beneficiarioenunperíodo de tres meses. Yo afirmo quesoy mayor de 18años y que ningún miembrodel hogar del beneficiarioes oficial mayor del govierno deCubao un oficial mayor delpartidocomunista yqueeste pagonoexcederála cantidad total de Remesas deIndividuo a Casade US$300porhogar beneficiario enun períodode tres meses.Nombre del Beneficiarioirección del Beneficiario:SIGNATUREOFSIGNATUREOFREMITTERREMITTER(FIRMADELFIRMA DELREMITANTEREMITANTE):Street Address (Dirección):City, State and Zip Code (Ciudad, Estado, Zona Postal):TelephoneNumber (Número de Teléfono):Mother’s Maiden Name (Apellido de soltera desumadre)ateofbirthofremit er (fecha denacimientodel remitente):Witnessedby employee of remit ing agency (Firma de Witnessed by employee of remit ing agency (Firma deTestigoTestigodel delEmpleadoEmpleadode lade laAgenciaAgenciaRemitenteRemitente):__________________________________________________________________________________________________________________________Signature (Firma)__________________________________________________________________________________________________________________________Name ofRemit ingAgency (Nombre de laAgencia Remitente)__________________________________________________________________________________________________________________________Date (Fecha)TD F90-22.52I,, DECLAREANDSTATETHAT(Print name) THEFOLLOWINGISTRUEANDACCURATE TOTHEBESTOFMYKNOWLEDGE:household ina 3-monthperiod.YO,, DECLARO, Y AFIRMOQUE,(Su nombreen letra demolde)AMI CONOCIMIENTO, LOSIGUIENTE ESVERIDICOYCORRECTO:- continued from Page 5 -Form TD F 90-22.52 is available at OFAC's Internet site, <<http://www.treas.gov/ofac>> , and on OFAC's fax-on-demand service at 202/622-0077.