Yesterday, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) and the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) released new rules easing the remaining travel and export
financing restrictions on Cuba, offering new opportunities for U.S. businesses
to engage with Cuba. As part of the new rules, BIS will begin generally
approving licenses for exports and reexports of certain items that previously
required a case-by-case review for licensing, including licenses for:
·
Telecommunication items that would improve
communications for the Cuban people
·
Commodities and software to human rights organizations
and other non-governmental organizations that strengthen civil society
·
Commodities and software to U.S. news bureaus in Cuba
·
Certain agricultural items
·
Items necessary to ensure the safety of commercial and
civil aircraft travel
On a
case-by-case basis, BIS will also review exports and reexports of items
previously prohibited, to meet the needs of the Cuban people. Items including
equipment needed for agricultural production, artistic endeavors, education,
food processing, disaster preparedness and response, public health, residential
construction, and public transportation will be reviewed. This will allow U.S.
companies to be involved in infrastructure projects designed to benefit the
Cuban people.
In relaxing
restrictions related to air travel, the new rules pave the way for U.S.
airlines to offer regularly scheduled flights to Cuba and opportunities to
partner with the Cuban aviation industry. Specifically, the new rules
authorize entry into blocked space, code-sharing, and leasing arrangements to
facilitate authorized air carrier services. Transactions related to an
aircraft’s temporary travel to and from Cuba are also permitted.
Further,
the new rules have expanded the scope of authorized travel purposes to permit
travel for the purpose of professional media or artistic productions in Cuba,
such as the production of movies and television programs, music recordings, and
the creation of artwork. Travel related to organizing professional meetings or
conferences and amateur and semi-professional competitions, events, and
performances in Cuba also is permissible. General tourism, however, is still
not a permissible purpose for travel to Cuba.
OFAC has also
amended the Cuban Asset Control Regulations to remove restrictions on payment
and financing terms for all exports from the U.S. or reexports of 100%
U.S.-origin items from a third country, except exports of food products and
agricultural items. The amended rules allow for financing through U.S.
banks or through sales on an open account and will allow U.S. businesses to
better compete with products from other countries that permit similar
financing.
Since the
President’s December 2014 announcement of efforts to normalize relations with
Cuba, the President has continually eased economic sanctions against
Cuba. Lifting the trade embargo completely, however, will require action
from Congress. We are closely monitoring the unfolding changes to U.S.-Cuba
relations. Please contact David Agee, Cortney Morgan or Kelli Stout with any particular client needs or questions concerning trade with
Cuba.
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