31 C.F.R. § 515.206

Exempt transactions

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(a) Information and informational materials. (1) The importation from any country and the exportation to any country of information or informational materials as defined in § 515.332, whether commercial or otherwise, regardless of format or medium of transmission, are exempt from the prohibitions and regulations of this part except for payments owed to Cuba for telecommunications services between Cuba and the United States, which are subject to the provisions of § 515.542.

(2) This section does not authorize transactions related to information or informational materials not fully created and in existence at the date of the transaction, or to the substantive or artistic alteration or enhancement of information or informational materials, or to the provision of marketing and business consulting services by a person subject to the jurisdiction of the United States. Such prohibited transactions include, without limitation, payment of advances for information or informational materials not yet created and completed, provision of services to market, produce or co-produce, create or assist in the creation of information or informational materials, and payment of royalties to a designated national with respect to income received for enhancements or alterations made by persons subject to the jurisdiction of the United States to information or informational materials imported from a designated national.

(3) This section does not authorize transactions incident to the transmission of restricted technical data as defined in the Export Administration Regulations, 15 CFR parts 730-774, or to the exportation of goods for use in the transmission of any data. The exportation of such goods to designated foreign countries is prohibited, as provided in § 515.201 of this part and § 785.1 of the Export Administration Regulations.

(4) This section does not authorize transactions related to travel to Cuba when such travel is not otherwise authorized under § 515.545.

Note to paragraph (a):

See § 515.545 for general licenses authorizing certain travel-related and other transactions that are directly incident to the export, import, or transmission of informational materials and certain transactions related to the creation, dissemination, or artistic or other substantive alteration or enhancement of informational materials.

(b) Donation of food. The prohibitions contained in this part do not apply to transactions incident to the donation of food to nongovernmental organizations or individuals in Cuba.

[54 FR 5233, Feb. 2, 1989, as amended at 60 FR 39256, Aug. 2, 1995; 64 FR 25812, May 13, 1999; 81 FR 4584, Jan. 27, 2016]

Notes of Decisions

Cited in 3 cases, 1991–2013 · leading case: Daniel J. Walsh D/B/A Liberation Graphics v. Nicholas F. Brady, Sec'y of Treasury, 927 F.2d 1229 (D.C. Cir. 1991).

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Daniel J. Walsh D/B/A Liberation Graphics v. Nicholas F. Brady, Sec'y of Treasury, 927 F.2d 1229 (D.C. Cir. 1991). · cites it 2× “5234 (1989); see 31 CFR § 515.206 (1990). The Secretary agrees that the 1988 amendment allows an importer such as Walsh to pay for “the direct costs of importing posters into the United States, e.”

Odebrecht Constr., Inc. v. Sec'y, Florida Dep't of Transp., 715 F.3d 1268 (11th Cir. 2013). “One of the major exemptions is for published and informational materials, whether commercial or otherwise, 31 C.F.R. § 515.206 (a), which includes “[publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks,…”

Kalantari v. Nitv, Inc., 352 F.3d 1202 (9th Cir. 2003). · cites it 2× “Compare 31 C.F.R. § 515.206 (“Exempt transactions”) with id.”

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