C.F.R. » Title 31 » CHAPTER V—OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY › PART 515—CUBAN ASSETS CONTROL REGULATIONS › Subpart D—Interpretations

31 C.F.R. § 515.415

Travel to Cuba; transportation of certain Cuban nationals

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(a) The following transactions are prohibited by § 515.201 when in connection with the transportation of any Cuban national, except a Cuban national holding an unexpired immigrant or non-immigrant visa or a returning resident of the United States, from Cuba to the United States, unless otherwise licensed:

(1) Transactions incident to travel to, from, or within Cuba;

(2) The transportation to Cuba of a vessel or aircraft;

(3) The transportation into the United States of any vessel or aircraft which has been in Cuba since the effective date, regardless of registry;

(4) The provision of any services to a Cuban national, regardless of whether any consideration for such services is furnished by the Cuban national;

(5) The transportation or importation of baggage or other property of a Cuban national;

(6) The transfer of funds or other property to any person where such transfer involves the provision of services to a Cuban national or the transportation or importation of, or any transactions involving, property in which Cuba or any Cuban national has any interest, including baggage or other such property;

(7) Any other transaction such as payment of port fees and charges in Cuba and payment for fuel, meals, lodging; and

(8) The receipt or acceptance of any gratuity, grant, or support in the form of meals, lodging, fuel, payments of travel or maintenance expenses, or otherwise, in connection with travel to or from Cuba or travel or maintenance within Cuba.

(b) Transactions incident to the travel to the United States of Cuban nationals who are traveling other than in a non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S. government are not authorized under the provisions of § 515.571.

(c) Transactions described in paragraph (a) of this section are not “transactions ordinarily incident to travel to and from Cuba” as set forth in § 515.560(c).

[45 FR 32671, May 19, 1980, as amended at 64 FR 25812, May 13, 1999; 80 FR 56919, Sept. 21, 2015]
Notes of Decisions
Cited in 6 cases, 1981–1993 · leading case: United States v. Leopold Frade & Joe Morris Doss, 709 F.2d 1387 (11th Cir. 1983).
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United States v. Leopold Frade & Joe Morris Doss, 709 F.2d 1387 (11th Cir. 1983). · cites it 5× “1983) (TWEA) and 31 C.F.R. § 515.415 (a), 1 a regulation promulgated under section 5(b) of the Act, as an addition to the Cuban Assets Control Regulations.”
United States v. Guy Willard Tooker, Bao Tran, Roy John Scott & Robert C. Debrophy, 957 F.2d 1209 (5th Cir. 1992). · cites it 2× “The Eleventh Circuit reversed the conviction of the priests on the ground that there was insufficient evidence to support a finding that they had specific intent to violate the statute or regulation.”
United States of Am., Cross-Appellee v. Michael MacKo Cross-Appellant, Frank Van Ameringen, 994 F.2d 1526 (11th Cir. 1993). “at 1391 (discussing 31 C.F.R. § 515.415 (a)). For ex ample, the regulation barred payments for port fees, lodging and meals.”
Llamera v. United States, 15 Cl. Ct. 593 (Ct. Cl. 1988). “The Commanding Officer of the Alert directed Lieutenant Hamilton to seize the Lettie-O for a violation of the Cuban Assets Control Regulations, 31 C.F. R. § 515.415, which under specified circumstances prohibits the transportation to Cuba of a vessel containing Cuban nationals.”
United States v. Fernandez-Pertierra, 523 F. Supp. 1135 (S.D. Fla. 1981). · cites it 3× “The Court now concludes that the regulation codified at 31 C.F.R. § 515.415 (1980) is constitutional on its face and as applied to the facts alleged, and that the Indictment correctly charges an offense against the United States.”
United States v. Ortiz De Zevallos, 748 F. Supp. 1569 (S.D. Fla. 1990). · cites it 2× “The court found that the defendants lacked the specific intent to violate 31 C.F.R. § 515.415 (a), because although the government had warned the defendants that their conduct would be illegal, the defendants were never specifically advised that regulation 31 C.”
— 31 C.F.R. § 515.415(a) — 1 case
United States v. Leopold Frade & Joe Morris Doss, 709 F.2d 1387 (11th Cir. 1983). “1983) (TWEA) and 31 C.F.R. § 515.415 (a), 1 a regulation promulgated under section 5(b) of the Act, as an addition to the Cuban Assets Control Regulations.”
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