31 C.F.R. § 515.542

Mail and telecommunications-related transactions

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(a) All transactions, including payments, incident to the receipt or transmission of mail and parcels between the United States and Cuba are authorized, provided that the importation or exportation of such mail and parcels is exempt from or authorized pursuant to this part.

(b) All transactions, including payments, incident to the provision of telecommunications services related to the transmission or the receipt of telecommunications involving Cuba, including the entry into and performance under roaming service agreements with telecommunications services providers in Cuba, by persons subject to U.S. jurisdiction are authorized. This paragraph does not authorize any transactions addressed in paragraphs (c) or (d) of this section, nor does it authorize the entry into or performance of a contract with or for the benefit of any particular individual in Cuba.

(c) All persons subject to U.S. jurisdiction are authorized to enter into, and make payments under, contracts with telecommunications service providers, or particular individuals in Cuba, for telecommunications services provided to particular individuals in Cuba, provided that such individuals in Cuba are not prohibited officials of the Government of Cuba, as defined in § 515.337 of this part, or prohibited members of the Cuban Communist Party, as defined in § 515.338 of this part. The authorization in this paragraph includes payment for activation, installation, usage (monthly, pre-paid, intermittent, or other), roaming, maintenance, and termination fees.

(d) General license for telecommunications facilities. Transactions, including payments, incident to the establishment of facilities, including fiber-optic cable and satellite facilities, to provide telecommunications services linking the United States or third countries and Cuba, including facilities to provide telecommunications services in Cuba, are authorized.

(e) Persons subject to U.S. jurisdiction are authorized to enter into licensing agreements related to services authorized by paragraphs (b) through (d) of this section, and to market such services.

(f) [Reserved]

(g) Any entity subject to U.S. jurisdiction relying on paragraph (b), (c), or (d) of this section shall notify OFAC in writing within 30 days after commencing or ceasing to offer such services, as applicable, and shall furnish by January 15 and July 15 of each year semiannual reports providing the total amount of all payments made to Cuba or a third country related to any of the services authorized by this section during the prior six months. These notifications and reports must be captioned “Section 515.542 Notification” or “Section 515.542 Report” and emailed to [email protected]. The reporting requirement in this paragraph (g) applies only to the non-banking institution entity subject to U.S. jurisdiction relying upon paragraph (b), (c), or (d) of this section to provide telecommunications services.

(h) For purposes of this section, the term “telecommunications services” includes data, telephone, telegraph, internet connectivity, radio, television, news wire feeds, and similar services, regardless of the medium of transmission, including transmissions by satellite.

(i) Nothing in this section authorizes the exportation or reexportation of any items to Cuba. For the rules related to authorization of exports and reexports to Cuba, see §§ 515.533 and 515.559.

(j) Nothing in this section authorizes transactions related to travel to, from, or within Cuba.

Note 1 to § 515.542:

For an authorization of travel-related transactions that are directly incident to the conduct of market research, commercial marketing, sales or contract negotiation, accompanied delivery, installation, leasing, servicing, or repair in Cuba of items consistent with the export or reexport policy of the Department of Commerce, see § 515.533(c). For an authorization of travel-related transactions that are directly incident to participation in professional meetings, including where such meetings relate to telecommunications services or other activities authorized by paragraphs (b) through (e) of this section, see § 515.564(a).

Note 2 to § 515.542:

For general licenses authorizing physical and business presence in Cuba for certain persons, see § 515.573. An authorization related to business presence was previously included in this section. For an authorization of certain internet-related services, see § 515.578.

[80 FR 2293, Jan. 16, 2015, as amended at 80 FR 56921, Sept. 21, 2015; 81 FR 13991, Mar. 16, 2016; 81 FR 71376, Oct. 17, 2016; 85 FR 60071, Sept. 24, 2020; 87 FR 35089, June 9, 2022; 89 FR 46324, May 29, 2024]

Notes of Decisions

Cited in 4 cases, 1990–2013 · leading case: Odebrecht Constr., Inc. v. Sec'y, Florida Dep't of Transp., 715 F.3d 1268 (11th Cir. 2013).

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Odebrecht Constr., Inc. v. Sec'y, Florida Dep't of Transp., 715 F.3d 1268 (11th Cir. 2013). · cites it 2× “31 C.F.R. § 515.542 . The regulations also authorize persons or entities covered by the regulations to enter into and pay for contracts with non-Cuban telecommunications providers to provide telecommunications services to individuals within Cuba, so long as the Cuban individuals…”

Capital Cities/ABC, Inc. v. Brady, 740 F. Supp. 1007 (S.D.N.Y. 1990). · cites it 2× “These provisions authorize, inter alia: 1) transactions of common carriers incident to the *1009 receipt and transmission of mail, 31 C.F.R. § 515.542 (a); 2) transactions incident to the use of satellite channels for the transmission of television news and news programs…”

Havana Club Holding, S.A. v. Galleon S.A., 974 F. Supp. 302 (S.D.N.Y. 1997). “, 31 C.F.R. § 515.542 (authorizing “[a]ll transactions of common carriers incident to the receipt of mail between the United States and Cuba”), and specific licenses, which require individualized determinations and approval by OFAC.”

Alejandre v. Repub. of Cuba, 42 F. Supp. 2d 1317 (S.D. Fla. 1999). “See 31 C.F.R. § 515.542 (c) (West 1998). OFAC has issued eight telecommunications licenses since the enactment of the CDA, none of which permit payments to the government of Cuba from blocked accounts.”

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