C.F.R. » Title 31 » CHAPTER V—OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY › PART 515—CUBAN ASSETS CONTROL REGULATIONS › Subpart E—Licenses, Authorizations, and Statements of Licensing Policy

31 C.F.R. § 515.560

Travel-related transactions to, from, and within Cuba by persons subject to U.S. jurisdiction

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(a) The travel-related transactions listed in paragraph (c) of this section may be authorized either by a general license or on a case-by-case basis by a specific license for travel related to the following activities (see the referenced sections for the applicable general and specific licensing criteria):

(1) Family visits (see § 515.561);

(2) Official business of the U.S. government, foreign governments, and certain intergovernmental organizations (see § 515.562);

(3) Journalistic activity (see § 515.563);

(4) Professional research and professional meetings (see § 515.564);

(5) Educational activities (see § 515.565);

(6) Religious activities (see § 515.566);

(7) Public performances, clinics, workshops, athletic and other competitions, and exhibitions (see § 515.567);

(8) Support for the Cuban people (see § 515.574);

(9) Humanitarian projects (see § 515.575);

(10) Activities of private foundations or research or educational institutes (see § 515.576);

(11) Exportation, importation, or transmission of information or informational materials (see § 515.545); and

(12) Certain export transactions that may be considered for authorization under existing Department of Commerce regulations and guidelines with respect to Cuba or engaged in by U.S.-owned or -controlled foreign firms (see §§ 515.533 and 515.559).

(b) Effective October 28, 2000, no specific licenses will be issued authorizing the travel-related transactions in paragraph (c) of this section in connection with activities other than those referenced in paragraph (a) of this section.

(c) Except as provided in paragraph (d) of this section, persons generally or specifically licensed under this part to engage in transactions in connection with travel to, from, and within Cuba may engage in the following transactions:

(1) Transportation to, from, and within Cuba; Cuban visas. All transportation-related transactions ordinarily incident to travel to, from, and within Cuba, including the acquisition of Cuban visas, are authorized.

(2) Living expenses in Cuba. All transactions ordinarily incident to travel within Cuba, including payment of living expenses and the acquisition in Cuba of goods for personal consumption there, are authorized.

(3) Importation of Cuban merchandise. The purchase or other acquisition in Cuba and importation as accompanied baggage into the United States of merchandise is authorized, provided that the merchandise is imported for personal use only. This paragraph does not apply to the importation into the United States of Cuban-origin alcohol or tobacco products. The importation of Cuban-origin information and informational materials is exempt from the prohibitions of this part, as described in § 515.206. The importation of certain other specified goods and services is authorized in §§ 515.544, 515.547, 515.569, 515.578, 515.582, and 515.585.

(4) Carrying remittances to Cuba. The carrying to Cuba of any remittances that the licensed traveler is authorized to remit pursuant to § 515.570 is authorized, provided that no emigration-related remittances authorized by § 515.570(e) are carried to Cuba unless a U.S. immigration visa has been issued for each payee and the licensed traveler can produce the visa recipients' full names, dates of birth, visa numbers, and visa dates of issuance.

(5) Processing certain financial instruments. All transactions incident to the processing and payment of credit cards, debit cards, stored value cards, checks, drafts, travelers' checks, and similar instruments used or negotiated in Cuba by any person authorized pursuant to this part to engage in financial transactions in Cuba are authorized. Persons subject to U.S. jurisdiction may rely on the traveler with regard to compliance with this paragraph, provided that such persons do not know or have reason to know that a transaction is not authorized by this section.

Note to § 515.560(c)(5):

Please see § 515.584 for additional provisions related to the processing and payment of credit and debit card transactions.

(6)(i) Opening and maintaining bank accounts. All transactions incident to the opening and maintenance of accounts, including the deposit of funds in such accounts by wire transfer, at a financial institution in Cuba are authorized, provided that such accounts are used only while the traveler is located in Cuba and for the purpose of accessing funds in Cuba for transactions authorized pursuant to, or exempt from, this part.

(ii) Closing bank accounts. All transactions incident to the closing of accounts opened pursuant to the authorization in paragraph (c)(6)(i) of this section are authorized, provided that any transfer of funds may only be effected by wire transfer to an account maintained at a depository institution, as defined in § 515.333, that is a person subject to U.S. jurisdiction.

Note to paragraph (c)(6):

Account(s) authorized by this general license may only be accessed while the account holder is located in Cuba for travel authorized pursuant to this part. The account(s) may not be accessed or utilized by the account holder unless the account holder is located in Cuba and is engaging in authorized transactions. The account(s) may be maintained but not accessed while the account holder is located outside of Cuba other than for the purpose of funding or closing the bank account as authorized in paragraph (c)(6).

(d) Nothing in paragraphs (c)(2), (c)(3), and (c)(6)(i) of this section authorizes a direct financial transaction prohibited by § 515.209, and nothing in paragraph (c)(2) of this section authorizes the lodging, paying for lodging, or otherwise making any reservation for or on behalf of a third party to lodge, at any property on the Cuba Prohibited Accommodations List to the extent prohibited by § 515.210, in each case if the terms of the applicable general or specific license expressly exclude such a transaction.

(e) A blocked Cuban national permanently resident in Cuba who is departing the United States may carry currency as follows:

(1) The amount of any currency brought into the United States by the Cuban national and registered with U.S. Customs and Border Protection upon entry;

(2) Funds received as remittances pursuant to § 515.570 by the Cuban national during his or her stay in the United States; and

(3) Salaries or other compensation earned by the Cuban national up to any amount that can be substantiated through payment receipts as authorized in § 515.571(a)(5).

(f) Nothing in this section authorizes transactions in connection with tourist travel to Cuba.

Note 1 to § 515.560:

Each person relying on the general authorization in this section must retain specific records related to the authorized travel transactions. See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and reporting requirements.

Note 2 to § 515.560:

This section authorizes the provision of health insurance-, life insurance-, and travel insurance-related services to authorized travelers, as well as the receipt of emergency medical services and the making of payments related thereto.

Note 3 to § 515.560:

The export or reexport to Cuba of goods (including software) or technology subject to the Export Administration Regulations (15 CFR parts 730 through 774) may require separate authorization from the Department of Commerce.

[64 FR 25814, May 13, 1999, as amended at 66 FR 36688, July 12, 2001; 68 FR 14146, Mar. 24, 2003; 69 FR 33771, 33773, June 16, 2004; 74 FR 46006, Sept. 8, 2009; 76 FR 5074, Jan. 28, 2011; 80 FR 2295, Jan. 16, 2015; 80 FR 56922, Sept. 21, 2015; 81 FR 13992, Mar. 16, 2016; 81 FR 71376, Oct. 17, 2016; 82 FR 52000, Nov. 9, 2017; 85 FR 60071, Sept. 24, 2020]
Notes of Decisions
Cited in 19 cases, 1983–2020 · leading case: Regan v. Wald, 468 U.S. 222 (1984).
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Regan v. Wald, 468 U.S. 222 (1984). · cites it 14× “See 31 CFR § 515.560 (1983). But this general license was amended in 1982, and the scope of permissible economic transactions in connection with travel to Cuba was significantly narrowed.”
United States v. Locke, 471 U.S. 84 (1985). · cites it 2× “This is true, for example, as to statutes of limitations and other filing deadlines clearly specified. Because of the special circumstances JUSTICE STEVENS identifies and the constitutional concerns identified above, this case is unique.”
Rodriguez v. State, 919 So. 2d 1252 (Fla. 2006). “See 31 C.F.R. § 515.560 (2004) (permitting travel-related transactions to, from, and within Cuba by persons subject to U.”
United States v. Leopold Frade & Joe Morris Doss, 709 F.2d 1387 (11th Cir. 1983). · cites it 2× “It criminalized behavior (travel to, from, and within Cuba), which previously had been expressly authorized in published regulation 31 C.F.R. § 515.560 , 3 and which, in fact, remained lawful, except when done in connection with the transportation of Cuban nationals, an activity…”
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× “B The challenged regulations contain an exemption for newsgathering, providing a general license for travel-related payments for “persons who are traveling for the purpose of gathering news, making news or documentary films, engaging in professional research, or for similar…”
Emergency Coalition to Defend Educ. Travel v. United States Dep't of the Treasury, 498 F. Supp. 2d 150 (D.D.C. 2007). · cites it 2× “See 31 C.F.R. §§ 515.560 (a), 515.563(a), 515.”
ABC Charters, Inc. v. Bronson, 591 F. Supp. 2d 1272 (S.D. Fla. 2008). · cites it 2× “Federal law *1286 places restrictions on when travel can occur [ 31 C.F.R. § 515.560 , 515.561], how often it may occur [ 31 C.”
United States v. Bryan Evan Singer, 963 F.3d 1144 (11th Cir. 2020). “See 31 C.F.R. § 515.560 (c). But the “[s]upport for the Cuban People” general license does not authorize travel to Cuba for the purpose of exporting items from the United States to Cuba, including the NanoStations, that fall into ECCN 5A002.”
Ruth Wald v. Donald Regan, 708 F.2d 794 (1st Cir. 1983). · cites it 3× “” 31 C.F.R. § 515.560 (1982). Appellants attacked the lawfulness of this regulation on constitutional and statutory grounds and asked the district court for a preliminary injunction against its enforcement.”
Int'l Bancorp, LLC v. Societe Des Bains De Mer Et Du Cercle Des Etrangers a Monaco, 329 F.3d 359 (4th Cir. 2003). · cites it 2× “, 31 C.F.R. § 515.560 (a)(3) (1977) (prohibit- ing United States citizens from purchasing merchandise in Cuba with a foreign market value in excess of $100).”
Capital Cities/ABC, Inc. v. Brady, 740 F. Supp. 1007 (S.D.N.Y. 1990). · cites it 2× “Lastly, ABC contends that the proposed transaction is authorized pursuant to the general licensing provision for news gathering activities, see 31 C.F.R. § 515.560 (a)(1)(h) 15 , and that therefore the OFAC has misapplied its own regulations.”
Havana Club Holding, S.A. v. Galleon S.A., 974 F. Supp. 302 (S.D.N.Y. 1997). “See 31 C.F.R. § 515.560 (c)(3); Complaint ¶27.”
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