In response to the President's direction to implement recommendations from the Commission for Assistance to a Free Cuba, the Departments of Treasury and Commerce published new rules on Cuba. These new rules do not affect individuals and NGOs currently licensed to provide humanitarian assistance or support for the Cuban people (e.g., to civil society or religious groups) and they do not impose any more stringent requirements for obtaining such licenses in the future. The key components of the new rules are as follows:
Family Visits
The rules were amended to eliminate the general license authorizing family visits and to require a specific license to visit certain family members in Cuba; visits are permitted once every three years; living expenses are authorized up to $50 per day plus an additional $50 per trip for travel expenses in Cuba. These frequency and per diem rules limits apply only to individuals traveling for family visits.
Remittances
The general license authorizing quarterly remittances was amended to authorize remittances only to certain family members and to prohibit remittances to certain Cuban Communist Party members and Cuban government officials; remittance rate remains $300 per quarter. This rule remains applicable only to remittances to family. NGOs wishing to provide financial support to civil society or religious organizations or members of such groups can apply for a specific license from OFAC to do so.
Educational Activities
The educational activities license category was amended to authorize only full semester programs of study in Cuba by accredited graduate and undergraduate institutions and certain of their students. This rule applies only to students, educational institutions, and other individuals engaged in educational activities.
Gift Parcels
The rule authorizing exports of gift parcels to Cuba was amended (1) to limit eligible recipients to include only certain family members, (2) to limit the frequency of non-food gift parcels to once per month per household, and (3) to limit the types of non-food items that may be included in gift parcels. The new rule also prohibits gift parcels to certain Cuban Communist Party members and Cuban government officials. Notably, there are still no frequency or value limits on the amount of food that can be sent in gift parcels to Cuba. The rules authorizing humanitarian donations by groups or organizations with experience maintaining verifiable delivery systems remain unchanged, as do the rules for licenses to export in support of the Cuban people.
Baggage
This rule was amended to authorize only 44 pounds of baggage to accompany certain travelers to Cuba. Individuals traveling under an OFAC license to carry out humanitarian projects or a license in support of the Cuban people are exempt from this requirement.
Temporary Sojourn to Cuba
This rule amended the policy for evaluating export applications for aircraft or boats on temporary sojourn to Cuba. Such applications will now be evaluated on a case-by-case basis and approved only for the explicit purpose of delivering humanitarian goods or services, or when it is in the U.S. foreign policy interest.
