Commerce Questions & Answers
Regarding the President’s 06/16/17 Cuba Policy Announcement
1. How will the Bureau of Industry and Security (BIS) implement the changes to the Cuba sanctions program announced by the President on June 16, 2017? Are the changes effective immediately?
BIS will implement any Commerce-specific changes required by amending the Export Administration Regulations (EAR). The Department of the Treasury’s Office of Foreign Assets Control (OFAC) will implement any necessary changes by amending its Cuban Assets Control Regulations (CACR). If amendments to the EAR are necessary, BIS will publish them in the coming months. None of the announced changes take effect until the new regulations are issued.
2. Will the changes affect existing contracts and licenses?
If amendments to the EAR are required, they will be prospective and thus will not affect existing contracts and licenses.
3. How will the changes affect travel by U.S. Persons to Cuba?
OFAC will implement any necessary changes affecting such travel via amendments to its CACR.
4. Will aircraft and vessels carrying passengers to Cuba once again require a BIS license?
Aircraft and vessels departing the United States on temporary sojourn to Cuba will remain eligible for a license exception. Passengers must have appropriate authorization from OFAC.
5. How will exporters know if their customer is connected to GAESA (Grupo de Administracion Empresarial de las Fuerzas Armadas) or any other prohibited parties?
The Department of State intends to publish a list that identifies prohibited entities.
6. Will exports of agricultural products, medicine and medical devices be impacted?
Exports of agricultural products, medicine and medical devices are governed by statute and will not be impacted.
7. Will exports in support of the Cuban people, including to private sector entrepreneurs, be restricted?
BIS does not anticipate that such exports will be restricted.