Update Cuba Sanctions FAQ July 2016
On 8th July 2016 the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) updated its guidelines regarding Cuba to issue one new FAQ (#38) and revise one existing FAQ (#39) relating to information collection and record-keeping requirements for persons subject to US jurisdiction who provide authorized carrier or travel services to or from Cuba for specifically licenced travellers. A general licence may be granted to persons subject to US jurisdiction for 12 categories of travel listed in 31 CFR § 515.560 of the Cuban Assets Control Regulations (CACR), or under a specific licence from OFAC.
FAQ #38 states that, following OFAC’s 16th January 2015 revisions to the information collection and record retention requirements for persons subject to US jurisdiction providing carrier or travel services to or from Cuba pursuant to 31 CFR § 515.572, OFAC will consider the collection and retention of specific licence numbers to be equivalent to collecting and retaining a copy of the licence as required by § 515.572. Persons subject to US jurisdiction providing authorized carrier or travel services that choose to collect the specific licence number in lieu of the licence must maintain a record of that number, as well as the other required information set forth in § 515.572, for at least five years.
FAQ #39 states that in order to verify that an individual traveller is authorised to travel to Cuba, persons subject to US jurisdiction providing authorized carrier or travel services must retain for at least five years from the date of the transaction a certification from each customer indicating the provision of the CACR authorising the person to travel to Cuba. Where a customer is travelling under a specific licence, a copy of the licence or the licence number must be maintained on file. The names and addresses of individual travellers must also be maintained on file (as per § 515.572) for at least five years. This information, including certifications and copies of licences or licence numbers, may be maintained electronically.
A copy of the OFAC FAQ can be downloaded from the link below.