The Cuba Partnership Resource Manual

Department of State, OFAC Licensing Process

Last Updated (Thursday, 28 July 2011 15:04) Written by John Walter Wednesday, 23 February 2011 15:21

The State Department,
Office of Foreign Assets Control (OFAC) Licensing Process.       
updated 2.22.2011,  John Walter


Update: Interpreting the January 2011 changes to the Code of Federal  Registry
(CFR).

The Obama Administration took steps in January 2011 to ease the restrictions
on Cuba in three ways:

1. Many may now apply for "general licenses" rather than "specific licenses". While we
have yet to see the specific language of this change, we know that applying under a
general license essentially means fewer restrictions on Cuba visits. Stay tuned; as soon as
we know the details we will update this page. Until then see #2 below

2. The government will allow more international airports equipped with customs units
to fly directly to Cuba.

3; Remittances by US citizens to Cuban nationals (excluding Cuban government
officials and agents) qill now be allowed. $2,000 annually or up to $500 quarterly
may be sent or carried to non-family members. (One supposes this also means to
churches, presbyteries, and the IPRC Synod)

Update February 24, 2011: 

Recent OFAC Actions

1/28/2011
Page Content


The Department of the Treasury's Office of Foreign Assets Control ("OFAC")
today is amending the Cuban Assets Control Regulations
<http://www.treasury.gov/resource-center/sanctions/Programs/
Documents/fr76_5072.pdf> , 31 C.F.R. part 515 (the "CACR"), to
implement policy changes announced by the President on January 14, 2011,
to allow, among other things, for greater licensing of travel to Cuba for
educational, cultural, religious, and journalistic activities and to expand
licensing of remittances to Cuba.  Among other changes, OFAC has issued
new general licenses authorizing travel-related transactions incident to
certain educational or religious activities to replace the former statements
of specific licensing policy for such transactions.  OFAC has restored to the
CACR a statement of specific licensing policy for "people-to-people" exchanges. 
This travel category provides for licenses authorizing educational exchanges
not involving academic study pursuant to a degree program when those
exchanges take place under the auspices of an organization that sponsors
and organizes such programs to promote people-to-people contact. 
OFAC has increased the scope of the statement of specific licensing policy
for journalistic activities in Cuba to include free-lance journalistic projects
other than "articles."  OFAC also has issued new general licenses authorizing
remittances of up to $500 per quarter to any Cuban national, as well as
unlimited remittances to religious organizations in Cuba in support of
religious activities there.  These amendments also authorize certain
transactions with Cuban national individuals who have taken up
permanent residence outside of Cuba, as well as implement certain
technical and conforming changes.

Jo Ella Holman,Regional Liaison for the Caribbean

Until January 14, 2011, the following was the process to apply for a "Specific" license:


    1. Churches and Presbytery officers traveling to Cuba do so with a
        "Specific License" granted to religious organizations.  

    a. There is no cap on the size of the delegation. For churches there is
        no cap on the duration of the stay. For presbyteries there may be;
        check the language on the license itself for any provisions.

    b. There is no time limit to the stay (for churches), other than to say that
        the Cuban visa is a constraint that must be addressed for longer stays,
        as it must be renewed at three months.

    c. The Cuban government will assume ~ given you will have a
         “religious” visa” ~ that you will be hosted at a church. The Charter
         carrier is required to ask you for a specific address in Cuba where
         you will be hosted.

    d. The pastor may elect to use his / hers specific license, or may elect
        to use the presbytery’s.

2. Please visit:    https://cubatravel.ofac.treas.gov/   for an online application.
This is new this year, so I can’t advise you one way or another, but typically
churches are given a two year license without much problem. Presbyteries on
the other hand may be more contentious, and therefore won’t be discussed here. Expect
the licence to be approved and in your hands in about two-four weeks, depending on
the complexity of the activity report (required of churches which are reapplying).

3. Also, see a sample of an OFAC application in the appendix. Use it as a guideline
for your application, and try not to sound too lawyerly.