OFAC currently authorizes a number of categories of remittances from persons subject to U.S. jurisdiction to persons in Cuba. The September 9, 2019 rule amended certain general licenses related to specific remittance categories, including family remittances. The September 9, 2019 rule also eliminated the general license for donative remittances that was previously located at 31 CFR § 515.570(b).
Family remittances. Effective October 9, 2019, OFAC placed a cap on family remittances of $1,000 in any consecutive three-month period. Accordingly, persons subject to U.S. jurisdiction are authorized to make remittances to nationals of Cuba who are close relatives of the remitter, provided that the remitter’s total family remittances to any one Cuban national do not exceed $1,000 in any consecutive three-month period. In addition, the recipient may not be a prohibited official of the Government of Cuba, as defined in § 515.337 or a prohibited member of the Cuban Communist Party, as defined in § 515.338, or a close relative of such persons, as defined in § 515.339. See 31 CFR § 515.570(a) for additional applicable conditions.
Remittances to certain individuals and independent non-governmental organizations in Cuba. Effective October 9, 2019, OFAC amended the general license that authorizes remittances to certain individuals and independent non-governmental organizations in Cuba to further authorize remittances that encourage the development and operation of private businesses by self-employed individuals. Section 515.340 of the Cuban Assets Control Regulations defines “self-employed individual” to mean a Cuban national who satisfies one or more of the following conditions: (a) is an owner or employee of a small private business or a sole proprietorship, including restaurants (paladares), taxis, and bed-and-breakfasts (casas particulares); (b) is an independent contractor or consultant; (c) is a small farmer who owns his or her own land; or (d) is a small usufruct farmer who cultivates state-owned land to sell products on the open market. Persons subject to U.S. jurisdiction are authorized to make remittances to individuals and independent non-governmental entities in Cuba, including pro-democracy groups and civil society groups, and to members of such groups or organizations, to support: humanitarian projects in or related to Cuba that are designed to directly benefit the Cuban people and the Cuban people through activities of recognized human rights organizations, independent organizations designed to promote a rapid, peaceful transition to democracy, and activities of individuals and non-governmental organizations that promote independent activity intended to strengthen civil society. See 31 CFR § 515.570(g) for additional applicable conditions.
Also, effective October 9, 2019, OFAC removed the general license that authorized persons subject to U.S. jurisdiction to make donative remittances to persons in Cuba, and such remittances are no longer authorized. Finally, effective November 26, 2020, OFAC amended 31 CFR § 515.570 to exclude from the scope of the authorization any transaction relating to the collection, forwarding, or receipt of remittances involving any entity or subentity identified on the State Department’s Cuba Restricted List.
See 31 CFR § 515.570 for a complete description of what the OFAC general licenses related to remittances authorize and the restrictions that apply, as well as statements of specific licensing policy.
For remittances from Cuban nationals to persons subject to U.S. jurisdiction, see 31 CFR § 515.587. Please also note that, effective November 26, 2020, OFAC amended 31 CFR § 515.587 to exclude from the scope of the authorization any transaction relating to the collection, forwarding, or receipt of remittances involving any entity or subentity identified on the State Department’s Cuba Restricted List.