Frequently Asked Questions

782. If a foreign vessel is traveling to the United States via Cuba with cargo destined for the United States, may goods remain aboard the vessel for delivery to the United States while the vessel is docked in a Cuban port, and may that vessel and its cargo then enter the United States without being subject to the 180-day rule or the goods/passengers-on-board rule?

Answer

Yes, provided that no other factors trigger the 180-day rule or the goods/passengers-on-board rule. For example, no goods may be unloaded in Cuba other than goods that would be designated as EAR99 or controlled on the Commerce Control List only for anti-terrorism reasons if they had been exported from the United States; and no merchandise may be loaded in Cuba that is not licensed or exempt. Goods entering the United States that remained on board the ship while it docked in a Cuban port are not considered goods carried to or from Cuba or goods in which Cuba or a Cuban national has an interest for purposes of the goods/passengers-on-board rule. Furthermore, such goods are not considered goods that have been located in or transported through Cuba for the purposes of 31 CFR § 515.204, which prohibits the importation of certain merchandise into the United States. For a complete description of the 180-day rule, the goods/passengers-on-board rule, the importation prohibition, and the general licenses and exemptions that apply, see 31 CFR §§ 515.204, 515.206, 515.207, and 515.550

Date Released
November 8, 2017