Cuban American
Treasury Amends Cuban Assets Control Regulations
To Implement the President’s Initiative on
Family Visits and Remittances,
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a final rule amending the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (CACR), to implement the President’s initiative of April 13, 2009, to reach out to the Cuban people in support of their desire to freely determine their country’s future, promote greater contact between separated family members in the United States and Cuba, and increase the flow of remittances and information to the Cuban people.
The amendments to the CACR change the rules in three major areas: (1) family visits; (2) family remittances; and (3) telecommunications. These amendments also make certain technical and conforming changes to the CACR.
Family visits. OFAC has eased restrictions on travel-related transactions for visits to “close relatives” who are nationals of Cuba by issuing a general license.
- Travelers may visit “close relatives” (including, for example, aunts, uncles,cousins, and second cousins) who are nationals of Cuba.
- There is no limit on the duration of a visit to these “close relatives.”
- There is no limit on the frequency of visits to these “close relatives.”
- Authorized expenditure limits for travel within Cuba have been increased to match the expenditures allowed for all other authorized categories of travel to Cuba — specifically, the current State Department “per diem rate” for Havana (for use anywhere in Cuba) plus amounts for additional transactions directly incident to visiting close relatives in Cuba. The current “maximum per diem rate” is $179. For future updates to this rate, travelers may check the Department of State’s Office of Allowances web site (http://aoprals.state.gov).
- Travelers may be accompanied by persons who share a common dwelling as a family with them.
Remittances. OFAC has also eased restrictions on remittances (including from inherited blocked accounts) to “close relatives” who are nationals of Cuba by issuing a general license.
- Persons subject to the jurisdiction of the United States may send remittances to “close relatives” (including, as noted above, aunts, uncles, cousins, and second cousins) who are nationals of Cuba. These amendments do not affect the prohibition on remittances to a “prohibited official of the Government of Cuba” or a “prohibited member of the Cuban Communist Party,” as defined in the CACR.
- There is no limit on the amount of such a remittance.
- There is no limit on the frequency with which persons subject to the jurisdiction of the United States may send such remittances.
- Authorized family travelers may carry up to $3,000 of such remittances to Cuba.
- Remittances for emigration-related purposes continue to be subject to separate restrictions.
- Remittances may be made from depository institutions. To facilitate this, depository institutions are permitted to set up testing arrangements and exchange authenticator keys with Cuban financial institutions.