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Cuba travel a little easier for U.S. boaters

Region: General
Date Reported: Sep 22, 2015
Reported By: Mike Ahart, News Editor
Source: Federal Register, BIS, OFAC

According to a recent press release and Federal Register entry, The U.S. Treasury's Office of Foreign Assets Control (OFAC) has amended the Cuban Assets Control Regulations to "further implement elements of the policy announced by the President on December 17, 2014 to engage and empower the Cuban people," effective Sep. 21, 2015, relaxing a number of rules for Cuba travel and commerce.

What does this mean for cruisers who want to visit Cuba by private boat? According to a fact sheet provided by the Department of Commerce’s Bureau of Industry and Security (BIS):

"You do not need an export license to sail your boat to Cuba if your temporary sojourn is eligible for paragraph (d)(6) of License Exception Aircraft, Vessels and Spacecraft (AVS) (15 CFR § 740.15). That paragraph authorizes certain temporary sojourns to Cuba, including temporary sojourns of recreational vessels that are used in connection with travel authorized by the Department of the Treasury’s Office of Foreign Assets Control (OFAC). However, you must submit a license application to the Bureau of Industry and Security if your vessel would remain in Cuba for longer than 14 consecutive days before departing for a country to which the vessel could be exported without a license or to the United States."

Translation: If you know you are going to stay in Cuba less than 14 days, BIS does not require that you apply for an vessel export license; however, you must review the rules and maintain the required records for five years, according to the Foreign Policy Division of BIS – and it doesn't absolve you from requirements from other federal agencies, such as the Coast Guard Permit to Enter Cuban Territorial Seas.* Also, your travel must be related to one the following 12 activities, subject to criteria and conditions in each general license outlined by the Office of Foreign Assets Control (OFAC):

• Family visits
• Official business of the U.S. government, foreign governments, and certain intergovernmental organizations
• Journalistic activity
• Professional research and professional meetings
• Educational activities
• Religious activities
• Public performances, clinics, workshops, athletic and other competitions, and exhibitions
• Support for the Cuban people
• Humanitarian projects
• Activities of private foundations or research or educational institutes
• Exportation, importation, or transmission of information or information materials
• Certain authorized export transactions

The OFAC general license requires no application – just follow the requirements and keep records,

*Here's the conundrum: You are still required to apply for and receive a USCG Permit to Enter Cuban Territorial Seas – even if you visit the Bahamas or other countries first – and the

Another change: Family members can come along even if they are not involved in the "activity." ¡Buen viaje!