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Case No. CU-2015-319004-1
Carnival Corporation
c/o Hogan Lovells US LLP
555 13th Street NW
Washington, D.C. 20004
Attn: Beth Peters, Esq. and Stephen Propst, Esq.
Dear Ms. Peters and Mr. Propst:
This is in response to your request of May 7, 2015, as supplemented on May 26, 2015 and June 11,2015 (collectively, the "Application"), on behalf of Carnival Corporation & Carnival plc (collectively, "Carnival"), to the US Department of the Treasury's Office of Foreign Assets Control (OFAC), seeking authorization to operate commercial carrier services by vessel between the United States and Cuba and to provide lodging aboard the vessel for crew and passengers while the vessel is docked at a port in Cuba.
As you know, the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (CACR), administered by OFAC, prohibit all persons...
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1) BACKGROUND
At the time the letter (pp. 1-2) and license (pp.3-5) were issued, 515.572(a)(2) of the CACR provided as follows:
(2) Authorization to provide carrier services. Persons subject to U.S. jurisdiction are authorized to provide carrier services by aircraft to, from, or within Cuba in connection with travel or transportation to Cuba of persons, baggage, or cargo authorized pursuant to this part. (https://www.govinfo.gov/content/pkg/FR-2015-01-16/pdf/2015-00632.pdf#page=9).
The license was issued not long before the September 21, 2015 addition to the CACR of 515.572(a)(4), which read as follows:
(4) Authorization to provide lodging services. Persons subject to U.S. jurisdiction who are providing carrier services by vessel authorized pursuant to paragraph (a)(2) of this section are authorized to provide lodging services onboard...