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Case No. CU-2015-315858-1
ALX Company
870 West 19th Street
Costa Mesa, CA 92627
Attn: [ ]
Dear Mr. [ ]:
This is in response to your request dated January 20, 2015, and supplemental material dated April 17, 2015 (collectively, the “Application”), to the Office of Foreign Assets Control (OFAC), for authorization to analyze, identify, propose, and/or deploy low cost solutions in Cuba to improve the current electrical, telecom, satellite and TV, LAN and audio/visual system infrastructure for certain high impact sectors.
As you know, the Cuban Assets Control Regulations, 31 C.F.R Part 515 (the “Regulations”) prohibit all persons subject to the jurisdiction of the United States from engaging in transactions in which Cuba or a Cuban national has an interest, including services, unless authorized by a general or specific license issued...
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1) BACKGROUND
The applicant, which open-source research shows to be a small electrical/network cabling contractor, requests authorization to “analyze, identify, propose, and/or deploy low cost solutions in Cuba to improve the current electrical, telecom, satellite and TV, LAN and audio/visual system infrastructure for certain high impact sectors”. These are characterized in the letter by OFAC as “transactions related to the improvement of deficiencies in the network and telecom infrastructure, satellite and cable television infrastructure, and audio visual infrastructure…” OFAC response combines a number of general licenses to come to the conclusion that the proposed activities do not requires a specific license. See https://www.govinfo.gov/content/pkg/CFR-2017-title31-vol3/xml/CFR-2017-title31-vol3-part515.xml for the CACR as they appeared at the relevant time.
2) TELECOM GL AND “INFRASTRUCTURE” GL; SCOPE AND OVERLAP
a. 515.542(d)
OFAC cites 515.542(d), authorizing...