General Note on the Provision of Services Related to Travel by non-U.S. Persons to Cuba (System Ed. Note)

Last substantive commentary amendment:
Mar. 16 2023

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TURBOFAC Commentary (4351 words)

General Note on the Provision of Services Related to Travel by non-U.S. Persons to Cuba (System Ed. Note)

This note addresses the question of what services persons “subject to the jurisdiction of the United States” within the meaning of 515.329 of the CACR may provide in connection with travel, by non-U.S. persons, to Cuba. All persons traveling to Cuba from the U.S. are, inherently, "subject to the jurisdiction of the United States," so this note focuses on the question of travel by persons that are neither U.S. persons nor traveling from or through the U.S., and the facilitation thereof.

The issue is rather complex, and the legal provisions governing the question are irregular. In general, there appear to be three broad categories of transaction types, subject to differing treatment. They are i) transactions ancillary to travel that are described...