U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL
LICENSING DIVISION
COMMENT:
This responds to your September 9, 2015, specific license application, submitted to the Office of Foreign Assets Control (OFAC), to export agricultural goods, including milk and cream, to Cuba.
On January 16, 2015, and again on September 21, 2015, OFAC amended the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (the “Regulations”). These amendments set forth new general licenses and/or amendments to existing general licenses. These new and amended general licenses facilitate travel to Cuba for authorized purposes, facilitate the provision by travel agents and airlines of authorized travel services and the forwarding by certain entities of authorized remittances, raise the limit on certain categories of remittances to Cuba, allow U.S. financial institutions to open correspondent accounts at Cuban financial institutions to facilitate the processing...
1) 515.533 provides (and provided at the time of the issuance of the guidance letter) that exports to Cuba from the U.S. were authorized if “[the] exportation or reexportation is licensed or otherwise authorized by the Department of Commerce under the provisions of the Export Administration Act of 1979, as amended (50 U.S.C. 4601-4623) (see the Export Administration Regulations, 15 CFR parts 730 through 774)”. This was the case even when the request for the license was made, but amendments to the CACR in 2015 liberalized the acceptable payment terms. As it relates to OFAC considering “milk and cream” to qualify, see List of "Agricultural Commodities" for TSRA Purposes (Commodities Eligible for Shipment to Cuba Agricultural, Fish and Forestry).
2) What is particularly notable about this letter is the following:
OFAC has reviewed your application and it appears that the activities contemplated in...