717. Are there any spending limits for authorized U.S. travelers while in Cuba?
There is no specific dollar limit on authorized expenses; however, in accordance with National Security Presidential Memorandum-5 on Strengthening the Policy of the United States Toward Cuba, OFAC amended the Cuban Assets Control Regulations to restrict persons subject to U.S. jurisdiction from engaging in direct financial transactions with entities or subentities identified on the State Department’s Cuba Restricted List, with certain exceptions. See 31 CFR §§ 515.209 and 515.421. Consistent with these authorizations and restrictions, authorized travelers may engage in transactions ordinarily incident to travel within Cuba, including payment of living expenses and the acquisition in Cuba of goods for personal consumption there. OFAC amended 31 CFR § 515.421 to exclude from the authorization lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property in Cuba on the State Department’s Cuba Prohibited Accommodations List to the extent prohibited by 31 CFR § 515.210. For a complete description of the scope of this prohibition, see 31 CFR § 515.210. In addition, travelers are authorized to acquire in Cuba and import as accompanied baggage into the United States merchandise for personal use only; effective September 24, 2020, this authorization excludes imports into the United States of Cuban-origin alcohol or tobacco products. OFAC considers “personal use” of an imported item to include giving the item to another individual as a personal gift, but not the transfer of the item to another person for payment or other consideration. Value imports remain subject to the normal limits on duty and tax exemptions for merchandise imported as accompanied baggage and for personal use.
Date Released
October 26, 2020
1) See 515.560(c)(2):
"Living expenses in Cuba. All transactions ordinarily incident to travel within Cuba, including payment of living expenses and the acquisition in Cuba of goods for personal consumption there, are authorized."
2) FAQ amended on 9-23-2020 to (i) account for the addition of 515.210 to the CACR and conforming amendment to 515.421, and (ii) to clarify that “OFAC considers ‘personal use’ of an imported item to include giving the item to another individual as a personal gift, but not the transfer of the item to another person for payment or other consideration.”
This FAQ provides guidance interpreting the term "personal use" that does not appear elsewhere in OFAC's regulations or FAQs. More specifically, by allowing items intended to be “personal gifts” to qualify as items for “personal use, ”OFAC confirms that "personal use" may be something approximating “not for commercial use or resale.” The FAQ may have cross-programmatic value, e.g. for the interpretation of GLs such as 542.514 of the SySR. The term “personal use” also features in the standard regulatory provision implementing IEEPA-based travel exemptions (“…the prohibitions contained in this part do not apply to transactions ordinarily incident to travel to or from any country, including importation or exportation of accompanied baggage for personal use…)
3) See https://www.cbp.gov/trade/basic-import-export/cbp-public-notice-process-imports-cuba (Jan, 2019) on "personal use" limits. See FAQ # 729, clarifying that “OFAC considers ‘personal use’ of an imported item to include giving the item to another individual as a personal gift, but not the transfer of the item to another person for payment or other consideration.”
4) FAQ Amended on 10-26-2020 to make certain stylistic changes.