758. Is Cuba open for U.S. business and investment?
Persons subject to U.S. jurisdiction are prohibited from doing business or investing in Cuba unless authorized by OFAC. An OFAC general license authorizes, subject to certain conditions and limitations, the exportation from the United States, and the reexportation from third countries, of items to Cuba where the exportation or reexportation is licensed or otherwise authorized by BIS. See 31 CFR § 515.533(a). BIS currently authorizes certain categories of items to be exported or reexported to Cuba. In addition, OFAC currently generally licenses the establishment of a business presence or physical presence in Cuba for certain types of entities or persons. See 31 CFR § 515.573. The general licenses for the establishment of a business presence or physical presence in Cuba exclude from the authorizations direct or, effective September 30, 2026, indirect financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. For a description of the scope of the prohibition on direct or indirect financial transactions and the restrictions and exceptions that apply, see 31 CFR § 515.209.
Updated on Sep 29, 2026
Cuba Sanctions
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758. Is Cuba open for U.S. business and investment?
Persons subject to U.S. jurisdiction are prohibited from doing business or investing in Cuba unless authorized by OFAC. An OFAC general license authorizes, subject to certain conditions and limitations, the exportation from the United States, and the reexportation from third countries, of items to Cuba where the exportation or reexportation is licensed or otherwise authorized by BIS. See 31 CFR § 515.533(a). BIS currently authorizes certain categories of items to be exported or reexported to Cuba. In addition, OFAC currently generally licenses the establishment of a business presence or physical presence in Cuba for certain types of entities or persons. See 31 CFR § 515.573. In accordance with the NSPM, OFAC amended the general licenses for the establishment of a business presence or physical presence in Cuba to exclude from the authorizations certain direct financial transactions with entities and subentities identified on the State Department’s Cuba Restricted List. For a description of the scope of the prohibition on direct financial transactions and the restrictions and exceptions that apply, see 31 CFR § 515.209. [09-06-2019]
[9-30-26 Update – FAQ amended to reflect expansion of 560.209 to “indirect” financial transactions]
1) Refer to provisions cited, comments thereto. FAQ restates what is evident from the regulations.