774. May U.S. insurers issue policies and pay claims related to group health, life, and travel insurance on behalf of third-country nationals traveling to or within Cuba?
Yes, provided that the insurance policy is a global policy, and not specific to the third-country national’s travel to or within Cuba. Section 515.580 of the CACR authorizes persons subject to U.S. jurisdiction to issue or provide global health, life, or travel insurance policies for individuals ordinarily resident in a country outside of Cuba who travel to or within Cuba, regardless of whether the insurance policy is issued only to that individual or to a group, such as to all employees of a particular company. For instance, a U.S. insurer may pay medical claims pursuant to a group health insurance policy to or on behalf of a covered third-country national injured while traveling in Cuba. However, this provision does not...
1) Here, OFAC says that the insurance payout cannot relate to a policy "specific to the third-country nationals travel to or within Cuba." This is an interpretation of the scope of 515.580, as it is limited to "global" coverage only.
Query how OFAC handles the question of a policy issued for Cuba-specific travel to a person not subject to U.S. jurisdiction that is travelling from a third country to Cuba for one of the reasons specified in 515.560. It is not obvious whether insurance activities other than those explicit in 515.580 may be authorized by 515.421 (transactions ordinarily incident to licensed transactions), which was issued subsequent to 515.580. To the extent that the answer is "no," it is not clear how that result can be squared with OFAC's apparent interpretations of 515.572(a)(2) as they relate to travel to Cuba by...