OFAC FAQ (Current) FAQ # 777 - Cuba-related: Trade/Business

Date issued: Sep. 23 2020

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TURBOFAC Commentary (437 words)

Notes:

1) Compare FAQ # 764, and comment thereto, addressing the relationship between training, 515.533 and 515.421. In that case, OFAC found "training" within the scope of the "ordinarily incident" [to the authorized export] in 515.533, but where that same activity appears to generally be considered outside the scope of the default, cross-programmatic "ordinarily incident" interpretive provision (515.421).

Here, OFAC refers to 515.533 in connection with cargo insurance.

Note 1 to paragraph [515.533](a): says "[t]he transactions authorized by this paragraph include all transactions that are directly incident to the shipping of specific exports or reexports (e.g., insurance and transportation of the exports to Cuba)."

But the context is one in which, in other cases, the same sort of insurance-related activity has been found to fall within the scope of the default "ordinarily incident"...