785. What types of internet-based services are authorized under general license?
The general license at 31 CFR § 515.578 authorizes the provision of certain services incident to the exchange of communications over the internet, services to support the exchange of communications over the internet, and services related to certain authorized exports or reexports. Transactions incident to providing internet-based communications services, such as instant messaging, chat and email, social networking, sharing of photos and movies, web browsing, blogging, web hosting provided that it is not for the promotion of tourism, domain-name registration, social media platforms, collaboration platforms, video conferencing, e-gaming and e-learning platforms, automated translation, web maps, and user authentications services, as well as services to support the exchange of communications over the internet, such as software design, business consulting, information technology management services, and cloud-based services (including remote data storage, data transport service, content distribution networks, virtual machines, software-as-a-service, and infrastructure-as-a-service), are authorized in most circumstances, see FAQs 1174 and 1176. Note that 31 CFR § 515.578(a)(ii) authorizes the provision of cloud-based services only if such services support the exchange of communications over the internet (e.g., the sharing of photos using the cloud). Similarly, section 515.578(a)(i) of the CACR only authorizes the provision of internet-based services when incident to the exchange of communications over the internet.
Services related to many kinds of software (including applications) used on personal computers, cell phones, and other personal communications devices are also authorized, along with other services related to the use of such devices.
Additionally, services, including training, installation, repair, or replacement of items related to communications, or items used to develop software that improves the free flow of information or will support private sector activities in Cuba that are licensed or otherwise authorized by the Department of Commerce for exportation or reexportation to Cuba, are also authorized by OFAC. Finally, the importation into the United States, as well as the exportation or reexportation from the United States to third countries, of Cuban-origin software and Cuban-origin mobile applications is also authorized. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.578. See FAQ 1175 for additional information on authorized application programming interfaces.
Updated: May 28, 2024
Date Released
September 6, 2019
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785. What types of internet-based services are authorized under general license?
Persons subject to U.S. jurisdiction may provide certain services incident to internet-based communications and related to certain authorized exportations and reexportations of communications items. For example, transactions incident to providing fee-based internet communications services such as e-mail or other messaging platforms, social networking, VOIP, web-hosting, or domain-name registration are authorized in most circumstances. Services related to many kinds of software (including applications) used on personal computers, cell phones, and other personal communications devices are also authorized, along with other services related to the use of such devices. Finally, services such as cloud storage, software design, business consulting, and the provision of IT management and support related to use of hardware and software exported or reexported to Cuba pursuant to the Commerce Department’s License Exception Consumer Communications Device (CCD) authorization or commodities or software used to develop software exported or reexported to Cuba pursuant to the Commerce Department’s License Exception Support for the Cuban People (SCP) is permitted. For a complete description of what this general license authorizes and the restrictions that apply, see 31 CFR § 515.578. [09-06-2019]
1) On 5-28-24, this FAQ was amended to reflect substantial changes to 515.578. Read this FAQ in conjunction with 515.578 and comments thereto.
2) The FAQ is notable for clarifying that “cloud-based services” to “support the exchange of communications over the internet” would include “remote data storage, data transport service, content distribution networks, virtual machines, software-as-a-service, and infrastructure-as-a-service”. This FAQ is important guidance for 515.578, and has significant implications for 560.540 of the ITSR, where certain “cloud-based services” are likewise authorized but there is no description of what such services might entail. See also FAQ # 1175 (guidance duplicated).
3) OFAC says “Services related to many kinds of software (including applications) used on personal computers, cell phones, and other personal communications devices are also authorized, along with other services related to the use of such devices.” This is presumably intended to be guidance clarifying the scope of 515.587(a)(1)(ii), which is vague as written, and remains vague not withstanding this guidance.
4) The previous version of this FAQ specified that “the provision of IT management and support related to use of hardware and software exported or reexported to Cuba” is covered by the GL. That language does not appear in the regulations themselves or in other guidance.
* For comments on the scope of “communications”-related GLs in general, see section 5 of General Note on Prohibitions, Licenses and Exemptions as Applied to Social Media and Other Communications-Related Internet Services and Software (System Ed. Note).