OFAC FAQ (Current) FAQ # 786 - Cuba-related: Telecommunications

Date issued: Sep. 06 2019

TURBOFAC Commentary (169 words)

Notes:

1) See https://en.wikipedia.org/wiki/Peering. FAQ appears to interpret "peering," which is conceptually distinct from "roaming," as "incident to the provision of telecommunications services related to the transmission or the receipt of telecommunications involving Cuba," within the meaning of 515.542(b). Query whether this interpretation applies to 560.508 (ITSR) and other telecom-based GLs as well.

515.542(b) provides as follows:

All transactions, including payments, incident to the provision of telecommunications services related to the transmission or the receipt of telecommunications involving Cuba, including the entry into and performance under roaming service agreements with telecommunications services providers in Cuba, by persons subject to U.S. jurisdiction are authorized.

The typical telecom GL contains the same substance, but does not say "including the entry into and performance under roaming service agreements with telecommunications services providers." In this case, the "parenthetical clause beginning with "including" appears to clarify the scope of the first clause, not to add additional substance to the GL. This suggests that the FAQ applies to other telecom GLs.