§515.566 Religious activities in Cuba.
(a) General license. Persons subject to U.S. jurisdiction, including religious organizations located in the United States and members and staff of such organizations, are authorized to engage in the travel-related transactions set forth in §515.560(c) and such additional transactions as are directly incident to engaging in religious activities in Cuba, provided that the travel-related transactions pursuant to this authorization must be for the purpose of engaging, while in Cuba, in a full-time schedule of religious activities. Nothing in this paragraph (a) authorizes a direct or indirect financial transaction prohibited by §515.209, or the lodging, paying for lodging, or making any reservation for or on behalf of a third party to lodge, at any property on the Cuba Prohibited Accommodations List to the extent prohibited by §515.210.
Note to §515.566(a): Each person relying on the general authorization in this paragraph must retain specific records related to the authorized travel transactions. See §§501.601 and 501.602 of this chapter for applicable recordkeeping and reporting requirements.
(b) Financial and material donations to Cuba or Cuban nationals are not authorized by this section.
Note to §515.566(b): See §515.570 regarding authorized remittances to religious organizations in Cuba and for other purposes. See §515.533 regarding the exportation of items from the United States to Cuba.
(c) Specific licenses. Specific licenses may be issued on a case-by-case basis authorizing the travel-related transactions set forth in §515.560(c) and such other transactions as are related to religious activities that do not qualify for the general license under paragraph (a) of this section.
Note to §515.566: See §515.573 for an authorization permitting religious organizations engaging in activities authorized pursuant to this section to establish a physical presence in Cuba, including an authorization to open and maintain accounts at Cuban financial institutions.
[80 FR 2297, Jan. 16, 2015, as amended at 80 FR 56923, Sept. 21, 2015; 82 FR 52003, Nov. 9, 2017; 85 FR 60071, Sept. 24, 2020]
[9-30-26 update – provision amended to implement changes expanding the prohibition at 515.209 to “direct or indirect financial transactions”, rather than just “direct” financial transactions].
1) See FAQ # 705.
2) For guidance on the notion of consistency with a "full-time schedule," see Letter from Treasury to Rep. Diaz-Balart re: SCP Cuba Travel; FAQ # 711 and "Prepaid Tourist Packages are Prohibited" (2001 guidance), and comments thereto.
3) Provision amended on 9-24-2020 to account for the addition of 515.210 to the CACR.
4) In Comprehensive Guidelines for License Applications to Engage in Travel-Related Transactions Involving Cuba (2004-2015), OFAC advanced interpretations of a previous version of 515.566(a) that appear to be of significance for the purposes of interpreting the current version of 515.566(a). At the time of the last revision of the “Comprehensive Guidelines” (prior to their 2015 removal following a major overhaul of the CACR travel GLs), 515.566 provided as follows:
§ 515.566 Religious activities in Cuba.
(a) General license. Religious organizations located in the United States, including members and staff of such organizations, are authorized to engage in the travel-related transactions set forth in § 515.560(c) and such additional transactions as are directly incident to religious activities in Cuba under the auspices of the organization. Travel-related transactions pursuant to this authorization must be for the purpose of engaging, while in Cuba, in a full-time program of religious activities. Financial and material donations to Cuba or Cuban nationals are not authorized by this paragraph (a). All individuals who engage in transactions in which Cuba or Cuban nationals have an interest (including travel-related transactions) pursuant to this paragraph (a) must carry with them a letter on official letterhead, signed by a designated representative of the U.S. religious organization, confirming that they are members or staff of the organization and are traveling to Cuba to engage in religious activities under the auspices of the organization.
[…]
(b) Specific licenses. Specific licenses may be issued on a case-by-case basis authorizing the travel-related transactions set forth in § 515.560(c) and other transactions that are directly incident to religious activities not authorized by the general license contained in paragraph (a) of this section. The application for the specific license must set forth examples of religious activities to be undertaken in Cuba. Specific licenses may be issued pursuant to this section authorizing transactions for multiple trips over an extended period of time to engage in a full-time program of religious activities in Cuba.
[…]
See https://www.govinfo.gov/content/pkg/CFR-2014-title31-vol3/xml/CFR-2014-title31-vol3-part515.xml.
As it relates to the general license at 515.566(a), the version active as of 1/2022 is broader the 2014 version in that the travel authorization applies to all “persons,” and need not be “under the auspices of” a “[r]eligious organization.” There were also documentary proof requirements in the previous version of the GL that no longer apply. In the “Comprehensive Guidelines” document, OFAC gave the following notable “examples” of travel within the scope of the GL at 515.563(a) (2014):
Example 1: A religious organization wishes to organize a trip to Cuba for its members for the purpose of assisting in restoring a church building and attending services there.
Example 2: A religious organization wishes to send its members to Cuba to teach in its Cuban counterpart’s religious school and to transfer funds to its Cuban counterpart. The transfer of funds to a counterpart religious organization in Cuba to support its religious activities is separately authorized pursuant to the general license set forth in section 515.570(c).
Example 3: Members of a U.S. ministry wish to attend worship services and ecclesiastical ceremonies in Cuba, meet with congregations to encourage support and growth in the church, and provide consultation and assistance for future church construction.
The above are all presumably authorized by the current version of 515.566(a). Also of note, OFAC gave the following example of “Potentially licensable” travel under the specific licensing policy at 515.566(b) (2014).
Example: An evangelist seeks to travel to Cuba to give a sermon to a congregation of a certain denomination in Cuba. The travel is limited to the time necessary to constitute a full-time program to participate in the service and participate in meetings with the congregation.
That example would presumably qualify for the current GL, as it applies to individuals (rather than “organizations”).
Note the following example of activity “Normally not licensable under [then-]current policy”
Example 1: A couple living on their sailboat seeks to travel to Cuba and live on their boat for an undefined period of time in order to hand out bibles and preach the gospel to whomever will listen. Absent a record of similar prior experience and a full-time program of religious activities over a specified period of time, this activity does not qualify for a specific license.
Query: would this qualify under the current GL? The “record of prior experience” may have been essential for OFAC to exercise its discretion under the old specific licensing policy to issue a specific license, but it is not an element of the current GL, as the GL applies to individuals (rather than organization). OFAC appears to recognize here that the travel by the couple is, in principle, "directly incident to religious activities".