§515.571 Certain transactions incident to travel to, from, and within the United States by Cuban nationals.
(a) Except as provided in paragraph (c) of this section, the following transactions by or on behalf of a Cuban national who is present in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S. government are authorized:
(1) All transactions ordinarily incident to travel between the United States and Cuba, including the importation into the United States of accompanied baggage for personal use. This paragraph (a)(1) does not apply to the importation into the United States of Cuban-origin alcohol or tobacco products;
(2) All transactions ordinarily incident to travel and maintenance within the United States, including the payment of living expenses and the acquisition of goods for personal consumption in the United States;
(3) All transactions on behalf of aircraft or vessels incident to flights or voyages between the United States and Cuba, provided that the carrier services are authorized pursuant to §515.572. This paragraph does not authorize the carriage of any merchandise into the United States except accompanied baggage;
(4) Normal banking transactions involving foreign currency drafts, travelers' checks, or other instruments negotiated incident to travel in the United States by any person under the authority of this section; and
(5) All transactions ordinarily incident to the Cuban national's presence in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S. government.
(i) This paragraph (a)(5) authorizes the receipt of salary or other compensation by a national of Cuba consistent with the individual's non-immigrant status or non-immigrant travel authorization, provided that national of Cuba is not subject to any special tax assessments by the Cuban government in connection with the receipt of the salary or other compensation.
(ii) Examples of other transactions authorized by this paragraph (a)(5) include: the payment of tuition to a U.S. educational institution by a national of Cuba issued a student (F-1) visa, and the rental of a stage by a group of Cubans issued performance (P-2) visas.
Note to paragraph (a)(5): This paragraph authorizes banking institutions, as defined in §515.314, to open and maintain accounts solely in the name of a Cuban national who is present in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization for use while the Cuban national is located in the United States in such status, and to close such accounts prior to departure. See paragraph (b) of this section for an authorization for banking institutions to maintain accounts opened pursuant to this paragraph while the Cuban national is located outside the United States.
Note to §515.571(a): This paragraph authorizes the provision or receipt of emergency medical services and making or receipt of payment related thereto.
(b) Maintenance of accounts opened pursuant to paragraph (a)(5) of this section while the Cuban-national account holder is located outside the United States is authorized, provided that the Cuban-national account holder may only access the account pursuant to paragraph (a)(5) of this section when the Cuban-national account holder is lawfully present in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S. government.
(c) Payments and transfers of credit in the United States from blocked accounts in domestic banking institutions held in the name of a Cuban national who is present in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S. government to or upon the order of such Cuban national are authorized, provided that such payments and transfers of credit are made only for the living, traveling, and similar personal expenses in the United States of such Cuban national or his or her family, or other transactions ordinarily incident to the Cuban national's presence in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S. government.
(d) This section does not authorize any transfer of property to Cuba, or, except as otherwise authorized in paragraph (b) of this section, any debit to a blocked account.
Note to §515.571: For the authorization of certain transactions by Cuban nationals who become U.S. citizens; are lawful permanent resident aliens of the United States; have applied to become a lawful permanent resident alien of the United States and have an adjustment of status application pending; or are lawfully present and intending to lawfully remain in the United States on a permanent basis, see §515.505 of this part.
(e) The following transactions by or on behalf of a Cuban national are authorized:
(1) All transactions related to the sponsorship or hiring of a Cuban national to work in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S. government, except that an employer may not make payments to the Cuban government in connection with the sponsorship or hiring of a Cuban national; and
(2) All transactions in connection with the filing of an application for non-immigrant travel authorization issued by the U.S. government.
[64 FR 25819, May 13, 1999, as amended at 68 FR 14148, Mar. 24, 2003; 69 FR 33773, June 16, 2004; 76 FR 5077, Jan. 28, 2011; 80 FR 2299, Jan. 16, 2015; 80 FR 56923, Sept. 21, 2015; 81 FR 13993, Mar. 16, 2016; 85 FR 60072, Sept. 24, 2020]
1) Compare the ITSR analogue to this provision (560.505), and comments thereto. Guidance letters interpreting 560.505 may be helpful in interpreting the scope of the term "transactions ordinarily incident to the Cuban national's presence in the United States in a non-immigrant status or pursuant to other non-immigrant travel authorization issued by the U.S. government." See e.g. Case No. IA-2019-364065-1, and comments thereto.
2) See FAQ # 745, FAQ # 746, and FAQ # 749.
3) Paragraph (d) appears to contain a typo. It reads "[t]his section does not authorize any transfer of property to Cuba, or, except as otherwise authorized in paragraph (b) of this section, any debit to a blocked account. Paragraph (c) authorizes debits to blocked accounts.
4) See FAQ # 717, clarifying that “OFAC considers ‘personal use’ of an imported item to include giving the item to another individual as a personal gift, but not the transfer of the item to another person for payment or other consideration.”
5) See Letter from OFAC to MLB, interpreting 515.571(e).
6) Provision amended on Sept. 24, 2020, to add the " Cuban-origin alcohol or tobacco products" exclusion to 515.571(a)(1).