§515.573 Physical presence and business presence in Cuba authorized; Cuban news bureaus.
(a) Physical presence: The persons listed in paragraphs (c) and (d) of this section are authorized to engage in all transactions necessary to establish and maintain a physical presence in Cuba to engage in transactions authorized pursuant to or exempt from the prohibitions of this part, including the following:
(1) Leasing physical premises, including office, warehouse, classroom, or retail outlet space, and securing related goods and services, including for use in and to pay fees related to the operation of the physical premises;
(2) Marketing related to the physical presence;
(3) Employment of Cuban nationals in Cuba; and
(4) Employment of individuals who are persons subject to U.S. jurisdiction.
Note to paragraph (a)(4): Individuals who are employed pursuant to §515.573(a)(4) are authorized to engage in all transactions necessary to establish domicile in Cuba, including accessing U.S. assets, for the duration of their employment.
(5)(i) Opening and maintaining bank accounts at Cuban financial institutions to engage in authorized transactions. The opening and maintenance of accounts, including the deposit of funds in such accounts by wire transfer, at a financial institution in Cuba, provided that such accounts are used only for transactions authorized pursuant to, or exempt from, this part.
(ii) Closing bank accounts. The closing of an account opened pursuant to the authorization in paragraph (a)(5)(i) of this section, provided that any transfer of funds may only be effected by wire transfer to an account maintained at a depository institution, as defined in §515.333, that is a person subject to U.S. jurisdiction.
Note to paragraph (a): Physical presence includes through a local representative, including an employee or contractor.
(b) Business presence. Except for transactions prohibited by §515.208, the persons listed in paragraph (c) of this section are authorized to engage in all transactions necessary to establish and maintain a business presence in Cuba to engage in transactions authorized pursuant to or exempt from the prohibitions of this part, including the following: establishing and maintaining subsidiaries, branches, offices, joint ventures, franchises, and agency or other business relationships with any Cuban national, and entering into all necessary agreements or arrangements with such entity or individual.
(c) Persons authorized to establish physical and business presence. The following persons subject to U.S. jurisdiction may engage in the transactions authorized pursuant to paragraphs (a) and (b) of this section, provided that such transactions may only be engaged in to support transactions authorized by or exempt from the prohibitions of this part:
(1) Providers of telecommunications services authorized by §515.542(b) through (d) or persons engaged in activities authorized by §515.542(e);
(2) Providers of internet based services authorized by §515.578(a) or persons engaged in activities authorized by §515.578(c) or (e);
(3) Exporters of goods authorized for export or reexport to Cuba by §515.533 or §515.559 or that are otherwise exempt;
Note to paragraph (c)(3): This section authorizes the assembly in Cuba of items exported or reexported pursuant to authorization by the Department of Commerce or OFAC or that are otherwise exempt but does not authorize the incorporation of Cuban-origin goods into items assembled pursuant to this section or the processing of raw materials into finished goods in Cuba.
(4) Entities providing mail or parcel transmission services authorized by §515.542(a) or providing cargo transportation services in connection with trade involving Cuba authorized by or exempt from the prohibitions of this part; and
(5) Providers of travel and carrier services authorized by §515.572.
Note to paragraph (c)(5): This authorization does not allow persons subject to U.S. jurisdiction to establish a physical or business presence in Cuba for the purpose of providing lodging services in Cuba.
(d) Persons authorized to establish physical presence. The following persons subject to U.S. jurisdiction may engage in the transactions authorized pursuant to paragraph (a) of this section, provided that such transactions may only be engaged in to support transactions authorized by or exempt from the prohibitions of this part:
(1) News bureaus whose primary purpose is the gathering and dissemination of news to the general public authorized by paragraph (e) of this section;
(2) Entities organizing or conducting educational activities authorized by §515.565(a);
(3) Religious organizations engaging in religious activities in Cuba authorized by §515.566;
(4) Entities engaging in non-commercial activities authorized by §515.574 (Support for the Cuban People);
(5) Entities engaging in humanitarian projects set forth in §515.575(b) (Humanitarian projects); and
(6) Private foundations or research or educational institutes engaging in transactions authorized by §515.576.
(e) News bureaus. (1) All transactions in Cuba related to the gathering and dissemination of news to the general public are authorized.
(2) Specific licenses may be issued authorizing transactions necessary for the establishment and operation of news bureaus in the United States by Cuban organizations whose primary purpose is the gathering and dissemination of news to the general public.
(f) Certain direct financial transactions restricted. (1) Nothing in paragraph (c)(3) of this section, with the exception of transactions related to exports or reexports of agricultural commodities, medicines or medical supplies, items associated with the provision of telecommunications and internet services for the Cuban people, or items associated with air and sea operations that support permissible travel, cargo, or trade, authorizes a direct financial transaction prohibited by §515.209. Nothing in paragraph (c)(5) of this section, with the exception of transactions concerning air and sea operations that support permissible travel, cargo, or trade, authorizes a direct financial transaction prohibited by §515.209.
(2) Nothing in paragraph (d)(2), (3), or (6) of this section authorizes a direct financial transaction prohibited by §515.209.
Note to §515.573: The export or reexport to Cuba of items subject to the Export Administration Regulations (15 CFR parts 730 through 774) may require separate authorization from the Department of Commerce.
[80 FR 56924, Sept. 21, 2015, as amended at 81 FR 13993, Mar. 16, 2016; 82 FR 52003, Nov. 9, 2017]
1) (515.573(a)): Provision subject to limited publicly available guidance/interpretation by OFAC. The term "including the following" (515.573(a)) presumably varies according to the sorts of activities ordinarily carried out by those in the relevant business.
2) (515.573(b)): As noted in the comments to 515.208, the carve out of 515.208 in subsection (b) applies across all CACR GLs.
3) (515.573(c)(3)): Query whether this subsection permits sales of items authorized for export or reexport to Cuba by 515.533 or 515.559 that are then sold for the specific purpose, or with reason to know, that such goods will be incorporated into or have Cuban-origin goods incorporated into them.
4) (515.573(c)(5)): "[F]or the purpose of" is unclear in scope; presumably means that Airbnb cannot establish a physical presence in Cuba, but travel providers that dealing lodging and other travel services, e.g. transportation and car rental, are probably treated differently.
5) (515.573(d)): The scope of "physical presence" (subsection a) to the exclusion of "business presence" (subsection b) is somewhat uncertain as both lists are open ("including the following"). Presumably entities qualifying for 515.573(d) are excluded from the specific types of relationships with Cuban nationals listed in subsection (b).
6) FAQ # 799 states that purchases of real property are authorized within the scope of this GL, even for U.S. person employees domiciled in Cuba.
See also Cuba FAQs categorized as dealing with 515.573, and comments thereto.