Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.
Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).
Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category).
Please contact [email protected] or [email protected] with any questions on search results and efficiency.
Please click "Apply Text String Filters" again after clicking the "Close" button immediately below.
Provision amended effective 5-29-24 to change the reference in the heading from “independent Cuban entrepreneurs” to “independent private sector entrepreneurs” and to add the cross-reference to 515.340 in the body of the provision. Note that “independent Cuban entrepreneurs, as defined in § 515.340” is now a typo, since “independent Cuban entrepreneurs” is not a defined term. OFAC presumably means “independent private sector entrepreneur, as defined in § 515.340”.
Except for (4), the comments below the asterisks have not yet been amended in light of the 5-29-24 CACR amendments.
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Further information provided at:
1) The State Department's Section 515.582 List: (https://www.state.gov/e/eb/tfs/spi/cuba/515582/237471.htm),
2) FACT SHEET: U.S. Department of State Section 515.582 List: (https://www.state.gov/e/eb/tfs/spi/cuba/515582/237473.htm),
3) CBP Public Notice on Process for Imports from Cuba: (https://www.cbp.gov/trade/basic-import-export/cbp-public-notice-process-imports-cuba).
4) FAQ # 770, FAQ 1178 and FAQ 731.
The first link (last accessed January, 2019) refers to "evidence that demonstrates that the entrepreneur is a private entity that is not owned or controlled in whole or in part by the Cuban government."
The second link refers to "documentary evidence that demonstrates the entrepreneur’s independent status, such as a copy of a license to be self-employed issued by the Cuban government or, in the case of an entity, evidence that demonstrates that the entrepreneur is a private entity that is not owned or controlled by the Cuban government"
It is unclear, from the guidance available, whether any degree of direct or indirect government ownership in a given entity would be sufficient to have it excluded from the scope of "independent Cuban entrepreneur."
5) The relationship between this GL and 515.559 is somewhat unclear. On its face, it would appear as though the GL does permit imports of “Cuban origin goods” into third countries by U.S.-owned or -controlled foreign entities. Contrast 515.578(d) and (e), which are limited to importations into the United States.