31 CFR § 515.582 - Importation of certain goods and services produced by independent Cuban entrepreneurs.

Date issued: May. 29 2024

TURBOFAC Commentary (336 words)

Notes:

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.

***

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.