§515.585 Certain transactions in third countries.
(a) Persons subject to U.S. jurisdiction are authorized to provide goods and services to a Cuban national located in a third country who is an individual, provided that the transaction does not involve a commercial exportation, directly or indirectly, of goods or services to or from Cuba.
(b)(1) Opening and maintaining bank accounts. Banking institutions, as defined in §515.314, are authorized to open and maintain accounts, including the deposit of funds in such accounts by wire transfer, for a Cuban national located in a third country who is an individual, provided that such accounts are used only while the Cuban national is located outside of Cuba and may not be used for transactions that involve a commercial exportation of goods or services to or from Cuba.
(2) Closing bank accounts. Banking institutions, as defined in §515.314, are authorized to close...
1) 515.585(a): Because the CACR prohibits all transactions involving dealing in property in which a Cuban national has an interest, OFAC does not take the interpretation it does in other embargo programs in which providing a service to a non-blocked citizen ordinarily resident a sanctioned country in a third country constitutes an "export" of a service to that country. Accordingly, OFAC is not referring to a "commercial exportation" to Cuba in that sense of the term "export." That language appears aimed at catching indirect dealings with persons or entities actually physically in Cuba. To the extent that a Cuban national that doesn't otherwise qualify for unblocking purchased U.S. goods abroad with intent of taking them back to Cuba, the initial transfer to the Cuban national would be prohibited, but it is not clear what sort of diligence, if any,...