OFAC FAQ (Current) FAQ # 802 - Cuba-related: Miscellaneous

Date issued: Sep. 06 2019

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TURBOFAC Commentary (1516 words)

Notes:

1) In general, OFAC does not generally or specifically authorize transactions that are exempt from regulation, because doing so implies that OFAC has jurisdiction over the transactions to begin with. General Note on the terms "Exempt," "Authorized," "Licensed," "Prohibited, "Not Prohibited" and "Sanctionable" (System Ed. Note).

Occasionally, OFAC will issue GLs that have a scope partially covering exempt transactions, and partially covering transactions for which a license is required, without explaining that the GL covers some exempt activity. Sometimes (but not always) the GL explicitly "authorizes" transactions to the extent that they are not otherwise exempt from regulation (see e.g. Iran GL D-1).

515.542(a) is one such GL, but this is not evident from the text. It provides that:

"[a]ll transactions, including payments, incident to the receipt or transmission of mail and parcels between the United States...