U.S. Sanctions Target Cuba’s Military Regime, Elites (Press Statement)

Date issued: May. 07 2026

TURBOFAC Commentary (216 words)

Notes:

1) This is the first designation notice issued under EO 14404. While it does not include designations that would qualify as “secondary sanctions” enforcement actions as described in Introductory Note Common to all Derivative Designation Notices ("De Facto" Secondary Sanctions) Included in the Research System (System Ed. Note)), the notice is nonetheless notable insofar as the “Sanctions Implications” section appears to signal that the targeting risk under the EO is concentrated in “engag[ing] in transactions with persons designated pursuant to E.O. 14404 – or [] operat[ing] in the energy, defense and related materiel, metals and mining, financial services, or security sector of the Cuban economy, as identified in E.O. 14404.” Strictly speaking, any transaction involving the provision of goods or services to a “Government of Cuba” person is sanctionable under the material support provision in EO 14404, and a significant question is whether and to what extent OFAC intends on using that provision as a quasi secondary sanctions provision (as it intends to do with “operating in”), and to what extent it intend on using it to target GoC entities themselves and otherwise “nefarious” conduct. See generally General Note on Secondary Sanctions and “Derivative Designation” Criteria; Identification of the Gap Between the Theoretical and Practical Scopes of Authorities Targeting Transactions with no U.S. Nexus; Enforcement Risk Management.