Comprehensive Guidelines for License Applications To Engage In Travel Related Transactions Involving Cuba Section from the new Guidelines on Applying for People to People Educational Exchange Licenses

Pursuant to section 515.565(b) (2), OFAC may issue a specific license to an organization that sponsors and organizes programs to promote people-to-people contact authorizing the organization and individuals traveling under its auspices to engage in educational exchanges not involving academic study pursuant to a degree program. In general, licenses issued pursuant to this policy will be valid for one year and will contain no limitation on the number of trips.

If your organization wishes to apply for a license pursuant to section 515.565(b)(2), it must provide the following information in a letter to OFAC or use OFAC’s online application letter (see below):

1. Identify your organization. Provide the name and address of your organization and include the name and phone and phone number of the organization’s contact responsible for the application and for ensuring compliance with the terms of the license once issued.

2. Identify the type of travel. State that your organization requests a specific license pursuant to section 515.565(b)(2) of the Regulations to engage in educational exchanges.

3. Provide information about your organization. Provide information that illustrates how your organization sponsors and organizes educational exchanges not involving academic study pursuant to a degree program and for the purpose of promoting people-to-people contact.

4. Provide and describe examples of activities. Provide a list of the types of activities to be engaged in by individuals traveling under your program(s). Also provide a few detailed examples of those activities and explaination on how those activities would result in meaningful interaction between the U.S. travelers and individuals in Cuba.

5. Provide a certification that:
a. Each traveler will have a full-time schedule of educational exchange activities that will result in meaningful interaction between the travelers and individuals in Cuba; and
b. The predominant portion of the activities to be engaged in by individuals traveling under your programs will not be with individuals or entities acting for or on behalf of a prohibited official of the Government of Cuba, as defined in 31 C.F.R. 515.337, or a prohibited member of the Cuban Communist Party, as defined by 31 C.F.R. 515.338.

6. Extensions and Renewals. When applying for an extension or renewal of a license, be sure to reference the license number in your application and include the following:
a. An explanation of why an extension or renewal is necessary;
b. A detailed report setting forth a record of all activities undertaken pursuant to the license and any amendments. The report should include a detailed description of each activity, the dates of travel of each trip and the number of individuals that traveled on each trip; and
c. A complete copy of the license and any license amendments.

7. Sign your letter. Your signature is your certification that the statements in your application are true and accurate.

See OFAC website for complete Report: http://www.treasury.gov/resource-center/sanctions/Programs/Documents/cuba_tr_app.pdf

Potentially licensable under the current policy:
Example: An organization wishes to sponsor and organize trips for individuals to learn side-byside with Cuban individuals in such areas as environmental protection or the arts.

Normally not licensable under current policy:
Example 1: An organization wishes to sponsor and organize trips to Cuba in which travelers engage in individually-selected and/or self-directed activities. Authorized trips are expected to be led by the licensed organization and to have a full-time schedule of activities in which the travelers will participate.

Example 2: An organization wishes to sponsor and organize trips to Cuba in which travelers only attend large lectures or otherwise engage in a schedule of activities that do not involve interaction with Cuban individuals.

To use the online form process, go to: http://cubatravel.ofac.treas.gov/

Mailing address:
Applications for specific licenses under this category should be submitted to:Licensing Division
Office of Foreign Assets Control
U.S. Department of the Treasury
1500 Pennsylvania Avenue N.W.
Washington D.C. 20220
Tel: 202/622/2480

Website address: http://www.treasury.gov/resource-center/sanctions/Programs/pages/cuba.aspx

Source

-Marazul Charters

-June 3 2011