U.S. Regulations

Can I take my boat to Cuba? – YES!

OFAC regulations

OFAC has issued general licenses within the 12 categories of authorized travel for many travel- related transactions to, from, or within Cuba that previously required a specific license (i.e., an application and a case-by-case determination).

Travel-related transactions are permitted by general license for certain travel related to the following activities, subject to the criteria and conditions in each general license:

 Travel Authorized by Department of the Treasury, OFAC, 

The items listed below are self determined (“Self Permitted”). You do not need additional approval or review by anyone but yourself. However, you do have to be prepared to document and provide a legitimate justification if challenged. (You should maintain such documentation for a period of five years.)

  1. Family visits
  2. Official business of the U.S. government, foreign governments, and certain    intergovernmental organizations
  3. Journalistic activity
  4. Professional research and professional meetings
  5. Educational activities
  6. Religious activities
  7. Public performances, clinics, workshops, athletic and other competitions, and exhibitions
  8. Support for the Cuban people
  9. Humanitarian projects
  10. Activities of private foundationsor research or educational institutes
  11. Exportation, importation, or transmission of information or information materials
  12. Certain export transactions that may be considered for authorization under existing regulations and guidelines.

OFAC travel affidavit with allowed categories is available on the Forms page

Do travelers who fall within the scope of a general license need to submit a written request to OFAC for permission to travel or conduct transactions?

No. No further permission from OFAC is required to engage in transactions by a person who meets all criteria in a general license. Individuals wishing to engage in activities that may fall within the scope of a general license should review the relevant general licenses contained in the CACR to determine whether their travel-related transactions are covered by such general licenses. Persons subject to U.S. jurisdiction who wish to engage in any travel within the 12 categories of activities specified in the CACR that does not meet the requirements of a general license will need to apply for a specific license from OFAC.

The following information and regulations governing U.S. Flagged (registered) Vessels is extracted and developed from review of recently published documents by the Department of  the Treasury, Office of Foreign Assets Control (OFAC) and the Department of Commerce, Bureau of  Industry and Security (BIS).  U.S. recreational vessels (and Aircraft) that meet the following criteria are permitted (by exception) to transit to and from Cuba without further approval as a temporary sojourn. The purpose of the travel must meet travel authorized by the Treasury Department as identified. The vessel may not remain in that country for more than 14 consecutive days (aircraft are limited to 7 consecutive days)

Remember, Conditions apply to the 1.)Vessel;  2.)Crew;  and 3.) Duration of stay.

U.S. flagged vessels. A U.S. flagged vessel may depart from the United States under its own power for any destination, provided that:

  • The vessel does not depart for the purpose of sale, lease, or transfer of operational control of the vessel, or its equipment, parts, accessories, or components, to a foreign country or any national thereof;
  • The vessel’s U.S. flag will not be changed while abroad;
  • The vessel will not be used in any foreign military activity while abroad;
  • The vessel will not carry from the United States any item for which a license is required and has not been granted by the U.S. Government;
  • Spares for the vessel are not located in a destination in Country Group E:1 (see Supplement No. 1 to this part );
  • Technology is not transferred to a national of a destination in Country Group,  except the minimum necessary in-transit maintenance to perform servicing required to depart and enter a port safely;
  • The vessel does not bear the livery, colors, or logos of a national of a destination in Country

For further information contact OFAC at the link below

http://www.treasury.gov/resource-center/sanctions/Programs/Documents/cuba_faqs_new.pdf

Coast Guard Regulations

A vessel of the United States requires a permit from the United States Coast Guard to enter Cuban territorial waters (33 C.F.R. §107).  The attached form (CG-3300) must be submitted with complete information before a permit is granted.  Although the form has an expired date, the authorization to use it has been reinstated.

Paragraph four of the form requests OFAC and Commerce licenses.  If either license is not required, or a general license applies, please include a written certification explaining the situation.

Also, please allow a minimum of 2 weeks for approval and processing of the permit.

Coast Guard Application available Under Forms

 

 

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