Cuba
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Contents
US
OFAC
May 11, 2012 – Update of Comprehensive Guidelines for License Applications to Engage in Travel-Related Transactions Involving Cuba
OFAC updated its Comprehensive Guidelines for License Applications to Engage in Travel-Related Transactions Involving Cuba (the “Application Guidelines”) to reflect changes made to the licensing criteria set forth in the section of the Application Guidelines pertaining to educational exchanges not involving academic study pursuant to a degree program (also known as people-to-people exchanges)(31 CFR Part 515, Section 515.565(b)(2)). The Application Guidelines are intended to assist persons who wish to engage in travel-related transactions involving Cuba in making their own determinations as to whether their activities are authorized by a general license (in which case no specific license from OFAC is needed), or their activities could be authorized by a specific license from OFAC (in which case an application is required).
September 13, 2011 – President Obama continues sanctions on Cuba under Trading With Enemy Act for additional year.
MEMORANDUM FOR THE SECRETARY OF STATE & THE SECRETARY OF THE TREASURY
SUBJECT: Continuation of the Exercise of Certain Authorities Under the Trading With the Enemy Act
Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App. 5(b) note), and a previous determination on September 2, 2010 (75 FR 54459, September 7, 2010), the exercise of certain authorities under the Trading With the Enemy Act is scheduled to terminate on September 14, 2011.
I hereby determine that the continuation for 1 year of the exercise of those authorities with respect to Cuba is in the national interest of the United States.
Therefore, consistent with the authority vested in me by section 101(b) of Public Law 95-223, I continue for 1 year, until September 14, 2012, the exercise of those authorities with respect to Cuba, as implemented by the Cuban Assets Control Regulations, 31 C.F.R. Part 515.
The Secretary of the Treasury is authorized and directed to publish this determination in the Federal Register.
BARACK OBAMA
The White House TWEA Memorandum on Cuba
June 30, 2011 – Updated OFAC Sanctions 31 CFR Chapter V The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is amending 31 CFR chapter V to replace the list of persons (which includes individuals and entities) with whom transactions and dealings are prohibited by the various economic sanctions programs administered by OFAC that appears at Appendix A to 31 CFR chapter V with information on how to obtain up-to-date lists of such persons on OFAC’s Web site or by other means.
OFAC also is removing Appendix B to 31 CFR chapter V, which includes the names of certain blocked vessels. In addition, OFAC is amending its regulations for a number of the sanctions programs it administers to revise references to Appendix A and to remove references to Appendix B.
Finally, OFAC is amending the Iranian Transactions Regulations, by republishing in alphabetical order the entire list of persons identified in Appendix A to 31 CFR Part 560, to reflect changes to the list since that appendix was last published. Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Rules and Regulations
515 – CUBA – SDN List + Please refer to the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List (‘‘SDN List’’) for a non-exhaustive listing of persons determined to fall within this definition, whose property and interests in property therefore are blocked pursuant to this part.
January 28, 2011 – Department of the Treasury – Office of Foreign Assets Control – 31 CFR Part 515 Cuban Assets Control Regulations – The Department of the Treasury’s Office of Foreign Assets Control (‘‘OFAC’’) is amending the Cuban Assets Control Regulations to continue efforts to reach out to the Cuban people in support of their desire to freely determine their country’s future. These amendments implement policy changes announced by the President on January 14, 2011, designed to increase people-to-people contact, support civil society in Cuba, enhance the free flow of information to, from, and among the Cuban people, and help promote their independence from Cuban authorities. To implement these policy changes, OFAC is taking steps that build upon the President’s April 2009 initiative to, among other things, allow for greater licensing of travel to Cuba for educational, cultural, religious, and journalistic activities and expand licensing of remittances to Cuba. These amendments also modify regulations regarding authorization of transactions with Cuban national individuals who have taken up permanent residence outside of Cuba, as well as implement certain technical and conforming changes. Federal Register / Vol. 76, No. 19 / Friday, January 28, 2011 / Rules and Regulations
In addition to the prohibitions on exports to and imports from Cuba, the Regulations prohibit any person subject to U.S. jurisdiction from virtually any dealings in which Cuba or a Cuban national has an interest. OFAC – Cuba
FinCen
Cuba has not committed to the AML/CFT international standards, nor has it constructively engaged with the FATF. The FATF has identified Cuba as having strategic AML/CFT deficiencies that pose a risk to the international financial system. The FATF urges Cuba to develop an AML/CFT regime in line with international standards, and is ready to work with the Cuban authorities to this end.
ITAR
ITAR Based sanctions, see chapter on ITAR for more detailed information
- Covers military items (“munitions” or “defense articles”), including goods and technology designed to kill people or defend against death in a military setting
- Includes most space-related technology because of missile technology application. Includes technical data related to defense articles and services (furnishing assistance including design and use of defense articles)
- Purpose is to ensure U.S. security – no balancing of commercial or research objectives
- December 6, 1984 – 49 FR 47682
FATF Warning List
February 22, 2013 – As part of its on-going review of compliance with the AML/CFT standards, the FATF has to date identified the following jurisdiction (Cuba) which has strategic AML/CFT deficiencies for which it has developed an action plan with the FATF. Cuba has provided a written high-level political commitment to address the identified deficiencies. The FATF welcomes these commitments.
Note: Strategic Deficiencies Require Enhanced Due Diligence
The FATF calls on Cuba to complete the implementation of action plans expeditiously and within the proposed timeframes. The FATF will closely monitor the implementation of these action plans and encourages its members to consider the information presented in the link.
October 19, 2012 – The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from ML/FT risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system.
As part of its ongoing review of compliance with the AML/CFT standards, the FATF has identified that this jurisdictions (Cuba) has strategic AML/CFT deficiencies for which it has developed an action plan with the FATF.
NOTE-1: Strategic deficiencies require Enhanced Due Diligence
NOTE-2: FATF members and other jurisdictions should apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions Iran and North Korea.
The FATF and the FSRBs will continue to work with this jurisdiction and to report on the progress made in addressing the identified deficiencies. The FATF calls on the jurisdiction to complete the implementation of action plans expeditiously and within the proposed time frames. All member states should treat this jurisdiction (Cuba) with vigilance FATF Public Statement – October 19, 2012
June 22, 2012 – The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from ML/FT risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system.
As part of its ongoing review of compliance with the AML/CFT standards, the FATF has identified that this jurisdictions (Cuba) has strategic AML/CFT deficiencies for which it has developed an action plan with the FATF.
NOTE-1: Strategic deficiencies require Enhanced Due Diligence
NOTE-2: FATF members and other jurisdictions should apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions Iran and North Korea.
The FATF and the FSRBs will continue to work with this jurisdiction and to report on the progress made in addressing the identified deficiencies. The FATF calls on the jurisdiction to complete the implementation of action plans expeditiously and within the proposed time frames. All member states should treat this jurisdiction (Cuba) with vigilance FATF Public Statement – June 22, 2012
February 16, 2012 – The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from ML/FT risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system.
As part of its ongoing review of compliance with the AML/CFT standards, the FATF has identified that this jurisdictions (Cuba) has strategic AML/CFT deficiencies for which it has developed an action plan with the FATF.
NOTE-1: Strategic deficiencies require Enhanced Due Diligence
NOTE-2: FATF members and other jurisdictions should apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions Iran and North Korea.
The FATF and the FSRBs will continue to work with this jurisdiction and to report on the progress made in addressing the identified deficiencies. The FATF calls on the jurisdiction to complete the implementation of action plans expeditiously and within the proposed time frames. All member states should treat this jurisdiction (Cuba) with vigilance FATF Public Statement – February 16, 2012
28 October 2011 – The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from ML/FT risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system.
As part of its ongoing review of compliance with the AML/CFT standards, the FATF has identified that this jurisdictions (Cuba) has strategic AML/CFT deficiencies for which it has developed an action plan with the FATF.
NOTE-1: Strategic deficiencies require Enhanced Due Diligence
NOTE-2: FATF members and other jurisdictions should apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions Iran and North Korea.
The FATF and the FSRBs will continue to work with this jurisdiction and to report on the progress made in addressing the identified deficiencies. The FATF calls on the jurisdiction to complete the implementation of action plans expeditiously and within the proposed time frames. All member states should treat this jurisdiction (Cuba) with vigilance FATF Public Statement – October 28, 2011
US FinCen – AML/CFT Deficiencies Warning List
November 15, 2011 – FinCen adopted the Financial Action Task Force Public Statement on Anti-Money Laundering and Counter-Terrorist Financing Risks and FinCen provided guidance on the subject. More detailed information FIN-2011-A014 and FIN-2011-A015
Singapore MAS – AML/CFT Deficiencies Warning List
On 28 Oct 2011, the Financial Action Task Force (FATF), of which Singapore is a member, issued an updated statement that highlighted the strategic deficiencies in the anti-money laundering/combating the financing of terrorism (AML/CFT) regimes of Nigeria and Sao Tome & Principe, in addition to the previously announced regimes of Bolivia, Cuba, Democratic People’s Republic of Korea (DPRK), Ethiopia, Iran, Kenya, Myanmar, Sri Lanka, Syria and Turkey. The text of the FATF statement can be found at: FATF Statement
Financial institutions are advised to accord due consideration to the above FATF statement and take the appropriate action(s) as recommended by the FATF with respect to the named jurisdictions.
Separately, FATF has issued an updated statement on its on-going process to improve global AML/CFT compliance. This statement provides information on a list of jurisdictions that have committed to action plans to address and strengthen their respective AML/CFT deficiencies. The second FATF statement can be found at: FATF Statement
June 24, 2011 – The Financial Action Task Force (FATF) is the global standard setting body for anti-money laundering and combating the financing of terrorism (AML/CFT). In order to protect the international financial system from ML/FT risks and to encourage greater compliance with the AML/CFT standards, the FATF identified jurisdictions that have strategic deficiencies and works with them to address those deficiencies that pose a risk to the international financial system.
As part of its ongoing review of compliance with the AML/CFT standards, the FATF has identified that this jurisdictions (Cuba) has strategic AML/CFT deficiencies for which it has developed an action plan with the FATF.
NOTE-1: Strategic deficiencies require Enhanced Due Diligence
NOTE-2: FATF members and other jurisdictions should apply counter-measures to protect the international financial system from the on-going and substantial money laundering and terrorist financing (ML/TF) risks emanating from the jurisdictions Iran and North Korea.
The FATF and the FSRBs will continue to work with this jurisdiction and to report on the progress made in addressing the identified deficiencies. The FATF calls on the jurisdiction to complete the implementation of action plans expeditiously and within the proposed time frames. All member states should treat this jurisdiction (Cuba) with vigilance FATF Public Statement – June 24, 2011
US FinCen – AML/CFT Deficiencies Warning List
July 13, 2011 – FinCen adopted the Financial Action Task Force Public Statement on Anti-Money Laundering and Counter-Terrorist Financing Risks and FinCen provided guidance on the subject. More detailed information FIN-2011-A011 and FIN-2011-A012
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