These guidelines supplement the Export Administration Regulations (EAR) as they relate to the export of medical items to Cuba, and do not replace the relevant sections of the EAR. Exporters should consult the relevant sections of the EAR to ensure compliance with all BXA regulations. You are encouraged to follow these guidelines to assist us in processing your license applications more efficiently.
On March 20, 1998, the President announced a number of steps to increase the flow of humanitarian aid to the Cuban people, including improving the procedures for sale of medicines, medical equipment and supplies. In consultation with other agencies, the Commerce Department issues licenses for the export to Cuba of medical items, either donated or sold. The Commerce Department and other agencies have developed procedures to expedite processing of humanitarian medical licenses. In addition, Commerce will work with exporters on the monitoring and on-site verification requirements for medical sales or donations to governmental entities in Cuba.
Since 1992, provisions of the Cuban Democracy Act have governed the export of medicines and medical supplies and equipment to Cuba, either by sale or donation. In March 1998, the President announced that the United States would help to facilitate medical sales. This effort will build on the impact of the Pope's January 1998 visit to Cuba in supporting the role of religious groups and other elements of civil society, thereby helping prepare the Cuban people for a democratic transition.
The following persons can advise you on export license procedures and policies as they relate to Cuba:
Office of Strategic Trade & Foreign Policy Controls
Bureau of Export Administration
US Commerce Department
Office of Cuban Affairs
Bureau of Inter-American Affairs
US State Department
Office of Foreign Assets Control
US Treasury Department
The Commerce Department licenses the export of U.S. goods and technology to Cuba. The Treasury Department authorizes the travel of groups and individuals to Cuba and family remittances. The State Department provides overall policy guidance on Cuba.
Because Cuba is an embargoed country, practically all U.S. goods require a Commerce export license. Export license applications for most goods are subject to a policy of denial, although some specific goods are subject to case-by-case review. The United States generally approves export applications for the sale or donation of medicines, medical equipment and supplies, and the donation of food, clothing and other designated humanitarian items. All the medicines, medical equipment and supplies discussed here require a U.S. Commerce Department export license. Commerce export licenses are valid for 24 months, during which time shipments against the license can be made.
Commerce Department Multipurpose Application Form BXA-748P is the standard export license application form. You may obtain the forms by calling the Department of Commerce in Washington D.C. on (202)482-4811 or our Western Regional Office at (949) 664-0144, or by contacting Commerce Department district offices located in all major U.S. cities.
Form BXA-748P. This will guide you on how to fill out relevant boxes on the export license application for medical sales and donations. This will supplement the instructions on the application's cover page. Box numbers omitted below are self-explanatory; not all boxes will apply.
Applications for the export of medical donations to non-governmental entities (e.g. churches, charitable groups, international humanitarian aid organizations) will need nothing in Box 16. Be sure to write in Box 24 that this is a "medical donation."
[Please note that under the CDA, the on-site monitoring requirement applies to all sales, and also applies to all donations of medical equipment, instruments and supplies. Monitoring also applies to donations of medicines except to nongovernmental organizations for humanitarian purposes.]
You may also submit applications electronically using BIS's Simplified Network Application Process Redesign (SNAP-R).