Pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000, you must sign the contract within 12 months of receiving authorization from the Bureau of Industry and Security (BIS) to export agricultural commodities to Cuba.  You have an additional 12 months from the signing of the contract to export the agricultural commodities to Cuba.  Alternatively, you may sign the contract before receiving export authorization from BIS, but you are still required to obtain BIS authorization prior to exporting the agricultural commodities and must export them within 12 months of the signing of the contract.  However, you are not required to sign a contract for exports to Cuba of agricultural commodities that are donated or commercial samples, but you must still obtain BIS authorization to export them and must do so within 12 months of receiving BIS authorization.

Both the Department of Commerce’s Bureau of Industry and Security (BIS) and the Department of the Treasury’s Office of Foreign Assets Control (OFAC) administer Cuba sanctions pursuant to the Export Administration Regulations (EAR) (15 C.F.R. Parts 730-774) and the Cuban Assets Control Regulations (CACR) (31 C.F.R. Part 515), respectively.  Most export or reexport transactions require general or specific authorizations from both BIS and OFAC.  OFAC has issued a general license authorizing all transactions ordinarily incident to the exportation of items from the United States, or the reexportation of 100 percent U.S.-origin items from a third country, to any person in Cuba, provided that the exportation is licensed or otherwise authorized by BIS.  See 31 C.F.R. § 515.533.  Accordingly, for those BIS-licensed exports or reexports, further OFAC authorization generally is not needed.  However, in some cases, a specific license from OFAC may be required in connection with BIS-authorized exports or reexports.  For example, although BIS may authorize the export to Cuba of foreign-made items from the United States, persons may require a specific license from OFAC for the initial importation into the United States of items specifically intended for export to Cuba.  Additionally, even if BIS has authorized the reexport of items that are not 100 percent U.S.-origin to Cuba, persons subject to U.S. jurisdiction would also require a specific license from OFAC to reexport the items, and OFAC’s consideration of applications for such licenses may be subject to statutory restrictions.  See 31 C.F.R. § 515.559.

For additional information regarding BIS’s Cuba sanctions, please visit http://www.bis.doc.gov/cuba.  You may also call BIS’s Foreign Policy Division (202-482-4252). 

For additional information regarding OFAC’s Cuba sanctions, please visit http://www.treasury.gov/cuba. 

You may also call OFAC’s toll free hotline (800-540-6322), its local hotline (202-622-2490), or the Licensing Division (202-622-2480), or send a message to OFAC’s email hotline account (This email address is being protected from spambots. You need JavaScript enabled to view it.).

The Bureau of Industry and Security (BIS) implements U.S. Government sanctions against Cuba, Iran, North Korea, Sudan, and Syria pursuant to the Export Administration Regulations (EAR), either unilaterally or to implement United Nations Security Council Resolutions.

The license requirements, license exceptions, and licensing policy vary depending upon the particular sanctioned destination. The corresponding country pages are intended to assist exporters and reexports with determining the export and reexport requirements pursuant to the EAR. However, the webpages are not comprehensive and do not serve as replacements for the EAR.

Exporters and reexporters should be aware that other U.S. Government agencies administer regulations that could also impact their export or reexport transactions. For example, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) also implements certain sanctions against Cuba, Iran, North Korea, Sudan, and Syria. Exporters and reexporters are responsible for complying with all applicable regulatory requirements.

   
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