Compliance Partners |
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Director of International Student and Scholar Services |
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Assistant VP for Global Education |
Trading with the Enemy Act
(amended by the Foreign Assistance Act of 1961)
50 U.S.C. App. 5(b) and 22 USC Part 79; 31 CFR Part 500
Cuban Assets Control Regulations of the U.S. Department of Treasury require persons subject to U.S. jurisdiction to have a license to engage in any transactions related to travel to, from and within Cuba. Licenses are granted on a case-by-case basis for humanitarian travel and for travel in connection with professional research and similar activities. Failure to follow proper procedures may result in civil penalties and criminal prosecution. Additional information can be obtained from the Office of Foreign Assets Control.
Emergency Coalition to Defend Educational Travel et al. v. U.S. Department of Treasury et al.
This is the July 30, 2007 decision by the U.S. District Court for the District of Columbia denying plaintiff's challenge to the 2004 regulation promulgated by the Office of Foreign Assets Control (OFAC) of the U.S. Dept. of the Treasury. The regulation in question tightened restrictions on educational programs offered in Cuba by U.S. institutions. The challenge claimed violation of First Amendment academic freedom rights, and a violation of Fifth Amendment liberty interest in organizing and participating in educational programs abroad. In addition, plaintiffs challenged the 2004 amendments to the Administrative Procedure Act (515.565). The court rejected the challenge, finding the regulations to be content neutral and not placing any restrictions on what can be taught in Cuba, and further, that the regulations further an important and substantial government interest.
Cuban Assets Control Regulations; Interim Final Rule.
69 Fed. Reg. 33767; June 16, 2004
Effective Date: June 30, 2004. In this interim final rule, the Office of Foreign Assets Control (``OFAC'') is amending the Cuban Assets Control Regulations, 31 CFR part 515 (the ``CACR'').
A note is added to paragraph (a)(1) of Sec. 515.564 to clarify that the general license in paragraph (a) authorizing travel-related transactions incident to certain professional research in Cuba does not extend to transactions incident to attendance at professional meetings or conferences in Cuba. Attendance at certain professional meetings and conferences in Cuba already is addressed by a separate general license set forth in paragraph (a)(2). To the extent a professional researcher believes that attendance at a particular meeting or conference in Cuba is important to his or her research and the meeting or conference does not qualify under the general license set forth in paragraph (a)(2), the researcher may request a specific license from OFAC under paragraph (b).
OFAC is amending Sec. 515.565 to reflect new policy with respect to specific licensing of certain
educational activities in Cuba. These amendments restrict the availability under paragraph (a) of specific licenses to institutions to undergraduate and graduate institutions. Accordingly, former paragraph (a)(2)(vi), which covered certain activities by secondary schools, has been eliminated. The duration of these institutional licenses is shortened from two years to one year. Paragraph (a) of Sec. 515.565 is further amended by adding a requirement that any students who use an institution's license must be enrolled in an undergraduate or graduate degree program at that licensed institution. Students may no longer engage in Cuba travel-related transactions under the license of an educational institution other than their own even if their own institution will accept the licensed institution's program for credit toward the student's degree. Paragraph (a) also is amended to clarify that employees who travel under an institution's license must be full-time permanent employees of the licensed institution. Temporary employees and contractors do not qualify as full-time permanent employees of an institution.
Three of the six educational activities listed in paragraph (a) of Sec. 515.565 that are available to licensed educational institutions and their students and staff are subject to a new requirement that
those educational activities in Cuba be no shorter than 10 weeks. The three affected activities are: structured educational programs in Cuba offered as part of a course at the licensed institution; formal courses of study at a Cuban academic institution; and teaching at a Cuban academic institution. The remaining three educational activities may still be engaged in for a period of less than 10 weeks. These
activities are: graduate research in Cuba; sponsorship of a Cuban national to teach or engage in other scholarly activities in the United States; and organization of and preparation for licensed educational
activities. OFAC is also amending the requirements in paragraph (a) with respect to letters from the licensed institution that must be carried by each authorized traveler.
Proclamation 8271 Termination of Exercise of Authorities Under the Trading with the Enemy Act with Respect to North Korea. 73 Fed. Reg. 36785, June 27, 2008. Terminates Application of TWEA with with North Korea. The Foreign Assets Control Regulations are thus no longer in force with respect to North Korea, but the import and transfer restrictions at 31 CFR 500.586(b)(2) and (3) remain in force. See What you need to Know about Sanctions for more.
Department of Treasury Web Page on Sanctions Program and Country Summary