Yesterday, January 15, 2009, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”) released an addendum to Circular 2006.

The addendum provides interpretative clarifications to individuals who OFAC has authorized as Service Providers, Travel Service Providers, Carrier Service Providers, and Remittance Forwarders. Amongst the clarifications in the addendum are the following:

1. No Service Providers may alter a visa issued by the Government of Cuba.

2. Remittance Forwarders must ensure that every international transfer of funds made in forwarding remittance to Cuba is transfered only to the actual entity the Service Provider indentified in its Service Provider Application Process which will pay out remittance consistant with the Remittance Forwarder contract.

3. Service Provider records must show the deposit that a Service Provider receives in connection with the provision of regulated services.

For more information on the addendum please see the Addendum to Circular 2006-Cuba Sanctions.

The Cuba Sanctions Regulations can at times be difficult to navigate. If you intend to provide services to entities operating under the jurisdiction of the Government of Cuba, or plan on traveling to Cuba, I strongly suggest seeking out an attorney to advise you on any liability you may face in engaging in such actions.

If you feel that you may have violated the Cuba Sanctions please contact the author at 202-329-5652 or by email at ferrari@mcnabbassociates.com

The author of this blog is Erich C. Ferrari, an attorney in Washington, DC, who specializes in Sanctions Law and White Collar Criminal Defense. If you have any questions please email him at ferrari@mcnabbassociates.com