I frequently get calls regarding Cuba sanctions administered by the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC). Most people that call me are convinced that the sanctions targeting Cuba have been severely diminished and that OFAC is not strictly enforcing the program anymore. While I can’t say these people are completely wrong, I can say that their statements are misleading. While the travel restrictions in the Cuba sanctions program have relaxed in the past several years–so much so that 390,000 U.S. persons travelled to Cuba in 2011–the majority of the prohibitions remain intact. As for OFAC, not administering the program as strictly or aggressively, well I guess someone forgot to tell that to OFAC Licensing Division.

OFAC recently denied, and then granted on appeal, a license application submitted on behalf of two artists and a group of American children who sought to travel to Cuba for a performance exhibition. Upon receiving guidance from the State Department, OFAC initially denied the travel license application citing that the travel was not in line with the foreign policy objectives of the United States. It was not until after a few Senators and Congressman stepped in to apply pressure on OFAC, that they yielded and finally granted the license. As such, the artists and children were able to go to Cuba and perform alongside their Cuban and Russian counterparts.

OFAC’s has a positive licensing policy for travel to Cuba by U.S. persons seeking to engage in public performances, clinics, workshops, athletic, and other competitions, and exhibitions. This licensing policy is outlined at 31 C.F.R. 515.567. In order to qualify for the issuance of such a license the person seeking authorization needs to identify themselves, identify the type of travel, describe the nature of the event for which travel is being undertaken, describe how any proceeds from the event will be distributed, describe the participants, certify their active participation in the event, describe the duration of the travel, and identify points of contact and the venue in Cuba.

With a positive licensing policy in place, it seems that the original license application should have been granted. Perhaps the license application was not drafted properly and didn’t provide the correct information. On the other hand, the original denial could have been related to the fact that the performance was to be part of Cuba’s Biennial Celebration and therefore the State Department indicated to OFAC that the license application should be denied. In either case it shows that OFAC is still diligently reviewing Cuba travel licenses. As such, don’t let the 390,000 U.S. travelers to Cuba in 2011 fool you…if you want to get to Havana all roads still lead through OFAC.

The author of this blog is Erich Ferrari, an attorney specializing in OFAC matters. If you have any questions please contact him at 202-280-6370 or ferrari@ferrari-legal.com.