Due to a recent influx of calls on the subject and what seems to be a general sense of confusion about applying to become an authorized travel service provider (TSP) to Cuba, I thought I would highlight some of the information required for the application process.

1. Written Affirmation of Non-Discrimination: TSP Applicants will be required to affirm that they do not participate in any discriminatory practices engaged in by the Cuban government against certain residents and citizens of the United States. This affirmation is to be made in writing and attached to the TSP application.

2. Business Information: This information should include contact information, tax identification number, articles of incorporation, the name of the individual responsible for providing the services, bylaws, annual reports, financial statements, bank account information, and information pertaining to anticipated foreign contracts, agreements, licenses, or authorizations related to either Applicant or her business’ provision of travel services.

3. Personal information: This information relates to the person responsible for the services. Such information should include contact name, address, social security number, date and place of birth, certification that applicant has not been convicted of any crime.

4. TSP Certification: This certification constitutes an affirmation that the Applicant has read and understood and will comply with and implement the procedural and substantive rules described in the Cuba Travel Services Provider Circular, including the Appendices.

There are some further nuances to applying for the Cuba TSP authorization, however, the above should give you a good idea of what type of information OFAC will need to make their determination. For more information on the subject, please refer to OFAC’s Circular 2006 Addendum.

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.

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