Cuba Policy Shift: Administration Eases Restrictions on Small Businesses | Customs & International Trade Law Blog

On Might 28, 2024, the Biden administration introduced new measures easing restrictions on impartial small companies in Cuba. The announcement follows a latest resolution by the State Division to take away Cuba from the listing of nations deemed uncooperative on counterterrorism. 

The Administration criticized the Cuban authorities within the announcement, saying: “We all know the Cuban economic system is in dire straits amid recurring shortages of gas, electrical energy, more and more even meals. It’s clear the communist experiment of Cuba has failed, the federal government is now not capable of present for its residents’ most simple wants.” 

The brand new measures applied by the Division of Treasury’s Workplace of International Belongings Management (OFAC) embrace 4 major components:

1. Approved Web-Primarily based Providers and Software program.

Cuban small companies will now have the ability to entry extra internet-based providers corresponding to video conferencing, social media, maps, e-learning, automated translation, and different on-line providers. 

U.S.-based entities shall be allowed to offer cloud-based providers to those small companies. OFAC can also be authorizing the export or reexport of Cuban-origin software program and cellular functions from america to 3rd nations.

2. Re-defining “Self-Employment.”

OFAC is scrapping the time period “self-employed particular person” and changing it with a brand new time period: “impartial non-public sector entrepreneur.” The brand new time period will nonetheless cowl conventional self-employed people corresponding to enterprise homeowners, however it is going to additionally cowl non-public cooperatives or small companies which might be wholly owned by such people. 

The brand new time period additionally excludes prohibited Cuban officers and prohibited Cuban Communist Celebration members to make sure they don’t make the most of this modification supposed to learn the non-public sector.

3. Entry to U.S. Financial institution Accounts.

OFAC is authorizing Cuban entrepreneurs to open and remotely use U.S. financial institution accounts. Cuban entrepreneurs can use these accounts whether or not they’re bodily situated in america, Cuba, or one other nation.   

4. U-Flip Transactions.

OFAC is reinstating its authorization of “U-turn” transactions. “U-turn” transactions are funds transfers that originate and terminate exterior the U.S. the place neither the sender or recipient is topic to U.S. jurisdiction.  

OFAC disallowed “U-turn” transactions in 2019. U.S. banks might now course of these funds transfers when Cuba or a Cuban nationwide has an curiosity, offered that neither celebration is topic to U.S. jurisdiction.

OFAC has issued a FAQ doc to assist information stakeholders navigate these adjustments. Obtainable right here.

For extra data on how these adjustments might impression your online business, contact us at information@diaztradelaw.com or 305-456-3830.

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