Rule2026-19977
Cuba Sanctions Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2026
Effective
September 30, 2026
Issuing agencies
Treasury DepartmentForeign Assets Control Office
Abstract
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is adding regulations to implement a May 1, 2026 Cuba- related Executive order. OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive guidance and definitions, general licenses, and other regulatory provisions.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 188 (Wednesday, September 30, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 188 (Wednesday, September 30, 2026)]
[Rules and Regulations]
[Pages 61748-61758]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19977]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 516
Cuba Sanctions Regulations
AGENCY: Office of Foreign Assets Control, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury's Office of Foreign Assets
Control (OFAC) is adding regulations to implement a May 1, 2026 Cuba-
related Executive order. OFAC intends to supplement these regulations
with a more comprehensive set of regulations, which may include
additional interpretive guidance and definitions, general licenses, and
other regulatory provisions.
DATES: This rule is effective September 30 2026.
FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for
Regulatory Affairs, 202-622-4855; or <a href="https://ofac.treasury.gov/contact-ofac">https://ofac.treasury.gov/contact-ofac</a>.
SUPPLEMENTARY INFORMATION:
Electronic Availability
This document and additional information concerning OFAC are
available on OFAC's website: <a href="https://ofac.treasury.gov">https://ofac.treasury.gov</a>.
Background
On May 1, 2026, the President, invoking the authority of, inter
alia, the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) (IEEPA), issued Executive Order (E.O.) 14404, ``Imposing
Sanctions on Those Responsible for Repression in Cuba and for Threats
to United States National Security and Foreign Policy'' (91 FR 25061,
May 7, 2026).
In E.O. 14404, the President determined that the policies,
practices,
[[Page 61749]]
and actions of the Government of Cuba, as described in the national
emergency declared in E.O. 14380, ``Addressing Threats to the United
States by the Government of Cuba'' (91 FR 5085, February 3, 2026),
continue to constitute an unusual and extraordinary threat to the
national security and foreign policy of the United States and took
further steps to address that threat.
OFAC is issuing the Cuba Sanctions Regulations, 31 CFR part 516
(the ``Regulations''), to implement E.O. 14404, pursuant to authorities
delegated to the Secretary of the Treasury in E.O. 14404. A copy of
E.O. 14404 appears in appendix A to this part.
The Regulations are being published in abbreviated form at this
time for the purpose of providing immediate guidance to the public.
OFAC intends to supplement this part 516 with a more comprehensive set
of regulations, which may include additional interpretive guidance and
definitions, general licenses, and other regulatory provisions. The
appendix to the Regulations will be removed when OFAC supplements this
part with a more comprehensive set of regulations.
Public Participation
Because the Regulations involve a foreign affairs function, the
provisions of E.O. 12866 of September 30, 1993, ``Regulatory Planning
and Review'' (58 FR 51735, October 4, 1993), as amended, and the
Administrative Procedure Act (5 U.S.C. 553) requiring notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date, as well as the provisions of E.O. 14192 of January 31,
2025, ``Unleashing Prosperity Through Deregulation'' (90 FR 6065,
February 6, 2025), and E.O. 14219 of February 19, 2025, ``Ensuring
Lawful Governance and Implementing the President's `Department of
Government Efficiency' Deregulatory Initiative'' (90 FR 10583, February
25, 2025), are inapplicable. Because no notice of proposed rulemaking
is required for this rule, the Regulatory Flexibility Act (5 U.S.C.
601-612) does not apply.
Executive Order 14294
Section 5 of E.O. 14294 of May 9, 2025, ``Fighting
Overcriminalization in Federal Regulations'' (90 FR 20363, May 14,
2025), directs that all future notices of proposed rulemaking (NPRMs)
and final rules published in the Federal Register, the violation of
which may constitute criminal regulatory offenses, should include a
statement identifying that the rule or proposed rule is a criminal
regulatory offense and the authorizing statute. E.O. 14294 directs
agencies to draft this statement in consultation with the Department of
Justice.
E.O. 14294 further directs that the regulatory text of all NPRMs
and final rules with criminal consequences published in the Federal
Register after May 9, 2025, should explicitly state a mens rea
requirement for each element of a criminal regulatory offense,
accompanied by citations to the relevant provisions of the authorizing
statute.
Willful violations of the regulations set forth in this final rule
may be subject to criminal penalties pursuant to 50 U.S.C. 1705 and
regulations promulgated thereunder. The statutory authority for
criminal liability requires a mens rea of willfulness as an element
pursuant to 50 U.S.C. 1705(c). In drafting this statement, OFAC has
consulted with the Department of Justice.
Paperwork Reduction Act
The collections of information related to the Regulations are
contained in 31 CFR part 501 (the ``Reporting, Procedures and Penalties
Regulations''). Pursuant to the Paperwork Reduction Act of 1995 (44
U.S.C. 3507), those collections of information have been approved by
the Office of Management and Budget under control number 1505-0164. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number.
List of Subjects in 31 CFR Part 516
Administrative practice and procedure, Banks, banking, Blocking of
assets, Cuba, Foreign trade, Penalties, Reporting and recordkeeping
requirements, Sanctions, Services.
0
For the reasons set forth in the preamble, OFAC adds part 516 to 31 CFR
chapter V to read as follows:
PART 516--CUBA SANCTIONS REGULATIONS
Subpart A--General Provisions
Sec.
516.101 Relation of this part to other laws and regulations.
516.102 Records and reports.
516.103 Procedures.
516.104 Paperwork Reduction Act notice.
516.105 Penalties and findings of violation.
516.106 Delegation of certain authorities of the Secretary of the
Treasury.
Subpart B--Prohibitions
516.201 Prohibited transactions.
516.202 Effect of transfers violating the provisions of this part.
516.203 Holding of funds in interest-bearing accounts; investment
and reinvestment.
516.204 Expenses of maintaining blocked tangible property;
liquidation of blocked property.
516.205 Exempt transactions.
Subpart C--General Definitions
516.300 Applicability of definitions.
516.301 Blocked account; blocked property.
516.302 Effective date.
516.303 Entity.
516.304 Financial, material, or technological support.
516.305 Foreign financial institution.
516.306 Foreign person.
516.307 Government of Cuba.
516.308 [Reserved]
516.309 Interest.
516.310 Licenses; general and specific.
516.311 OFAC.
516.312 Person.
516.313 Property; property interest.
516.314 Transfer.
516.315 United States.
516.316 United States person; U.S. person.
516.317 U.S. financial institution.
Subpart D--Interpretations
516.401 [Reserved]
516.402 Effect of amendment.
516.403 Termination and acquisition of an interest in blocked
property.
516.404 Transactions ordinarily incident to a licensed transaction.
516.405 Setoffs prohibited.
516.406 Entities owned by one or more persons whose property and
interests in property are blocked.
Subpart E--Licenses, Authorizations, and Statements of Licensing Policy
516.501 General and specific licensing procedures.
516.502 Effect of license or other authorization.
516.503 Exclusion from licenses.
516.504 Payments and transfers to blocked accounts in U.S. financial
institutions.
516.505 Entries in certain accounts for normal service charges.
516.506 Provision of certain legal services.
516.507 Payments for legal services from funds originating outside
the United States.
516.508 Emergency medical services.
516.509 Official business of the United States Government.
516.510 Official business of certain international organizations and
entities.
516.511 Certain transactions in support of nongovernmental
organizations' activities.
516.512 Transactions related to the provision of agricultural
commodities, medicine, medical devices, replacement parts and
components, or software updates for personal, non-commercial use.
516.513 Transactions related to closing a correspondent account or
payable-through account.
Appendix A to Part 516--E.O. 14404 of May 1, 2026
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b); 50 U.S.C. 1601 et
seq., 1701 et seq.; 28 U.S.C. 2461 note (Pub. L. 101-410, 104 Stat.
890, as amended); E.O. 14404, 91 FR 25061.
[[Page 61750]]
Subpart A--General Provisions
Sec. 516.101 Relation of this part to other laws and regulations.
This part is separate from, and independent of, the other parts of
this chapter, including part 515 of this chapter, with the exceptions
of part 501 of this chapter, the recordkeeping and reporting
requirements and license application and other procedures, and part 505
of this chapter, the penalties regulations, both of which apply to this
part. Actions taken pursuant to part 501 or 505 of this chapter with
respect to the prohibitions contained in this part are considered
actions taken pursuant to this part. Differing foreign policy and
national security circumstances may result in differing interpretations
of similar language among the parts of this chapter. No license or
authorization contained in or issued pursuant to those other parts
authorizes any transaction prohibited by this part. No license or
authorization contained in or issued pursuant to any other provision of
law or regulation authorizes any transaction prohibited by this part.
No license or authorization contained in or issued pursuant to this
part relieves the involved parties from complying with any other
applicable laws or regulations.
Note 1 to Sec. 516.101: This part has been published in
abbreviated form for the purpose of providing immediate guidance to
the public. OFAC intends to supplement this part with a more
comprehensive set of regulations, which may include additional
interpretive guidance and definitions, general licenses, and other
regulatory provisions.
Sec. 516.102 Records and reports.
For provisions relating to required records and reports, see part
501, subpart C, of this chapter. Recordkeeping and reporting
requirements imposed by part 501 of this chapter with respect to the
prohibitions contained in this part are considered requirements arising
pursuant to this part.
Sec. 516.103 Procedures.
For license application procedures and procedures relating to
amendments, modifications, or revocations of licenses; administrative
decisions; rulemaking; and requests for documents pursuant to the
Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a), see
part 501, subpart E, of this chapter.
Sec. 516.104 Paperwork Reduction Act notice.
For approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507) of information
collections relating to recordkeeping and reporting requirements,
licensing procedures, and other procedures, see Sec. 501.901 of this
chapter. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a valid control number assigned by OMB.
Sec. 516.105 Penalties and findings of violation.
(a) For provisions relating to penalties and findings of violation
with respect to violations of the provisions of any regulation, ruling,
instruction, order, directive, or license issued by or pursuant to the
direction or authorization of the Secretary of the Treasury or the
Secretary's delegee pursuant to this part, see part 505, subpart D, of
this chapter.
(b) Violations of this part may also be subject to other applicable
laws.
Sec. 516.106 Delegation of certain authorities of the Secretary of
the Treasury.
Any action that the Secretary of the Treasury is authorized to take
pursuant to E.O. 14404 of May 1, 2026, and any further Executive orders
issued pursuant to the national emergency declared in E.O. 14380 of
January 29, 2026, may be taken by the Director of OFAC or by any other
person to whom the Secretary of the Treasury has delegated authority so
to act.
Subpart B--Prohibitions
Sec. 516.201 Prohibited transactions.
All transactions prohibited pursuant to E.O. 14404 of May 1, 2026,
or any further Executive orders issued pursuant to the national
emergency declared in E.O. 14380 of January 29, 2026, are prohibited
pursuant to this part.
Note 1 to Sec. 516.201: The names of persons designated or
identified as blocked pursuant to E.O. 14404, or any further
Executive orders issued pursuant to the national emergency declared
in E.O. 14380, whose property and interests in property therefore
are blocked pursuant to this section, are published in the Federal
Register and incorporated into OFAC's Specially Designated Nationals
and Blocked Persons List (SDN List) using the following identifier
formulation: for E.O. 14404: ``[CUBA-EO14404]''; and for any further
Executive orders issued pursuant to the national emergency declared
in E.O. 14380: ``[CUBA-E.O.[E.O. number pursuant to which the
person's property and interests in property are blocked]].'' The SDN
List is accessible through the following page on OFAC's website:
<a href="https://sanctionslist.ofac.treas.gov/Home/SdnList">https://sanctionslist.ofac.treas.gov/Home/SdnList</a>. Additional
information pertaining to the SDN List can be found in appendix A to
this chapter. See Sec. 516.406 concerning entities that may not be
listed on the SDN List but whose property and interests in property
are nevertheless blocked pursuant to this section.
Note 2 to Sec. 516.201: Section 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1702), authorizes the
blocking of property and interests in property of a person during
the pendency of an investigation. The names of persons whose
property and interests in property are blocked pending investigation
pursuant to this section also are published in the Federal Register
and incorporated into the SDN List using the following identifier
formulation: ``[BPI-CUBA-E.O.[E.O. number pursuant to which the
person's property and interests in property are blocked pending
investigation]].''
Note 3 to Sec. 516.201: The names of foreign financial
institutions for which the opening or maintaining of a correspondent
account or a payable-through account in the United States is
prohibited or for which the maintenance of such accounts is subject
to one or more strict conditions pursuant to section 4(b)(i) of E.O.
14404, or pursuant to any further Executive orders issued pursuant
to the national emergency declared in E.O. 14380, will be added to
the List of Foreign Financial Institutions Subject to Correspondent
Account or Payable-Through Account Sanctions (CAPTA List) on OFAC's
website (<a href="https://ofac.treasury.gov">https://ofac.treasury.gov</a>), and published in the Federal
Register along with the applicable prohibition(s) or condition(s).
Note 4 to Sec. 516.201: In certain cases, OFAC may issue an
order to: identify as blocked specific property or interests in
property of a person designated or otherwise blocked pursuant to
this section; block specific property or interests in property of a
person pending investigation; or block or impose other prohibitions
with respect to specific property or interests in property less than
full blocking sanctions. Notice of such orders will be provided: by
publication in the Federal Register; in writing to persons OFAC may
assess to have an interest in the property; or by issuing an order
or directive in writing to financial institutions or other
transaction intermediaries, and requiring the recipient of the order
or directive to promptly disclose it to affected persons with whom
the recipient maintains direct commercial relationships. Inquiries
regarding any such order should be directed to OFAC's Compliance
Division at <a href="https://ofac.treasury.gov/contact-ofac">https://ofac.treasury.gov/contact-ofac</a>.
Note 5 to Sec. 516.201: Subpart E of part 501 of this chapter
describes the procedures to be followed for the release of property
and interests in property blocked pursuant to this section,
including funds blocked due to mistaken identity or typographical or
similar errors, and for administrative reconsideration of one's
status as a person whose property and interests in property are
blocked pursuant to this section.
Sec. 516.202 Effect of transfers violating the provisions of this
part.
(a) Any transfer after the effective date that is in violation of
any provision of this part or of any regulation, ruling, instruction,
order, directive, or license issued pursuant to this part, and that
involves any property or interest in property blocked pursuant to Sec.
516.201,
[[Page 61751]]
is null and void and shall not be the basis for the assertion or
recognition of any interest in or right, remedy, power, or privilege
with respect to such property or interest in property.
(b) No transfer before the effective date shall be the basis for
the assertion or recognition of any right, remedy, power, or privilege
with respect to, or any interest in, any property or interest in
property blocked pursuant to Sec. 516.201, unless the person who holds
or maintains such property, prior to that date, had written notice of
the transfer or by any written evidence had recognized such transfer.
(c) Unless otherwise provided, a license or other authorization
issued by OFAC before, during, or after a transfer shall validate such
transfer or make it enforceable to the same extent that it would be
valid or enforceable but for the provisions of this part and any
regulation, ruling, instruction, order, directive, or license issued
pursuant to this part.
(d) Transfers of property that otherwise would be null and void or
unenforceable by virtue of the provisions of this section shall not be
deemed to be null and void or unenforceable as to any person with whom
such property is or was held or maintained (and as to such person only)
in cases in which such person is able to establish to the satisfaction
of OFAC each of the following:
(1) Such transfer did not represent a willful violation of the
provisions of this part by the person with whom such property is or was
held or maintained (and as to such person only);
(2) The person with whom such property is or was held or maintained
did not have reasonable cause to know or suspect, in view of all the
facts and circumstances known or available to such person, that such
transfer required a license or authorization issued pursuant to this
part and was not so licensed or authorized, or, if a license or
authorization did purport to cover the transfer, that such license or
authorization had been obtained by misrepresentation of a third party
or withholding of material facts or was otherwise fraudulently
obtained; and
(3) The person with whom such property is or was held or maintained
filed with OFAC a report setting forth in full the circumstances
relating to such transfer promptly upon discovery that:
(i) Such transfer was in violation of the provisions of this part
or any regulation, ruling, instruction, order, directive, license, or
other authorization issued pursuant to this part;
(ii) Such transfer was not licensed or authorized by OFAC; or
(iii) If a license did purport to cover the transfer, such license
had been obtained by misrepresentation of a third party or withholding
of material facts or was otherwise fraudulently obtained.
(e) The filing of a report in accordance with the provisions of
paragraph (d)(3) of this section shall not be deemed evidence that the
terms of paragraphs (d)(1) and (2) of this section have been satisfied.
(f) Unless licensed pursuant to this part, any attachment,
judgment, decree, lien, execution, garnishment, or other judicial
process is null and void with respect to any property or interest in
property blocked pursuant to Sec. 516.201.
Sec. 516.203 Holding of funds in interest-bearing accounts;
investment and reinvestment.
(a) Except as provided in paragraph (e) or (f) of this section, or
as otherwise directed or authorized by OFAC, any U.S. person holding
funds, such as currency, bank deposits, or liquidated financial
obligations, subject to Sec. 516.201 shall hold or place such funds in
a blocked interest-bearing account located in the United States.
(b)(1) For the purposes of this section, the term blocked interest-
bearing account means a blocked account:
(i) In a federally insured U.S. bank, thrift institution, or credit
union, provided the funds are earning interest at rates that are
commercially reasonable; or
(ii) With a broker or dealer registered with the Securities and
Exchange Commission under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.), provided the funds are invested in a money market
fund or in U.S. Treasury bills.
(2) Funds held or placed in a blocked account pursuant to paragraph
(a) of this section may not be invested in instruments the maturity of
which exceeds 180 days.
(c) For the purposes of this section, a rate is commercially
reasonable if it is the rate currently offered to other depositors on
deposits or instruments of comparable size and maturity.
(d) For the purposes of this section, if interest is credited to a
separate blocked account or subaccount, the name of the account party
on each account must be the same.
(e) Blocked funds held in instruments the maturity of which exceeds
180 days at the time the funds become subject to Sec. 516.201 may
continue to be held until maturity in the original instrument, provided
any interest, earnings, or other proceeds derived therefrom are paid
into a blocked interest-bearing account in accordance with paragraph
(a) or (f) of this section.
(f) Blocked funds held in accounts or instruments outside the
United States at the time the funds become subject to Sec. 516.201 may
continue to be held in the same type of accounts or instruments,
provided the funds earn interest at rates that are commercially
reasonable.
(g) This section does not create an affirmative obligation for the
holder of blocked tangible property, such as real or personal property,
or of other blocked property, such as debt or equity securities, to
sell or liquidate such property. However, OFAC may issue licenses
permitting or directing such sales or liquidation in appropriate cases.
(h) Funds blocked pursuant to Sec. 516.201 may not be held,
invested, or reinvested in a manner that provides financial or economic
benefit or access to any person whose property and interests in
property are blocked pursuant to Sec. 516.201, nor may their holder
cooperate in or facilitate the pledging or other attempted use as
collateral of blocked funds or other assets.
Sec. 516.204 Expenses of maintaining blocked tangible property;
liquidation of blocked property.
(a) Except as otherwise authorized, and notwithstanding the
existence of any rights or obligations conferred or imposed by any
international agreement or contract entered into or any license or
permit granted prior to the effective date, all expenses incident to
the maintenance of tangible property blocked pursuant to Sec. 516.201
shall be the responsibility of the owners or operators of such
property, which expenses shall not be met from blocked funds.
(b) Property blocked pursuant to Sec. 516.201 may, in the
discretion of OFAC, be sold or liquidated and the net proceeds placed
in a blocked interest-bearing account in the name of the owner of the
property.
Sec. 516.205 Exempt transactions.
The prohibitions contained in this part do not apply to any
transactions that are exempt pursuant to section 203(b) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(b)).
Subpart C--General Definitions
Sec. 516.300 Applicability of definitions.
The definitions in this subpart apply throughout the entire part.
[[Page 61752]]
Sec. 516.301 Blocked account; blocked property.
The terms blocked account and blocked property mean any account or
property subject to the prohibitions in Sec. 516.201 held in the name
of a person whose property and interests in property are blocked
pursuant to Sec. 516.201, or in which such person has an interest, and
with respect to which payments, transfers, exportations, withdrawals,
or other dealings may not be made or effected except pursuant to a
license or other authorization from OFAC expressly authorizing such
action.
Note 1 to Sec. 516.301: See Sec. 516.406 concerning the
blocked status of property and interests in property of an entity
that is directly or indirectly owned, whether individually or in the
aggregate, 50 percent or more by one or more persons whose property
and interests in property are blocked pursuant to Sec. 516.201.
Sec. 516.302 Effective date.
The term effective date refers to the effective date of the
applicable prohibitions and directives contained in this part, and,
with respect to a person whose property and interests in property are
blocked pursuant to Sec. 516.201, the earlier of the date of actual or
constructive notice that such person's property and interests in
property are blocked.
Sec. 516.303 Entity.
The term entity means a partnership, association, trust, joint
venture, corporation, group, subgroup, or other organization.
Sec. 516.304 Financial, material, or technological support.
The term financial, material, or technological support means any
property, tangible or intangible, including currency, financial
instruments, securities, or any other transmission of value; weapons or
related materiel; chemical or biological agents; explosives; false
documentation or identification; communications equipment; computers;
electronic or other devices or equipment; technologies; lodging; safe
houses; facilities; vehicles or other means of transportation; or
goods. ``Technologies'' as used in this section means specific
information necessary for the development, production, or use of a
product, including related technical data such as blueprints, plans,
diagrams, models, formulae, tables, engineering designs and
specifications, manuals, or other recorded instructions.
Sec. 516.305 Foreign financial institution.
The term foreign financial institution means any foreign entity
that is engaged in the business of accepting deposits; making,
granting, transferring, holding, or brokering loans or credits;
purchasing or selling foreign exchange, securities, futures, or
options; or procuring purchasers and sellers thereof, as principal or
agent. It includes but is not limited to depository institutions;
banks; savings banks; money services businesses; operators of credit
card systems; trust companies; insurance companies; securities brokers
and dealers; futures and options brokers and dealers; forward contract
and foreign exchange merchants; securities and commodities exchanges;
clearing corporations; investment companies; employee benefit plans;
dealers in precious metals, stones, or jewels; and holding companies,
affiliates, or subsidiaries of any of the foregoing. The term does not
include the international financial institutions identified in 22
U.S.C. 262r(c)(2), the International Fund for Agricultural Development,
the North American Development Bank, or any other international
financial institution so notified by the Office of Foreign Assets
Control.
Sec. 516.306 Foreign person.
The term foreign person means any person that is not a U.S. person.
Sec. 516.307 Government of Cuba.
The term Government of Cuba means the Government of Cuba, any
political subdivision, agency, or instrumentality thereof, including
the Central Bank of Cuba, and any person owned, controlled, or acting
for or on behalf of, the Government of Cuba.
Sec. 516.308 [Reserved]
Sec. 516.309 Interest.
Except as otherwise provided in this part, the term interest, when
used with respect to property (e.g., ``an interest in property''),
means an interest of any nature whatsoever, direct or indirect.
Sec. 516.310 Licenses; general and specific.
(a) Except as otherwise provided in this part, the term license
means any license or authorization contained in or issued pursuant to
this part.
(b) The term general license means any license or authorization the
terms of which are set forth in subpart E of this part or made
available on OFAC's website: <a href="https://ofac.treasury.gov">https://ofac.treasury.gov</a>.
(c) The term specific license means any license or authorization
issued pursuant to this part but not set forth in subpart E of this
part or made available on OFAC's website: <a href="https://ofac.treasury.gov">https://ofac.treasury.gov</a>.
Note 1 to Sec. 516.310: See Sec. 501.801 of this chapter on
licensing procedures.
Sec. 516.311 OFAC.
The term OFAC means the Department of the Treasury's Office of
Foreign Assets Control.
Sec. 516.312 Person.
The term person means an individual or entity.
Sec. 516.313 Property; property interest.
The terms property and property interest include money, checks,
drafts, bullion, bank deposits, savings accounts, debts, indebtedness,
obligations, notes, guarantees, debentures, stocks, bonds, coupons, any
other financial instruments, bankers acceptances, mortgages, pledges,
liens or other rights in the nature of security, warehouse receipts,
bills of lading, trust receipts, bills of sale, any other evidences of
title, ownership, or indebtedness, letters of credit and any documents
relating to any rights or obligations thereunder, powers of attorney,
goods, wares, merchandise, chattels, stocks on hand, ships, goods on
ships, real estate mortgages, deeds of trust, vendors' sales
agreements, land contracts, leaseholds, ground rents, real estate and
any other interest therein, options, negotiable instruments, trade
acceptances, royalties, book accounts, accounts payable, judgments,
patents, trademarks or copyrights, insurance policies, safe deposit
boxes and their contents, annuities, pooling agreements, services of
any nature whatsoever, contracts of any nature whatsoever, and any
other property, real, personal, or mixed, tangible or intangible, or
interest or interests therein, present, future, or contingent.
Sec. 516.314 Transfer.
The term transfer means any actual or purported act or transaction,
whether or not evidenced by writing, and whether or not done or
performed within the United States, the purpose, intent, or effect of
which is to create, surrender, release, convey, transfer, or alter,
directly or indirectly, any right, remedy, power, privilege, or
interest with respect to any property. Without limitation on the
foregoing, it shall include the making, execution, or delivery of any
assignment, power, conveyance, check, declaration, deed, deed of trust,
power of attorney, power of appointment, bill of sale, mortgage,
receipt, agreement, contract, certificate, gift, sale, affidavit, or
statement; the making of any payment; the setting off of any
[[Page 61753]]
obligation or credit; the appointment of any agent, trustee, or
fiduciary; the creation or transfer of any lien; the issuance,
docketing, filing, or levy of or under any judgment, decree,
attachment, injunction, execution, or other judicial or administrative
process or order, or the service of any garnishment; the acquisition of
any interest of any nature whatsoever by reason of a judgment or decree
of any foreign country; the fulfillment of any condition; the exercise
of any power of appointment, power of attorney, or other power; or the
acquisition, disposition, transportation, importation, exportation, or
withdrawal of any security.
Sec. 516.315 United States.
The term United States means the United States, its territories and
possessions, and all areas under the jurisdiction or authority thereof.
Sec. 516.316 United States person; U.S. person.
The term United States person or U.S. person means any United
States citizen, lawful permanent resident, entity organized under the
laws of the United States or any jurisdiction within the United States
(including foreign branches of such entities), or any person in the
United States.
Sec. 516.317 U.S. financial institution.
The term U.S. financial institution means any U.S. entity
(including its foreign branches) that is engaged in the business of
accepting deposits, making, granting, transferring, holding, or
brokering loans or credits, purchasing or selling foreign exchange,
securities, futures or options, or procuring purchasers and sellers
thereof, as principal or agent. It includes depository institutions,
banks, savings banks, money services businesses, operators of credit
card systems, trust companies, insurance companies, securities brokers
and dealers, futures and options brokers and dealers, forward contract
and foreign exchange merchants, securities and commodities exchanges,
clearing corporations, investment companies, employee benefit plans,
dealers in precious metals, stones, or jewels, and U.S. holding
companies, U.S. affiliates, or U.S. subsidiaries of any of the
foregoing. This term includes those branches, offices, and agencies of
foreign financial institutions that are located in the United States,
but not such institutions' foreign branches, offices, or agencies.
Subpart D--Interpretations
Sec. 516.401 [Reserved]
Sec. 516.402 Effect of amendment.
Unless otherwise specifically provided, any amendment,
modification, or revocation of any provision in or appendix to this
part or chapter or of any regulation, ruling, instruction, order,
directive, or license issued by OFAC does not affect any act done or
omitted, or any civil or criminal proceeding commenced or pending,
prior to such amendment, modification, or revocation. All penalties,
forfeitures, and liabilities under any such regulation, ruling,
instruction, order, directive, or license continue and may be enforced
as if such amendment, modification, or revocation had not been made.
Sec. 516.403 Termination and acquisition of an interest in blocked
property.
(a) Whenever a transaction licensed or authorized by or pursuant to
this part results in the transfer of property (including any property
interest) away from a person whose property and interests in property
are blocked pursuant to Sec. 516.201, such property shall no longer be
deemed to be property blocked pursuant to Sec. 516.201, unless there
exists in the property another interest that is blocked pursuant to
Sec. 516.201, the transfer of which has not been effected pursuant to
license or other authorization.
(b) Unless otherwise specifically provided in a license or
authorization issued pursuant to this part, if property (including any
property interest) is transferred or attempted to be transferred to a
person whose property and interests in property are blocked pursuant to
Sec. 516.201, such property shall be deemed to be property in which
such person has an interest and therefore blocked.
Sec. 516.404 Transactions ordinarily incident to a licensed
transaction.
Any transaction ordinarily incident to a licensed transaction and
necessary to give effect thereto is also authorized, except:
(a) An ordinarily incident transaction, not explicitly authorized
within the terms of the license, by or with a person whose property and
interests in property are blocked pursuant to Sec. 516.201; or
(b) An ordinarily incident transaction, not explicitly authorized
within the terms of the license, involving a debit to a blocked account
or a transfer of blocked property.
Sec. 516.405 Setoffs prohibited.
A setoff against blocked property (including a blocked account),
whether by a U.S. financial institution or other U.S. person, is a
prohibited transfer under Sec. 516.201 if effected after the effective
date.
Sec. 516.406 Entities owned by one or more persons whose property and
interests in property are blocked.
Persons whose property and interests in property are blocked
pursuant to Sec. 516.201 have an interest in all property and
interests in property of an entity in which such persons directly or
indirectly own, whether individually or in the aggregate, a 50 percent
or greater interest. The property and interests in property of such an
entity, therefore, are blocked, and such an entity is a person whose
property and interests in property are blocked pursuant to Sec.
516.201, regardless of whether the name of the entity is incorporated
into OFAC's Specially Designated Nationals and Blocked Persons List
(SDN List).
Subpart E--Licenses, Authorizations, and Statements of Licensing
Policy
Sec. 516.501 General and specific licensing procedures.
For provisions relating to licensing procedures, see part 501,
subpart E, of this chapter. Licensing actions taken pursuant to part
501 of this chapter with respect to the prohibitions contained in this
part are considered actions taken pursuant to this part. General
licenses and statements of licensing policy relating to this part also
may be available through the Cuba sanctions page on OFAC's website:
<a href="https://ofac.treasury.gov">https://ofac.treasury.gov</a>.
Sec. 516.502 Effect of license or other authorization.
(a) No license or other authorization contained in this part, or
otherwise issued by OFAC, authorizes or validates any transaction
effected prior to the issuance of such license or other authorization,
unless specifically provided in such license or authorization.
(b) No regulation, ruling, instruction, order, directive, or
license authorizes any transaction prohibited under this part unless
the regulation, ruling, instruction, order, directive, or license is
issued by OFAC and specifically refers to this part. No regulation,
ruling, instruction, order, directive, or license referring to this
part shall be deemed to authorize any transaction prohibited by any
other part of this chapter unless the regulation, ruling, instruction,
order, directive, or license specifically refers to such part.
[[Page 61754]]
(c) Any regulation, ruling, instruction, order, directive, or
license authorizing any transaction prohibited under this part has the
effect of removing a prohibition contained in this part from the
transaction, but only to the extent specifically stated by its terms.
Unless the regulation, ruling, instruction, order, directive, or
license otherwise specifies, such an authorization does not create any
right, duty, obligation, claim, or interest in, or with respect to, any
property that would not otherwise exist under ordinary principles of
law.
(d) Nothing contained in this part shall be construed to supersede
the requirements established under any other provision of law or to
relieve a person from any requirement to obtain a license or other
authorization from another department or agency of the U.S. Government
in compliance with applicable laws and regulations subject to the
jurisdiction of that department or agency. For example, exports of
goods, services, or technical data that are not prohibited by this part
or that do not require a license by OFAC nevertheless may require
authorization by the U.S. Department of Commerce, the U.S. Department
of State, or other agencies of the U.S. Government.
(e) No license or other authorization contained in or issued
pursuant to this part authorizes transfers of or payments from blocked
property or debits to blocked accounts unless the license or other
authorization explicitly authorizes the transfer of or payment from
blocked property or the debit to a blocked account.
(f) Any payment relating to a transaction authorized in or pursuant
to this part that is routed through the U.S. financial system should
reference the relevant OFAC general or specific license authorizing the
payment to avoid the blocking or rejection of the transfer.
Sec. 516.503 Exclusion from licenses.
OFAC reserves the right to exclude any person, property,
transaction, or class thereof from the operation of any license or from
the privileges conferred by any license. OFAC also reserves the right
to restrict the applicability of any license to particular persons,
property, transactions, or classes thereof. Such actions are binding
upon actual or constructive notice of the exclusions or restrictions.
Sec. 516.504 Payments and transfers to blocked accounts in U.S.
financial institutions.
Any payment of funds or transfer of credit in which a person whose
property and interests in property are blocked pursuant to Sec.
516.201 has any interest that comes within the possession or control of
a U.S. financial institution must be blocked in an account on the books
of that financial institution. A transfer of funds or credit by a U.S.
financial institution between blocked accounts in its branches or
offices is authorized, provided that no transfer is made from an
account within the United States to an account held outside the United
States, and further provided that a transfer from a blocked account may
be made only to another blocked account held in the same name.
Note 1 to Sec. 516.504: See Sec. 501.603 of this chapter for
mandatory reporting requirements regarding financial transfers. See
also Sec. 516.203 concerning the obligation to hold blocked funds
in blocked interest-bearing accounts.
Sec. 516.505 Entries in certain accounts for normal service charges.
(a) A U.S. financial institution is authorized to debit any blocked
account held at that financial institution in payment or reimbursement
for normal service charges owed it by the owner of that blocked
account.
(b) As used in this section, the term normal service charges shall
include charges in payment or reimbursement for interest due; cable,
telegraph, internet, or telephone charges; postage costs; custody fees;
small adjustment charges to correct bookkeeping errors; and, but not by
way of limitation, minimum balance charges, notary and protest fees,
and charges for reference books, photocopies, credit reports,
transcripts of statements, registered mail, insurance, stationery and
supplies, and other similar items.
Sec. 516.506 Provision of certain legal services.
(a) The provision of the following legal services to or on behalf
of persons whose property and interests in property are blocked
pursuant to Sec. 516.201 is authorized, provided that any receipt of
payment of professional fees and reimbursement of incurred expenses
must be authorized pursuant to Sec. 516.507, which authorizes certain
payments for legal services from funds originating outside the United
States; via specific license; or otherwise pursuant to this part:
(1) Provision of legal advice and counseling on the requirements of
and compliance with the laws of the United States or any jurisdiction
within the United States, provided that such advice and counseling are
not provided to facilitate transactions in violation of this part;
(2) Representation of persons named as defendants in or otherwise
made parties to legal, arbitration, or administrative proceedings
before any U.S. Federal, State, or local court or agency;
(3) Initiation and conduct of legal, arbitration, or administrative
proceedings before any U.S. Federal, State, or local court or agency;
(4) Representation of persons before any U.S. Federal, State, or
local court or agency with respect to the imposition, administration,
or enforcement of U.S. sanctions against such persons; and
(5) Provision of legal services in any other context in which
prevailing U.S. law requires access to legal counsel at public expense.
(b) The provision of any other legal services to or on behalf of
persons whose property and interests in property are blocked pursuant
to Sec. 516.201, not otherwise authorized in this part, requires the
issuance of a specific license.
(c) U.S. persons do not need to obtain specific authorization to
provide related services, such as making filings and providing other
administrative services, that are ordinarily incident to the provision
of services authorized by paragraph (a) of this section. Additionally,
U.S. persons who provide services authorized by paragraph (a) of this
section do not need to obtain specific authorization to contract for
related services that are ordinarily incident to the provision of those
legal services, such as those provided by private investigators or
expert witnesses, or to pay for such services. See Sec. 516.404.
(d) Entry into a settlement agreement or the enforcement of any
lien, judgment, arbitral award, decree, or other order through
execution, garnishment, or other judicial process purporting to
transfer or otherwise alter or affect property or interests in property
blocked pursuant to Sec. 516.201 is prohibited unless licensed
pursuant to this part.
Note 1 to Sec. 516.506: Pursuant to part 501, subpart E, of
this chapter, U.S. persons seeking administrative reconsideration or
judicial review of their designation or the blocking of their
property and interests in property may apply for a specific license
from OFAC to authorize the release of certain blocked funds for the
payment of professional fees and reimbursement of incurred expenses
for the provision of such legal services where alternative funding
sources are not available.
Sec. 516.507 Payments for legal services from funds originating
outside the United States.
(a) Professional fees and incurred expenses. (1) Receipt of payment
of
[[Page 61755]]
professional fees and reimbursement of incurred expenses for the
provision of legal services authorized pursuant to Sec. 516.506(a) to
or on behalf of any person whose property and interests in property are
blocked pursuant to Sec. 516.201 is authorized from funds originating
outside the United States, provided that the funds do not originate
from:
(i) A source within the United States;
(ii) Any source, wherever located, within the possession or control
of a U.S. person; or
(iii) Any individual or entity, other than the person on whose
behalf the legal services authorized pursuant to Sec. 516.506(a) are
to be provided, whose property and interests in property are blocked
pursuant to any part of this chapter or any Executive order or statute.
(2) Nothing in this paragraph (a) authorizes payments for legal
services using funds in which any other person whose property and
interests in property are blocked pursuant to Sec. 516.201, any other
part of this chapter, or any Executive order or statute has an
interest.
(b) Records. Consistent with Sec. 501.601 of this chapter, U.S.
persons who receive payments pursuant to paragraph (a) of this section
must retain for ten years from the date of the relevant payment a
record that specifies the following for each payment:
(1) The individual or entity from whom the funds originated and the
amount of funds received; and
(2) If applicable:
(i) The names of any individuals or entities providing related
services to the U.S. person receiving payment in connection with
authorized legal services, such as private investigators or expert
witnesses;
(ii) A general description of the services provided; and
(iii) The amount of funds paid in connection with such services.
(3) These records must be furnished to OFAC on demand consistent
with Sec. 501.602 of this chapter.
Sec. 516.508 Emergency medical services.
The provision and receipt of nonscheduled emergency medical
services that are prohibited by this part are authorized.
Sec. 516.509 Official business of the United States Government.
All transactions prohibited by this part that are for the conduct
of the official business of the United States Government by employees,
grantees, or contractors thereof are authorized.
Sec. 516.510 Official business of certain international organizations
and entities.
All transactions prohibited by this part that are for the conduct
of the official business of the following entities by employees,
grantees, or contractors thereof are authorized:
(a) The United Nations, including its Programmes, Funds, and Other
Entities and Bodies, as well as its Specialized Agencies and Related
Organizations;
(b) The International Centre for Settlement of Investment Disputes
(ICSID) and the Multilateral Investment Guarantee Agency (MIGA);
(c) The African Development Bank Group, the Asian Development Bank,
the European Bank for Reconstruction and Development, and the Inter-
American Development Bank Group (IDB Group), including any fund entity
administered or established by any of the foregoing;
(d) The International Committee of the Red Cross and the
International Federation of Red Cross and Red Crescent Societies; and
(e) The Global Fund to Fight AIDS, Tuberculosis, and Malaria, and
Gavi, the Vaccine Alliance.
Sec. 516.511 Certain transactions in support of nongovernmental
organizations' activities.
(a) Except as provided in paragraph (c) of this section, all
transactions prohibited by this part that are ordinarily incident and
necessary to the activities described in paragraph (b) of this section
by a nongovernmental organization are authorized, provided that the
nongovernmental organization is not a person whose property or
interests in property are blocked pursuant to this part.
(b) The activities referenced in paragraph (a) of this section are
non-commercial activities designed to directly benefit the civilian
population that fall into one of the following categories:
(1) Activities to support humanitarian projects to meet basic human
needs, including disaster, drought, or flood relief; food, nutrition,
or medicine distribution; the provision of health services; assistance
for vulnerable or displaced populations, including individuals with
disabilities and the elderly; and environmental programs;
(2) Activities to support democracy building, including activities
to support rule of law, citizen participation, government
accountability and transparency, human rights and fundamental freedoms,
access to information, and civil society development projects;
(3) Activities to support education, including combating
illiteracy, increasing access to education, international exchanges,
and assisting education reform projects;
(4) Activities to support non-commercial development projects
directly benefiting civilians, including those related to health, food
security, and water and sanitation;
(5) Activities to support environmental and natural resource
protection, including the preservation and protection of threatened or
endangered species, responsible and transparent management of natural
resources, and the remediation of pollution or other environmental
damage; and
(6) Activities to support disarmament, demobilization, and
reintegration (DDR) programs and peacebuilding, conflict prevention,
and conflict resolution programs.
(c) This section does not authorize funds transfers initiated or
processed with knowledge or reason to know that the intended
beneficiary of such transfers is a person blocked pursuant to this
part, other than for the purpose of effecting the payment of taxes,
fees, or import duties, or the purchase or receipt of permits,
licenses, or public utility services.
(d) Specific licenses may be issued on a case-by-case basis to
authorize nongovernmental or other entities to engage in other
activities designed to directly benefit the civilian population,
including support for the removal of landmines and economic development
projects directly benefiting the civilian population.
Note 1 to Sec. 516.511: This section does not relieve any
person authorized thereunder from complying with any other
applicable laws or regulations.
Sec. 516.512 Transactions related to the provision of agricultural
commodities, medicine, medical devices, replacement parts and
components, or software updates for personal, non-commercial use.
(a) All transactions prohibited by this part that are related to
the provision, directly or indirectly, of agricultural commodities,
medicine, medical devices, replacement parts and components for medical
devices, or software updates for medical devices to an individual whose
property and interests in property are blocked pursuant to this part
are authorized, provided the items are in quantities consistent with
personal, non-commercial use.
(b) For the purposes of this section, agricultural commodities,
medicine, and medical devices are defined as follows:
[[Page 61756]]
(1) Agricultural commodities. For the purposes of this section,
agricultural commodities are:
(i) Products that fall within the term ``agricultural commodity''
as defined in section 102 of the Agricultural Trade Act of 1978 (7
U.S.C. 5602); and
(ii) That are intended for ultimate use as:
(A) Food for humans (including raw, processed, and packaged foods;
live animals; vitamins and minerals; food additives or supplements; and
bottled drinking water) or animals (including animal feeds);
(B) Seeds for food crops;
(C) Fertilizers or organic fertilizers; or
(D) Reproductive materials (such as live animals, fertilized eggs,
embryos, and semen) for the production of food animals.
(2) Medicine. For the purposes of this section, medicine is an item
that falls within the definition of the term ``drug'' in section 201 of
the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321).
(3) Medical devices. For the purposes of this section, a medical
device is an item that falls within the definition of ``device'' in
section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321).
Note 1 to Sec. 516.512: This section does not relieve any
person authorized thereunder from complying with any other
applicable laws or regulations.
Sec. 516.513 Transactions related to closing a correspondent account
or payable-through account.
(a) During the 10-day period beginning on the effective date of the
prohibition in section 4(b)(i) of E.O. 14404, or the imposition of any
such prohibition pursuant to any further Executive order issued
pursuant to the national emergency declared in E.O. 14380, on the
maintaining of a correspondent account or a payable-through account for
a foreign financial institution whose name is added to the List of
Foreign Financial Institutions Subject to Correspondent Account or
Payable-Through Account Sanctions (CAPTA List), which is maintained on
the Office of Foreign Assets Control's website (<a href="https://ofac.treasury.gov">https://ofac.treasury.gov</a>), U.S. financial institutions that maintain
correspondent accounts or payable-through accounts for the foreign
financial institution are authorized to:
(1) Process only those transactions through the account, or permit
the foreign financial institution to execute only those transactions
through the account, that are for the purpose of, and necessary for,
closing the account; and
(2) Transfer the funds remaining in the correspondent account or
the payable-through account to an account of the foreign financial
institution located outside of the United States and close the
correspondent account or the payable-through account.
(b) A report must be filed with the Office of Foreign Assets
Control within 30 days of the closure of an account, providing full
details on the closing of each correspondent account or payable-through
account maintained by a U.S. financial institution for a foreign
financial institution whose name is added to the CAPTA List, maintained
on the Office of Foreign Assets Control's website (<a href="https://ofac.treasury.gov">https://ofac.treasury.gov</a>). Such report must include complete information on
the closing of the account and on all transactions processed or
executed through the account pursuant to this section, including the
account outside of the United States to which funds remaining in the
account were transferred. Reports should be submitted to
<a href="/cdn-cgi/l/email-protection#713e3730322314011e03053105031410020403085f161e07"><span class="__cf_email__" data-cfemail="3d727b7c7e6f584d524f497d494f585c4e484f44135a524b">[email protected]</span></a>.
(c) Specific licenses may be issued on a case-by-case basis to
authorize transactions by a U.S. financial institution with respect to
a correspondent account or a payable-through account maintained by the
U.S. financial institution for a foreign financial institution whose
name is added to the CAPTA List, that are outside the scope of the
transactions authorized in paragraph (a) of this section and/or that
occur beyond the 10-day period authorized in paragraph (a) of this
section. License applications should be filed in conformance with Sec.
501.801 of this chapter.
(d) Nothing in this section authorizes the opening of a
correspondent account or a payable-through account for a foreign
financial institution whose name appears on the CAPTA List.
Note to Sec. 516.513: This section does not authorize a U.S.
financial institution to unblock property or interests in property,
or to engage in any transaction or dealing in property or interests
in property, blocked pursuant to any other part of this chapter, in
the process of closing a correspondent account or a payable-through
account for a foreign financial institution whose name has been
added to the CAPTA List, maintained on the Office of Foreign Assets
Control's website (<a href="https://ofac.treasury.gov">https://ofac.treasury.gov</a>).
Appendix A to Part 516--E.O. 14404 of May 1, 2026
IMPOSING SANCTIONS ON THOSE RESPONSIBLE FOR REPRESSION IN CUBA
AND FOR THREATS TO UNITED STATES NATIONAL SECURITY AND FOREIGN
POLICY
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act
(50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of
title 3, United States Code, and in order to take further steps with
respect to the national emergency declared in Executive Order 14380
of January 29, 2026 (Addressing Threats to the United States by the
Government of Cuba), I hereby determine and order:
Section 1. Policy
The policies, practices, and actions of the Government of Cuba,
as described in Executive Order 14380, continue to constitute an
unusual and extraordinary threat, which has its source in whole or
substantial part outside the United States, to the national security
and foreign policy of the United States. Not only are these
policies, practices, and actions designed to harm the United States,
but they are also repugnant to the moral and political values of
free and democratic societies.
Sec. 2. Sanctionable Conduct
(a) All property and interests in property that are in the
United States, that hereafter come within the United States, or that
are or hereafter come within the possession or control of any United
States persons of the following persons are blocked and may not be
transferred, paid, exported, withdrawn, or otherwise dealt in:
(i) any foreign person determined by the Secretary of State, in
consultation with the Secretary of the Treasury; or by the Secretary
of the Treasury, in consultation with the Secretary of State:
(A) to operate in or have operated in the energy, defense and
related materiel, metals and mining, financial services, or security
sector of the Cuban economy, or any other sector of the Cuban
economy, as may be determined by the Secretary of the Treasury, in
consultation with the Secretary of State;
(B) to be owned, controlled, or directed by, or to have acted or
purported to act for or on behalf of, directly or indirectly, the
Government of Cuba or any person whose property or interests in
property are blocked pursuant to this order;
(C) to own or control, directly or indirectly, any person whose
property or interests in property are blocked pursuant to this
order;
(D) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to or in support of, the Government of Cuba or any person
whose property or interests in property are blocked pursuant to this
order;
(E) to be or have been a leader, official, senior executive
officer, or member of the board of directors of the Government of
Cuba or an entity whose property or interests in property are
blocked pursuant to this order;
(F) to be a political subdivision, agency, or instrumentality of
the Government of Cuba;
(G) to be responsible for or complicit in, or to have directly
or indirectly engaged in or
[[Page 61757]]
attempted to engage in, serious human rights abuse in Cuba;
(H) to be responsible for or complicit in, or to have directly
or indirectly engaged or attempted to engage in, corruption related
to Cuba, including corruption by, on behalf of, or otherwise related
to the Government of Cuba, or a current or former official at any
level of the Government of Cuba, such as the misappropriation of
public assets, expropriation of private assets for personal gain or
political purposes, or bribery; or
(I) to be an adult family member of a person designated pursuant
to this order.
(b) The prohibitions in subsection (a) of this section apply
except to the extent provided by statutes, or in regulations,
orders, directives, or licenses that are issued pursuant to this
order, and notwithstanding any contract entered into or any license
or permit granted prior to the date of this order; except that this
subsection shall not apply to activities authorized by, and shall
not affect the validity of, any license issued pursuant to part 515
of chapter 31 of the Code of Federal Regulations.
(c) Except to the extent required by section 203(b) of IEEPA (50
U.S.C. 1702(b)), or provided in regulations, orders, directives, or
licenses that are issued pursuant to this order, and notwithstanding
any contract entered into or any license or permit granted prior to
the date of this order:
(i) any transaction or dealing by United States persons or
within the United States in property or interests in property
blocked pursuant to this order is prohibited, including but not
limited to the making or receiving of any contribution of funds,
goods, or services to or for the benefit of those persons whose
property or interests in property are blocked pursuant to this
order;
(ii) any transaction by any United States person or within the
United States that evades or avoids, or has the purpose of evading
or avoiding, or attempts to violate, any of the prohibitions set
forth in this order is prohibited; and
(iii) any conspiracy formed to violate any of the prohibitions
set forth in this order is prohibited.
(d) I hereby determine that the making of donations of the type
specified in
section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by United
States persons to persons determined to be subject to subsection (a)
of this section would seriously impair my ability to deal with the
national emergency declared in Executive Order 14380, and I hereby
prohibit such donations.
(e) For those persons determined to be subject to subsection (a)
of this section who might have a constitutional presence in the
United States, I find that, because of the ability to transfer funds
or assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render these measures
ineffectual. I therefore determine that, for these measures to be
effective in addressing the national emergency declared in Executive
Order 14380, there need be no prior notice of a listing or
determination made pursuant to subsection (a) of this section.
Sec. 3. Travel
(a) I hereby find the unrestricted immigrant and nonimmigrant
entry into the United States of aliens determined to meet one or
more of the criteria in section 2(a)(i) of this order would be
detrimental to the interests of the United States, and I hereby
suspend entry into the United States, as immigrants or
nonimmigrants, of such persons, except where the Secretary of State,
or the Secretary of State's designee, determines that the person's
entry is in the national interest of the United States. Such persons
shall be treated in the same manner as persons covered by section 1
of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens
Subject to United Nations Security Council Travel Bans and
International Emergency Economic Powers Act Sanctions).
Sec. 4. Foreign Financial Institutions
(a) The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to impose on a foreign
financial institution one or more of the sanctions described in
subsection (b) of this section upon determining that the foreign
financial institution has conducted or facilitated any significant
transaction or transactions for or on behalf of any person whose
property or interests in property are blocked pursuant to this
order.
(b) With respect to any foreign financial institution determined
to meet the criteria set forth in subsection (a) of this section,
the Secretary of the Treasury, in consultation with the Secretary of
State, may:
(i) prohibit the opening of, or prohibit or impose strict
conditions on the maintenance of, correspondent accounts or payable-
through accounts in the United States; and
(ii) block all property and interests in property that are in
the United States, that hereafter come within the United States, or
that are or hereafter come within the possession or control of any
United States person of such foreign financial institution, and
provide that such property and interests in property may not be
transferred, paid, exported, withdrawn, or otherwise dealt in. The
prohibitions described in this subsection shall include the making
of any contribution or provision of funds, goods, or services by,
to, or for the benefit of any person whose property or interests in
property are blocked pursuant to this subsection; and the receipt of
any contribution or provision of funds, goods, or services from any
such person.
(c) The sanctions described in subsection (b) of this section
apply except to the extent provided by statutes, or in regulations,
orders, directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any license
or permit granted before the date of this order; except that this
subsection shall not apply to activities authorized by, and shall
not affect the validity of, any license issued pursuant to part 515
of chapter 31 of the Code of Federal Regulations.
(d) I hereby determine that the making of donations of the types
of articles specified in section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)) by, to, or for the benefit of any person whose property
or interests in property are blocked pursuant to subsection (b) of
this section would seriously impair my ability to deal with the
national emergency declared in Executive Order 14380, and I hereby
prohibit such donations.
Sec. 5. Delegation
Consistent with applicable law, the Secretary of State and the
Secretary of the Treasury are directed and authorized to take all
actions necessary to implement and effectuate this order--including
through temporary suspension or amendment of regulations or through
notices in the Federal Register and by adopting rules, regulations,
or guidance--and to employ all powers granted to the President,
including by IEEPA, as may be necessary to implement this order. The
head of each executive department and agency (agency) is authorized
to and shall take all appropriate measures within the agency's
authority to implement this order. The head of each agency may,
consistent with applicable law, including section 301 of title 3,
United States Code, redelegate the authority to take such
appropriate measures within the agency.
Sec. 6. Reporting Directives
The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized and directed to submit
recurring and final reports to the Congress on the national
emergency declared in, and authorities exercised by, Executive Order
14380, consistent with section 401 of the NEA (50 U.S.C. 1641) and
section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 7. Definitions
For the purposes of this order:
(a) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(b) the term ``Government of Cuba'' means the Government of
Cuba, any political subdivision, agency, or instrumentality thereof,
including the Central Bank of Cuba, and any person owned,
controlled, or acting for or on behalf of, the Government of Cuba;
(c) the term ``person'' means an individual or entity;
(d) the term ``United States person'' means any United States
citizen, lawful permanent resident, entity organized under the laws
of the United States or any jurisdiction within the United States
(including foreign branches of such entities), or any person in the
United States; and
(e) the term ``foreign financial institution'' means any foreign
entity that is engaged in the business of accepting deposits;
making, granting, transferring, holding, or brokering loans or
credits; purchasing or selling foreign exchange, securities,
futures, or options; or procuring purchasers and sellers thereof, as
principal or agent. It includes but is not limited to depository
institutions; banks; savings banks; money services businesses;
operators of credit card systems; trust companies; insurance
companies; securities brokers and dealers; futures and options
brokers and dealers; forward contract and foreign exchange
merchants; securities and commodities exchanges; clearing
corporations; investment companies; employee benefit plans; dealers
in precious metals, stones, or jewels; and holding
[[Page 61758]]
companies, affiliates, or subsidiaries of any of the foregoing. The
term does not include the international financial institutions
identified in 22 U.S.C. 262r(c)(2), the International Fund for
Agricultural Development, the North American Development Bank, or
any other international financial institution so notified by the
Office of Foreign Assets Control.
Sec. 8. General Provisions
(a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or
agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management
and Budget relating to budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with applicable
law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or
in equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any
other person.
(d) The costs for publication of this order shall be borne by
the Department of State.
Donald J. Trump
The White House,
May 1, 2026.
Bradley T. Smith,
Director, Office of Foreign Assets Control, Department of the Treasury.
[FR Doc. 2026-19977 Filed 9-29-26; 8:45 am]
BILLING CODE 4810-AL-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 30, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.