OFAC has just released a new Cuban Remittance Affidavit Form TD F90-22.52.

This is the suggested form for the collection of information showing compliance with the remittance provisions in section 570 of the Cuban Assets Control Regulations (31 CFR Part 515).

It has been updated to reflect January 2011 policy changes that, among other things, expand licensing of remittances to Cuba.

The previous version is now obsolete.

The following remittances are authorized pursuant to 31 CFR § 515.570

A. Unlimited Family and Family Inherited Remittances: Unlimited remittances may be sent to a close relative* who is a national of Cuba by a remitter who is 18 years of age or older. Additionally, funds deposited in a blocked account in a banking institution in the United States may be remitted to a Cuban national in whose name, or for whose beneficial interest, the account is held provided all of the funds in the account were inherited from a close relative* of the Cuban national payee as a result of a valid testamentary disposition, intestate succession, or payment from a life insurance policy or annuity contract triggered by the death of the policy or contract holder. These remittances may not be made for emigration-related purposes, and they may not be made to a prohibited official of the Government of Cuba or a prohibited member of the Cuban Communist Party.**

B. Periodic $500 Remittances: Up to $500 in any consecutive three-month period may be remitted to any one Cuban national provided that the remittances are not made from a blocked source and that the remitter, if an individual, is 18 years of age or older. These remittances may not be made for emigration-related purposes, and they may not be made to a prohibited official of the Government of Cuba or a prohibited member of the Cuban Communist Party.**

C. Unlimited Remittances to Religious Organizations: Unlimited remittances may be sent to religious organizations in Cuba in support of religious activities, provided that the remittances are not made from a blocked source and that the remitter, if an individual, is 18 years of age or older.

D. Remittances to Students in Cuba Pursuant to an Educational License: Remittances may be sent to a close relative* who is a student in Cuba pursuant to an educational license by a remitter who is 18 years of age or older provided that the remittances are not made from a blocked source and are for the purpose of funding transactions authorized by the educational license under which the student is traveling.

E. Limited Emigration Remittances: Up to $2,000 per payee may be remitted to enable the payee to emigrate from Cuba to the United States. One remittance of no more than $1,000 may be sent before the payee has received a valid visa from the U.S. State Department for the purpose of covering the payee’s preliminary emigration expenses. Once the payee has received a valid visa from the U.S. State Department, up to an additional $1,000 may be remitted for the purpose of enabling the payee to emigrate from Cuba to the United States, including for the purchase of airline tickets and payment of exit or third-country visa fees or other travel-related fees. Funds deposited in a blocked account in a banking institution in the United States may be remitted consistent with these criteria only if the payee is the Cuban national in whose name, or for whose beneficial interest, the account is held and the account is the result of a valid testamentary disposition, intestate succession, or payment from a life insurance policy or annuity contract triggered by the death of the policy or contract holder.

F. Periodic Remittances from Blocked Accounts: Up to $300 in any consecutive three-month period may be remitted from any blocked account in a banking institution in the United States to a Cuban national in a third country who is an individual in whose name, or for whose beneficial interest, the account is held. These remittances may not be made for emigration-related purposes, and they may not be made to a prohibited official of the Government of Cuba or a prohibited member of the Cuban Communist Party.**

* The term “close relative” is defined in 31 CFR § 515.339 to mean any individual related to you by blood, marriage, or adoption who is no more than three generations removed from you or from a common ancestor with you.

** The term “prohibited official of the Government of Cuba” is defined in 31 CFR § 515.337 to mean Ministers and Vice-ministers, members of the Council of State and the Council of Ministers; members and employees of the National Assembly of People’s Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense of the Revolution; Director Generals and sub-Director Generals and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior (MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the Confederation of Labor of Cuba (CTC) and its component unions; chief editors, editors, and deputy editors of Cuban state-run media organizations and programs, including newspapers, television, and radio; and members and employees of the Supreme Court (Tribuno Supremo Nacional). The term “prohibited member of the Cuban Communist Party” is defined in 31 CFR § 515.338 to mean members of the Politburo, the Central Committee, Department Heads of the Central Committee, employees of the Central Committee, and secretaries and first secretaries of the provincial Party central committees.

—————————————- Havana Journal Comments—————————————-

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