License Categories

OVERVIEW

Under current United States Treasury regulations, there are several categories of licenses available to Americans who wish to visit Cuba. Each category has its own set of specific requirements, which are outlined briefly below with a link to the relevant language in the Code of Federal Regulations. We will be happy to assist you in deciding which makes the most sense for you, so please don’t hesitate to contact us with any specific questions or concerns!
    

Support for the Cuban People

This license category is available to individual travelers as well as to organizations dedicated to human rights and the promotion of democracy. In order to use this license, a traveler must pursue a full-time schedule of activities that "promote independent activity intended to strengthen civil society in Cuba."

Under current regulations, this is often the easiest way for Americans to visit Cuba without the support of a sponsoring organization, as long as travelers are able to maintain an itinerary consistent with the aforementioned requirements. If you elect to plan a trip under this license category, our team will work with you to design an itinerary that is consistent with these requirements. 

Read the full text here.

Educational Activities

This license category encompasses several subcategories of authorized travel to Cuba, available both to those who are affiliated with an educational institution and those who are not. 

If you are visiting Cuba as part of an academic program: This license category is available to those pursuing a course offered by a US institution, participating in a program at an accredited Cuban institution, teaching at a Cuban academic institution, educational exchanges, participating in academic seminars, or facilitating the execution of these program.

If you are not visiting Cuba as part of an academic program: A subsection of this license category, commonly known as the "people-to-people" license is available to those who wish to visit Cuba but are not currently enrolled in any of the above qualifying programs. In order to employ this license, a traveler must meet the following main requirements:

1. The traveler must engage in a "full-time schedule of activities intended to enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities" and maintain an itinerary that will "result in meaningful interaction between the traveler and individuals in Cuba."

2. The program must be sponsored by an organization that is subject to US jurisdiction.

3. The traveler must be accompanied by a representative from the aforementioned organization to ensure that he/she is maintaining a full-time schedule of educational activities.

BPH Cuba can serve as the sponsoring organization for such programs, but require (pursuant to the regulations) that all groups employing this license category travel with a US-based representative of the program, who will be with your group for the duration of the program. Please feel free to contact us for more details about these programs.

Read the full text here.

Family Visits

This license category is available to US citizens or green card holders who wish to visit a close relative who is either a national of Cuba or a person who is ordinarily a resident of Cuba. If you are unsure if you qualify for this category, please contact us!

Read the full text here.

Official Business of the US Government, Foreign Governments & Certain Intergovernment Organizations

If you are an employee, contractor, or grantee of the US government or another foreign government, and the trip is directly incident to your work, you might qualify for this license category. 

Read the full text here.

Journalistic Activity

In order to qualify for the journalistic activity license, a traveler must either be a currently employed journalist or supporting personnel of a news or broadcast organization, or a freelance journalist "with a record of previous journalistic experience working on a freelance journalistic project." Additionally, the program must not include "free time or recreation in excess of that consistent with a full-time schedule."

Please note: Beyond the US government's licensing requirements for journalists, there are additional regulations of the Cuban government for this type of travel. If you wish to pursue this license category, we encourage you to contact us to discuss those requirements.

Read the full text here.

Professional Research and Professional Meetings

Professional Research: Individuals may visit Cuba with the purpose of professional research, as long as said research "relates to the traveler's profession, professional background, or read of expertise, including area of graduate-level full-time study." Additionally, those wishing to pursue professional research in Cuba must ensure that their visit does not include recreational travel, excess free time, or research that is either "in pursuit of a hobby" or "research for personal satisfaction only."

Professional Meetings: One may employ this license category to attend professional meetings and conferences in Cuba, so long that: a) the meeting/conference in question relates to one's professional profession (excluding tourism); and b) the traveler does not engage in recreational/tourist travel. It is important to note that this license category is available only to the meeting participants; traveling with someone who qualifies for this license does not mean other participants automatically qualify as well.

Read the full text here.

Religious Activities

This license category is available to individuals and religious organizations who wish to plan travel that is directly incident to engaging in religious activities in Cuba. Participants must engage in a full-time schedule of religious activities, and avoid recreational/tourist travel. It should also be noted that this license category does not authorize financial or material donations to either Cuba or Cuban nationals.

Read the full text here.

Public Performances, Athletic/Non-Athletic Competitions, Exhibitions

If the purpose of your trip to Cuba is to participate in a performance, competition, or exhibition, your trip may qualify under this license category. Athletic competitions must be held under the auspices of an international sports federation, and participants must be selected by the relevant U.S. federation. All other public performances must be open for attendance by the Cuban public, and all profits from events must be donated to an independent U.S.-based NGO promoting people-to-people contact with the Cuban public.

Read the full text here.

Humanitarian Projects

This license category is available to U.S. travelers participating in a humanitarian project that is designed to directly benefit the Cuban people in a number of authorized areas (see full text for a complete list).

Like the above categories, this license also requires a full-time schedule of activities consistent with the aforementioned requirements, excluding recreational/touristic activities.

Please note: Beyond the US government's licensing requirements for humanitarian projects, there are additional regulations of the Cuban government for this type of travel. If you wish to pursue this license category, we encourage you to contact us to discuss those additional requirements.

Read the full text here.

Activities of Private Foundations or Research or Educational Institutes

Use of this license category is restricted to private foundations and research organizations with an established interest in international relations. Participants are required to collect information related to Cuba for noncommercial purposes, and must maintain a full-time schedule of activities pursuant to that work.

Read the full text here.

Exportation, Importation, or Transmission of Information or Informational Materials

If your sole purpose of visiting Cuba is to either import or export qualified informational materials - art, music, books, etc. - you might qualify for this license category, so long as you maintain a full-time schedule of activities consistent with that work and follow all relevant Department of Commerce regulations governing the import/export of materials to Cuba. For more detail on this license category, we encourage you to

Read the full text here.

EDUCATIONAL ACTIVITIES

a) General license for educational activities. Persons subject to U.S. jurisdiction, including U.S. academic institutions and their faculty, staff, and students, are authorized to engage in the travel-related transactions set forth in § 515.560(c) and such additional transactions as are directly incident to:

(1) Participation in a structured educational program in Cuba as part of a course offered for credit by a U.S. graduate or undergraduate degree-granting academic institution that is sponsoring the program;

(2) Noncommercial academic research in Cuba specifically related to Cuba and for the purpose of obtaining an undergraduate or graduate degree;

(3) Participation in a formal course of study at a Cuban academic institution, provided the formal course of study in Cuba will be accepted for credit toward the student’s graduate or undergraduate degree;

(4) Teaching at a Cuban academic institution related to an academic program at the Cuban institution, provided that the individual is regularly employed by a U.S. or other non-Cuban academic institution;

(5) Sponsorship, including the payment of a stipend or salary, of a Cuban scholar to teach or engage in other scholarly activity at the sponsoring U.S. academic institution (in addition to those transactions authorized by the general license contained in § 515.571). Such earnings may be remitted to Cuba as provided in § 515.570 or carried on the person of the Cuban scholar returning to Cuba as provided in § 515.560(d)(3);

(6) Educational exchanges sponsored by Cuban or U.S. secondary schools involving secondary school students’ participation in a formal course of study or in a structured educational program offered by a secondary school or other academic institution and led by a teacher or other secondary school official. This includes participation by a reasonable number of adult chaperones to accompany the secondary school students to Cuba.

(7) Sponsorship or co-sponsorship of noncommercial academic seminars, conferences, and workshops related to Cuba or global issues involving Cuba and attendance at such events by faculty, staff, and students of a participating U.S. academic institution;

(8) The organization of, and preparation for, activities described in paragraphs (a)(1) through (a)(7) of this section by members of the faculty and staff of the sponsoring U.S. academic institution or secondary school; or

(9) Facilitation by an organization that is a person subject to U.S. jurisdiction, or a member of the staff of such an organization, of licensed educational activities in Cuba on behalf of U.S. academic institutions or secondary schools, provided that:

(i) The organization is directly affiliated with one or more U.S. academic institutions or secondary schools;

(ii) The organization facilitates educational activities that meet the requirements of one or more of the general licenses set forth in § 515.565(a)(1), (a)(2), (a)(3), and (a)(6); and

(iii) The educational activities the organization facilitates in Cuba must, by prior agreement, be accepted for credit by the affiliated U.S. academic institution or approved by the affiliated secondary school.

Note 1 to § 515.565(a): U.S. academic institutions or secondary schools engaging in activities authorized pursuant to this section are permitted to open and maintain accounts at Cuban financial institutions for the purpose of accessing funds in Cuba for transactions
authorized pursuant to this section.
 
Note 2 to § 515.565(a): This paragraph authorizes all members of the faculty and staff (including adjunct faculty and part-time staff) of the sponsoring U.S. academic institution to participate in the activities described in this paragraph. A student currently enrolled in a U.S. academic institution is authorized pursuant to this paragraph to participate in the academic activities in Cuba described above through any sponsoring U.S. academic institution.

(b) General license for people-to-people travel. The travel-related transactions set forth in § 515.560(c) and such additional transactions as are directly incident to educational exchanges not involving academic study pursuant to a degree program are authorized, provided that:

(1) The exchanges take place under the auspices of an organization that is a person subject to U.S. jurisdiction and that sponsors such exchanges to promote people-to-people contact;

(2) Travel-related transactions pursuant to this authorization must be for the purpose of engaging, while in Cuba, in a full-time schedule of activities intended to enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities;

(3) Each traveler has a full-time schedule of educational exchange activities that will result in meaningful interaction between the traveler and individuals in Cuba;

(4) An employee, paid consultant, or agent of the sponsoring organization accompanies each group traveling to Cuba to ensure that each traveler has a full-time schedule of educational exchange activities; and

(5) The predominant portion of the activities engaged in by individual travelers is not with individuals or entities acting for or on behalf of a prohibited official of the Government of Cuba, as defined in 31 CFR § 515.337 of this part, or a prohibited member of the Cuban Communist Party, as defined in 31 CFR § 515.338 of this part.

Example to § 515.565(b): An organization wishes to sponsor and organize educational exchanges not involving academic study pursuant to a degree program for individuals to learn side-by-side with Cuban individuals in areas such as environmental protection or the arts. The travelers will have a full-time schedule of educational exchange activities that will result in meaningful interaction between the travelers and individuals in Cuba. The organization’s activities qualify for the general license.

Note to § 515.565(b): An organization that sponsors and organizes trips to Cuba in which travelers engage in individually selected and/or self-directed activities would not qualify for the general license. Authorized trips are expected to be led by the organization and to have a full-time schedule of activities in which the travelers will participate.

Note to § 515.565(a) and (b): Each person relying on the general authorizations in these paragraphs, including entities sponsoring travel pursuant to the authorization in § 515.565(b), must retain specific records related to the authorized travel transactions. See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and reporting requirements.

(c) Transactions related to activities that are primarily tourist-oriented, including self-directed educational activities that are intended only for personal enrichment, are not authorized pursuant to this section.

(d) Specific licenses. Specific licenses may be issued on a case-by-case basis authorizing the travel-related transactions set forth in § 515.560(c) and such other transactions as are related to educational activities that do not qualify for the general licenses under paragraph (a) or (b) of this section.

Official Business of the US Government, Foreign Governments & Certain Intergovernment Organizations

(a) The travel-related transactions set forth in § 515.560(c) and such additional transactions as are directly incident to activities in their official capacities by persons who are employees, contractors, or grantees of the United States Government, any foreign government, or any intergovernmental organization of which the United States is a member or holds observer status, and who are traveling on the official business of their government or intergovernmental organization, are authorized.

(b) All transactions otherwise prohibited by this part that are for the conduct of the official business of the United States Government or of any intergovernmental organization of which the United States is a member, or holds observer status, by employees, grantees, or contractors thereof, are authorized.

Note to § 515.562(a) and (b): Each person relying on the general authorization in this paragraph must retain specific records related to the authorized travel transactions. For example, grantees or contractors relying on the authorization in this section must retain a copy of their grant or contract with the United States Government, foreign government, or intergovernmental organization. See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and reporting requirements.

(c) An entire group does not qualify for the general license in paragraph (a) of this section merely because some members of the group qualify individually.

(d) Specific licenses. Specific licenses may be issued on a case-by-case basis authorizing the travel-related transactions set forth in § 515.560(c) and such other transactions as are related to official government business that do not qualify for the general licenses under paragraph (a) or (b) of this section.

PROFESSIONAL RESEARCH AND PROFESSIONAL MEETINGS

(1) Professional research. The travel-related transactions set forth in § 515.560(c) and such additional transactions as are directly incident to professional research are authorized, provided that:

(i) The purpose of the research directly relates to the traveler’s profession, professional background, or area of expertise, including area of graduate-level full-time study;

(ii) The traveler does not engage in recreational travel, tourist travel, travel in pursuit of a hobby, or research for personal satisfaction only; and

(iii) The traveler’s schedule of activities does not include free time or recreation in excess of that consistent with a full-time schedule of professional research.

Example to § 515.564(a)(1): The making of a documentary film in Cuba would qualify for the general license in this section if it is a vehicle for presentation of the research conducted pursuant to this section.

Note to § 515.564(a)(1): A person does not qualify as engaging in professional research merely because that person is a professional who plans to travel to Cuba.

(2) Professional meetings. The travel-related transactions set forth in § 515.560(c) and such additional transactions as are directly incident to travel to Cuba to attend professional meetings or conferences in Cuba are authorized, provided that:

(i) The purpose of the meeting or conference is not the promotion of tourism in Cuba

(ii) The purpose of the meeting directly relates to the traveler’s profession, professional background, or area of expertise, including area of graduate-level full-time study;

(iii) The traveler does not engage in recreational travel, tourist travel, or travel in pursuit of a hobby; and

(iv) The traveler’s schedule of activities does not include free time or recreation in excess of that consistent with a full-time schedule of attendance at professional meetings or conferences.

Note to § 515.564(a): Each person relying on the general authorization in this paragraph must retain specific records related to the authorized travel transactions. See §§ 501.601 and

501.602 of this chapter for applicable recordkeeping and reporting requirements.

(b) An entire group does not qualify for the general license in paragraph (a) of this section of this section merely because some members of the group qualify individually.

Example to § 515.564(b): A musicologist travels to Cuba to research Cuban music pursuant to the general license for professional research set forth in paragraph (a) of this section. Others who are simply interested in music may not engage in travel-related transactions with the musicologist in reliance on this general license. For example, an art historian who plays in the same band with the musicologist would not qualify for the general license.

(c) Specific licenses. Specific licenses may be issued on a case-by-case basis authorizing the travel-related transactions set forth in § 515.560(c) and such other transactions as are related to professional research or professional meetings in Cuba that do not qualify for the general license under paragraph (a) of this section.

PUBLIC PERFORMANCES, ATHLETIC/NON-ATHLETIC COMPETITIONS, EXHIBITIONS

(a) General license for amateur and semi-professional international sports federation competitions. The travel-related transactions set forth in § 515.560(c) and such other transactions as are directly incident to athletic competition by amateur or semi-professional athletes or athletic teams traveling to participate in athletic competition in Cuba are authorized, provided that:

(1) The athletic competition in Cuba is held under the auspices of the international sports federation for the relevant sport;

(2) The U.S. participants in the athletic competition are selected by the U.S. federation for the relevant sport; and

(3) The competition is open for attendance, and in relevant situations, participation, by the Cuban public.

(b) General license for public performances, clinics, workshops, other athletic or nonathletic competitions, and exhibitions. The travel-related transactions set forth in § 515.560(c) and such other transactions as are directly incident to participation in a public performance, clinic, workshop, athletic competition not covered by paragraph (a) of this section, non-athletic competition, or exhibition in Cuba by participants in such activities are authorized, provided that:

(1) The event is open for attendance, and in relevant situations participation, by the Cuban public;

(2) All U.S. profits from the event after costs are donated to an independent nongovernmental organization in Cuba or a U.S.-based charity, with the objective, to the extent possible, of promoting people-to-people contacts or otherwise benefiting the Cuban people; and

(3) Any clinics or workshops in Cuba must be organized and run, at least in part, by the authorized traveler.

Example to § 515.567(a) and (b): An amateur baseball team wishes to travel to Cuba to compete against a Cuban team in a baseball game in Cuba. The game will not be held under the auspices of the international sports federation for baseball. The baseball team’s activities therefore would not qualify for the general license in paragraph(a). The game will, however, be open to the Cuban public and any profits after costs from the game will be donated to an independent non-governmental organization in Cuba. The baseball team’s activities would qualify for the general license in paragraph (b).

Note to § 515.567(a) and (b): Each person relying on the general authorizations in these paragraphs must retain specific records related to the authorized travel transactions. See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and reporting requirements.

(c) An entire group does not qualify for the general license in paragraph (a) or (b) of this section merely because some members of the group qualify individually.

(d) Specific licenses. Specific licenses may be issued on a case-by-case basis authorizing the travel-related transactions set forth in § 515.560(c) and such other transactions as are related to public performances, clinics, workshops, athletic and other competitions, and exhibitions that do not qualify for the general licenses under paragraphs (a) or (b) of this section.

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ACTIVITIES OF PRIVATE FOUNDATIONS OR RESEARCH OR EDUCATIONAL INSTITUTES

(a) General license. The travel-related transactions set forth in § 515.560(c) and such additional transactions as are directly incident to activities by private foundations or research or educational institutes with an established interest in international relations to collect information related to Cuba for noncommercial purposes are authorized, provided that the traveler’s schedule of activities does not include free time or recreation in excess of that consistent with a full-time schedule.

Example to § 515.576(a): A private research foundation that produces essays on international relations issues wishes to send a team made up of its employees and consultants to Cuba to collect information for a current study of the relationship that countries in the Western Hemisphere have with European countries. Provided that all of the employees and consultants on the team maintain a full-time schedule of activities relating to the collection of information for the study, these activities qualify for the general license.

Note to § 515.576(a): Each person relying on the general authorization in this paragraph must retain specific records related to the authorized travel transactions. See §§ 501.601 and 501.602 of this chapter for applicable recordkeeping and reporting requirements.

(b) An entire group does not qualify for the general license in paragraph (a) of this section merely because some members of the group qualify individually.

(c) Specific licenses. Specific licenses may be issued on a case-by-case basis authorizing the travel-related transactions set forth in § 515.560(c) and such other transactions as are related to activities of private foundations or research or educational institutes that do not qualify for the general license under paragraph (a) of this section.