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Cuban Assets Control Regulations

The Cuban Assets Control Regulations, (CACR) 31 CFR 515, generally regulate relations between Cuba and the U.S. and are the main mechanism of domestic enforcement of the United States embargo against Cuba.[1]

President Kennedy enacted the Cuban Assets Control Regulations on July 8, 1963.[1] Its authority comes from the Trading with the Enemy Act, passed in 1917, which gives the President the authority to allow or deny property transfers between the United States and citizens of enemy nations.[2] In 1950, the Department of Treasury established the Office of Foreign Assets Control in order to administer and enforce economic sanctions consistent with the Trading with the Enemy Act.[3] The Office of Foreign Assets Control (OFAC) has the authority to regulate and amend the CACR to be consistent with the policies and goals of the executive administration.  

The Regulations prohibit any person subject to U.S. jurisdiction from dealing in any property in which Cuba or a Cuban national has an interest. All property of Cuba and Cuban nationals in the possession or control of persons subject to U.S. jurisdiction is "blocked." Blocking is a "complete prohibition against transfers or transactions of any kind."[4] Payments, transfers, withdrawals, or other dealings are prohibited with regard to blocked property unless authorized by the Treasury Department.[4] Except as specifically authorized by the Secretary of the Treasury, the Cuban Assets Control Regulations prohibited all transactions dealing with property in which Cuba has any interest in whatsoever, direct or indirect.[5][4]  The Regulations allow the Office of Foreign Assets Control to interpret these "trade" regulations to cover not just standard trade between nations, but also to extend to travel-related expenditures that effectively make it illegal for an individual to travel to Cuba.[6][7]

While previously under the exclusive control of the Executive, The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, known better as the Helms-Burton Act, explicitly codified the embargo into legislation.[6] The bill language specifically states “all restrictions under part 515 of title 31, Code of Federal Regulations, shall be in effect upon the enactment of this Act."[8] The President was left broad discretion to establish such categories and limitations on travel to Cuba.[6] However, through this codification only Congress retains the power to fully remove the embargo.[8]

  1. ^ a b Cuban Assets Control Regulations, 31 C.F.R 515.
  2. ^ Trading with the Enemy Act, 12 USCS § 95a.
  3. ^ Basic Information on OFAC and Sanctions, Office of Foreign Assets Control, https://ofac.treasury.gov/faqs/topic/1501.
  4. ^ a b c Enrique Zamora, Impact of the Cuban Embargo on Inheritance by Cuban Nationals, 24 St. Thomas L. Rev. 525 (2012).
  5. ^ 31 C.F.R. § 515.201(b).
  6. ^ a b c Jarrett Barrios, People First: The Cuban Travel Ban, Wet Foot-Dry Foot and Why the Executive Branch Can and Should Begin Normalizing Cuba Policy, 11 Conn. Pub. Int. L.J. 1 (2011).
  7. ^ Regan v. Wald, 468 U.S. 222, 224 (1984).
  8. ^ a b 22 USCS § 6032(h).

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