Saturday, February 14, 2015

The State Department's Section 515.582 List

The State Department's Section 515.582 List

BUREAU OF ECONOMIC AND BUSINESS AFFAIRS
February 13, 2015
Goods and Services Eligible for Importation
In accordance with the policy changes announced by the President on
December 17, 2014, to further engage and empower the Cuban people,
Section 515.582 of the Cuban Assets Control Regulations (31 CFR Part 515
– the CACR) authorizes the importation into the United States of certain
goods and services produced by independent Cuban entrepreneurs as
determined by the State Department as set forth on the Section 515.582
List, below.

Goods

The goods whose import is authorized by Section 515.582 are goods
produced by independent Cuban entrepreneurs, as demonstrated by
documentary evidence, that are imported into the United States directly
from Cuba, except for goods specified in the following sections/chapters
of the Harmonized Tariff Schedule of the United States (HTS):

Section I: Live Animals; Animal Products
All chapters
Section II: Vegetable Products
All chapters
Section III: Animal or Vegetable Fats and Oils and their Cleavage
Products; Prepared Edible Fats; Animal or Vegetable Waxes
All chapters
Section IV: Prepared Foodstuffs; Beverages, Spirits, and Vinegar;
Tobacco and Manufactured Tobacco Substitutes
All chapters
Section V: Mineral Products
All chapters
Section VI: Products of the Chemical or Allied Industries
Chapters 28-32; 35-36, 38
Section XI: Textile and Textile Articles
Chapters 51-52
Section XV: Base Metals and Articles of Base Metal
Chapters 72-81
Section XVI: Machinery and Mechanical Appliances; Electrical Equipment;
Parts Thereof; Sound Recorders and Reproducers, Television Image and
Sound Recorders and Reproducers, and Parts and Accessories of Such Articles
All chapters
Section XVII: Vehicles, Aircraft, Vessels, and Associated Transportation
Equipment
All chapters
Section XIX: Arms and Ammunition; Parts and Accessories Thereof
All chapters
Persons subject to U.S. jurisdiction engaging in import transactions
involving goods produced by an independent Cuban entrepreneur pursuant
to § 515.582 must obtain documentary evidence that demonstrates the
entrepreneur's independent status, such as a copy of a license to be
self-employed issued by the Cuban government or, in the case of an
entity, evidence that demonstrates that the entrepreneur is a private
entity that is not owned or controlled by the Cuban government.

This list does not supersede or excuse compliance with any additional
requirements in U.S. law or regulation, including the relevant duties as
set forth on the HTS.

For travelers importing authorized goods into the United States pursuant
to § 515.582 as accompanied baggage, the $400 monetary limit set forth
in § 515.560(c)(3) does not apply to such goods, but goods may be
subject to applicable duties, fees, and taxes.

Services

The authorized services pursuant to 31 CFR 515.582 are services supplied
by an independent Cuban entrepreneur in Cuba, as demonstrated by
documentary evidence. Persons subject to U.S. jurisdiction engaging in
import transactions involving services supplied by an independent Cuban
entrepreneur pursuant to § 515.582 are required to obtain documentary
evidence that demonstrates the entrepreneur's independent status, such
as a copy of a license to be self-employed issued by the Cuban
government or, in the case of an entity, evidence that demonstrates that
the entrepreneur is a private entity that is not owned or controlled by
the Cuban government. Supply of services must comply with other
applicable state and federal laws.


Note 1: All payments in settlement of transactions authorized by §
515.582 should reference this section in order to avoid having them
rejected.

Note 2: The authorization in §515.582 of the CACR does not supersede or
excuse compliance with U.S. laws or regulations or any other additional
requirements.

Note 3: The Department of State, in consultation with other federal
agencies, reserves the right to update this document periodically. Any
subsequent updates will take effect when published on the webpage of the
Bureau of Economic and Business Affairs' Office of Sanctions Policy and
Implementation (http://www.state.gov/e/eb/tfs/spi). Updates will also be
published in the Federal Register. For further information, please
contact the State Department at 202-647-7489.

Note 4: For provisions relating to recordkeeping and reports, see 31
CFR§§ 501.601 and501.602 and 19 CFR Part 163.

Source: The State Department's Section 515.582 List -
http://www.state.gov/e/eb/tfs/spi/cuba/515582/237471.htm

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