[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.
[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.
[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.
Licenses and authorization dealing with travel and transactions under the CACR are available and regularly being amended in order to be consistent with the policies of the current President’s administration.
[7] A full list of travel licenses and travel-related transactions authorized by the Cuban Assets Control Regulation can be found under the Code of Federal Registration, title 31, subtitle B, chapter 5, part 515, section 560.
[13] As of 2020, travel to Cuba may be authorized either by a general license or on a case-by-case basis by a specific license for travel related to the following activities: Office of Foreign Assets Control amended the Cuban Assets Control Regulations to implement elements of the policy announced by the Biden Administration on May 16, 2022, to increase support for the Cuban people.
Even before taking office, Trump promised to reverse the Obama administration's policies calling it a “completely one-sided deal with Cuba.
[30] The Obama administration made the most substantial steps in easing the embargo by relaxing as many of the CACR provisions as his authority as the President allowed.
[31] U.S residents were also allowed to send other types of gifts to their families living in Cuba, including clothing and personal hygiene items.
[36] These transactions included construction contracts to erect buildings for such groups, and the provision of "civic education" and training in community organizing.
[36] Following Pope John Paul II's historic visit to Cuba in 1998, the Clinton administration amended the CACR in order to “further build” on the U.S. relations with the Cuban people.
In addition, OFAC authorized sales of agricultural products and food to non-governmental entities, such as religious groups, family restaurants, and private farms.
[7] The court noted that at the time of the amendment tensions were high with Cuba and the restrictions put in place out of concern for national security were based in the reality.