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GAO-09-951R 1 (2009-09-17)

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United States Government Accountability Office
Washington, DC 20548


   September 17, 2009

   The Honorable Charles B. Rangel
   Chairman
   Committee on Ways and Means
   House of Representatives

   The Honorable Jeff Flake
   House of Representatives

   The Honorable Barbara Lee
   House of Representatives

   Subject: U.S. Embargo on Cuba: Recent Regulatory Changes and Potential
   Presidential or Congressional Actions

   Since the early 1960s, the United States has maintained an embargo on Cuba through
   various laws, regulations, and presidential proclamations regarding trade, travel, and
   financial transactions. A stated purpose of the embargo-the most comprehensive set of
   U.S. economic sanctions on any country-is to deny hard currency to the Cuban
   government. The embargo, which the President has broad authority to modify, is
   implemented primarily by the Department of the Treasury (Treasury) through regulation
   of financial transactions with Cuba and by the Department of Commerce (Commerce)
   through regulation of the export of commodities, software, and technology to Cuba.'
   Modifications to the embargo by legislation and presidential policy directives in the
   1990s and early 2000s alternately eased and tightened restrictions on travel, remittances,2
   gifts, and exports to Cuba. In September 2009, responding to legislation passed in March
   and presidential policy directives issued in April, Treasury and Commerce published
   regulatory changes that further ease some embargo restrictions.


   'The Department of Homeland Security (DHS), acting through U.S. Customs and Border Protection (CBP),
   U.S. Immigration and Customs Enforcement, and the U.S. Coast Guard, also has a primary role in enforcing
   the embargo. For example, CBP enforces the Air Commerce Regulations (19 CFR Part 122.151 et seq.),
   which govern aircraft travel to Cuba, restricting it to certain points of arrival and departure under specified
   circumstances and conditions. The Coast Guard enforces the Unauthorized Entry Into Cuban Territorial
   Waters Regulations (UEC Regulations) (33 CFR Part 107), which restricts vessels traveling to Cuba. These
   Coast Guard regulations were issued under authority of Presidential Proclamation 6867 (Mar. 1, 1996) and
   Presidential Proclamation 7757 (Feb. 26, 2004). However, this report does not focus on enforcement of the
   embargo from the perspective of DHS or its component agencies.
   2A remittance is a payment of money sent to a person in another place. Generally recognized forms of
   remittances include international transfers of funds sent by immigrants or migrant workers from the
   country where they live and work to individuals (typically family members) in the immigrants' or migrant
   workers' country of origin.


GAO-09-951R U.S.Embargo on Cuba

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