Longtime friend and blog reader Pat had a good catch (so to speak) with respect to yesterday’s post on the Ernest Hemingway International Billfishing Tournament in Cuba. The post noted that participation in the tournament by U.S. persons might be covered by the new OFAC General License in section 515.567(b) relating to participation in competitions in Cuba. Whether that license would apply depends upon whether Cubans could participate in the tournament, something which I thought was perhaps affected by the high cost of participation in the tournament.

Even if the OFAC license applied, U.S. participants who wanted to take their own boats into Cuban waters would need to deal with the temporary export of the boat into Cuban territorial waters, an export controlled by BIS. I noted that BIS had granted such licenses, but Pat pointed out in a comment to yesterday’s post that last September BIS amended license exception AVS to permit temporary sojourns of less than 14 days by U.S. recreational boats in Cuban waters as long as it was pursuant to travel authorized by a general or specific license from OFAC.

That’s a great point, and I had forgotten about the amendment to License Exception AVS. It also, given the 14 day sojourn limitation, raises the issue of the OFAC rule in section 515.207 that prohibits a boat that has entered Cuban waters and purchased goods (in this case, think live bait) from entering a U.S. port for 180 days.

OFAC does have an exception in section 515.550 for return in advance of this date by “vessel used solely for personal travel (and not transporting passengers)” and where the export was covered by BIS’s license exception AVS. As usual, OFAC’s drafting leaves much to be desired given that the distinction between personal travel and transporting passengers may not always be clear. Probably the distinction rests on whether the other passengers are paying or not, excluding, I suppose, personal friends sharing expenses. But I’m not sure I would want to run the risk of overstepping this not very well drawn line.

What about chartering a fishing boat in Miami to participate in the tournament? Although that would still probably be a “recreational vessel” covered by license exception AVS, it’s not clear whether that would be personal travel (by the charterers) or transporting passengers (by the captain and crew). I, for one, would want specific guidance from OFAC before getting on that boat.

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