§ 515.578 Exportation, reexportation, and importation of certain internet-based services; importation of software. ( a ) Except as provided in paragraph (b) of this section, the following transactions are authorized: ( 1 ) *Certain internet-based services.* The exportation or reexportation, directly or indirectly, from the United States or by a person subject to U.S. jurisdiction to Cuba of the following services: ( i ) Services incident to the exchange of communications over the internet, such as instant messaging, chat and email, social networking, sharing of photos and movies, web browsing, blogging, web hosting provided that it is not for the promotion of tourism, domain name registration services, social media platforms, collaboration platforms, video conferencing, e-gaming and e-learning platforms, automated translation, web maps, and user authentication services; and
( ii ) Services to support the exchange of communications over the internet, such as software design, business consulting, information technology management services, and cloud-based services, to support services described in paragraph (a)(1)(i) of this section.
( 2 ) *Services related to certain exportations and reexportations.* To the extent not authorized by § 515.533, the exportation or reexportation of services, including training, to install, repair, or replace items related to communications, or items used to develop software that improves the free flow of information or that will support private sector activities in Cuba consistent with the export or reexport licensing policy of the Department of Commerce, provided that any such item subject to the Export Administration Regulations, 15 CFR parts 730 through 774, is licensed or otherwise authorized by the Department of Commerce for exportation or reexportation to Cuba.
( 3 ) *Importation into the United States of certain items previously exported to Cuba.* To the extent not authorized by § 515.533 or § 515.560, the importation into the United States of items described in paragraph (a)(2) of this section by an individual entering the United States, directly or indirectly, from Cuba.
( 4 ) *Exportation, reexportation, or provision of certain internet-based services to certain end-users.* ( i ) The exportation or reexportation, directly or indirectly, from the United States or by persons subject to U.S. jurisdiction, to a prohibited official of the Government of Cuba, as defined in § 515.337, or a prohibited member of the Cuban Communist Party, as defined in § 515.338, of services described in paragraphs (a)(1) or (2) of this section provided that such services are widely available to the public at no cost to the user.
( ii ) The exportation or reexportation, directly or indirectly, from the United States or by persons subject to U.S. jurisdiction, to organizations administered or controlled by the Government of Cuba or the Cuban Communist Party of the following services: ( A ) Services described in paragraph (a)(1) of this section, and
( B ) Services described in paragraph (a)(2) of this section provided that such services are widely available to the public at no cost to the user. Note 1 to § 515.578 ( a
):
The export or reexport to Cuba of items subject to the Export Administration Regulations (15 CFR parts 730 through 774) may require separate authorization from the Department of Commerce.
Note 2 to § 515.578 ( a
):
For an authorization of transactions related to the provision of telecommunications services, see § 515.542.
( b ) This section does not authorize: ( 1 ) The direct or indirect exportation or reexportation of services with knowledge or reason to know that such services are intended for a prohibited official of the Government of Cuba, as defined in § 515.337, or a prohibited member of the Cuban Communist Party, as defined in § 515.338, or to organizations administered or controlled by the Government of Cuba or the Cuban Communist Party, except as specified in paragraph (a)(4) of this section.
( 2 ) The direct or indirect exportation of any items to Cuba. Note 3 to § 515.578 ( b
)(2):
For provisions related to transactions ordinarily incident to the exportation or reexportation of items, including software, to Cuba, see §§ 515.533 and 515.559.
( c ) *Licensing and marketing.* Persons subject to U.S. jurisdiction are authorized to enter into licensing agreements related to services authorized by paragraph (a) of this section, and to market such services.
( d ) *Software.* The importation into the United States, and the exportation or reexportation from the United States to third countries, of Cuban-origin software is authorized.
( e ) *Mobile applications.* ( 1 ) The importation into the United States, and the exportation or reexportation from the United States to third countries, of Cuban-origin mobile applications is authorized. Note 4 to § 515.578(e)(1) :
This paragraph (e)(1) does not authorize U.S.-owned or -controlled firms in third countries to import goods of Cuban origin into the authorized trade zone. See § 515.559.
( 2 ) The employment of Cuban nationals to develop mobile applications is authorized.
( f ) *Certain direct financial transactions restricted.* Nothing in paragraphs (d) or (e) authorizes a direct financial transaction prohibited by § 515.209.
( g ) *Specific licenses.* Specific licenses may be issued on a case-by-case basis for the exportation of other internet-based services.
Note to § 515.578 :
For general licenses authorizing physical and business presence in Cuba for certain persons, see § 515.573. An authorization related to business presence was previously included in this section. For an authorization of certain telecommunications-related services, see § 515.542.
[80 FR 2300, Jan. 16, 2015, as amended at 80 FR 56925, Sept. 21, 2015; 81 FR 13994, Mar. 16, 2016; 81 FR 71377, Oct. 17, 2016; 82 FR 52004, Nov. 9, 2017; 89 FR 46325, May 29, 2024]