In addition to improving living conditions and supporting certain private-sector activities in Cuba, as discussed in a previous post, the Commerce Department’s new License Exception SCP to its Export Administration Regulations (the “EAR”) also seeks to strengthen civil society there by authorizing unlicensed exports/reexports to Cuba of:
- donated items for use in scientific, archaeological, cultural, ecological, educational, historic preservation, or sporting activities;
- temporary exports to Cuba of such items by persons leaving the US for use in such activities; and
- items to human rights organizations, individuals or non-governmental organizations that promote independent activity intended to strengthen civil society.
Not surprisingly, all such items must be EAR99 or controlled solely for anti-terrorism reasons; and none may be used for development, production, use, operation, installation, maintenance, repair etc. of Munitions List items. Like License Exception TMP, for “Temporary Exports” generally, the new authorization for temporary exports to Cuba is rife with limitations and affirmative requirements.