U.S. Code of Federal Regulations
Regulations most recently checked for updates: Oct 16, 2019
(a) Authorizations. This section authorizes the export or reexport of commodities and software to Cuba or Sudan subject to the requirements stated herein. This section does not authorize U.S.-owned or -controlled entities in third countries to engage in reexports of foreign produced commodities to Cuba for which no license would be issued by the Department of the Treasury pursuant to 31 CFR 515.559.
(b) Eligible commodities and software. Commodities and software in paragraphs (b)(1) through (17) of this section are eligible for export or reexport under this section to Cuba or Sudan. Commodities in paragraph (b)(18) of this section are eligible for export or reexport under this section to Sudan only.
(1) Consumer computers designated EAR99 or classified under Export Control Classification Numbers (ECCN) 5A992.c or 4A994.b;
(2) Consumer disk drives and solid state storage equipment classified under ECCN 5A992 or designated EAR99;
(3) Input/output control units (other than industrial controllers designed for chemical processing) designated EAR99;
(4) Graphics accelerators and graphics coprocessors designated EAR99;
(5) Monitors classified under ECCN 5A992.c or designated EAR99;
(6) Printers classified under ECCN 5A992.c or designated EAR99;
(7) Modems classified under ECCNs 5A991.b.2, 5A991.b.4., or 5A992.c or designated EAR99;
(8) Network access controllers and communications channel controllers classified under ECCN 5A991.b.4 or designated EAR99;
(9) Keyboards, mice and similar devices designated EAR99;
(10) Mobile phones, including cellular and satellite telephones, personal digital assistants, and subscriber information module (SIM) cards and similar devices classified under ECCNs 5A992.c or 5A991 or designated EAR99;
(11) Memory devices classified under ECCN 5A992.c or designated EAR99;
(12) Consumer “information security” equipment, “software” (except “encryption source code”) and peripherals classified under ECCNs 5A992.c or 5D992.c or designated EAR99;
(13) Digital cameras and memory cards classified under ECCN 5A992 or designated EAR99;
(14) Television and radio receivers classified under ECCN 5A992 or designated EAR99;
(15) Recording devices classified under ECCN 5A992 or designated EAR99;
(16) Batteries, chargers, carrying cases and accessories for the equipment described in this paragraph that are designated EAR99;
(17) Consumer “software” (except “encryption source code”) classified under ECCNs 4D994, 5D991 or 5D992.c or designated EAR99 to be used for equipment described in paragraphs (b)(1) through (b)(16) of this section; and
(18) (Sudan only) Global Positioning System receivers or similar satellite receivers controlled under ECCN 7A994.
In this paragraph, the term “consumer” refers to items that are:
1. Generally available to the public by being sold, without restriction, from stock at retail selling points by means of any of the following:
a. Over-the-counter transactions;
b. Mail order transactions;
c. Electronic transactions; or
d. Telephone call transactions; and
2. Designed for installation by the user without further substantial support by the supplier.
(c) Eligible and ineligible end-users - (1) Organizations. (i) This license exception may be used to export or reexport eligible commodities and software to and for the use of independent non-governmental organizations in Cuba or Sudan.
(ii) The Cuban Government or the Cuban Communist Party and organizations they administer or control are not eligible end-users.
(iii) The Government of Sudan is not an eligible end-user for any item exported or reexported pursuant to this license exception except for consumer software that is authorized under paragraph (b)(12) or (b)(17) of this section and that is distributed free of charge.
(2) Individuals. This License Exception may be used to export eligible commodities and software to and for the use of individuals other than the following:
(i) Ineligible Cuban Government Officials. Ministers and Vice-Ministers; members of the Council of State; members of the Council of Ministers; members and employees of the National Assembly of People's Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense of the Revolution; Director Generals and sub-Director Generals and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior (MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the Confederation of Labor of Cuba (CTC) and its component unions; chief editors, editors and deputy editors of Cuban state-run media organizations and programs, including newspapers, television, and radio; or members and employees of the Supreme Court (Tribuno Supremo Nacional).
(ii) Ineligible Cuban Communist Party Officials. Members of the Politburo.