Reissuance of and Amendments to National Security Presidential Memorandum 5 on Strengthening the Policy of the United States Toward Cuba

This memorandum reissues and amends NSPM-5 of June 16, 2017 (Strengthening the Policy of the United States Toward Cuba), directing the Secretaries of the Treasury and Commerce, in coordination with the Secretaries of State and Transportation, to initiate within 30 days regulatory changes prohibiting direct or indirect financial transactions with entities controlled by or benefiting the Cuban military, intelligence, or security services, subject to enumerated exemptions such as authorized remittances and agricultural and medical sales. It further directs the Secretary of the Treasury to adjust regulations within 30 days to enforce the statutory ban on tourism to Cuba, including requirements for organized educational travel and five-year traveler recordkeeping, and to regularly audit travel to Cuba, and it expands the regulatory definition of "prohibited officials of the Government of Cuba". The Attorney General must report to the President within 90 days on fugitives from American justice in Cuba, and the memorandum supersedes NSPD-52 (2007) and PPD-43 (2016).

Persons and businesses subject to U.S. jurisdiction to Refrain from direct or indirect financial transactions with entities and subentities on the State Department's published list of entities controlled by or acting for the benefit of Cuban military, intelligence, or security services, except for exempted transaction categories (unclear). Every person engaging in travel to Cuba to Keep full and accurate records of all transactions related to authorized travel to Cuba and make them available for examination by the Department of the Treasury for at least 5 years after the date they occur (unclear). Travelers and sponsoring organizations engaged in educational travel to Cuba to Conduct educational travel to Cuba for legitimate educational purposes under the auspices of an organization subject to U.S. jurisdiction, with travelers accompanied by a representative of the sponsoring organization (except for educational travel permitted by regulation in effect on January 27, 2011) (unclear). Travelers to Cuba under the non-academic education or support for the Cuban people travel categories to Engage in a full-time schedule of activities that enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people's independence from Cuban authorities, and meaningfully interact with individuals in Cuba (unclear).

No known legal challenges.