Why U.S. Companies Can Legally Sell Food to Cuba
TSRA created a permanent, categorical exception within the U.S. embargo framework. Congress wrote it directly into the U.S. Code. Every food export from the United States to Cuba since 2001 has been authorized under this statute – through Republican and Democratic administrations alike.
What TSRA does not do: it does not lift all restrictions. OFAC's Cuba sanctions framework still applies. The Cuba Restricted List still applies. And the cash-in-advance payment requirement is a statutory mandate – not a preference you can negotiate around.
Primary sources: TSRA Full Text – 22 U.S.C. §7207 (House.gov) · OFAC Cuba Sanctions – U.S. Treasury
Who Qualifies: TSRA-Eligible Products
TSRA covers food and agricultural commodities as defined under the U.S. Export Administration Regulations (EAR). In practice:
- EAR99 food products: grains (rice, corn, wheat), legumes (beans, soybeans), edible oils, canned goods, dairy products, frozen meats, poultry, processed foods, infant formula, condiments
- EAR99 agricultural inputs: fertilizers, seeds, pesticides (when not on the CCL)
- EAR99 medicine and medical devices: OTC pharmaceuticals, vitamins, first aid supplies, medical consumables not subject to BIS controls
- EAR99 hygiene products: soaps, shampoos, toothpaste, feminine hygiene, diapers
Products that do not qualify: petroleum products (subject to BIS SCP suspension since March 2026), luxury goods, items on the Commerce Control List (CCL) with Cuba-specific restrictions, and any product destined for Cuban military entities (GAESA-controlled entities).
Verify your specific products in seconds: AquiCargo Free TSRA Eligibility Checker →
Who Can Buy: Authorized Cuban Importers
State Entities (Traditional Channel)
ALIMPORT (Empresa Cubana Importadora de Alimentos) was historically the single gateway for all large-scale food imports. Today, ALIMPORT still handles bulk government procurement but has lost its monopoly. For most AquiCargo transactions, private-sector buyers are the primary counterparties.
Private Sector (The New Reality)
Cuba's 2021 economic reforms authorized private businesses (MSMEs – mipymes) to import directly. Today, thousands of Cuban restaurants, private distributors, and small retailers hold active import licenses issued by MINCEX or MINCIN.
All buyers on AquiCargo – state entities or private businesses – are screened through our KYB (Know Your Business) process before submitting RFQs. This protects U.S. vendors from inadvertently transacting with restricted entities.
The Cash-in-Advance Payment Requirement
Cash-in-advance or third-country financing is a statutory mandate – not a preference.
Violation of this requirement constitutes a TSRA export violation subject to civil penalties. Payment (or confirmed third-country financing) must be in place before cargo departs U.S. soil – not when it arrives in Cuba.
- Full payment wired to a U.S. bank account before cargo departs U.S. soil, OR financing arranged through a financial institution outside the United States (excluding Cuban government-owned institutions)
- Payment must originate from a third-country bank – Cuban banks cannot transact in USD directly with U.S. institutions
- Wire transfer via Panamanian, Spanish, or Mexican correspondent banks is the standard mechanism
- No U.S. bank financing, no open credit from a U.S. person, no deferred payment arrangements
AquiCargo does not process payments – we coordinate and verify that payment has been confirmed before shipment authorization.
Export Documentation Requirements
1. Electronic Export Information (EEI) / AES Filing
All exports to Cuba valued above $2,500 require an EEI filing through the Automated Export System (AES). This generates an Internal Transaction Number (ITN) that must appear on the Bill of Lading before departure. Failure to file: civil penalties up to $10,000 per violation under 15 C.F.R. §758.1.
2. TSRA Export Certification Statement
Your commercial invoice must include: "The exporter certifies that these commodities are authorized for export to Cuba under the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. §7207) and applicable OFAC regulations." AquiCargo invoice templates include this language automatically.
3. Commercial Invoice and Packing List
The invoice must show: Cuban buyer's full legal name and import license number, product description, HS code, unit price, total value, and Incoterms (typically CIF Havana or CIF Mariel).
4. Bill of Lading
Issued by the ocean carrier at port of loading. Must reference the buyer's Cuban import authorization number and include the AES ITN. The original B/L (not a copy) is presented at the Cuban port for customs release.
5. Phytosanitary Certificate (fresh/agricultural products)
Required for fresh agricultural products, seeds, and plant-based materials. Issued by the USDA Animal and Plant Health Inspection Service (APHIS). Cuba requires this for all fresh shipments.
OFAC Compliance: What Vendors Need to Know
- Screen buyers against the SDN List: No transactions with Specially Designated Nationals, even for TSRA-eligible products. AquiCargo runs continuous SDN screening on all registered buyers.
- Avoid GAESA-controlled entities: The Cuba Restricted List has expanded to cover military-controlled hospitality, retail, and distribution entities. Selling to these is prohibited even under TSRA.
- No facilitation of third-party transactions: U.S. companies cannot facilitate Cuba transactions for third parties. Only direct vendor-to-buyer relationships through TSRA-authorized channels are permitted.
See What is OFAC Compliance and How Does It Affect U.S. Vendors →
The AquiCargo Workflow: From Lead to Shipment
- Vendor registration and KYB: U.S. vendor creates profile, submits OFAC compliance documentation, receives approval in 2–3 business days.
- Buyer submits RFQ: Cuban buyer – already KYB-verified – submits a structured Request for Quotation specifying product, quantity, port, and timeline.
- Matching and routing: AquiCargo routes the RFQ to matched vendors by product category and capacity.
- Vendor quotes: Vendor submits a firm quote with pricing, MOQ, and specs via the Deal Room.
- Deal Room negotiation: Buyer and vendor finalize terms. AquiCargo facilitates and documents the agreement.
- Cash-in-advance payment: Buyer arranges wire from a third-country bank. Vendor confirms receipt.
- Export preparation: Vendor files EEI/AES, prepares documents, coordinates freight forwarder.
- Shipment and delivery: Cargo departs U.S. port with full documentation. AquiCargo monitors milestones.