Legal Compliance · TSRA · OFAC

Is It Legal to Export Food to Cuba from the U.S.?

The direct answer: Yes, for specific product categories. This guide explains exactly what is legal, what is restricted, and how to operate within the law – no attorney required to understand it.

– Short answer: Exports of food, personal hygiene and OTC medicines from the U.S. to Cuba are legal under the TSRA law (22 U.S.C. § 7207) and OFAC General License CACR §515.533. No individual Treasury Department license is required.

The TSRA Law – The Legal Framework

The Trade Sanctions Reform and Export Enhancement Act (TSRA), passed in 2000, created a specific exception to the U.S. general embargo against Cuba. Under TSRA, the following are permitted:

  • Agricultural products – grains, cereals, legumes, seeds, oils, flours
  • Food for human consumption – all types of processed or unprocessed food for civilian use
  • Medicines – prescription and over-the-counter, medical devices
  • Agricultural inputs – fertilizers, pesticides, agricultural equipment
  • Animal feed

This exception has been in effect for over 25 years and applies independently of other embargo restrictions.

The Conditions: How Must Payment Work?

TSRA authorizes the products, but OFAC (Office of Foreign Assets Control) governs how payment is made. Permitted payment terms are:

  • Cash in Advance (CIA): The Cuban buyer pays 100% before the vendor ships. The most common method in the corridor.
  • Financing from a third-country financial institution: A bank in Panama, Mexico, Spain or another non-sanctioned country (not Cuban-government-owned) provides the financing, which may take the form of a letter of credit. The U.S. vendor receives payment from the third-country institution – not directly from Cuba, and never from a U.S. bank financing the buyer.
– What is NOT permitted: U.S. persons or banks financing Cuban purchases (extending credit to the Cuban buyer). U.S. vendors cannot offer net payment terms (net 30, net 60) to Cuban buyers.

Critical Update – March 2026: BIS Suspends SCP

– Important: Effective March 4, 2026, BIS (Bureau of Industry and Security) suspended License Exception SCP (§740.21) for transactions depositing funds in Cuban-owned banks. This affects certain non-TSRA exports but does NOT affect food, medicine and hygiene exports under TSRA – these remain authorized under OFAC CACR §515.533 which does not require SCP.

What Products Are NOT Permitted?

Not everything can be exported to Cuba. Generally prohibited or restricted categories include:

  • Dual-use (commercial/military) products on BIS Commerce Control List
  • Advanced telecommunications technology without specific license
  • Products destined for Cuban military, intelligence or security entities
  • Luxury items (under certain circumstances)
  • Any product on the State Department Cuba Restricted List

AquiCargo operates exclusively within TSRA categories. The integrated Eligibility Checker automatically confirms whether a product qualifies.

Which Cuban Buyers Are Permitted?

Cuban entities with which commerce is permitted include:

  • Private MiPYMEs with MINCEX/MINCIN import authorization
  • Cooperatives legally constituted
  • ALIMPORT and other state food import companies (with additional checks)
  • NGOs and humanitarian organizations with active Cuba programs
  • Private pharmacies and clinics with current licenses

Not permitted: Commerce with entities on OFAC's SDN List, the State Department Cuba Restricted List, or GAESA, FAR, MININT or their designated subsidiaries.

What Does AquiCargo Document per Transaction?

For each closed transaction, AquiCargo automatically generates:

  • GPS Tag record with all transaction milestones (immutable timestamp)
  • Proforma invoice with verified HS code
  • TSRA compliance checklist
  • Legal acceptance record with IP and timestamp
  • Exportable documentation for OFAC audits

In the event of a regulatory inspection, you have a complete, organized record of every transaction.

FAQ – Legal Questions

Could I get in trouble for exporting to Cuba?

No, if you export TSRA-eligible products (food, medicines, hygiene) to verified Cuban buyers not on the SDN List, receive CIA or third-country-institution-financed payment, and properly file EEI in AES. Millions of dollars in food are exported from the U.S. to Cuba every month. Risk exists if you export ineligible products, sell to sanctioned entities, or structure payment incorrectly.

Doesn't the U.S. embargo prohibit trade with Cuba?

The general embargo prohibits most trade, but TSRA created a specific exception for food, agricultural products and medicines. This exception has been in effect since 2000 and has generated over $10 billion in authorized exports. AquiCargo operates exclusively within this legal exception.

Do I need to hire a trade attorney?

For standard transactions within TSRA categories with verified Cuban buyers, most exporters don't need legal counsel for each transaction. AquiCargo generates compliance documentation automatically. However, for high-value exports, products in gray areas of eligibility, or complex situations, consulting a sanctions attorney is still advisable.

What if a Cuban buyer turns out to be on a sanctions list?

AquiCargo screens all buyers against OFAC's SDN List and the State Department Cuba Restricted List before approving KYB, and conducts automatic monthly re-screenings. If an entity appears on these lists during membership, their account is immediately suspended. As a vendor, the platform is your additional protection – but you can always do your own additional verification at treasury.gov/ofac.

Ready to operate legally in the U.S. – Cuba corridor?

AquiCargo verifies compliance on every transaction. KYB, SDN and CRL integrated.

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