On July 15, 1999, the Commerce Department, along with other concerned agencies, held an open meeting, attended by representatives of over 70 organizations, to provide further advice and to continue the dialogue on food sales to Cuba. The following guidance is a result of that meeting and provides a number of key "do’s and don’ts" when exporting under this program. This is a representative list, not an exhaustive one. The May 13 EAR amendment  is available on the GPO EAR site.

Be sure that the ultimate purchaser and end-user of the items is an independent non-governmental entity, whether individual or group.

Certain Cuban government entities may be used strictly as providers of services for exported food or agricultural items, e.g. warehousing, distribution, at customary and reasonable rates.

If the purchaser and end-user of the items is an independent, non-governmental entity, then certain Cuban government entities providing services may be shown as the intermediate consignee on license applications (box 17). For example, a government warehouse where the items are stored could be an intermediate consignee. The end-user (box 19), however, must be an independent, non-governmental entity.

When submitting a license application, the applicant should provide detailed information in box 24 (additional information), using attachments for more space if necessary, demonstrating the independence from the Cuban government of the prospective end-user or category of end-users of the goods.

A key but not exclusive element in determining the independent status of an individual or group entity is whether or not it has title, or a long-term lease, to the land that it would use in the consumption or use of the imported agricultural items.

Prospective exporters under this program may apply to the U.S. Treasury Department’s Office of Foreign Assets Control for travel licenses to make exploratory visits to Cuba.

Once in Cuba, prospective exporters are encouraged to meet with the U.S. Interests Section in Havana. The exporters may wish to inform the U.S. State Department’s Cuban Affairs Office (202-647-9273) before departure of their intent to visit the Interests Section. More information about the U.S. Interests Section in Havana is available on the Department of State Website.

You should be sure to make whatever agreements you reach with prospective customers in Cuba under this program contingent on your receiving an appropriate U.S. Commerce Department export license for the particular export transaction.

Joint ventures and foreign operated hotels are not appropriate recipients for this program. All are at least partially owned or controlled by the Cuban government.

The Cuban National Association of Small Farmers (ANAP) is likewise not an appropriate recipient. It is a mass organization of the Cuban Communist party and therefore not an eligible end-user. It could, however, be an intermediary consignee as a service provider.

Cuban government entities cannot be either the purchaser (box 16) or end-user (box 19) on an export license application.

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