(a) Except as provided in paragraph (b) of this section, the following transactions are authorized:
(1) Certain internet-based services. The exportation or reexportation, directly or indirectly, from the United States or by a person subject to U.S. jurisdiction to Cuba of services incident to the exchange of communications over the internet, such as instant messaging, chat and email, social networking, sharing of photos and movies, web browsing, blogging, web hosting provided that it is not for the promotion of tourism, and domain name registration services.
(2) Services related to certain exportations and reexportations. To the extent not authorized by paragraph (a)(1) of this section or by Sec. 515.533, the exportation or reexportation of services, including software design, business consulting, and information technology management services (including cloud storage), that are related to the following items, or of services to install, repair (including repair training), or replace such items:
(i) Items subject to the EAR. In the case of items subject to the Export Administration Regulations (EAR) (15 CFR part 730 et seq.), items exported or reexported to Cuba pursuant to 15 CFR 740.19 (License Exception Consumer Communication Devices (CCD));
(ii) Items not subject to the EAR because they are of foreign origin and are located outside the United States. In the case of items not subject to the EAR because they are of foreign origin and are located outside the United States that are exported, reexported, or provided, directly or indirectly, by a person subject to U.S. jurisdiction to Cuba pursuant to a specific license issued under Sec. 515.559, items that are of a type described in License Exception CCD provided that the items would be designated EAR99 if they were located in the United States or would meet the criteria for classification under the relevant ECCN specified in License Exception CCD if they were subject to the EAR; and
(iii) Software not subject to the EAR because it is described in 15 CFR 734.3(b)(3). In the case of software not subject to the EAR because it is described in 15 CFR 734.3(b)(3) that is exported, reexported, or provided, directly or indirectly, by a person subject to U.S. jurisdiction to Cuba, software that is of a type described in License Exception CCD.
(3) Importation into the United States of certain items previously exported to Cuba. The importation into the United States of items described in paragraph (2)(i)-(iii) of this section by an individual entering the United States, directly or indirectly, from Cuba.
(4) Exportation, reexportation, or provision of no cost services that are widely available to the public. The exportation or reexportation, directly or indirectly, from the United States or by persons subject to U.S. jurisdiction, to a prohibited official of the Government of Cuba, as defined in Sec. 515.337 of this part, or a prohibited member of the Cuban Communist Party, as defined in Sec. 515.338 of this part, or to organizations administered or controlled by the Government of Cuba or the Cuban Communist Party, of services described in paragraph (a)(1) of this section or services related to items exported or reexported pursuant to License Exception CCD, provided that such services are widely available to the public at no cost to the user.
Note 1 to Sec. 515.578(a):
The export or reexport to Cuba of items subject subject to the Export Administration Regulations (15 CFR part 730 et seq.) may require separate authorization from the Department of Commerce.
Note 2 to Sec. 515.578(a):
For an authorization of transactions related to the provision of telecommunications services, see Sec. 515.542.
(b) This section does not authorize:
(1) The direct or indirect exportation or reexportation of services with knowledge or reason to know that such services are intended for a prohibited official of the Government of Cuba, as defined in Sec. 515.337 of this part, or a prohibited member of the Cuban Communist Party, as defined in Sec. 515.338 of this part, or to organizations administered or controlled by the Government of Cuba or the Cuban Communist Party, except for the services specified in paragraph (a)(4) of this section.
(2) The direct or indirect exportation of any items to Cuba.
Note to Sec. 515.578(b)(2):
For provisions related to transactions ordinarily incident to the exportation or reexportation of items, including software, to Cuba, see Sec. Sec. 515.533 and 515.559.
(c) Specific licenses. Specific licenses may be issued on a case-by-case basis for the exportation of other internet-based services. [80 FR 2300, Jan. 16, 2015]