Biden Administration’s Cuba Policy Changes

Biden Administration’s Cuba Policy Changes

INSIGHTi

Biden Administration’s Cuba Policy Changes
Updated August 11, 2022
In May 2022, the Biden Administration announced several changes to U.S. policy toward Cuba, with the
overarching goal of increasing support for the Cuban people. The changes, which emanated from a policy
review begun in 2021, fall into four broad areas—facilitating family reunification, expanding authorized
travel, easing restrictions on remittances, and supporting Cuba’s private sector. According to a State
Department spokesperson, the changes will provide Cubans with “additional tools to pursue life free from
Cuban government oppression and to seek greater economic opportunities.” The Administration has
begun implementing the policy changes through various steps and regulatory changes undertaken by
relevant U.S. departments and agencies.
Although the changes have involved easing some restrictions on travel and remittances, including
amendments to the Cuban Assets Control Regulations (CACR; 31 C.F.R. 515), the United States
maintains comprehensive economic sanctions on Cuba, including restrictions on transactions with entities
on a “Cuba Restricted List” that are controlled by the Cuban military, intelligence, or security services.
Administration officials assert that human rights issues will remain at the center of U.S. policy toward
Cuba. In the aftermath of the Cuban government’s harsh response to government-wide protests in July
2021, the Administration imposed several rounds of targeted financial sanctions and visa restrictions on
Cuban officials found to be responsible for the repression.
Family Reunification
The Administration announced it would reinstate the Cuban Family Reunification Parole (CFRP) program
and increase immigrant visa processing at the U.S. Embassy in Havana. The CFRP program, administered
by the Department of Homeland Security’s (DHS’s) U.S. Citizenship and Immigration Services, allows
certain U.S. citizens and lawful permanent residents with approved petitions for family members in Cuba
to apply for immigration parole for those individuals. If a CFRP application is approved, the family
members are issued documentation to enable them to travel to the United States. The program was
established in 2007 to help the United States meet its annual obligations under the 1994-1995 U.S.-Cuba
migration accords to legally admit a minimum of 20,000 Cubans annually. CFRP processing at the U.S.
Embassy in Havana was suspended in 2017 amid the drawdown of staff due to unexplained health injuries
suffered by some embassy community members. In June 2022, DHS maintained that the resumption of
CFRP operations would begin this summer. In the 117th Congress, H.R. 6907, introduced in March 2022,
would direct the Administration to reinstate the processing of applications under the CFRP.
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Limited immigrant visa processing at the U.S. Embassy in Havana resumed in May 2022. Administration
officials maintain they want to staff up the embassy to process the full 20,000 immigrant visas in Havana
as quickly as possible. Until that time, the Administration plans to continue processing the majority of
Cuban immigrant visa cases at the U.S. Embassy in Georgetown, Guyana.
Expansion of Authorized Travel
On June 1, 2022, the Department of Transportation, acting on a request from the State Department,
revoked restrictions on scheduled and charter flights to Cuban locations beyond Havana imposed by the
Trump Administration in 2019 and 2020.
On June 9, 2022, the Treasury Department’s Office of Foreign Assets Control (OFAC) amended the
CACR authorizing travel under general licenses (meaning travelers would not have to apply to Treasury
for authorization) for two types of travel that were restricted under the Trump Administration. OFAC
reauthorized people-to-people educational travel for group travel at 31 C.F.R. 515.565(b) (individual
people-to-people travel remains unauthorized) and reinstated a general license authorizing attendance at,
or organization of, professional meetings or conferences in Cuba at 31 C.F.R. 515.564(a)(2).
Eased Restrictions on Remittances
The Administration eased some restrictions on sending cash remittances to Cuba that the previous
Administration tightened in 2019. On June 9, 2022, OFAC amended the CACR at 31 C.F.R. 515.570 to
remove previous limitations of $1,000 per quarter in family remittances that could be sent to any one
Cuban national. OFAC also reauthorized donative or nonfamily remittances, with the goal of supporting
independent Cuban entrepreneurs.
The Administration asserted it would not remove from the “Cuba Restricted List” entities associated with
the Cuban military, including Financiera Cimex (FINCIMEX), a financial investment and remittance
company owned by a Cuban military-controlled umbrella enterprise. FINCIMEX’s addition to the list in
2020 led to Western Union ceasing its Cuba operations. At the time, Western Union was the major
company used to transmit remittances to Cuba.
Support for Cuba’s Private Sector
The Administration announced it would increase support for independent Cuban entrepreneurs by
authorizing greater access to U.S. internet services, applications, and e-commerce platforms and
expanding access to microfinance and training. U.S. officials maintained they would explore options for
electronic payments and for U.S. business activities with independent private entrepreneurs.
As with most changes in Cuba policy, reaction to the Administration’s announcement was mixed among
Members of Congress and policy groups, although the changes do not require congressional action. Some
Members who support maximum sanctions pressure criticized the changes as “providing concessions to
the brutal Cuban dictatorship.” Some specifically opposed authorizing group people-to-people travel,
characterizing it as “akin to tourism,” or “remain unconvinced” that it will weaken Cuba’s oppressive
policies. Among those advocating for engagement, some characterized the changes as a “timid but very
welcome step,” while some applauded the Administration for reversing policies “that only succeeded in
harming the Cuban people” and for moving “beyond the failed policy of isolation.” Policy groups on both
sides of the sanctions/engagement debate expressed support for reinstating the CFRP program to restore a
channel for legal migration.
In the aftermath of a recent massive fire (ultimately contained August 9, 2022) at Cuba’s main oil-storage
facility, some pro-engagement organizations called on the Administration to expedite disaster assistance

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and suspend relevant sanctions to facilitate recovery. Amid the disaster, U.S. firefighting experts provided
technical advice to Cuban officials and U.S. officials asserted, “U.S. law authorizes U.S. entities and
organizations to provide disaster relief and response in Cuba.”
Also see CRS In Focus IF10045, Cuba: U.S. Policy Overview; CRS Report RL31139, Cuba: U.S.
Restrictions on Travel and Remittances; and CRS Report R45657, Cuba: U.S. Policy in the 116th
Congress and Through the Trump Administration.

Author Information

Mark P. Sullivan

Specialist in Latin American Affairs

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