Give2Cuba operates under the authority granted in Section 515.575 of the CACR, which allows transactions and travel for humanitarian projects in or related to Cuba.
The U.S. State Department on June 9, 2022 amended their OFAC regulations regarding Cuba. The regulations specifically allow for donative remittances (gifts of money).
Family remittances: Persons subject to the jurisdiction of the United States who are 18 years of age or older are authorized to make remittances to nationals of Cuba who are close relatives, as defined in § 515.339, of the remitter, provided that the recipient is not a prohibited official of the Government of Cuba, a prohibited member of the Cuban Communist Party, or a close relative of a prohibited official of the Government of Cuba or prohibited member of the Cuban Communist Party, and provided that the remittances are not made for emigration purposes. See §§ 515.337, 515.338, and 515.339 for relevant definitions.
Donative remittances: Effective June 9, 2022, OFAC amended § 515.570(b) to authorize donative remittances to Cuban nationals who are not prohibited officials of the Government of Cuba, prohibited members of the Cuban Communist Party, or close relatives of a prohibited official of the Government of Cuba or prohibited member of the Cuban Communist Party.
Remittances to certain individuals and independent non-governmental organizations in Cuba: Persons subject to the jurisdiction of the United States are authorized to make remittances to certain individuals and independent non-governmental organizations in Cuba, including remittances that encourage the development of private businesses and operation of economic activity in the non-state sector by self-employed individuals. Section 515.340 defines the term “self-employed individual” to mean a Cuban national who satisfies one or more of the following conditions: (a) is an owner or employee of a small private business or a sole proprietorship, including restaurants (paladares), taxis, and bed-and-breakfasts (casas particulares); (b) is an independent contractor or consultant; (c) is a small farmer who owns his or her own land; or (d) is a small usufruct farmer who cultivates state-owned land to sell products on the open market. This general license also authorizes persons subject to U.S. jurisdiction to make remittances to pro-democracy groups and civil society groups in Cuba, and to members of such groups or organizations, to support: humanitarian projects in or related to Cuba that are designed to directly benefit the Cuban people and to support the Cuban people through activities of recognized human rights organizations, independent organizations designed to promote a rapid, peaceful transition to democracy, and activities of individuals and non-governmental organizations that promote independent activity intended to strengthen civil society. See § 515.570(g) for additional applicable conditions.
Remittances to religious organizations in Cuba: Persons subject to the jurisdiction of the United States are authorized to make remittances to religious organizations in Cuba in support of religious activities, provided that the remittances are not made from a blocked source and that the remitter, if an individual, is 18 years of age or older. See § 515.570(c).