OFAC FAQ #1179 · Cuba Sanctions

What type of small businesses are considered an “independent private sector entrepreneur” (as defined in 31 CFR § 515.340)?

OFAC's answer

[Section 515.340](https://www.ecfr.gov/current/title-31/subtitle-B/chapter-V/part-515/subpart-C/section-515.340) defines the term “independent private sector entrepreneur” to mean a Cuban national who is not a prohibited official of the Government of Cuba or a prohibited member of the Cuban Communist Party, and who is one or more of the following: (a) an owner, including a self-employed individual (cuentapropista), or employee of a small private business entity, private cooperative, or a sole proprietorship located in Cuba, in each case of up to 100 employees; (b) an independent contractor or consultant; (c) a small farmer who owns his or her own land; (d) a small usufruct farmer who cultivates state-owned land to sell products on the open market; or (e) a private cooperative or small private business entity located in Cuba of up to 100 employees that is owned only by individuals described in paragraphs (a) through (d) of § [515.340](https://www.ecfr.gov/current/title-31/subtitle-B/chapter-V/part-515/subpart-C/section-515.340). For example, small private business entities or private cooperatives owned only by independent private sector entrepreneurs, as defined, could include: - Agricultural businesses and farming cooperatives; - Animal feed and veterinary services; - IT services, software development businesses, and mobile application developers - Food and beverage importers, production/processing businesses, packaging and food distributors; - Clothing, jewelry, fashion design, and beauty/cosmetics suppliers and services; - Historic preservation and cultural preservation businesses; - Arts-related businesses; - Machinery manufacturing and repair businesses; - Shipping, logistics, expediting, and delivery of goods businesses; - Medical supply businesses; - Restaurants and bars; - Taxis and transportation services; - Bed and breakfasts; - Manufacturing companies; - Business consulting services, marketing and branding services; - Accounting and bookkeeping services; - Home construction business and remodeling, plumbing, electrical, or other repair companies for business or residential facilities and homes; - Furniture design and manufacturing companies; - Travel services; - Vendors of personal care and household items, furniture, and appliances; - Interior decoration and design businesses; - Film and media production or journalism businesses; - Gyms, personal training, or fitness classes; and - Mechanical services (automobile, refrigeration, heating and A/C services and repair).

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