MEMORANDUM FOR THE VICE PRESIDENT
THE SECRETARY OF STATE
THE SECRETARY OF THE TREASURY
THE SECRETARY OF DEFENSE
THE ATTORNEY GENERAL
THE SECRETARY OF THE INTERIOR
THE SECRETARY OF AGRICULTURE
THE SECRETARY OF COMMERCE
THE SECRETARY OF HEALTH AND HUMAN SERVICES
THE SECRETARY OF TRANSPORTATION
THE SECRETARY OF HOMELAND SECURITY
THE DIRECTOR OF NATIONAL INTELLIGENCE
THE DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY
THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
THE ASSISTANT TO THE PRESIDENT AND CHIEF OF
STAFF
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND
BUDGET
THE ASSISTANT TO THE PRESIDENT FOR NATIONAL
SECURITY AFFAIRS
THE ASSISTANT TO THE PRESIDENT AND HOMELAND
SECURITY ADVISOR
THE COUNSEL TO THE PRESIDENT
THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC
POLICY
THE UNITED STATES TRADE REPRESENTATIVE
THE DIRECTOR OF THE OFFICE OF SCIENCE AND
TECHNOLOGY POLICY
THE REPRESENTATIVE OF THE UNITED STATES OF
AMERICA TO THE UNITED NATIONS
THE ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION
THE ADMINISTRATOR OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT
THE DIRECTOR OF THE OFFICE OF PERSONNEL
MANAGEMENT
SUBJECT: Reissuance of and Amendments to National Security Presidential Memorandum 5 on Strengthening the Policy of the United States Toward Cuba
Section 1. Purpose.
The United States acknowledges a pressing need for enhanced freedom, democracy, and respect for human rights in Cuba, alongside the promotion of free enterprise. The Cuban populace has endured considerable hardship under a Communist regime that consistently suppresses their legitimate aspirations for freedom and prosperity while failing to uphold their inherent human dignity.
This administration’s policy will be anchored in both the national security and foreign policy interests of the United States, as well as in solidarity with the Cuban people. I am committed to fostering a stable, prosperous, and free Cuba. To achieve this, funding must be directed toward the Cuban populace and away from a regime that has consistently neglected the basic tenets of a free and just society.
In Cuba, political dissidents and peaceful protesters face arbitrary detention and are subjected to deplorable prison conditions. Violence and intimidation against dissenters occur unchecked, and families of political prisoners are retaliated against for merely protesting the unjust confinement of their loved ones. Worshippers experience harassment, and the rights to free assembly and free expression are systematically curtailed, including restricted access to the internet and the absence of a free press. The United States unequivocally condemns these abuses.
The initial actions outlined in this memorandum, including the restriction of certain financial transactions and travel, aim to compel the Cuban government to rectify these human rights violations. My administration will continually assess its policies to improve human rights, uphold the rule of law, foster free markets, and promote democracy in Cuba.
Sec. 2. Policy.
The executive branch shall adhere to the following policies:
(a) Terminate economic practices that disproportionately enrich the Cuban government or its military, intelligence, or security personnel at the expense of the Cuban people.
(b) Ensure compliance with the statutory ban on tourism to Cuba.
(c) Support the economic embargo of Cuba as defined in section 4(7) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (the embargo), which includes opposing any measures that advocate for its cessation at the United Nations or other international forums, along with regular reporting on whether conditions for a transition government exist in Cuba.
(d) Enhance efforts to support the Cuban people by expanding internet services, promoting free press, free enterprise, and lawful travel.
(e) Refrain from reinstating the “Wet Foot, Dry Foot” policy, which incentivized countless Cuban nationals to risk their lives in unlawful travel to the United States.
(f) Ensure that U.S. engagement with Cuba advances the interests of both the United States and the Cuban populace, including the promotion of Cuban human rights, the development of a private sector independent of government control, enforcing removal orders against Cuban nationals in the United States, safeguarding national security and public health, and facilitating safe civil aviation.
Sec. 3. Implementation.
The heads of executive departments and agencies shall commence implementing the policies outlined in section 2 of this memorandum as follows:
(a) Within 30 days of this memorandum, the Secretary of the Treasury and the Secretary of Commerce, in coordination with the Secretary of State and the Secretary of Transportation, shall initiate a process to revise current regulations regarding transactions with Cuba.
(i) As part of these regulatory updates, the Secretary of State shall identify any entities or subentities controlled by or acting on behalf of the Cuban military, intelligence, or security services (e.g., Grupo de Administracion Empresarial S.A. (GAESA) and its affiliates), publishing a list of those entities with which financial transactions would unduly benefit such services at the expense of the Cuban people or private enterprises.
(ii) The regulatory changes shall prohibit direct or indirect financial transactions with any entities identified in the published list.
(iii) The regulatory adjustments shall not bar transactions that the Secretary of the Treasury or the Secretary of Commerce, in consultation with the Secretary of State, deems consistent with the policies set forth in section 2 and that:
- (A) concern Federal Government operations, including Naval Station Guantanamo Bay and the United States mission in Havana;
- (B) support democracy-building programs in Cuba;
- (C) relate to air and sea operations facilitating permissible travel, cargo, or trade;
- (D) aid in acquiring visas for lawful travel;
- (E) promote direct telecommunications and internet access for the Cuban populace;
- (F) facilitate the sale of agricultural commodities, medicines, and medical devices to Cuba as per the Trade Sanctions Reform and Export Enhancement Act of 2000 and the Cuban Democracy Act of 2002;
- (G) concern sending, processing, or receiving authorized remittances;
- (H) otherwise serve U.S. national security or foreign policy interests; or
- (I) are mandated by law.
(b) Within 30 days of this memorandum, the Secretary of the Treasury, in conjunction with the Secretary of State, shall begin revising regulations to ensure compliance with the statutory ban on tourism to Cuba.
(i) The revised regulations will stipulate that educational travel must serve legitimate educational purposes. All educational travel must be conducted under the auspices of an organization subject to U.S. jurisdiction, with travelers accompanied by representatives from the sponsoring organization, except for previously permitted educational travel as of January 27, 2011.
(ii) The regulations will also require that those traveling for permissible non-academic education or to assist the Cuban people:
- (A) engage in a full-time schedule of activities that enhance interactions with the Cuban populace, support civil society, or promote independence from Cuban authorities;
- (B) meaningfully interact with individuals in Cuba.
(iii) Travelers will be obligated to maintain comprehensive records of all transactions related to authorized travel, which will be subject to examination by the Department of the Treasury for a minimum of five years post-travel.
(iv) The Secretary of State, Secretary of the Treasury, Secretary of Commerce, and Secretary of Transportation shall review enforcement of all permissible travel categories within 90 days of finalizing these regulations to ensure compliance with the policies outlined in section 2.
(c) The Secretary of the Treasury will conduct regular audits of travel to Cuba to ensure adherence to relevant statutes and regulations. The Secretary will request that the Inspector General of the Department of the Treasury evaluate the implementation of this audit requirement, with a report to the President, via the Secretary of the Treasury, summarizing findings within 180 days of the regulatory adjustments and annually thereafter.
(d) The Secretary of the Treasury shall revise the current regulation defining “prohibited officials of the Government of Cuba” so that it encompasses Ministers, Vice-Ministers, members of the Council of State, the Council of Ministers, and other key government officials and media personnel.
(e) The Secretary of State and the U.S. Representative to the United Nations shall oppose any efforts at the United Nations or other international forums to lift the embargo until a transition government, as described in the LIBERTAD Act, is in place in Cuba.
(f) The Secretary of State, in coordination with the Attorney General, shall provide a report to the President evaluating whether the Cuban government has met the requirements for a transition government, considering human rights abuses against the Cuban people.
(g) The Attorney General shall report to the President within 90 days regarding Cuban fugitives from American justice living in Cuba or being harbored by the Cuban government.
(h) The Secretary of State and the USAID Administrator will review all democracy development programs in Cuba to ensure alignment with LIBERTAD Act criteria.
(i) The Secretary of State shall convene a task force, including relevant agencies and NGOs, to explore technological challenges and opportunities for expanding internet access in Cuba, focusing on promoting independent media and internet freedom.
(j) The Secretary of State and the Secretary of Homeland Security will continue to discourage dangerous, unlawful migration, ensuring that the Secretary of Defense supports the Departments of State and Homeland Security in migrant interdiction efforts.
(k) The Secretary of State, with the Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of Commerce, and Secretary of Homeland Security, shall annually report to the President on U.S. engagement with Cuba to ensure alignment with U.S. interests.
(l) All activities conducted under subsections (a) through (k) shall be executed in a manner that protects sensitive federal sources, methods, and operations.
Sec. 4. Earlier Presidential Actions.
(a) This memorandum amends sections 1 and 3 of National Security Presidential Memorandum 5 dated June 16, 2017, and reissues NSPM-5 in its entirety. No other text or timelines from the original NSPM-5 are altered, nor are agencies directed to repeat actions already implemented under that memorandum.
(b) This memorandum supersedes both National Security Presidential Directive 52 dated June 28, 2007, and Presidential Policy Directive 43 dated October 14, 2016.
(c) This memorandum does not affect Executive Order 12807 dated May 24, 1992, or Executive Order 13276 dated November 15, 2002.
Sec. 5. General Provisions.
(a) Nothing in this memorandum shall impair or affect:
(i) the authority of any executive department or agency, or its head;
(ii) the functions of the Director of the Office of Management and Budget concerning budgetary, administrative, or legislative proposals.
(b) This memorandum will be implemented in accordance with applicable law and subject to available appropriations.
(c) This memorandum is not intended to create any right or benefit, enforceable by any party against the United States or its entities, officers, employees, or agents.
(d) The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
DONALD J. TRUMP
