Effective October 5, 2009, the Postal Service™ is revising Mailing Standards of the United States Postal Service, International Mail Manual (IMM®) Country Price Groups and Weight Limits and the Individual Country Listing for Cuba.
On September 8, 2009, the U.S. Department of Commerce issued a Federal Register final rule that revised existing restrictions on exports of gift parcels to Cuba. It also authorized exports to Cuba of certain donated consumer communications devices, including certain computers and software, mobile phones, and satellite receivers. The final rule implemented President Obama’s April 13, 2009, directive to enhance the free flow of information to and from Cuba, and to promote contacts between Americans and their relatives who reside in Cuba. The full Federal Register notice is available at http://edocket.access.gpo.gov/2009/E9-21402.htm.
The only USPS® services available for authorized exports to Cuba are First-Class Mail International™, International Priority Airmail™ (IPA®), International Surface Air Lift® (ISAL®), and the Priority Mail International™ flat-rate envelope and small flat-rate box. All of these services have a maximum weight of 4 pounds. The updated standards described in this article reflect changes made only to the Commerce Department regulations. To the extent that these changes apply to the Postal Service, the updated standards implement the portions of the President’s directive that are effectuated through the Commerce Department regulations.
The Commerce Department regulations generally authorize, without the need for an export license, gift parcels by an individual (donor) addressed to an individual or to a religious, educational, or charitable organization for the use of the addressee or the addressee’s immediate family (and not for resale). The same authorization applies to donations of items that meet basic human needs made by groups or organizations with experience in maintaining a verifiable system for distributing such items to the intended beneficiaries. Prior to the change in Commerce Department regulations, items eligible for export to Cuba in gift parcels were limited to food (including vitamins); medicines; medical supplies and devices (including hospital supplies and equipment for the handicapped); receive-only radio equipment for reception of commercial/civil AM/FM and short wave publicly available frequency bands, and batteries for such equipment; and mobile phones, software for those phones, batteries, memory cards, chargers, and other accessories for such mobile phones. Additionally, Commerce Department regulations restricted recipients in Cuba to identified family members of the donor (grandparents, parents, siblings, children, and grandchildren). Except for gift parcels of food, Commerce Department regulations restricted a donor to sending only one gift parcel per month to the same household in Cuba. The Commerce Department regulations also limited the combined total domestic retail value of all items other than food included in a gift parcel to $400.
The revised Commerce Department regulations include the following additional items in the list of items eligible for export to Cuba in gift parcels: clothing, personal hygiene items, seeds, veterinary medicines and supplies, fishing equipment and supplies, soap-making equipment, and all other non-sensitive items normally sent as gifts between individuals. The revised regulations largely retain the restriction that precludes items listed in specific entries on the Commerce Control List from being included in gift parcels. However, consumer communications devices may now be included in gift parcels, with specific restrictions. These devices, which are described in more detail below, are widely available consumer products that facilitate communications, such as personal computers.
The change to Commerce Department regulations also removed requirements that the recipient of a gift parcel be a member of the immediate family of the donor and that only one gift parcel per month be sent to the same household in Cuba. The revised regulations authorize a donor to send one gift parcel per month to any individual (other than certain Cuban government or Cuban Communist Party officials) or to a charitable, educational, or religious organization in Cuba that is not administered or controlled by the Cuban government. For example, hospitals or schools administered or controlled by the Cuban government are not eligible recipients under the new regulations. Further, this new Commerce Department regulation allows an increase in the combined total domestic retail value of all items included in a gift parcel from $400 to $800 — but this does not affect Postal Service items to Cuba at this time because the relevant mail services cannot be used for contents with a total value of more than $400 (see IMM 123.61).
Previously, the export to Cuba of donated consumer communications devices required an individual validated license from the Commerce Department. The Commerce Department’s new License Exception for such items implements the President’s directive to authorize, consistent with national security concerns, the export to Cuba of donated consumer communications devices, computers, and software. The revised regulation strengthens the United States’ commitment to the support of individuals and organizations to promote nonviolent democratic change in Cuba, and it recognizes that recent changes in communications technology have facilitated the widespread dissemination of information and personal communications in ways that have become increasingly essential for democratic movements across the world.
The new Commerce Department regulation authorizes the export of specific commodities and software that are widely available for retail purchase and that are commonly used to exchange information and facilitate interpersonal communications. This authorization is valid only for exports to Cuba. The commodities and software exported under this exception must be donated, but there are no limits on value or frequency of shipments. Eligible end-users for items exported pursuant to this License Exception are individuals in Cuba other than designated Cuban government and Communist Party officials, as well as independent non-governmental organizations in Cuba that are not administered or controlled by the Cuban government.
The items authorized for export under the new Commerce Department regulation are commodities and software (except “encryption source code”) related to basic personal communications devices that are widely available for retail purchase in the United States. These items include mobile phones, including cellular and satellite telephones; subscriber information module (SIM) cards; personal digital assistants; laptop and desktop computers and peripherals, such as monitors, graphics accelerator cards, data storage devices, and media, such as disk drives, flash drives, writable compact disks and floppy disks, keyboards, mice, and printers, including those with “Bluetooth” wireless personal area networking capability; Internet connectivity devices, including those possessing “Wi-Fi” and “WiMax” wireless capabilities; satellite-based television and radio receivers; digital music and video players and recorders; personal two-way radios; digital cameras and memory cards; and batteries, chargers, carrying cases, and similar accessories. The new Commerce Department regulations also authorize the export of basic software for laptop and desktop computers, such as computer operating systems and software (except “encryption source code”) that enable activities such as word processing, producing spread sheets, producing graphics presentations, sending and receiving e-mail, Web browsing, or developing relational databases. The new regulations describe these items as they are classified on the Commerce Control List:
1. Computers classified under Export Control Classification Number (ECCN) 4A994.b or designated EAR99 that do not exceed an adjusted peak performance of 0.02 weighted teraflops.
2. Disk drives and solid state storage equipment classified under ECCN 5A992 or designated EAR99.
3. Input/output control units (other than industrial controllers designed for chemical processing) designated EAR99.
4. Graphics accelerators and graphics coprocessors designated EAR99.
5. Monitors classified under ECCN 5A992 or designated EAR99.
6. Printers classified under ECCN 5A992 or designated EAR99.
7. Modems classified under ECCNs 5A991.b.2 or 5A992 or designated EAR99.
8. Network access controllers and communications channel controllers classified under ECCN 5A991.b.4 or designated EAR99.
9. Keyboards, mice, and similar devices designated EAR99.
10. Mobile phones, including cellular and satellite telephones, personal digital assistants, and subscriber information module (SIM) cards and similar devices classified under ECCNs 5A992 or 5A991 or designated EAR99.
11. Memory devices classified under ECCN 5A992 or designated EAR99.
12. “Information security” equipment, “software” (except “encryption source code”), and peripherals classified under ECCNs 5A992 or 5D992 or designated EAR99.
13. Digital cameras and memory cards classified under ECCN 5A992 or designated EAR99.
14. Television and radio receivers classified under ECCN 5A992 or designated EAR99.
15. Recording devices classified under ECCN 5A992 or designated EAR99.
16. Batteries, chargers, carrying cases, and accessories for the equipment described in this paragraph that are designated EAR99.
17. “Software” (except “encryption source code”) classified under ECCNs 4D994, 5D991, or 5D992 or designated EAR99 to be used for equipment described in this paragraph.
Mailing Standards of the United States Postal Service, International Mail Manual (IMM)
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Country Price Groups and Weight Limits
[Revise footnote 4 to read as follows:]
4 Cuba: Priority Mail International parcel services to Cuba are not available. The Priority Mail International flat-rate envelope and small flat-rate box (maximum weight: 4 lbs. each) may be used. Dutiable articles may not be mailed to Cuba except for gift parcels and humanitarian donations, which must comply with the requirements and restrictions published in 15 CFR § 740.12 (and which must not exceed 4 lbs.), and consumer communications devices, computers, and software, which must comply with the requirements and restrictions published in 15 CFR § 740.19 (and which must not exceed 4 lbs.). Potentially dutiable items may be confiscated upon entering Cuba or returned to sender.
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Individual County Listings
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Cuba
Country Conditions for Mailing
[Revise the introduction and the Prohibitions, Restrictions, and Observations of the Cuba Individual Country Listing to read as follows:]
Mail service is limited to First-Class Mail International items, International Priority Airmail (IPA) items, International Surface Air Lift (ISAL) items, and Priority Mail International flat-rate envelope and small flat-rate box items. Priority Mail International parcel service is not available.
Prior to mailing, customers must abide by the rules for gift parcels and humanitarian donations in 15 CFR § 740.12, or with the rules for consumer communications devices, computers, and software in 15 CFR § 740.19, which can be accessed at www.gpo access.gov/CFR. The maximum weight is 4 pounds. Potentially dutiable items may be confiscated upon entering Cuba or returned to sender.
Generally (and consistent with 15 CFR § 740.12 and § 740.19), the following standards apply when mailing goods to Cuba:
GIFT PARCELS
Eligible Gift Parcels to Cuba
Eligible gift parcels for Cuba may include any of the following: food (including vitamins); medicines; medical supplies and devices (including hospital supplies and equipment and equipment for the handicapped); receive-only radio equipment for reception of commercial/civil AM/FM and short wave publicly available frequency bands, and batteries for such equipment; clothing; personal hygiene items; seeds; veterinary medicines and supplies; fishing equipment and supplies; soap-making equipment; and all other items of a type normally sent as gifts between individuals (including consumer communications devices, computers, and software as described below and in 15 CFR § 740.19(b)) except for certain items prohibited under U.S. Department of Commerce regulations (described below). Items in gift parcels must be in quantities normally given as gifts between individuals.
Note: A digital camera within the value limit (see “Value” below) may be an appropriate gift. However, subsequent shipments of the same item to the same recipient would not be a gift normally given between individuals.
Note: Even if Commerce Department regulations permit an article to be sent out of the United States in a gift parcel, the article might still be subject to a Cuban import prohibition or other prohibition. Accordingly, articles included in gift parcels may be subject to detention or seizure upon arrival in Cuba.
Export and Shipping Requirements
A gift parcel must be sent directly to the recipient by the individual donor or for such donor by a commercial or other gift-forwarding service or organization. Each gift parcel must show, on the outside wrapper, the name and address of the donor, as well as the name and address of the recipient, regardless of whether sent by the donor or by a forwarding service. Each parcel must have the notation “GIFT—Export License Not Required” written on the addressee side of the package and the symbol “GFT” written on any required customs declaration.
Prohibited Items
Items not eligible for inclusion in gift parcels as listed in 15 CFR § 740.12(a).
All items included on the Commerce Control List (15 CFR Part 774), other than consumer communications devices, computers, and software.
Military wearing apparel, regardless of whether all distinctive U.S. military insignia, buttons, and other markings are removed.
Gold bullion, gold taels, and gold bars.
Items listed under the general listing of prohibitions below.
Frequency
Except for gift parcels of food, not more than one gift parcel may be sent from the same donor to the same recipient in any one calendar month. There is no frequency limit on gift parcels of food to Cuba.
Parties seeking authorization to exceed the frequency limit due to compelling humanitarian concerns (e.g., for certain gifts of medicine) should submit a license application, with complete justification, to the Commerce Department, Bureau of Industry and Security, in accordance with 15 CFR §§ 748.1, 748.4, and 748.6.
Value
The combined total domestic retail value of all commodities in a single gift parcel may not exceed $800. This limit does not apply to food sent in a gift parcel.
Note: Although Commerce Department regulations provide an $800 maximum limit for these items, the total value for each First-Class Mail International, International Priority Airmail, International Surface Air Lift, and Priority Mail International flat-rate envelope and small flat-rate box item cannot exceed $400.
Eligible Recipients
A gift parcel may be sent to any individual or a religious, charitable, or educational organization for the use of the recipient or the recipient’s immediate family (and not for resale). The gift parcel must be provided free of charge to the recipient. However, payment by the recipient of any handling charges or of any fees levied by Cuba (e.g., import duties, taxes, etc.) is not considered to be a cost to the recipient for purposes of this definition of gift parcel.
Ineligible Recipients
No gift parcel may be sent to any of the following officials of the Cuban government: ministers and vice-ministers; members of the Council of State; members of the Council of Ministers; members and employees of the National Assembly of People’s Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense of the Revolution; director generals and sub-director generals and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior (MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the Confederation of Labor of Cuba (CTC) and its component unions; chief editors, editors, and deputy editors of Cuban state-run media organizations and programs, including newspapers, television, and radio; or members and employees of the Supreme Court (Tribuno Supremo Nacional).
No gift parcel may be sent to any of the following officials or members of the Cuban Communist Party: members of the Politburo; the Central Committee; department heads of the Central Committee; employees of the Central Committee; and the secretaries and first secretaries of provincial Party central committees.
No gift parcel may be sent to organizations administered or controlled by the Cuban government or the Cuban Communist Party.
HUMANITARIAN DONATIONS
Eligible Humanitarian Donations to Cuba
Articles eligible for inclusion in humanitarian donation items to Cuba must meet basic human needs, which are defined as those requirements essential to individual well-being: health, food, clothing, shelter, and education. These needs are considered to extend beyond those of an emergency nature and those that meet direct needs for mere subsistence.
Items must be provided free of charge to the beneficiary. However, the payment by the beneficiary of normal handling charges or fees levied by Cuba (e.g., import duties, taxes, etc.) is not considered to be a cost to the beneficiary.
Eligible commodities and software are those listed in Supplement No. 2 to 15 CFR Part 740: equipment for the handicapped; hospital supplies and equipment; laboratory supplies and equipment; medical supplies and devices; medicine-processing equipment; medicines; vitamins; water resources equipment; food; agricultural materials and machinery suited to small-scale farming operations; agricultural research and testing equipment; fertilizers; fishing equipment and supplies suited to small-scale fishing operations; insecticides; pesticides; seeds; small-scale irrigation equipment; veterinary medicines and supplies; bedding; clothes; cooking utensils; fabric; personal hygiene items; soap-making equipment; weaving and sewing equipment; building materials; hand tools; books; individual school supplies; school furniture; special education supplies and equipment for the handicapped; and generators, office supplies, audio-visual aids for training, and equipment necessary to operate and administer the donative program.
Export and Shipping Requirements
Each humanitarian donation must show on the outside wrapper the name and address of the donor, as well as the name and address of the recipient, regardless of whether sent by the donor or by a forwarding service.
Each parcel must have the notation “GIFT—Export License Not Required” written on the addressee side of the package and the symbol “GFT” written on any required customs declaration.
Eligible Donors
Eligible donors are U.S. charitable organizations that have an established record of involvement in donation programs and experience in maintaining and verifying a system of distribution to ensure delivery of commodities and software to the intended beneficiaries. The donor organization must keep records containing certain information, in accordance with 15 CFR § 740.12(b)(7).
Eligible Recipients
Humanitarian donations may be sent to groups or organizations that have experience in maintaining a verifiable system of distribution that ensures delivery to intended beneficiaries of items that meet basic human needs.
CONSUMER COMMUNICATIONS DEVICES, COMPUTERS, AND SOFTWARE
Eligible Consumer Communications Devices, Computers, and Software (CCD) to Cuba
In accordance with Commerce Department rules, the following commodities and software are eligible for export as CCD items:
(1) Computers classified under Export Control Classification Number (ECCN) 4A994.b or designated EAR99 that do not exceed an adjusted peak performance of 0.02 weighted teraflops.
(2) Disk drives and solid state storage equipment classified under ECCN 5A992 or designated EAR99.
(3) Input/output control units (other than industrial controllers designed for chemical processing) designated EAR99.
(4) Graphics accelerators and graphics coprocessors designated EAR99.
(5) Monitors classified under ECCN 5A992 or designated EAR99.
(6) Printers classified under ECCN 5A992 or designated EAR99.
(7) Modems classified under ECCNs 5A991.b.2 or 5A992 or designated EAR99.
(8) Network access controllers and communications channel controllers classified under ECCN 5A991.b.4 or designated EAR99.
(9) Keyboards, mice, and similar devices designated EAR99.
(10) Mobile phones, including cellular and satellite telephones, personal digital assistants, and subscriber information module (SIM) cards and similar devices classified under ECCNs 5A992 or 5A991 or designated EAR99.
(11) Memory devices classified under ECCN 5A992 or designated EAR99.
(12) “Information security” equipment, “software” (except “encryption source code”), and peripherals classified under ECCNs 5A992 or 5D992 or designated EAR99.
(13) Digital cameras and memory cards classified under ECCN 5A992 or designated EAR99.
(14) Television and radio receivers classified under ECCN 5A992 or designated EAR99.
(15) Recording devices classified under ECCN 5A992 or designated EAR99.
(16) Batteries, chargers, carrying cases, and accessories for the equipment described in this paragraph that are designated EAR99.
(17) “Software” (except “encryption source code”) classified under ECCNs 4D994, 5D991, or 5D992 or designated EAR99 to be used for equipment described in this paragraph.
Prohibited CCD Items
Items not included on the list above.
Value and Frequency
There are no limits on value or frequency of shipments.
Note: Although Commerce Department regulations provide no maximum limit for CCD items, the total value for each First-Class Mail International, International Priority Airmail, International Surface Air Lift, and Priority Mail International flat-rate envelope and small flat-rate box item cannot exceed $400.
Donation Requirement
CCD items must be donated free of charge by the exporter to one or more eligible end-users. The payment by an end-user of any handling charges arising within Cuba or any charges levied by the government of Cuba shall not be considered a charge for these purposes.
Export and Shipping Requirements
Each CCD item must have the symbol “CCD” written on any required customs declaration.
Prior to mailing a CCD item, the customer must file electronic export information via the Census Bureau’s Automated Export System or AESDirect Web site and must comply with other applicable requirements (see 520).
Note: These requirements do not apply to CCD-type articles included in a gift parcel item.
Eligible End-users
Organizations. The Commerce Department License Exception may be used to export or re-export eligible commodities and software to and for the use of independent non-governmental organizations. As indicated in the “Ineligible End-users” paragraph below, the Cuban government and the Cuban Communist Party and organizations they administer or control are not eligible end-users.
Individuals. The Commerce Department License Exception may be used to export eligible commodities and software to and for the use of individuals other than the officials of the Cuban government and Cuban Communist Party listed in the following paragraph.
Ineligible End-users
Ineligible Cuban Government Officials. Ministers and vice-ministers; members of the Council of State; members of the Council of Ministers; members and employees of the National Assembly of People’s Power; members of any provincial assembly; local sector chiefs of the Committees for the Defense of the Revolution; director generals and sub-director generals and higher of all Cuban ministries and state agencies; employees of the Ministry of the Interior (MININT); employees of the Ministry of Defense (MINFAR); secretaries and first secretaries of the Confederation of Labor of Cuba (CTC) and its component unions; chief editors, editors, and deputy editors of Cuban state-run media organizations and programs, including newspapers, television, and radio; or members and employees of the Supreme Court (Tribuno Supremo Nacional).
Ineligible Cuban Communist Party Officials. Members of the Politburo; the Central Committee; department heads of the Central Committee; employees of the Central Committee; and the secretaries and first secretaries of provincial Party central committees.
Prohibitions (130)
Coins; banknotes; currency notes; securities payable to bearer; manufactured and unmanufactured platinum, gold, and silver; precious stones; jewelry; and other valuable articles.
Musical letters or cards that play a sound recording when opened.
Perishable infectious biological substances.
Perishable noninfectious biological substances.
Radioactive materials.
Restrictions
Currency, postage stamps for sale or exchange, checks, securities, and other financial instruments must be licensed by the U.S. Treasury Department.
All items not subject to the above rules for gift parcels, humanitarian donations, and consumer communications devices, computers, and software must be licensed or otherwise authorized by the U.S. Commerce Department and/or the U.S. Treasury Department.
Observations
1. Items not eligible for import into Cuba may be confiscated upon entering Cuba or returned to sender.
2. Customers mailing consumer communications devices, computers, and software to Cuba are required to file electronic export information via the Census Bureau’s Automated Export System or AESDirect Web site prior to mailing (see 520) except when such articles are included in a gift parcel item. Customers are not required to make such a filing for gift parcels and humanitarian donations as described above.
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We will incorporate these revisions into the next printed version of the IMM and into the monthly update of the online IMM, which is available via Postal Explorer\u201A at http://pe.usps.com.
— Mailing Standards,
Pricing, 9-24-09
