The US laws behind the Cuba blockade

A stack of laws

The blockade rests on many laws, orders and Treasury rules added over more than 60 years.

The first layer, 1961 to 1963

The Foreign Assistance Act of 1961 lets the President set up a “total embargo upon all trade” between the US and Cuba. ¹

President John F. Kennedy used that power in Proclamation 3447 in February 1962. ²

In March 1962, the Trading with the Enemy Act became a second legal basis. In July 1963, the Treasury issued the Cuban Assets Control Regulations under both laws. ¹ OFAC lists them as 31 CFR Part 515. ³

Two acts from the 1990s

The Cuban Democracy Act of 1992 bars US-owned companies abroad from trading with Cuba. It also stops ships that visited Cuba from loading or unloading freight in the US for 180 days, unless the Treasury gives a licence. ¹

The Helms-Burton Act was approved on 12 March 1996. ⁴ It did three main things.

First, it wrote the embargo, as it stood on 1 March 1996, into law. ⁴

Second, Title III lets US nationals sue people who “traffic” in property Cuba confiscated. ¹

Third, Title IV bars such people from entering the US. ¹

The Act also says when a president may suspend the embargo. This needs a transition government in Cuba, and the President must first consult Congress. ⁴

Title III on and off

Presidents suspended Title III in six-month periods from 1996. ¹ On 17 April 2019, the Trump administration said it would stop. Lawsuits could be filed from 2 May 2019. ⁵

From that date, former owners of confiscated property could bring claims in US courts against foreign companies accused of “trafficking” in it. ⁵ This is why Title III matters to companies outside the US.

In January 2025, President Biden announced a new six-month suspension of Title III. ⁶ Secretary of State Marco Rubio later withdrew that notice. ⁷

Food, medicine and travel

The Trade Sanctions Reform and Export Enhancement Act of 2000 allows limited exports of farm goods, medicine and medical supplies to Cuba. The buyer must pay cash in advance, or use financing from a third country. ¹

The same Act bars tourist travel to Cuba. ¹ OFAC lists the Act among its legal authorities for Cuba. ³

The terror list

The state sponsor of terrorism list is separate from the embargo laws.

On 14 January 2025, President Biden told Congress he would remove Cuba from the list. ⁶ A Trump executive order then added Cuba back. ⁷

Mr Rubio said in January 2025 that the Cuban government “has long supported” terrorism. ⁸ In August 2026, independent UN human rights experts said a US report gave no concrete evidence of this. ⁹

2026: emergency powers

Executive Order 14380, signed on 29 January 2026, declared a national emergency about Cuba. It lets the President add tariffs on goods from countries that supply oil to Cuba. ¹⁰

Executive Order 14404, signed on 1 May 2026, targets people in Cuba’s energy, defence, mining, financial and security sectors. It also allows sanctions on foreign banks that handle “significant” transactions for them. ¹¹

On 30 September 2026, a new set of Treasury rules took effect, called the Cuba Sanctions Regulations. ¹¹ Reaching foreign banks is an example of extraterritorial sanctions.

The UN resolution voted on in October 2026 voices concern about the Helms-Burton Act’s reach beyond US borders. It urges states with similar laws to repeal them. ¹²

Laws and orders are different

Congress passes laws, while a president can write executive orders alone. Many of the 2025 and 2026 changes came through orders, notices and Treasury rules, which a later president can change. The laws above need Congress.

Who can end it

A report for the US Congress says the President cannot end the embargo alone. Helms-Burton ties its end to a “democratically elected government in Cuba.” Without that, Congress would need to change the laws. ¹

South Africa’s Parliament committee on international relations backs the “immediate and unconditional lifting” of the embargo. ¹³