--- title: "The US laws behind the Cuba blockade" summary: "The US blockade of Cuba comes from many US laws, orders and Treasury rules made between 1961 and 2026. Some need Congress to change, others do not." published: 2026-10-29 reviewed: 2026-10-29 canonical: "https://cuba.timothybrits.co.za/learn/the-laws" license: "CC BY 4.0" --- # The US laws behind the Cuba blockade > The US blockade of Cuba rests on several laws and orders. The main ones are the Foreign Assistance Act of 1961, the Trading with the Enemy Act, the Cuban Democracy Act of 1992 and the Helms-Burton Act of 1996 [1]. A president can change orders, but only Congress can change the laws [1]. ## 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](https://cuba.timothybrits.co.za/glossary#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](https://cuba.timothybrits.co.za/glossary#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](https://cuba.timothybrits.co.za/glossary#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](https://cuba.timothybrits.co.za/glossary#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](https://cuba.timothybrits.co.za/glossary#extraterritorial-sanctions) 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] ## Main counterarguments - The US government says these laws protect people and property. The Helms-Burton Act says it aims to help the Cuban people regain freedom and to protect US nationals from the wrongful trading in property that Cuba took [4]. In January 2025, Secretary of State Marco Rubio said the US supports the right of US persons to bring lawsuits over confiscated property [8]. - US officials say the terror listing and the 2026 orders answer real threats. Mr Rubio said in January 2025 that the Cuban government has long supported international terrorism [8]. Executive Order 14380 says Cuba works with Russia, China, Iran, Hamas and Hezbollah, and hosts a Russian signals intelligence facility [10]. - The US also says its laws leave room for trade in food and medicine. The 2000 trade act allows such sales under licence and for cash in advance [1]. ## Sources 1. Cuba Sanctions: Legislative Restrictions Limiting the Normalization of Relations (CRS Report R43888). Congressional Research Service (via EveryCRSReport.com), 4 May 2018. https://www.everycrsreport.com/reports/R43888.html (US government) 2. Proclamation 3447, Embargo on all trade with Cuba. US National Archives, Office of the Federal Register, 3 February 1962. https://www.archives.gov/federal-register/codification/proclamations/03447.html (US government) 3. Cuba Sanctions. US Department of the Treasury, Office of Foreign Assets Control. https://ofac.treasury.gov/sanctions-programs-and-country-information/cuba-sanctions (US government) 4. Public Law 104-114: Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. US Government Publishing Office (govinfo), 12 March 1996. https://www.govinfo.gov/content/pkg/PLAW-104publ114/html/PLAW-104publ114.htm (US government) 5. End of Suspension of Title III of the Helms-Burton Act: Authorization of Claims Under U.S. Law for 'Trafficking' In Certain Cuban Properties (Updated). Cleary Gottlieb Steen & Hamilton LLP, 19 April 2019. https://www.clearygottlieb.com/news-and-insights/publication-listing/end-of-suspension-of-title-iii-of-the-helms-burton-act (News) 6. U.S. Announces Steps to Ease Cuba Sanctions. Holland & Knight LLP, 15 January 2025. https://www.hklaw.com/en/insights/publications/2025/01/us-announces-steps-to-ease-cuba-sanctions (News) 7. Trump Administration Rescinds Certain Actions by Previous Administration to Ease Cuba Sanctions. Holland & Knight LLP. https://www.hklaw.com/en/insights/publications/2025/07/trump-administration-rescinds-certain-actions-by-previous (News) 8. Restoring A Tough U.S.-Cuba Policy. Scoop (republishing a US Department of State statement by Secretary Marco Rubio), 5 February 2025. https://www.scoop.co.nz/stories/WO2502/S00027.htm (US government) 9. Cuba: Independent experts condemn new US sanctions as humanitarian crisis deepens. UN News, 6 August 2026. https://news.un.org/en/story/2026/08/1168094 (United Nations) 10. Executive Order 14380: Addressing Threats to the United States by the Government of Cuba. The American Presidency Project, University of California, Santa Barbara (reproducing the US executive order), 29 January 2026. https://www.presidency.ucsb.edu/documents/executive-order-14380-addressing-threats-the-united-states-the-government-cuba (Academic) 11. OFAC Issues New Cuba Sanctions Program and Amends the CACR. Holland & Knight LLP, 9 October 2026. https://www.hklaw.com/en/insights/publications/2026/10/ofac-issues-new-cuba-sanctions-program-and-amends-the-cacr (News) 12. General Assembly weighs US embargo against Cuba ahead of 34th vote. UN News. https://news.un.org/en/story/2026/10/1168686 (United Nations) 13. Committee on International Relations reiterates South Africa's call for lifting US embargo and unilateral measures against Cuba. Parliament of the Republic of South Africa, 13 August 2026. https://www.parliament.gov.za/news/south-africa-reiterates-call-lifting-us-embargo-and-unilateral-measures-against-cuba (South African government) ## What you can do - [Ask your MP to keep SA backing Cuba](https://cuba.timothybrits.co.za/act/ask-your-mp-un-vote) - [Ask DIRCO for SA's position](https://cuba.timothybrits.co.za/act/write-dirco-sa-position)