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The United States opened an unprecedented door this Wednesday in the complex web of energy sanctions surrounding Cuba and Venezuela.
The Department of the Treasury announced that it will implement a policy favorable to applications for specific licenses to authorize the resale of Venezuelan-origin oil destined for the island, as long as those operations directly benefit the Cuban private sector and not state or military structures.
The measure was confirmed by Reuters and outlined in an official document published on February 25 by the Office of Foreign Assets Control (OFAC), under the section "Sanctions on Venezuela."
According to the agency, the U.S. Treasury indicated that it will implement "a policy favorable to requests for specific licenses seeking authorization for the resale of Venezuelan-origin oil for use in Cuba."
The directive, she emphasized, targets transactions that support the Cuban people, including the private sector, and excludes any operations that involve or benefit the military or other government institutions on the island.
"Support and solidarity with the Cuban people"
In its response to frequently asked question 1238, OFAC outlines the scope of the new policy.
"In accordance with the support and solidarity of the United States with the Cuban people, OFAC would implement a favorable licensing policy for specific license requests seeking authorization for the resale of Venezuelan-origin oil for use in Cuba," states the official document.
In order for an operation to qualify under this scheme, “the requested transactions would have to be consistent with the terms and conditions of the General License of Venezuela (GL) 46A,” although it introduces a relevant caveat: “applicants do not necessarily need to have an established U.S. entity, and the limitations in GL 46A regarding Cuba would not apply.”
The OFAC emphasizes that this policy “is aimed at transactions that support the Cuban people, including the Cuban private sector (for example, exports for commercial and humanitarian use in Cuba).”
The limit, however, is explicit.
"According to applicable law and policy in the United States, transactions involving or benefiting any person or entity associated with the Cuban military, intelligence services, or other government institutions, including those entities listed on the U.S. Department of State's Cuba Restricted List (...) would not be covered by this favorable licensing policy," states the document.
The reference includes the entities listed in the Department of State's Restricted List, where numerous companies controlled by the military conglomerate GAESA are mentioned.
Difference between Venezuelan and American oil
The document also clarifies a key point: the regulation regarding oil of U.S. origin remains primarily dependent on the Department of Commerce.
"As a reminder, the U.S. Department of Commerce mainly regulates the export or reexport of U.S.-origin oil to Cuba," states OFAC, as well as all items subject to the Export Administration Regulations (EAR).
Regarding the Treasury rules, the Cuban Asset Control Regulations "generally authorize U.S. persons to engage in transactions ordinarily incident to the exportation of U.S. oil to Cuba […] when such export or reexport has been authorized by the Department of Commerce."
In addition, it is specified that this authorization "applies to transactions covered by the applicable licensing exceptions of the Department of Commerce, including the Support for the Cuban People (SCP) Licensing Exception," which "authorizes the export and reexport of gas and other petroleum-derived products to improve living conditions and support independent economic activity."
In practical terms, the OFAC summarizes: "exports of U.S. origin petroleum, as well as other gas and oil products covered by the SCP License Exception, do not require separate authorizations from the OFAC."
The agency also refers to frequently asked question 1226 for the definition of “Venezuelan-origin oil,” which “includes products derived from oil.”
A movement with political and economic implications
The announcement introduces a clear distinction within the sanctions regime: allowing energy operations as long as they do not strengthen Cuban state and military structures, and instead can support private commercial or humanitarian activities.
In a country where the State controls the energy system and fuel imports, the practical implementation of this policy will depend on how operations are structured and which actors benefit from it.
The explicit exclusion of entities linked to the military and the governmental apparatus significantly limits the Cuban government's maneuverability.
At the same time, the direct reference to the "Cuban private sector" occurs within a context of expansion—albeit under significant restrictions—of micro, small, and medium-sized enterprises (mipymes) on the island, many of which depend on access to fuels and derivatives to operate.
Washington's decision does not lift the energy sanctions on Venezuela or Cuba, but it establishes a conditional channel that could allow Venezuelan oil to reach private actors on the island, always under specific licensing and U.S. supervision.
UNDER CONSTRUCTION
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