How to sell to Cuba’s private sector from Florida: U.S. manufacturers and distributors
U.S. manufacturers and U.S. distributors sell to Cuban MIPYMEs as U.S. exporters under 31 CFR §515.533 and a Commerce authorization; the Cuban buyer pays the U.S. seller from its QvaPay account, and QvaPort (in formation) will consolidate in Florida. U.S.-made goods first. The ten steps, who does what, what cannot be done, and the document chain.
Who this is for: U.S. manufacturers, U.S. distributors and exporters, Cuban MIPYMEs and cooperatives
Two parts of this route are QvaPay's legal reading, submitted to OFAC (Case CU-2025-1426925-1) and not yet confirmed: (1) that a foreign-made item sold from a U.S. distributor’s U.S. inventory is an export “from the United States” under §515.533, and (2) that a Cuban enterprise's payment from a balance held at a U.S. payment platform is “ordinarily incident” to that export. Do not rely on this page as authorization; have your own counsel confirm it.
The Panama, Mexico and Hong Kong hubs did not die because of the goods — they died because of the money leg. Since September 30, 2026 a Cuban MIPYME's dollars cannot pay a supplier outside the United States through U.S. banks, and the third-country bank in the middle risks EO 14404 exposure. The Florida route fixes the money leg by selling from the United States: a U.S. manufacturer, or a U.S. distributor from its own U.S. inventory, sells to the Cuban buyer as a U.S. export under §515.533 and a Commerce authorization, and the Cuban buyer pays the U.S. seller — a payment ordinarily incident to an authorized export (§515.421). U.S.-made goods come first; allied brands are sold only from stock a U.S. distributor already holds in the United States. Florida is where each buyer’s order is consolidated and labeled — by QvaPort, once formed — before the buyer’s carrier takes it. The Cuban buyer pays only the U.S. seller, and the seller runs its own supply chain on its own terms.
The route in two legs: goods and money
Two legs, and the money leg is the one that broke: the dollar wire with a Cuban interest is rejected at the U.S. correspondent, and the third-country bank is exposed under EO 14404.
The MIPYME pays a U.S. manufacturer or distributor for an authorized export. U.S.-made goods first; allied brands only from stock the distributor already holds in the United States. No foreign factory's sale is routed through Florida.
That a payment from a QvaPay balance is ordinarily incident to a §515.533 export is QvaPay's legal reading, put to OFAC (request CU-2025-1426925-1); it is not an OFAC confirmation.
Step by step
- 1The Cuban buyer confirms it may import: in its own name with MINCEX authorization (Decree-Law 133/2026, Resolution 126/2026, through the VUCE), or with a state importer as consignee only that is not on the Restricted List, not blocked and not a 50% subsidiary of a blocked entity. The importer is never the buyer, the payer or the end user.
- 2The seller is the exporter: a U.S. manufacturer selling U.S.-made goods, or a U.S. distributor selling from its own U.S. inventory. U.S.-made goods first; allied-brand goods only from stock already in the distributor’s U.S. inventory. A foreign factory is never the seller, the licence applicant or the payee, and no order is bought abroad for a named Cuban buyer and passed through Florida.
- 3The exporter classifies each product (EAR99 or ECCN) and sets the authorization — SCP, AGR, CCD or a BIS licence — and screens the Cuban buyer and its owners against OFAC, State Department and BIS lists, including the 50% rule.
- 4The seller ships from its U.S. warehouse to its own Florida warehouse or, once QvaPort is formed, to QvaPort’s consolidation point and has its EIN. Lead time: days.
- 5Supply-chain records: for imported brands, proof the goods entered U.S. commerce (entry and duties paid); for forced-labor-risk products (cotton, polysilicon, aluminum, tomato, PVC), supplier traceability. Goods that cannot clear U.S. forced-labor rules are not sold.
- 6Arrival in Florida: the goods reach the consolidation warehouse (QvaPort’s, once formed) from U.S. inventory.
- 7In Florida: repacking, Spanish labeling (Cuban standard NC 108) and consolidation per Cuban buyer.
- 8The Cuban buyer orders from the U.S. exporter and pays from its QvaPay enterprise account. QvaPay releases the payment to the exporter's U.S. account against the documents below — for food, before title and control transfer.
- 9Departure: EEI in AES with the authorization code. Sell FCA or FOB Port Everglades: the Cuban buyer (or its non-blocked forwarder) nominates and pays the carrier and all Cuban port charges; the exporter does not contract carriage to Cuba, does not pay or invoice terminal fees, and does not deal with Terminal de Contenedores de Mariel S.A. (blocked 23 July 2026) or any GEMAR entity. If a U.S. carrier or forwarder is in the chain, its dealings with Cuban port entities must themselves be covered (§515.533 Note 1 with Cuba General License 1 under EO 14404; OFAC FAQ 1253) and screened against the Cuba Restricted List. Export-control responsibility for classification, end user and records stays with the exporter after departure.
- 10Arrival in Cuba: the customs broker files the declaration (DUA) with invoice, packing list, bill of lading, certificate of origin and sanitary permits; the importer pays duties (many inputs are exempt) and port fees in Cuba; collects the goods.
Who is who
- •U.S. manufacturer — sells U.S.-made goods to the Cuban buyer, directly as the exporter or through a U.S. distributor. First in line.
- •U.S. distributor — sells from its own U.S. inventory, U.S.-made first and allied brands second; takes title and risk, sets its price and margin, files the EEI and receives the payment. A real seller, not a conduit: responsible staff, a U.S. bank account, a compliance program, its own records.
- •QvaPort, LLC — a QvaPay subsidiary whose formation the Board has authorized, not yet operating — will consolidate each buyer’s order in Florida, repack and label in Spanish. It will not book or pay carriage to Cuba, and it never buys abroad for a named Cuban order.
- •Cuban buyer (MIPYME, cooperative) — buys from the U.S. seller and imports in its own name; pays from its QvaPay enterprise account. Needs MINCEX authorization or a non-sanctioned importer as consignee, a NIT, an approved enterprise account, a customs broker, sanitary permits and an ownership declaration.
- •QvaPay — processes the Cuban buyer's payment to the U.S. exporter after reviewing the documents. Does not pay suppliers outside the U.S. for Cuban businesses, does not pay port or customs fees in Cuba, does not pay any blocked or Restricted List party, and does not process payments whose originator or ultimate beneficiary is one.
Three rules a regulator will look at first
- •The U.S. seller is a real seller, not a conduit. It sells U.S.-made goods or goods from its own U.S. inventory; takes title and risk; keeps a margin; never buys abroad for a named Cuban order; does not sweep Cuban receipts to a foreign factory. QvaPay treats an exporter whose Cuban receipts are swept to a foreign manufacturer, or whose factory contract names the Cuban buyer, as a conduit; such payments are refused and may be reported.
- •U.S. first. U.S.-made goods lead; allied brands come only from U.S. distributors’ existing U.S. stock. Florida is for consolidation, Spanish labeling and regular ocean service to Mariel, not for relabeling a foreign factory’s sale, which the §515.201(c) evasion clause forbids.
- •No one from the Cuban state as buyer, as the buyer's partner (the 50 percent rule for blocked persons, §516.406; Cuban nationals, §515.302), as end user or as payee. A Cuban state import agency may act only as consignee and importer of record for a private end user, and only if on the day of shipment it is not on the SDN List (including EO 14404 designations and entities 50% or more owned by blocked persons), not on the Cuba Restricted List and not otherwise blocked — a small and shifting set; screen the named importer on the day. The invoice, the payment and the end use remain the MIPYME's.
What QvaPay reviews before releasing an exporter payment
- •The exporter's invoice with HTS lines and classification (EAR99/ECCN); the exporter's signed export-control attestation (classification, authorization — SCP, AGR, CCD or licence — end user, payment terms); the buyer's end-use attestation.
- •The exporter's compliance certificate: classification, authorization, end user, and that no party or intermediary is a state entity, on the Restricted List, blocked or a prohibited official.
- •Screening of every party and intermediary — buyer and its owners, exporter, operator, carrier — against the SDN list, the EO 14404 designations and the 50% rule, the Cuba Restricted List, plus a signed attestation and open-source review on the prohibited-official and Party-member definitions (§515.337, §515.338).
- •The record of which peers sold the buyer the QUSD and when. The transport document and the ITN of the EEI must be uploaded within five business days of shipment or the enterprise account is restricted. Enterprise payments above $10,000 per shipment or $50,000 in 30 days receive enhanced review.
- •A payment order with a blocked or Restricted List party is rejected and reported to OFAC; funds in which a blocked party has an interest are blocked and reported (31 CFR §501.603, §501.604).
Indicative times
- •Florida LLC and EIN: days; the bank account is the slow step (weeks) — ask a bank that will accept the Cuba export business in writing.
- •Export filing: EEI 24 hours before loading.
- •AGR notification (food): 11-business-day review; ship only after SNAP-R/STELA confirms no objection, within 12 months of the contract. BIS licence: 90-day target; Cuba cases go through interagency review and can take longer. MINCEX authorization (VUCE): 15 business days plus 3 is the legal deadline; practice is still settling.
- •Costs vary by broker and carrier — get every leg quoted. Nothing on this page is a rate.
- ✓Seller’s records: proof the goods are U.S.-made or held in the seller’s U.S. inventory (purchase records; U.S. entry and duties paid for imported brands), packing list, HS code and origin per line, technical sheets, supplier traceability for forced-labor-risk products.
- ✓U.S. side: EIN; classification; AGR notification or BIS licence where required; EEI in AES → ITN; bill of lading Florida → Mariel with the ITN.
- ✓Exporter → Cuban buyer: invoice in the MIPYME's name (FOB/FCA Port Everglades, classification, authorization); Destination Control Statement if an ECCN; exporter's compliance certificate and buyer's purpose attestation with each payment order; list screening and 50% rule on file.
- ✓Cuban side: MINCEX authorization (VUCE) or contract with a non-sanctioned importer as consignee; buyer's ownership declaration (no state, GAESA, MINFAR or MININT partner); sanitary registration and ad hoc permits (INHEM, CECMED, VUCE); notification of the foreign payment means to the BCC and ONAT; goods declaration (DUA); proof of duties and fees in USD.
- ✕Pay from a Cuban enterprise account to a supplier outside the United States, or for goods that do not leave the United States; or send the buyer's QUSD to an account outside the United States.
- ✕Use a U.S. seller as a conduit for a foreign factory: goods bought abroad for a named Cuban order, without title or margin, with automatic wiring to the factory, or with a factory contract that names the Cuban buyer. The September 30 rule extended the §515.201(c) evasion clause to the §515.209 prohibition.
- ✕Have a U.S.-owned or -controlled company in a third country sell non-U.S. goods to Cuba directly (§515.533(a)(2)).
- ✕Sell or deliver to end users in the Cuban Government, the Party, the Cuba Restricted List, the officials in §740.21(d)(4), blocked entities or their 50% subsidiaries, or for uses that primarily generate revenue for the state.
- ✕Use License Exception SCP (b)(1) where payment is deposited into a Cuban-owned bank (suspended since 4 March 2026); export medicines, medical devices or agricultural commodities under SCP; use CCD for a business that resells.
- ✕Agree Incoterms that carry the exporter's obligation to Mariel (DAP, DDP), or any payment to the Cuban terminal or Customs from the United States — the Mariel terminal company is blocked.
- ✕Import into Cuba without MINCEX authorization or an importer; put a state enterprise as buyer, payer or end user; use as consignee an importer on the Restricted List, blocked or a subsidiary of a blocked entity.
- ✕Try to route around these rules — split payments, use a conduit, pay through an unidentified third party. Such attempts are refused and may be reported as the Bank Secrecy Act requires (31 CFR §1022.320).
Common questions
Why sell from U.S. manufacturers and distributors?+
Because a sale by a U.S. seller from the United States is a U.S. export under §515.533 and a Commerce authorization, and — QvaPay’s reading, pending with OFAC — the Cuban buyer’s payment to that seller is ordinarily incident to it (§515.421). U.S.-made goods are the clearest case. How §515.533 applies to foreign-made goods sold from U.S. inventory is part of QvaPay’s pending request for interpretive guidance to OFAC (CU-2025-1426925-1), not yet an OFAC confirmation. Every payment is released only with the full document set.
Can the Cuban buyer use a state importer?+
Only as consignee and customs handler, and only one that is not on the Restricted List, not blocked and not a 50% subsidiary of a blocked entity — which today rules out GECOMEX and its group, Consumimport, Transimport, Tecnotex, Tecnoimport and CIMEX. The invoice is in the MIPYME's name and the MIPYME pays. The preferred route is direct import with MINCEX authorization.
Who pays the Mariel terminal?+
The importer in Cuba, with funds in Cuba. The terminal company, Terminal de Contenedores de Mariel S.A., is blocked (SDN, 23 July 2026) and the port group GEMAR is designated; the U.S. exporter and QvaPay neither pay nor process those fees. An Incoterm allocates cost and risk between seller and buyer — it does not by itself keep a U.S. exporter clear of a blocked port: the exporter must also not contract the carriage, the terminal services or any dealing with the blocked entities, and any U.S. carrier or forwarder in the chain needs its own cover (§515.533 Note 1 with Cuba GL 1; FAQ 1253).
Where do I get the full partner guide?+
The full guide — zone-by-zone contacts, the worked container example and the complete document checklist — is available in English and Spanish from enterprise@qvapay.com, or through the contact form (topic: exporters).
Open QvaPay and follow the steps above. If you are a business, an exporter or an organization, write to us and we onboard you case by case.
QvaPay, Inc. is a FinCEN-registered money services business (MSB No. 31000329382692) providing payment services; it is not a bank. A QUSD balance is a payment obligation of QvaPay, Inc., held in the United States — not a bank deposit and not FDIC-insured. QvaPay forwards remittances under 31 CFR §515.572(a)(3) and processes authorized payments as transactions ordinarily incident under §515.421 (OFAC FAQ 756); the standing of balances held for persons in Cuba is among the questions put to OFAC in QvaPay's pending request for interpretive guidance (Case CU-2025-1426925-1).
This guide is general information, not legal advice and not a determination that any transaction is authorized. Rules change; the update date is above. Keep your own records for ten years (31 CFR §501.601).