On June 30, 2025, President Donald Trump reissued National Security Presidential Memorandum (NSPM-5) to address U.S. policy towards Cuba. This version of NSPM-5 revises and amends the earlier version of NSPM-5 issued in June 2017 (see Thompson Hine Update of June 20, 2017).
NSPM-5 includes several policy statements including continued support of economic embargo of Cuba as set forth in the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, including by opposing measures that call for an end to the embargo at the United Nations and other international forums. The administration is also directed to ensure adherence to the statutory ban on tourism to Cuba (relaxed during the Obama administration) and to not reinstate the “Wet Foot, Dry Foot” policy which encouraged “unlawful” travel by Cuban nationals to the United States.
The memorandum notes that policy interests include: advancing Cuban human rights; encouraging the growth of a Cuban private sector independent of government control; enforcing final orders of removal against Cuban nationals in the United States; protecting the national security and public health and safety of the United States, including through proper engagement on criminal cases and working to ensure the return of fugitives from American justice living in Cuba or being harbored by the Cuban government; supporting United States agriculture and protecting plant and animal health; advancing the understanding of the United States regarding scientific and environmental challenges; and facilitating safe civil aviation.
Accordingly, by July 30, 2025, the Secretary of the Treasury and the Secretary of Commerce, as appropriate and in coordination with the Secretary of State and the Secretary of Transportation, are directed to initiate a process to adjust current regulations regarding transactions with Cuba. Such efforts will include, but are not limited to:
- The Secretary of State identifying any entities that are under the control of, or act for or on behalf of, or for the benefit of, the Cuban military, intelligence, or security services or personnel, and publish a list of those identified entities and prohibit direct or indirect financial transactions with such entities.
- The Secretary of the Treasury initiating a process to adjust current regulations to ensure adherence to the statutory ban on tourism to Cuba, and regularly auditing travel to Cuba to ensure that travelers are complying with relevant statutes and regulations.
- The Department of the Treasury expanding its current regulation defining the term “prohibited officials of the Government of Cuba” to include additional Cuban government ministers, state agencies, and certain employees of the Ministry of the Interior, Ministry of Defense, and Cuban state-run media organizations.
- The Secretary of State convening a task force to examine the technological challenges and opportunities for expanding internet access in Cuba, including through federal government support of programs and activities that encourage freedom of expression through independent media and internet freedom in Cuba.
- The Secretary of State and the Secretary of Homeland Security continuing to discourage unlawful migration from Cuba and carrying out duties regarding interdiction of migrants.
Accordingly, parties engaged in transactions involving Cuba should closely monitor developments and any forthcoming regulatory changes.