Berman Amendment

Under the informational materials exemption of the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (the "CACR"), prior authorization is not required for a variety of informational transactions between the US and Cuba. This means there is no need for a license or even any communication with the US government, Treasury, OFAC, the State Department or any other branch prior to engaging in any informational transaction.

The "informational materials exemption, " also known as the "Berman amendment," is found in § 2502(a) of the Omnibus Trade and Competitiveness Act, Pub. L. No. 100-418, 102 Stat. 1107 (1988), and § 525 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, Pub. L. No. 103-236, 108 Stat. 382 (1994). These amendments to § 5(b)(a) of the Trading with the Enemy Act, 50 USC. App. §§1-44 ("TWEA"), restrict the President’s authority to regulate, directly or indirectly, the importation or exportation of information or informational materials, regardless of the format or medium of transmission or whether the information or informational materials are for personal or commercial use. Sections 5 15.206 and 5 15.332 of the CACR, respectively, provide notice of this exemption and define the term "information and informational materials."

Section 5 15.545 of the CACR contains a general license covering transactions incident to such exportation and importation.

Source: www.ustreas.gov/offices/enforcement/ofac/rulings/ltr041602.pdf

Informational materials has been deemed to include books, magazines, videos, music, paintings, sculptures, and other works of art.