Jan

29

Buy Me Some Peanuts and OFAC-jacks


Posted by at 1:13 am on January 29, 2015
Category: BaseballCuba SanctionsOFAC

Yoan Moncada via MLB http://js.mlblogs.com/2014/06/30/cuban-inf-prospect-yoan-moncada-has-left-the-island/ [Fair Use]
ABOVE: Yoan Moncado


It’s cold outside. It’s been snowing. So it’s time, of course, to dream of spring training and the boys of summer. Let’s talk baseball. And OFAC. Batter up!

Baseball blogs, reporters and social media are a-twitter that Yoan Moncado, the 19-year-old baseball phenomenon from Cuba, is not currently able to sign with a Major League Baseball team because of OFAC and the embargo against Cuba.

The new Cuba regulations leave in place the general license, useful mostly to baseball teams, which unblocks Cuban nationals after they have taken up permanent residence in a country outside Cuba. Once a Cuban baseball player has been unblocked, he can be signed by a U.S. baseball team.

Moncado, it seems, has become a permanent resident of Guatemala. So what’s the hold-up? Well, it’s not OFAC. It’s worse. It’s fear of OFAC. Notwithstanding the provision unblocking Moncado, MLB, apparently fearing the ire of OFAC (and a mega-fine) if evidence of permanent residence outside Cuba is faked, still requires a specific license from OFAC prior to allowing a team to sign a Cuban player. The problem is OFAC is apparently saying that it won’t issue a specific license when the conditions for the general license are met. Unstoppable force, meet immovable object. Immovable object, meet unstoppable force.

According to an MLB memo, reported here, MLB and OFAC are in discussions to resolve this impasse. Don’t break out the Cuban cigars yet to celebrate Moncado’s signing.

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