Travel from the US to Cancun with a layover in Cuba as an European citizen

There are a few recent questions relating traveling to Cuba as a European citizen, such as this one and this one. These however are with flights terminating in Cuba, with the intention to stay in Cuba.

Do the same restrictions apply for Europeans having merely a layover in Cuba? The closest related answer is for US citizens, which I not the same.

Best Answer

The Cuba sanctions are under 31 CFR § 515 and the relevant part is:

31 CFR § 515.560 - Travel-related transactions to, from, and within Cuba by persons subject to U.S. jurisdiction

Well, are you subject to U.S. jurisdiction?

31 CFR § 515.329 - Person subject to the jurisdiction of the United States; person subject to U.S. jurisdiction.

(b) Any person within the United States as defined in § 515.330;

31 CFR § 515.330 - Person within the United States

(1) Any person, wheresoever located, who is a resident of the United States;
(2) Any person actually within the United States;

That's crystal clear. The restrictions apply not only to citizens and residents but to anyone within the US. And the restrictions (first link) do not recognize a layover as a valid activity.