May 10, 2015, 8:31 am
Last edit by: JDiver
WARNING: Trump speech in Miami today, June 16, 2017, announced (using the words "effective immediately") reinstatement of the tourist travel ban to Cuba. "Trump will re-impose the requirement that "people-to-people" travelers can only come to Cuba with heavily regulated tour groups. " for USA citizens and residents, that bans individual "self certified" travel to Cuba under the current OFAC 12 categories described below. That means (expensive) group travel for most, currently offered by travel and cruise companies (those will be allowed to continue).
US airlines will be allowed to continue to serve Cuba, but the new restrictions will mean most planning to travel individually will not be able to usevthese carriers (unless on authorized or licensed group travel).
Those groups with travel arrangements will probably have to make significant itinerary changes to conform with the policy's ban most American financial transactions with branches or businesses operated by the military-linked Armed Forces Business Enterprises Group (GAESA), a conglomerate involved in many economic sectors in Cuba - including many hotels, state-run restaurants and tour buses.
"WHEN DOES IT TAKE EFFECT?"
"The details of Trump’s new policy remain unwritten. In a presidential directive he signed at the end of his speech, he ordered the Treasury and Commerce departments to draw up new regulations to replace elements of Obama’s policy changes. White House officials said that actual changes remain months away." (Washington Post - link)
"The new realities of U.S. travel to Cuba will be determined by the regulations that federal agencies will produce as a result of the new policy. A presidential memorandum gives the government 90 days before it even starts to rewrite Cuba travel regulations, meaning it could be many months before it's clear what the change means for American travelers.
The Treasury Department said individuals who bought an airline ticket or rented a room or car before Trump's announcement could make additional travel-related purchases for that travel under the Obama policy, even if their trip to Cuba takes place after the new, stricter Trump regulations go into effect." (abc news - link)
Verify arrangements already made with your airline, travel provider, AirBnB, etc.
Please keep an eye on OFAC modifications, Cuba travel policies in the US etc. on the State Department site, etc. (see below). Once OFAC controls allow it, travel of U. S. tourists to Cuba will undoubtedly thrive.
Further information, added 11 Jun 2016:
NOTE: When you arrive in the USA, DO declare Cuba on the U S Customs form 6059B. The USCBP officers generally do not care or give your travel to Cuba via Antigua or Cancún a second thought. But failing to disclose your travel to Cuba to a Federal agent? That's a violation of 18 U. S. Code § 1001, commonly called "making false statements", a felony punishable by up to five years in Federal Prison.
Nope, you wouldn't, but such an offense would jeopardize GE / APHIS / PreCheck, etc. and could certainly incur enhanced scrutiny on re-entering the USA or flying into / out of a U.S. airport.
18 U.S.C. § 1001 link
NOTE: Travel to Cuba is still regulated (Jun 2016). American residents must meet one criterion of twelve categories of allowed travel to Cuba.
"Travel to Cuba for tourist activities remains prohibited by statute. There are, however, 12 categories of authorized travel. The Department of Treasury's Office of Foreign Assets Control (OFAC) has issued general licenses in all 12 categories of authorized travel, subject to appropriate conditions. This means that individuals who meet the regulatory conditions of the respective general license they seek to travel under do not need to apply for a specific license from OFAC to travel to Cuba.
The 12 categories of authorized travel to Cuba are: family visits; official business of the U.S. government, foreign governments, and certain intergovernmental organizations; journalistic activity; professional research and professional meetings; educational activities; religious activities; public performances, clinics, workshops, athletic and other competitions, and exhibitions; support for the Cuban people; humanitarian projects; activities of private foundations or research or educational institutes; exportation, importation, or transmission of information or informational materials; and certain authorized export transactions."
U.S. Embassy, La Havana, Cuba (link)
Certain spend and other requirements must be met, in accord with regulations issued by the U. S. Treasury Department's Office of Foreign Assets Control (link to PDF), and the Cuba Assets Control Regulations of 16 Mar 2016, 31 CFR 515 (link to PDF).
NOTE: US Citizens and Residents must possess a current passport with a minimum of two empty visa (not note) pages.
You must exchange US Dollars to CUC - Cuban Convertible Pesos in authorized locations, and are required to spend CUC in Cuba (not dollars). CUC are not exportable out of Cuba. (Hint: the writer of this wikipost had no trouble exchanging Euro at decent market rates and found Euro accepted in some locations due to the prevalence of European tourists in Cuba.) Some US credit card acceptance is said to occur now, but if so it's a recent change.
At the airport CADECA booth you can change the last of your CUCs. Or you can buy duty-free items or books etc. sold from the government propaganda shop to spend the last of your CUCs.
Please read the extensive U.S. Department of State information regarding Cuba if you are a U.S. Citizen or Resident. Link.
US airlines begin commercial USA - Cuba flights by September 2016
In March, the USDOT accepted airline applications wishing to offer non-charter commercial flights between the USA and Cuba. On June 10, 2016 USDOT issued an order for six US airlines to operate flights between the USA and Cuba, to begin September 2016 HAV / La Habana flight orders to come this summer.)
Source links:
Yahoo! Finance (Link).
USA Today (link): "WASHINGTON — Six U.S. airlines were approved to begin the first scheduled flights to Cuba in more than 50 years, the Transportation Department announced Friday.
The airlines were approved to fly from five U.S. cities to nine Cuban cities other than Havana. But the department is still considering which airlines will get a combined 20 daily flights to the capital out of 60 proposals, which will be announced later this summer..."
Reuters: (link) "American (AAL.O) will have nonstop service from Miami, the largest Cuban community in the United States; Southwest (LUV.N), JetBlue (JBLU.O) and Silver Airways will fly from nearby Fort Lauderdale; Frontier will add flights from Chicago and Philadelphia; and Sun Country will serve Minneapolis."
(AA, Delta, Sun Country and others have been serving Cuba with charter flights operated for CTS / Cuba Travel Services for over 25 years.)
Updated 11 Jun 2016 - JDiver
US airlines will be allowed to continue to serve Cuba, but the new restrictions will mean most planning to travel individually will not be able to usevthese carriers (unless on authorized or licensed group travel).
Those groups with travel arrangements will probably have to make significant itinerary changes to conform with the policy's ban most American financial transactions with branches or businesses operated by the military-linked Armed Forces Business Enterprises Group (GAESA), a conglomerate involved in many economic sectors in Cuba - including many hotels, state-run restaurants and tour buses.
Trump's recalibration of policy will most immediately affect the latitude of U.S. citizens to travel to Cuba. Under Obama's relaxation of travel regulations, U.S. citizens could designate the purpose of their travel under one of 12 specific categories, which included the broadly defined "educational" travel and "people-to-people" travel. This "self-designation" mechanism contributed to a surge in travel over the last two years, with more than 600,000 tourists visiting the island in 2016.
But Trump's new restrictions eliminate the self-designation process, and according to the Treasury Department's Office of Foreign Assets Control, "will end individual people-to-people travel." Unless U.S. travelers qualify for one of the specialized categories of travel—journalism, religious work or academic research, for example—they will have to travel with licensed tour groups and prove they spent all their time in Cuba doing people-to-people activities. The new directive empowers the Treasury Department to audit U.S. travelers and immigration officials will be able to demand records and journals from returning travelers to demonstrate they are in compliance with the new restrictions. Those who are not could face hefty government fines.
Under the new Trump regulations, those restrictions have been expanded to prohibit U.S. citizens from staying in, eating at, or spending any money at numerous state-owned hotels and other businesses that fall under the umbrella of Cuba's Business Enterprise Group (GAESA). GAESA, a conglomerate of economic entities controlled by the Cuban military, oversees up to 60 percent of the economic activity in Cuba. Besides hotels, GAESA controls restaurants, tourism buses and other economic and tourist-related agencies.
Trump's directive means that U.S. visitors will no longer be able to stay at some of Havana's most popular hotels, among them the elegant Saratoga favored by U.S. senators, governors and Congressional representatives who have visited Cuba over the last several years, and the Santa Isabel, where former President Jimmy Carter stayed during his two trips to the island. The five-star Gran Manzana Kempinski Havana Hotel that opened just last month also falls under the GAESA umbrella and will be off-limits to U.S. citizens. As a guide for future travelers, the State Department plans to publish a list of prohibited hotels and businesses they will now have to avoid. Link to source.
But Trump's new restrictions eliminate the self-designation process, and according to the Treasury Department's Office of Foreign Assets Control, "will end individual people-to-people travel." Unless U.S. travelers qualify for one of the specialized categories of travel—journalism, religious work or academic research, for example—they will have to travel with licensed tour groups and prove they spent all their time in Cuba doing people-to-people activities. The new directive empowers the Treasury Department to audit U.S. travelers and immigration officials will be able to demand records and journals from returning travelers to demonstrate they are in compliance with the new restrictions. Those who are not could face hefty government fines.
Under the new Trump regulations, those restrictions have been expanded to prohibit U.S. citizens from staying in, eating at, or spending any money at numerous state-owned hotels and other businesses that fall under the umbrella of Cuba's Business Enterprise Group (GAESA). GAESA, a conglomerate of economic entities controlled by the Cuban military, oversees up to 60 percent of the economic activity in Cuba. Besides hotels, GAESA controls restaurants, tourism buses and other economic and tourist-related agencies.
Trump's directive means that U.S. visitors will no longer be able to stay at some of Havana's most popular hotels, among them the elegant Saratoga favored by U.S. senators, governors and Congressional representatives who have visited Cuba over the last several years, and the Santa Isabel, where former President Jimmy Carter stayed during his two trips to the island. The five-star Gran Manzana Kempinski Havana Hotel that opened just last month also falls under the GAESA umbrella and will be off-limits to U.S. citizens. As a guide for future travelers, the State Department plans to publish a list of prohibited hotels and businesses they will now have to avoid. Link to source.
"The details of Trump’s new policy remain unwritten. In a presidential directive he signed at the end of his speech, he ordered the Treasury and Commerce departments to draw up new regulations to replace elements of Obama’s policy changes. White House officials said that actual changes remain months away." (Washington Post - link)
"The new realities of U.S. travel to Cuba will be determined by the regulations that federal agencies will produce as a result of the new policy. A presidential memorandum gives the government 90 days before it even starts to rewrite Cuba travel regulations, meaning it could be many months before it's clear what the change means for American travelers.
The Treasury Department said individuals who bought an airline ticket or rented a room or car before Trump's announcement could make additional travel-related purchases for that travel under the Obama policy, even if their trip to Cuba takes place after the new, stricter Trump regulations go into effect." (abc news - link)
Verify arrangements already made with your airline, travel provider, AirBnB, etc.
Please keep an eye on OFAC modifications, Cuba travel policies in the US etc. on the State Department site, etc. (see below). Once OFAC controls allow it, travel of U. S. tourists to Cuba will undoubtedly thrive.
Entry Requirements
Cuban officials now stamp all passports on entry and exit. The former practice of winking and stamping U.S. citizens in and out on a separate sheet of paper no longer takes place.
The Cuban Assets Control Regulations of the U.S. Treasury Department require that persons subject to U.S. jurisdiction obtain a Treasury license before engaging in any transaction related to travel to, from and within Cuba. Transactions related to tourist travel are not licensable. This restriction includes tourist travel to Cuba from or through a third country such as Mexico or Canada.
Additional information may be obtained by contacting the Licensing Division, Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, Treasury Annex, Washington, DC 20220, telephone (202) 622-2480; fax (202) 622-1657, or via the web at Office of Foreign Assets Control.
For current information on Cuban entry and customs requirements, travelers may contact the Cuban Embassy, an office of the Cuban government, located at 2630 16th Street NW, Washington, DC 20009, telephone (202) 797-8518.
Cuban officials now stamp all passports on entry and exit. The former practice of winking and stamping U.S. citizens in and out on a separate sheet of paper no longer takes place.
The Cuban Assets Control Regulations of the U.S. Treasury Department require that persons subject to U.S. jurisdiction obtain a Treasury license before engaging in any transaction related to travel to, from and within Cuba. Transactions related to tourist travel are not licensable. This restriction includes tourist travel to Cuba from or through a third country such as Mexico or Canada.
Additional information may be obtained by contacting the Licensing Division, Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW, Treasury Annex, Washington, DC 20220, telephone (202) 622-2480; fax (202) 622-1657, or via the web at Office of Foreign Assets Control.
For current information on Cuban entry and customs requirements, travelers may contact the Cuban Embassy, an office of the Cuban government, located at 2630 16th Street NW, Washington, DC 20009, telephone (202) 797-8518.
NOTE: When you arrive in the USA, DO declare Cuba on the U S Customs form 6059B. The USCBP officers generally do not care or give your travel to Cuba via Antigua or Cancún a second thought. But failing to disclose your travel to Cuba to a Federal agent? That's a violation of 18 U. S. Code § 1001, commonly called "making false statements", a felony punishable by up to five years in Federal Prison.
Nope, you wouldn't, but such an offense would jeopardize GE / APHIS / PreCheck, etc. and could certainly incur enhanced scrutiny on re-entering the USA or flying into / out of a U.S. airport.18 U.S.C. § 1001 link
NOTE: Travel to Cuba is still regulated (Jun 2016). American residents must meet one criterion of twelve categories of allowed travel to Cuba.
Tourist travel to Cuba is prohibited under U.S. law for U.S. citizens, permanent residents, and others subject to U.S. jurisdiction. (USDOS)
The 12 categories of authorized travel to Cuba are: family visits; official business of the U.S. government, foreign governments, and certain intergovernmental organizations; journalistic activity; professional research and professional meetings; educational activities; religious activities; public performances, clinics, workshops, athletic and other competitions, and exhibitions; support for the Cuban people; humanitarian projects; activities of private foundations or research or educational institutes; exportation, importation, or transmission of information or informational materials; and certain authorized export transactions."
U.S. Embassy, La Havana, Cuba (link)
Certain spend and other requirements must be met, in accord with regulations issued by the U. S. Treasury Department's Office of Foreign Assets Control (link to PDF), and the Cuba Assets Control Regulations of 16 Mar 2016, 31 CFR 515 (link to PDF).
timaticweb2 through United Airlines, 10 Jun 2016:
Summary (US Citizen or Resident traveling from USA to Cuba, return ticket and normal, current passport with at least two blank visa pages at hand)
Conditional, The traveler will need to hold travel documents as detailed below.
Type: Notice
Cuba - Destination Visa
Visa required.
The following are exempt from holding a visa:
Passengers with a Tourist Card (Tarjeta del Turista) issued to visitors traveling as tourists.
Additional information:
Tourist Cards (Tarjeta del Turista) must be obtained prior to arrival in Cuba and are available at:
- Cuban Embassies or Consulates;
- Authorized Airlines;
- Travel agencies.
Tourist Cards (Tarjeta del Turista) grant a max. stay of 30 days to nationals of USA, and extension of stay for additional 30 days.
The length of stay must be covered by USD 50.- (or equivalent in other convertible currency, in cash or traveller's cheques) per person per day, unless passenger has previously contracted the touristic activities with MINTUR in Cuba.
Important
Former nationals of Cuba who left Cuba before 1971 must hold passports endorsed "Habilitado" for HE-11.
All visitors are required to hold a travel insurance to cover their medical expenses while in Cuba. The travel insurance can be bought on arrival in Cuba, but it is recommended to have it before departure to Cuba. (Reasonable and easy to purchase on arrival. JD)
Added 1/18/2017 All passengers arriving on flights direct from the US are automatically covered by Asistur (Cuban insurance company) medical insurance for 30 days. The cost is bundled into the ticket cost.
These passengers are never asked to provide proof of medical insurance by Cuban immigration at airports as they are aware this has been standard for many years. However it is a different situation dealing with a medical service provider if you actually need to use the insurance or Cuban immigration at places other than the airport if you have reason to extend or change status of your travel visa.
There is an official Asistur one page document that states everyone arriving on a direct flight from the US has Asistur insurance for 30 days. This document, your boarding pass, and your passport will show that you have medical insurance. This document is not available anywhere on line. Nor is it available to passengers even though it should be. So I am providing it for download.
I would encourage anyone flying direct to Cuba from the US to download this one page document, print it out, and carry a copy with them.
http://www.bobmichaels.org/Asistur.pdf
End addition 1/18/2017
Neither visa exemptions nor Tourist Card (Tarjeta del Turista) facilities are applicable to those holding foreign passports stating Cuba as place of birth. They will be considered Cuban nationals, unless holding a document signed by the Cuban Ministry of Foreign Affairs, proving withdrawal of their Cuban citizenship.
Cuba - Destination Health
This information is for guide purposes only. Other health organisations may recommend alternative precautions.
Vaccinations not required
Summary (US Citizen or Resident traveling from USA to Cuba, return ticket and normal, current passport with at least two blank visa pages at hand)
Conditional, The traveler will need to hold travel documents as detailed below.
Type: Notice
Cuba - Destination Visa
Visa required.
The following are exempt from holding a visa:
Passengers with a Tourist Card (Tarjeta del Turista) issued to visitors traveling as tourists.
Additional information:
Tourist Cards (Tarjeta del Turista) must be obtained prior to arrival in Cuba and are available at:
- Cuban Embassies or Consulates;
- Authorized Airlines;
- Travel agencies.
Tourist Cards (Tarjeta del Turista) grant a max. stay of 30 days to nationals of USA, and extension of stay for additional 30 days.
The length of stay must be covered by USD 50.- (or equivalent in other convertible currency, in cash or traveller's cheques) per person per day, unless passenger has previously contracted the touristic activities with MINTUR in Cuba.
Important
Former nationals of Cuba who left Cuba before 1971 must hold passports endorsed "Habilitado" for HE-11.
All visitors are required to hold a travel insurance to cover their medical expenses while in Cuba. The travel insurance can be bought on arrival in Cuba, but it is recommended to have it before departure to Cuba. (Reasonable and easy to purchase on arrival. JD)
Added 1/18/2017 All passengers arriving on flights direct from the US are automatically covered by Asistur (Cuban insurance company) medical insurance for 30 days. The cost is bundled into the ticket cost.
These passengers are never asked to provide proof of medical insurance by Cuban immigration at airports as they are aware this has been standard for many years. However it is a different situation dealing with a medical service provider if you actually need to use the insurance or Cuban immigration at places other than the airport if you have reason to extend or change status of your travel visa.
There is an official Asistur one page document that states everyone arriving on a direct flight from the US has Asistur insurance for 30 days. This document, your boarding pass, and your passport will show that you have medical insurance. This document is not available anywhere on line. Nor is it available to passengers even though it should be. So I am providing it for download.
I would encourage anyone flying direct to Cuba from the US to download this one page document, print it out, and carry a copy with them.
http://www.bobmichaels.org/Asistur.pdf
End addition 1/18/2017
Neither visa exemptions nor Tourist Card (Tarjeta del Turista) facilities are applicable to those holding foreign passports stating Cuba as place of birth. They will be considered Cuban nationals, unless holding a document signed by the Cuban Ministry of Foreign Affairs, proving withdrawal of their Cuban citizenship.
Cuba - Destination Health
This information is for guide purposes only. Other health organisations may recommend alternative precautions.
Vaccinations not required
You must exchange US Dollars to CUC - Cuban Convertible Pesos in authorized locations, and are required to spend CUC in Cuba (not dollars). CUC are not exportable out of Cuba. (Hint: the writer of this wikipost had no trouble exchanging Euro at decent market rates and found Euro accepted in some locations due to the prevalence of European tourists in Cuba.) Some US credit card acceptance is said to occur now, but if so it's a recent change.
At the airport CADECA booth you can change the last of your CUCs. Or you can buy duty-free items or books etc. sold from the government propaganda shop to spend the last of your CUCs.
Please read the extensive U.S. Department of State information regarding Cuba if you are a U.S. Citizen or Resident. Link.
US airlines begin commercial USA - Cuba flights by September 2016
In March, the USDOT accepted airline applications wishing to offer non-charter commercial flights between the USA and Cuba. On June 10, 2016 USDOT issued an order for six US airlines to operate flights between the USA and Cuba, to begin September 2016 HAV / La Habana flight orders to come this summer.)
Source links:
Yahoo! Finance (Link).
USA Today (link): "WASHINGTON — Six U.S. airlines were approved to begin the first scheduled flights to Cuba in more than 50 years, the Transportation Department announced Friday.
The airlines were approved to fly from five U.S. cities to nine Cuban cities other than Havana. But the department is still considering which airlines will get a combined 20 daily flights to the capital out of 60 proposals, which will be announced later this summer..."
Reuters: (link) "American (AAL.O) will have nonstop service from Miami, the largest Cuban community in the United States; Southwest (LUV.N), JetBlue (JBLU.O) and Silver Airways will fly from nearby Fort Lauderdale; Frontier will add flights from Chicago and Philadelphia; and Sun Country will serve Minneapolis."
(AA, Delta, Sun Country and others have been serving Cuba with charter flights operated for CTS / Cuba Travel Services for over 25 years.)
Updated 11 Jun 2016 - JDiver
Americans and Cuba Travel - the Facts, Resources, Related Experiences [only]
Nov 19, 2013, 9:08 pm
#16
Moderator: American AAdvantage
Original Poster
Join Date: May 2000
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Please read my posts more closely - they are targetted at American citizens and residents and based on the realities that exist for those people visiting Cuba. Regardless of what one thinks of U S Government policy, it is what it is, not what we may want it to be. And U S citizens and residents who wish to travel to Cuba via the "back door" certainly will find many opportunities to do so, but they are not without risk.
Moderator hat on: Be aware, further posts discussing the politics or opinions about the issue, as stated in the OP, and they will be summarily deleted.
Moderator hat on: Be aware, further posts discussing the politics or opinions about the issue, as stated in the OP, and they will be summarily deleted.
Well, JDiver, just coming out from hiding under my bed is not without risk, but it doesn't give me reason for overly much concern.
If I want to travel, and can find a convenient and comfortable way, esp more inexpensively, misguided and outdated thinking on the part of the US government is not a deterrent to visiting a place Europeans and my US-based Cuban friends regularly go.
If I want to travel, and can find a convenient and comfortable way, esp more inexpensively, misguided and outdated thinking on the part of the US government is not a deterrent to visiting a place Europeans and my US-based Cuban friends regularly go.
Dec 12, 2013, 5:33 pm
#17
Join Date: Oct 2013
Location: Australia
Posts: 4
excellent information
Thanks for this. I'm an American living in Australia. My husband and I are thinking about an organized cruise that has stops in Cuba. I made it clear to him and our friends that I'd spend that day on the ship as I won't be going into Cuba.
This information is really good to have. Thanks for your time and effort putting it together.
This information is really good to have. Thanks for your time and effort putting it together.
Dec 17, 2013, 11:02 am
#19
Join Date: Mar 2004
Location: Minneapolis, Minnesota,USA
Programs: UA, NW
Posts: 3,752
My group flew to Cuba on the first charter flight out of ORD, and when we returned, we were expecting some hassle, but I was the first from the group to reach a particular Immigration officer's desk, and when he saw that I had been to Cuba, he just raised his eyebrows and said, "I didn't know we had flights to Cuba. Welcome home."
When I claimed my luggage and handed my Customs form in, the Customs officer reacted the same way:"I didn't know we had flights to Cuba. What did you buy?"
I told him the truth, which was that I'd bought two CDs and some crafts made by cooperatives that the religious groups we visited had organized.
He waved me through.
When I claimed my luggage and handed my Customs form in, the Customs officer reacted the same way:"I didn't know we had flights to Cuba. What did you buy?"
I told him the truth, which was that I'd bought two CDs and some crafts made by cooperatives that the religious groups we visited had organized.
He waved me through.
Dec 18, 2013, 7:55 pm
#20
Join Date: Apr 2011
Location: Runway 22 @ KROC
Posts: 706
Jan 1, 2014, 6:15 pm
#21
Join Date: Oct 2010
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Excellent thread, OP.
We would like to visit Cuba LEGALLY before the Castro brothers give up, Havana becomes Orlando South. For a long weekend, we are good with the structured tours, but would like to also try some scuba diving, possibly bicycle ride while there. When asked via email or phone, the operators insist that there is no flexibility in their itineraries, not sure if that is the politically correct answer, to protect their license, or if Jay Z and Beyonce screwed it for the rest of us http://www.usnews.com/news/blogs/was...e-proven-legal
We would like to visit Cuba LEGALLY before the Castro brothers give up, Havana becomes Orlando South. For a long weekend, we are good with the structured tours, but would like to also try some scuba diving, possibly bicycle ride while there. When asked via email or phone, the operators insist that there is no flexibility in their itineraries, not sure if that is the politically correct answer, to protect their license, or if Jay Z and Beyonce screwed it for the rest of us http://www.usnews.com/news/blogs/was...e-proven-legal
Jan 1, 2014, 10:14 pm
#23
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Jan 2, 2014, 1:45 pm
#24
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Original Poster
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That is correct. At least one US company I know of have had their license cancelled or put on hold because they were not sufficiently "people to people", and travellers are expected to hew to the OFAC-approved schedules. They are not allowed, for example, to visit beaches for recreational purposes. The operators are correct, as is SJOGuy and is assumption.
I'm not aware of any (but that doesn't mean there aren't) OFAC-approved dive companies; Isla de la Juventúd would be the best destination, IMO.
Your US phone will not work in Cuba unless it has a Cuban chip. I am not aware of what requirements may exist for purchasing a Cuban chip, but suspect it requires identification, etc. Satphones and the like are prohibited and subject to temporary confiscation if declared, permanent confiscation and sanctions to importers if undeclared.
I'm not aware of any (but that doesn't mean there aren't) OFAC-approved dive companies; Isla de la Juventúd would be the best destination, IMO.
Excellent thread, OP.
We would like to visit Cuba LEGALLY before the Castro brothers give up, Havana becomes Orlando South. For a long weekend, we are good with the structured tours, but would like to also try some scuba diving, possibly bicycle ride while there. When asked via email or phone, the operators insist that there is no flexibility in their itineraries, not sure if that is the politically correct answer, to protect their license, or if Jay Z and Beyonce screwed it for the rest of us http://www.usnews.com/news/blogs/was...e-proven-legal
We would like to visit Cuba LEGALLY before the Castro brothers give up, Havana becomes Orlando South. For a long weekend, we are good with the structured tours, but would like to also try some scuba diving, possibly bicycle ride while there. When asked via email or phone, the operators insist that there is no flexibility in their itineraries, not sure if that is the politically correct answer, to protect their license, or if Jay Z and Beyonce screwed it for the rest of us http://www.usnews.com/news/blogs/was...e-proven-legal
Your US phone will not work in Cuba unless it has a Cuban chip. I am not aware of what requirements may exist for purchasing a Cuban chip, but suspect it requires identification, etc. Satphones and the like are prohibited and subject to temporary confiscation if declared, permanent confiscation and sanctions to importers if undeclared.
Jan 2, 2014, 5:05 pm
#25
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Look what happened to the Korean War vet who said the wrong thing while visiting North Korea, if you get sick, in an accident. A short trip to Cuba is just not worth risking a big fine, jail.
Jan 3, 2014, 3:35 pm
#26
Join Date: Mar 2004
Location: Minneapolis, Minnesota,USA
Programs: UA, NW
Posts: 3,752
No. There was a man in our group who works for Verizon, and he specifically asked about this before he left. The answer: No U.S. phone company has a roaming agreement with Cuba. I know that my iPhone, which worked in Europe and Japan, detected no signal in Cuba. (i used it as a camera and e-Book reader). I suppose I could have used wi-fi if I had found any, but the only Internet we found in Havana was dial-up at one of the international hotels, and it was so slow that the person who tried it gave up.
Jan 11, 2014, 10:11 am
#27
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Somewhat tangentially, but with possible implications for Cuba travel, the US and Cuba have been in talks the last couple of weeks. Edward Alex Lee of the US Department of State has been representing the USA, and areas of discussion have included more freedom of expression and rights to petition government without fear of reprisal for Cubans, as well as areas of mutual interest - including aviation safety, co-operation in counter-narcotics work, protocols on preparing for oil spills, search-and-rescue work and the re-establishment of postal relations between the two nations. (BBC here.)
As well, the USA is interested in the treatment and release of Mr. Alan Gross, a US citizen accused of smuggling satellite communications equipment (he was unofficially in country to establish Internet communications for the Cuban Jewish community, but did not have any permits), sentenced to 15 years of prison in Cuba.
Cuba is interested in the release of five Cubans, Antonio Guerrero Rodríguez, 22 yrs; Fernando González Llort, 18 yrs.; Gerardo Hernández Nordelo, two life sentences plus 15 years; Ramón Labañino Salazar, 30 yrs.; René González Sehwerert , 15 yrs, freed after 12 years and serving 3 years of formal probation in Miami. These latter were Cuban DGI agents attempting to infiltrate US Cuban-American organizations opposed to the Castro government, and arrested as foreign intelligence agents committing espionage in the US.
This latter issue is a stumbling block to some other possible resolutions.
But it all means there may be possible changes in US - Cuba travel in the near future (after over 50 years of the embargo), and it'll pay to remain aware of progress on these fronts.
As well, the USA is interested in the treatment and release of Mr. Alan Gross, a US citizen accused of smuggling satellite communications equipment (he was unofficially in country to establish Internet communications for the Cuban Jewish community, but did not have any permits), sentenced to 15 years of prison in Cuba.
Cuba is interested in the release of five Cubans, Antonio Guerrero Rodríguez, 22 yrs; Fernando González Llort, 18 yrs.; Gerardo Hernández Nordelo, two life sentences plus 15 years; Ramón Labañino Salazar, 30 yrs.; René González Sehwerert , 15 yrs, freed after 12 years and serving 3 years of formal probation in Miami. These latter were Cuban DGI agents attempting to infiltrate US Cuban-American organizations opposed to the Castro government, and arrested as foreign intelligence agents committing espionage in the US.
This latter issue is a stumbling block to some other possible resolutions.
But it all means there may be possible changes in US - Cuba travel in the near future (after over 50 years of the embargo), and it'll pay to remain aware of progress on these fronts.
Jan 13, 2014, 7:15 am
#28
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I can't even find one conviction of a returning from Cuba US citizen for willful opposition to answer any questions, in writing or verbally, that go beyond proclaiming identity and citizenship on arrival at a US port of entry. Leaving out Cuba on the customs declaration form resulting in a conviction? Zero history of that. Smart federal prosecutors -- and even stupid ones -- don't like to prosecute guaranteed losing cases or non-cases.
Jan 13, 2014, 12:55 pm
#29
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The Center for Constitutional Rights has produced a comprehensive review of the legal aspects of Cuba travel for Americans:
Know Before You Go - A Guide for Traveling to Cuba
http://ccrjustice.org/files/Advice%2...ember%2009.pdf
This publication was written in 2009; there have been some regulatory changes since then that expanded the categories of licensed travel.
As discussed in this publication, there are potential criminal and civil penalties for unlawful transactions involving Cuba and Cubans.
Criminal
Civil
From the Congressional Research Service:
My Analysis
I think it's fair to say that the Obama Administration has decided that it will no longer pursue criminal or civil penalties against ordinary tourists who engage in unlicensed transactions in Cuba. There hasn't been such an enforcement action since 2011. As Cuba travel expert Christopher Baker put it, "Under the Obama administration, OFAC has refocused to more urgent priorities and during my 13 visits to Cuba within the past year, only a very small percentage of visitors returning from Cuba are being asked to demonstrate proof of legal travel."
http://travel.usatoday.com/destinati...-trip/812249/1
While I am not encouraging anyone to violate the law, I will say that if a client told me that he had engaged in unlicensed transactions in Cuba and that he was about to return to the USA, I would tell him emphatically not to list Cuba as a country visited on immigration Form 6059B -- list only Mexico, Canada or whichever country was his gateway.
In my opinion, omitting Cuba from the countries listed would not violate 18 U.S.C. § 1001 in these circumstances. The applicable question reads: "Countries visited on this trip prior to U.S. arrival". It does not ask you to state all of the countries you visited, nor does it ask you to affirm that no counties you visited are omitted. The only false answer to this question would be to list a country that you did not actually visit. I would also say to my client that if an agent asks for clarification on countries visited, or asks point-blank, "did you visit Cuba?", politely decline to answer the question -- do not lie.
Given that there appears to be no case where someone was charged with violating § 1001 for not listing Cuba as a "country visited" (I searched case law and statutory annotations -- none found), I think it is extremely unlikely that a tourist would be criminally charged with violating § 1001. Listing Cuba on Form 6059B would, however, go a long way to incriminating yourself and exposing yourself to an administrative penalty.
So, there you have my legal analysis -- which, to clarify, is not my legal advice to anyone. Hire a lawyer if you want that. Best of luck.
Know Before You Go - A Guide for Traveling to Cuba
http://ccrjustice.org/files/Advice%2...ember%2009.pdf
This publication was written in 2009; there have been some regulatory changes since then that expanded the categories of licensed travel.
As discussed in this publication, there are potential criminal and civil penalties for unlawful transactions involving Cuba and Cubans.
Criminal
It is important to note that there are two forms of penalties for violations - criminal and civil. Most travelers who are alleged to have violated the travel embargo are charged with civil violations. This is discussed in more detail in part 5 of this booklet. Criminal charges can be pursued in certain situations, however. If OFAC believes that there is evidence that " ... suggests willful violations of substantive prohibitions or requirements, OFAC may refer those cases to other federal law enforcement agencies for criminal investigation" (31 C.F.R. Part 501 C). In practice, this rarely happens. We generally see criminal charges for violations of the regulations in a few types of cases: those involving large-scale commercial transactions (e.g., importation of more than 500 cigars in one's luggage) or where a person allegedly arranged travel or other related events (e.g., organizing boat races to Cuba) for others without a special "travel service provider" license allowing them to do so. However, there is no guarantee that the government will continue this policy of enforcing the travel restrictions mainly through civil penalties.
pp. 2-3.Civil
From the Congressional Research Service:
In addition to civil penalties against companies, OFAC has also sanctioned individuals for violating the travel sanctions. According to OFAC’s listing of civil enforcement actions on its website, from 2004-2005, over 800 individuals had civil penalties assessed or reached informal settlements for alleged violations of various restrictions under the Cuban Assets Control Regulations. The individuals either were assessed a penalty or reached an informal settlement for violations of the Cuba regulations (not just travel-related restrictions) with almost $1.1 million in penalties. Since 2006, however, after backlogged cases were resolved, the number of individuals penalized by OFAC fell considerably. Less than 100 individuals have been penalized since 2006, with 21 in 2006, 17 in 2007, 32 in 2008, 3 in 2009, and 1 in 2010; since 2011, OFAC has not reported any individuals being penalized for violations of the CACR.
http://www.fas.org/sgp/crs/row/RL31139.pdf (my emphasis)My Analysis
I think it's fair to say that the Obama Administration has decided that it will no longer pursue criminal or civil penalties against ordinary tourists who engage in unlicensed transactions in Cuba. There hasn't been such an enforcement action since 2011. As Cuba travel expert Christopher Baker put it, "Under the Obama administration, OFAC has refocused to more urgent priorities and during my 13 visits to Cuba within the past year, only a very small percentage of visitors returning from Cuba are being asked to demonstrate proof of legal travel."
http://travel.usatoday.com/destinati...-trip/812249/1
While I am not encouraging anyone to violate the law, I will say that if a client told me that he had engaged in unlicensed transactions in Cuba and that he was about to return to the USA, I would tell him emphatically not to list Cuba as a country visited on immigration Form 6059B -- list only Mexico, Canada or whichever country was his gateway.
In my opinion, omitting Cuba from the countries listed would not violate 18 U.S.C. § 1001 in these circumstances. The applicable question reads: "Countries visited on this trip prior to U.S. arrival". It does not ask you to state all of the countries you visited, nor does it ask you to affirm that no counties you visited are omitted. The only false answer to this question would be to list a country that you did not actually visit. I would also say to my client that if an agent asks for clarification on countries visited, or asks point-blank, "did you visit Cuba?", politely decline to answer the question -- do not lie.
Given that there appears to be no case where someone was charged with violating § 1001 for not listing Cuba as a "country visited" (I searched case law and statutory annotations -- none found), I think it is extremely unlikely that a tourist would be criminally charged with violating § 1001. Listing Cuba on Form 6059B would, however, go a long way to incriminating yourself and exposing yourself to an administrative penalty.
So, there you have my legal analysis -- which, to clarify, is not my legal advice to anyone. Hire a lawyer if you want that. Best of luck.
Last edited by JDiver; Jan 13, 2014 at 2:07 pm Reason: added link to CCR
Jan 13, 2014, 2:25 pm
#30
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I think that's very helpful, dhuey; thanks for contributing that viewpoint and constructive post. I also believe the current administration has eased off on OFAC enforcement, and that the current US-Cuba discussions will lead to even greater easing of the rules that have been in place for so long. (And that a future administration will not tighten the cord again, but that's purely speculative and not currently in evidence.)