Originally Posted by
Indelaware
Although the WSJ reported, "It will still be illegal for Americans to travel to Cuba strictly for tourism, since that is banned by federal law," that is not true.
It is not illegal - nor has it ever been - for Americans to travel to Cuba strictly for tourism. The restriction is that no American may pay any cost of a tourist trip to Cuba. Thus if a person is a U.S. citizen and her/his girlfriend/boyfriend/uncle/friend is not an American and that person is generous and pays the entire cost of the trip, the American may make the trip. Save the receipts -- even giving a $0.01 tip -- is a violation of the Embargo and could end the American with hefty fines.
As long as the person/party paying for the trip is not a US person/party and the funds used for the trip, it is true that most US persons could legally visit Cuba without US Government approval even before this week's announced rapprochement between Washington and Havana.
That legal possibility remains the case for now still. For now still, a US or other covered person/party may be subject to inconsistent administrative or prosecutorial discretion unless and until Congress passes an overriding bill that becomes law to remove the OFAC approval requirement when it comes to Cuba.