Go Back  FlyerTalk Forums > Destinations > Americas > Cuba
Reload this Page >

Travel to Cuba for a dual US/Canadian citizen

Community
Wiki Posts
Search

Travel to Cuba for a dual US/Canadian citizen

Thread Tools
 
Search this Thread
 
Old Feb 19, 2011, 10:00 am
  #16  
 
Join Date: Aug 2010
Posts: 109
Originally Posted by Christopher
(And the USA is far from alone in this.)
Please explain what you mean by "far from". I've only ever heard of Canada, Australia, and the US making laws outside their territory.
EUnomad is offline  
Old Feb 19, 2011, 11:56 am
  #17  
 
Join Date: Jan 2008
Location: Rio de Janeiro, Miami, Nice
Programs: Marriott Titanium, AA Concierge Key, Delta, United, Emorates, and others
Posts: 4,694
It is interesting that often the US and North Korea are said to be the only two countries who tax citizens independent of residence, thus a US citizen is liable for US taxation wherever they may reside in the world. The US also habitually establishes export restrictions on products that use US technology even when said products are not produced in the US. Banks that deal in US$ are subject to US rules even when they have never done business in the US or with Americans. Extraterritorial rules are bad news for civil society IMHO. the US cannot be a good global citizen and still do that. Canada, Australia or anybody else should not do so either IMHO.
jbcarioca is offline  
Old Feb 19, 2011, 2:15 pm
  #18  
 
Join Date: Sep 2004
Posts: 2,443
Originally Posted by EUnomad
Have a look at title 46, ch 38 § 1903 of the US code. There is a prohibition on possession with intent to manufacture applying to all US citizens of any vessel worldwide. Note that the vessel need not be a "US vessel" if a US citizen is on board. Consequently, if a US person carrying seeds steps on a boat in Amsterdam, they are violating section 1903 of the US code. I'm quite surprised to be hearing recently that US law stretches worldwide.

I haven't found the more relevant code yet.. dealing with possession of mj w/ intent to use. It would be interesting to verify that it excludes Amsterdam, as you've suggested.
That is as maybe, but I'm not sure why carrying a substance on a vessel is akin to smoking a substance while in Amsterdam (or anywhere else). Most people who smoke marijuana in Amsterdam, I imagine, procure it there.

(And of course I didn't suggest that any relevant US law specifically excludes Amsterdam.)
Christopher is offline  
Old Feb 20, 2011, 5:25 am
  #19  
Suspended
 
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
Originally Posted by Christopher
My understanding is that the US government does not permit US citizens to travel to Cuba without permission.
That would be a misunderstanding of the situation. US citizens are not prohibited from travel to Cuba without US government permission. What US citizens remain unable to do without permission is to spend money under some circumstances, such as on travel to/from/within Cuba. The relevant permission required for those circumstances that require it involve dealing with a part of the US Treasury Department.

In other words, the individual US citizen with a valid passport for travel to Canada, Cuba and elsewhere whose entire trip and stay is paid for by non-US relatives needs no permission from the US government to go to Cuba.
GUWonder is offline  
Old Feb 20, 2011, 5:30 am
  #20  
Suspended
 
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
Originally Posted by grlmopz
Hello all,

I'm a dual citizen of the US and Canada, living in the US.
I'd like to accompany my Canadian parents on a trip to Cuba.
I'm considering driving up to Canada, flying to Cuba on my Canadian passport, then re-entering the US with my US passport. (I frequently do this drive and the passport swap: entering Canada with the Canadian passport and vice versa is perfectly fine.)

Since the US now requires airlines to submit passenger manifests for flights that fly over the US, is getting caught something I should be concerned about? I could always fly to Cancun and onwards to Havana, but it would be nice if we could all go down together.

Thanks!
If you already have a valid US passport that you have used and your non-US person parents pay for your trip to/from Cuba and for your stay there and they pay for all the goods/services in Cuba, you need no permission from the US government to go to/from Cuba and you will be fine as you will not have violated any US laws by way of merely going to/from Cuba on a vacation paid for by others.

If you spend any of your own money on part of or on the entire trip or try to structure a transaction that essentially is the same as doing so, then that is usually considered a violation of US law unless falling into certain select categories and/or having received US Department of Treasury approval prior to expending any money on such a trip. For those who do violate the US law in this regard as relates to Cuba, enforcement is not routine but is possible. If you are a guest of your parents for the entirety of the trip, enjoy your time with no worries about the "travel ban" to Cuba since you will have been fully compliant with US law in this regard.

Last edited by GUWonder; Feb 20, 2011 at 5:39 am
GUWonder is offline  
Old Feb 20, 2011, 6:55 am
  #21  
Suspended
 
Join Date: Jul 2001
Location: Watchlisted by the prejudiced, en route to purgatory
Programs: Just Say No to Fleecing and Blacklisting
Posts: 102,095
Originally Posted by jbcarioca
The problem comes because the US assumes that if one travels to Cuba one spends money there. Thus the need for permission.
While the US Treasury may use a US citizen's travel to Cuba to look into whether or not there is a violation of US law as relates to expenditures of a US person, the travel by itself is neither necessarily indicative of a violation of US law nor relied upon as an indication of a violation of US law absent further details about the travel being gathered and examined.

The "need" for permission is not necessarily there in order to avoid running afoul of US law; in other words, not everyone must seek permission from the Treasury Department's OFAC in order to avoid the risk of getting in trouble with US law enforcement since there is no blanket assumption that all such travel is a violation of US law.

Last edited by GUWonder; Feb 20, 2011 at 7:03 am
GUWonder is offline  
Old Feb 20, 2011, 7:40 am
  #22  
 
Join Date: Jan 2008
Location: Rio de Janeiro, Miami, Nice
Programs: Marriott Titanium, AA Concierge Key, Delta, United, Emorates, and others
Posts: 4,694
Originally Posted by GUWonder
there is no blanket assumption that all such travel is a violation of US law.
GUWonder is not only a Posting Legend, but has a habit of making clear and unambiguous explanations of arcane subjects. Thanks for fixing our numerous errors in this thread.
jbcarioca is offline  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.