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OFAC and related
I'm looking to travel to Cuba this coming May.
I am accompanying a few family friends. Due to OFAC, I am only paying for the flight from JFK-CUN and hotel in Cancun. All other fees, airfare, hotels, etc. will be paid by our friends who are not US citizens or residents (Actually everyone will be Chinese nationals, except for me). Do I still need an authorization? The trip is arranged by a non-US company. If do need such authorization, how do I get apply for one when I'm living abroad? |
Originally Posted by JD3030
(Post 22303376)
I just returned from a wonderful 7 day trip to Cuba. Again, I'm an American expat living in Canada. I traveled through the "back door" and arrived with a plane full of friendly Canadians (even though about half of the plane was from Quebec... only kidding, they're also quite friendly).
Upon entry and exit at the airport in Cuba my passport was not stamped. I was only asked if I live in Canada by a Cuban border control officer, not sure if this was his own personal interest or something they're encouraged to ask. But all together everything went smoothly. Also no hiccups crossing back into Canada. Between my wife and I we declared over $800 of goods, mostly Cigars (about 80). Now I just need to get a humidor to keep these babies fresh. A new question: I have a business trip to the US next week followed by a long weekend with some friends before retuning back to Canada. I have Global Entry which I plan to use upon entry into the US. Is there any chance I might get tagged at the GE kiosk for my trip to Cuba? I'd like to bring a handful of Cubans back to share with my buddies but that might be too much to risk at this point. In addition, I recently applied for Nexus and was conditionally approved for an interview (applied before going to Cuba). Planning to schedule this interview on my return flight to Canada in 2 weeks. I used to live in Canada and have Canadian as well as U.S. citizenship. I had many Canadian friends who traveled to Cuba, but never risked it myself, as I understood that it would still be illegal even if I traveled on my Canadian passport. I'm wondering now though whether my caution was excessive. A traveler in that situation wouldn't clear U.S. customs at any point and so wouldn't be asked if they visited Cuba. I guess I was worried about it somehow haunting me on a future visit to the U.S.? |
I went to Cuba 18 months ago as an independent, unlicensed American citizen.
On returning to the US, I wrote "Cuba" on the form. I don't lie. The CBP agent asked why I went to Cuba, I refused to answer, this led to a big blowup, secondary inspection, etc. Then they told me that they really didn't care if I went there as a tourist, so I admitted that. Then they let me go. I'm leaving out about two hours of sitting, intimidation, searching, interrogation, etc., all of which was triggered not by the fact that I went to Cuba but because I refused to tell them why. I haven't gotten any letters about fines nor have I been delayed on numerous subsequent re-entries into the U.S. |
Originally Posted by jphripjah
(Post 22810740)
On returning to the US, I wrote "Cuba" on the form. I don't lie.
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I think we all wish I had omitted it.
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The CBP people do have every right to ask what you were doing abroad. I get the question frequently upon entering the U.S., and I've never been to Cuba. You made the decision to list "Cuba" on your form. Why not answer the question then?
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I didn't want to admit that it was an unlicensed trip for tourism.
They have every right to ask anything they want. Americans have a right to decline to answer but still be readmitted. They disagreed with that last part. Hence the two hours. |
I think a fair way to describe the Obama Administration's approach to unlicensed travel to Cuba is don't-ask-don't-tell. There haven't been any penalties for unlicensed transactions with Cuba since 2011. Listing Cuba on the form puts the agents in the position of having to ask.
These days you can arrive from Toronto with a sunburn in January, and the CPB agents are unlikely to inquire if you've been to Cuba. |
Originally Posted by jphripjah
(Post 22818038)
They have every right to ask anything they want. Americans have a right to decline to answer but still be readmitted.
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Americans never have to answer questions from law enforcement officers at any time. If CBP can establish that a person is an American, that person should be permitted to re-enter the country without having to answer questions designed to determine if he has committed a crime, like "What were you doing outside the country" "Why did you go there?" "Who paid for your ticket," etc. An American who refuses to answer those questions should be readmitted.
What do you think CBP should do with an American who refuses to answer such questions and sticks to that? Hold him in the airport for the rest of his life? |
Well, lotsa luck with that approach, as you found out. ;)
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Originally Posted by SJOGuy
(Post 22820003)
I think dhuey is right: You put CBP in the position of having to ask. Your refusal to answer put them in the position of having to ask more forcefully. Refusing to answer seems like a reckless decision to me.
My point is that these days the rather easy way to avoid such questions in the first place is not to list Cuba among "Countries visited." In my opinion such an omission is by no means a lie. It's a lack of candor, to be sure, but you're not obliged to be candid. Just don't lie. |
Originally Posted by SJOGuy
(Post 22816747)
The CBP people do have every right to ask what you were doing abroad. I get the question frequently upon entering the U.S., and I've never been to Cuba. You made the decision to list "Cuba" on your form. Why not answer the question then?
The CBP do have every right to ask what I was doing abroad? The american law seems to be very interesting especially when you come from a country which had 80 years ago a secret police called gestapo and 25 years ago another secret police called stasi. I am very surprised. I would not tell to my mother what I was doing in Cuba, Thailand or Switzerland but I have to tell to border control? |
Originally Posted by carpetbagger
(Post 22823261)
The CBP do have every right to ask what I was doing abroad?
The american law seems to be very interesting especially when you come from a country which had 80 years ago a secret police called gestapo and 25 years ago another secret police called stasi. I am very surprised. I would not tell to my mother what I was doing in Cuba, Thailand or Switzerland but I have to tell to border control? Just because CBP can ask questions doesn't obligate Americans to answer them. Yes, we have the right to enter our own country anyway. Having said that, the CBP can obviously delay and inconvenience us, as anecdotal experience also demonstrates. But ultimately they have to let us go because yes, we do have the right to cross our own border. At the end of the day, it comes down to whether it's worth it to you to make that point, or to cross the border as quickly and painlessly as possible. |
Originally Posted by candyann
(Post 22823569)
I do not agree that American citizens have to answer questions at the U.S. border, other than to establish that they are Americans. Once that is known, it is their right to enter the U.S. The anecdotal experience posted here demonstrates that.
Just because CBP can ask questions doesn't obligate Americans to answer them. Yes, we have the right to enter our own country anyway. Having said that, the CBP can obviously delay and inconvenience us, as anecdotal experience also demonstrates. But ultimately they have to let us go because yes, we do have the right to cross our own border. At the end of the day, it comes down to whether it's worth it to you to make that point, or to cross the border as quickly and painlessly as possible. |
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