Americans returing from Cuba
Feb 2, 2009 | 8:05 pm
#2
A FlyerTalk Posting Legend
Join Date: Sep 2002
Location: LAX/TPE
Programs: United 1K, JAL Sapphire, SPG Lifetime Platinum, National Executive Elite, Hertz PC, Avis PC
Posts: 47,221
The ramifications would be a fine - and perhaps worse for the LPR.
Feb 3, 2009 | 8:29 am
#3
FlyerTalk Evangelist
Join Date: Nov 2002
Location: ORD
Posts: 14,773
I went to grad school with a guy who got caught coming back to the US from Cuba via Mexico. CBP fined him, IIRC, $10,000. He got the Cubans to stamp a piece of paper instead of his passport, but the CBP agent was suspicious and looked at his digital camera, where he found pictures of my classmate that were obviously in Cuba.
Feb 3, 2009 | 8:43 am
#4
Join Date: May 2005
Location: Dulles, VA
Programs: United Airlines 1 MM, Marriott Life Titanium
Posts: 2,777
It's not illegal to go to Cuba, it's just illegal to spend money there. As far as coming back, make sure Cuban Immigration does not stamp your passport coming or going. Easy enough. Use only cash, don't use a credit card, don't try global roaming with a cell phone, just use an unlocked GSM phone and buy a chip and credits while there.
If they can prove that you went to Cuba and spent money there, Treasury is who levies the fine, not CBP, since you're not banned from going there, just spending money.
If they can prove that you went to Cuba and spent money there, Treasury is who levies the fine, not CBP, since you're not banned from going there, just spending money.
Feb 3, 2009 | 9:33 am
#5
FlyerTalk Evangelist
Join Date: Dec 2003
Location: Miami, FL
Programs: AA EXP/Marriott Plat/Hertz PC
Posts: 12,724
It's not illegal to go to Cuba, it's just illegal to spend money there. As far as coming back, make sure Cuban Immigration does not stamp your passport coming or going. Easy enough. Use only cash, don't use a credit card, don't try global roaming with a cell phone, just use an unlocked GSM phone and buy a chip and credits while there.
If they can prove that you went to Cuba and spent money there, Treasury is who levies the fine, not CBP, since you're not banned from going there, just spending money.
If they can prove that you went to Cuba and spent money there, Treasury is who levies the fine, not CBP, since you're not banned from going there, just spending money.
Feb 3, 2009 | 10:37 am
#6
A FlyerTalk Posting Legend
Join Date: Apr 2001
Location: PSM
Posts: 69,232
I do not have a cite but the post you are questioning is accurate. The rule is about spending money there, not visiting. And the fine is officially issued by the Treasury. The law has to do with currency control (they don't want US hard currency in Cuba) which is why it is a Treasury thing.
Feb 3, 2009 | 11:25 am
#7
Join Date: May 2005
Location: Dulles, VA
Programs: United Airlines 1 MM, Marriott Life Titanium
Posts: 2,777
Correct. The US Government does not have right to restrict you from traveling outside the US. I also believe that the Treasury fine is considered a civil penalty, not a fine per se.
All a bunch of legal maneuvering to stop Americans from going to Cuba when they the government has no Constitutional authority to outright prohibit you.
All a bunch of legal maneuvering to stop Americans from going to Cuba when they the government has no Constitutional authority to outright prohibit you.
Feb 3, 2009 | 12:20 pm
#8
Join Date: May 2004
Programs: BA blue, LH Senator, KQ (FB) gold
Posts: 8,214
Here is the link to the website. It isn't really about 'hard currency' per se. The restriction comes under the Trading with the Enemy Act.
http://www.treas.gov/offices/enforce...uba/cuba.shtml
http://www.treas.gov/offices/enforce...uba/cuba.shtml
Feb 3, 2009 | 12:57 pm
#9
Used to be Sydneysider
Join Date: Jul 2001
Location: CPH
Programs: AS MVP/Gold (and 75K aspirant)
Posts: 2,984
Read this very carefully and heed the advice: do not fly from Canada to Cuba.
Our "friends" at DHS require the manifests for flights that cross US airspace, even if the flight doesn't land in the United States. If they see US passports on a YYZ-HAV flight, they can easily forward your information to Treasury which may slap you with a stiff fine.
If you go (and not that I'd know anything about this from personal experience, of course) go from Cancun.
Our "friends" at DHS require the manifests for flights that cross US airspace, even if the flight doesn't land in the United States. If they see US passports on a YYZ-HAV flight, they can easily forward your information to Treasury which may slap you with a stiff fine.
If you go (and not that I'd know anything about this from personal experience, of course) go from Cancun.
Feb 3, 2009 | 1:06 pm
#10
FlyerTalk Evangelist
Join Date: Dec 2003
Location: Miami, FL
Programs: AA EXP/Marriott Plat/Hertz PC
Posts: 12,724
Read this very carefully and heed the advice: do not fly from Canada to Cuba.
Our "friends" at DHS require the manifests for flights that cross US airspace, even if the flight doesn't land in the United States. If they see US passports on a YYZ-HAV flight, they can easily forward your information to Treasury which may slap you with a stiff fine..
Our "friends" at DHS require the manifests for flights that cross US airspace, even if the flight doesn't land in the United States. If they see US passports on a YYZ-HAV flight, they can easily forward your information to Treasury which may slap you with a stiff fine..
Feb 3, 2009 | 1:11 pm
#11
A FlyerTalk Posting Legend
Join Date: Apr 2001
Location: PSM
Posts: 69,232
Feb 3, 2009 | 1:12 pm
#12
Used to be Sydneysider
Join Date: Jul 2001
Location: CPH
Programs: AS MVP/Gold (and 75K aspirant)
Posts: 2,984
They could also make the (reasonable) argument that you couldn't stay in Cuba for a week or two and not spend any money. The violation of OFAC would be inescapable.
Feb 3, 2009 | 3:06 pm
#14
Join Date: Aug 2006
Location: CLT
Posts: 7,249
All the more reason for this horrible policy to change.
If we lift the embargo on Cuba, then hopefully we will be able to begin importing their produce into the US including sugar.
I'm sure Obama would not want that to happen though since his home state is so dependent on mainland US to purchase their sugar. I've heard (but have no sources) that buying Cuban sugar would kill the Hawaiian sugar industry.
Last time I was in Europe everyone thought it was so interesting that I hadn't been to Cuba since they all wanted to go. I said I can't go to Cuba. It's not worth it to me to go through all the steps to go to Cuba right now so I play by the rules.
If we lift the embargo on Cuba, then hopefully we will be able to begin importing their produce into the US including sugar.
I'm sure Obama would not want that to happen though since his home state is so dependent on mainland US to purchase their sugar. I've heard (but have no sources) that buying Cuban sugar would kill the Hawaiian sugar industry.
Last time I was in Europe everyone thought it was so interesting that I hadn't been to Cuba since they all wanted to go. I said I can't go to Cuba. It's not worth it to me to go through all the steps to go to Cuba right now so I play by the rules.
Feb 3, 2009 | 3:16 pm
#15
A FlyerTalk Posting Legend
Join Date: Sep 2002
Location: LAX/TPE
Programs: United 1K, JAL Sapphire, SPG Lifetime Platinum, National Executive Elite, Hertz PC, Avis PC
Posts: 47,221
All the more reason for this horrible policy to change.
If we lift the embargo on Cuba, then hopefully we will be able to begin importing their produce into the US including sugar.
I'm sure Obama would not want that to happen though since his home state is so dependent on mainland US to purchase their sugar. I've heard (but have no sources) that buying Cuban sugar would kill the Hawaiian sugar industry.
Last time I was in Europe everyone thought it was so interesting that I hadn't been to Cuba since they all wanted to go. I said I can't go to Cuba. It's not worth it to me to go through all the steps to go to Cuba right now so I play by the rules.
If we lift the embargo on Cuba, then hopefully we will be able to begin importing their produce into the US including sugar.
I'm sure Obama would not want that to happen though since his home state is so dependent on mainland US to purchase their sugar. I've heard (but have no sources) that buying Cuban sugar would kill the Hawaiian sugar industry.
Last time I was in Europe everyone thought it was so interesting that I hadn't been to Cuba since they all wanted to go. I said I can't go to Cuba. It's not worth it to me to go through all the steps to go to Cuba right now so I play by the rules.
The Cuban emigres are, by and large, strong supporters of right-wing Republican causes - so perhaps Obama wouldn't be too sensitive to their plight.
I wouldn't say lose their green card, although that's always a risk - but when it came time to naturalize, the trip to Cuba might cause a problem with that process.