Hello mongolia,
Thank you for your question.
Destination Cuba has a page enumerating restrictions for US citizens
visiting Cuba:
http://www.destinationcuba.com/whocanvisit.htm
"VISITING THE REPUBLIC OF CUBA AND TRANSACTIONS WITH THE REPUBLIC OF
CUBA
The following information is provided as a general overview of the
regulations administered by the United States Department of the
Treasury and the United States Department of Commerce. For specific
information, including legal opinion, requests should be made directly
to the appropriate representative of the United States government.
Relevant information is contained within the Code of Federal
Regulations (CFR)- 31 CFR Part 515.
Who is an Individual Subject To United States Law?
An individual subject to United States law includes: 1) Any
individual, wherever located, who is a citizen or resident of the
United States 2) Any person who is within the United States [a
non-United States citizen in transit at an airport, for example] 3)
Any corporation organized under the laws of the United States or of
any State, territory possession, or district of the United States 4)
Any corporation, partnership, or association, wherever organized or
doing business, that is owned or controlled by persons specified in 1
and 3. Non-United States citizens who have visas are considered to be
subject to United States law..."
So one of your questions is answered - not only citizens AND residents
are subject to restrictions, but anyone traveling through the US
enroute to Cuba are subject to these rules and restrictions.
"...Individuals subject to United States law can travel to the
Republic of Cuba if they do so under the auspices of either an OFAC
General License or an OFAC Specific License.
Individuals subject to United States law traveling to the Republic of
Cuba (with the exception of individuals subject to United States law
traveling to the Republic of Cuba on a “fully hosted” basis) under the
auspice of an OFAC General License or OFAC Specific License are
authorized to spend up to US$195.00 per day for hotels, meals, ground
transportation, etc. Not included in the US$195.00 per day spending
limit are expenses for telephone calls. Individuals who are full-time
journalists traveling to the Republic of Cuba under a general license
from the OFAC may also spend above the US$195.00 for expenses
“incidental to journalist activities.”
Exemptions to the US$195.00 per day authorization can be requested
from the OFAC. “Fully hosted” travelers are not subject to spending
limits while within the Republic of Cuba..."
The terms of a general license from the OFAC are as follows:
"...OFAC General License:
An individual subject to United States law traveling to the Republic
of Cuba under the auspice of an OFAC General License is neither
required to inform the OFAC in advance of their visit to the Republic
of Cuba nor obtain a written license from the OFAC.
1) Representatives of the United States government on official
business, representatives of non-United States governments on
official business, representatives of international organizations of
which the United States government is a member on official business.
2) Individuals subject to United States law who are regularly
(full-time) employed by a news gathering organization (television
network, television station, television production company, radio
station, newspaper, newsletter, magazine, video production company,
etc.). Travelers are advised to have company identification (with
photograph), business card, and/or a letter from the company
confirming full-time employment of the traveler. United States
Customs Service inspectors may request this information at the point
of entry into the United States.
3) Individuals subject to United States law traveling once in a twelve
(12) month period to visit close relatives in circumstances of
self-defined humanitarian need.
4) Individuals subject to United States law who are professional
researchers. This includes individuals who are acting on behalf of an
organization with an established interest in international relations.
5) Individuals subject to United States law who are graduate students,
under graduate students, or secondary school students under the
auspice of a specific license issued to a school, college, university,
etc.
6) Individuals subject to United States law traveling on a “fully
hosted” basis. “Fully hosted” travel requires that the individual
subject to United States law who is traveling to the Republic of Cuba
does not spend any funds of their own while within the Republic of
Cuba. Funds used to make payments for hotels, meals, ground
transportation, sundries, etc., must originate from a) an entity
within the Republic of Cuba b) an entity within another country or c)
an individual within another country. The use of indirect transfers
is not permitted. For example, the individual subject to United
States law sends funds to another country within which a relative,
friend, or business associate resides. The relative, friend, or
business associate then makes payments within the Republic of Cuba on
behalf of the individual subject to United States law. “Fully hosted”
individuals subject to United States law traveling to the Republic of
Cuba and departing from the Republic of Cuba are not permitted to use
their own funds for the purchase of an airline ticket or a cruise ship
ticket for such travel if the airline or cruise ship is controlled by
an entity within the Republic of Cuba. For example, a “fully hosted”
traveler subject to United States law is not permitted to use their
own funds to purchase an airline ticket on Cubana Airlines to travel
to the Republic of Cuba, but the traveler could use their own funds to
purchase an airline ticket on Mexicana, Air Jamaica, Lacsa, Iberia,
etc. A “Fully hosted” traveler subject to United States law may
return from the Republic of Cuba to the United States with an
unlimited value of artwork and informational materials (books,
magazines, music tapes, CD ROM’s, photographs, films, posters,
phonograph records, microfilm, microfiche, compact disks, and newswire
feed, etc.) A “Fully hosted” traveler subject to United States law
may not return from the Republic of Cuba to the United States with
Republic of Cuba- origin products such as those authorized for
individuals subject to United States law who travel to the Republic of
Cuba under an OFAC General License or an OFAC Specific License such as
cigars, rum, tee-shirts, crafts, etc. A “Fully hosted” traveler
subject to United States law may return from the Republic of Cuba to
the United States with any gift received from a Republic of Cuba
national. However, the gift must remain with the United States Customs
Service at the point of entry into the United States. The “fully
hosted” traveler subject to United States law may then request a
license from the OFAC to take possession of the gift..."
And a specific license differs in these regards:
"...OFAC Specific License:
An individual subject to United States law traveling to the Republic
of Cuba under the auspice of an OFAC Specific License is required to
obtain a written license from the OFAC. An individual(s) subject to
United States law who wishes to travel to the Republic of Cuba under
the auspice of an OFAC Specific License should write a letter to the
OFAC and include the following information: a) the date of the planned
visit and the length of stay b) the specific purpose(s) of the visit
c) name(s), title(s) of individual(s), and background(s) of the
traveler.
1) Individuals subject to United States law who wish to identify
commercial opportunities in the fields of agricultural products, air
charter services, artwork, communications, entertainment, farm
supplies, food sales, informational materials, medical equipment,
medical instruments, medical supplies, medicated products, medicines,
money transfer services, package delivery services, pharmaceuticals,
telecommunications; travel services; register trademarks and patents;
and organize and participate in trade shows;
2) Individuals subject to United States law more than once in a twelve
(12) month period to visit close relatives in circumstances of
self-defined humanitarian need.
3) Individuals subject to United States law who are employed as
freelance journalists.
4) Individuals subject to United States law accompanying licensed
(from the BXA) humanitarian donations.
5) Individuals subject to United States law traveling in conjunction
with activities of recognized human rights organizations investigating
human rights violations.
6) Individuals subject to United States law who are professional
researchers. This includes individuals who are acting on behalf of an
organization with an established interest in international relations.
7) Individuals subject to United States law who are graduate students
or secondary school students.
8) Individuals subject to United States law who are athletes competing
in an event(s).
9) Individuals subject to United States law who are members of a
religious organization.
10) Individuals subject to United States law who wish to lecture at
educational institutions.
11) Individuals subject to United States law who wish to engage in a
public exhibition, such as a concert, trade show, etc..."
And an important footnote for those considering travel to Cuba:
"...Travel Arrangements To/From/Within The Republic Of Cuba:
Individuals subject to United States law traveling to the Republic of
Cuba should only use travel agents which have been licensed by the
Office of Foreign Assets Control (OFAC) of the United States
Department of the Treasury:..."
The Office of Foreign Assets Control describes its mission as:
http://www.treas.gov/offices/enforcement/ofac/
"The Office of Foreign Assets Control ("OFAC") of the US Department of
the Treasury administers and enforces economic and trade sanctions
based on US foreign policy and national security goals against
targeted foreign countries, terrorists, international narcotics
traffickers, and those engaged in activities related to the
proliferation of weapons of mass destruction. OFAC acts under
Presidential wartime and national emergency powers, as well as
authority granted by specific legislation, to impose controls on
transactions and freeze foreign assets under US jurisdiction. Many of
the sanctions are based on United Nations and other international
mandates, are multilateral in scope, and involve close cooperation
with allied governments."
You can search for "Cuba" at their site for a number of interesting
documents:
http://ustreasury.mondosearch.com/cgi-bin/MsmFind.exe?QUERY=cuba
For example, you will find a 79 page document on guidelines and
restrictions and an application to travel to Cuba at this link:
http://www.treas.gov/offices/enforcement/ofac/sanctions/cuba_tr_app.pdf
Recent changes in Cuban travel are documented on this page from March
of this year:
http://www.wola.org/Cuba/cuba_ofac_travel_restric_memo_march03.htm
" On Monday, March 24th, the Office of Foreign Assets Control (OFAC),
the Treasury Department agency charged with enforcing restrictions on
travel to Cuba , issued new regulations. The regulations include some
modifications in the rules governing travel to visit family in Cuba ,
the sending of remittances to Cuba , as well as some other changes.
Most significantly, the regulations restrict “educational travel” to
Cuba , impacting many U.S. organizations that sponsor Cuba educational
travel, and reducing the number of U.S. citizens who visit the island.
These are “interim” regulations. They go into effect immediately,
but interested parties can submit comments on the regulations until
May 23rd. Final rules will be announced thereafter.
Individuals and organizations concerned about new limitations on
travel to Cuba should contact OFAC to express their concern, as well
as contact their U.S. Senators and Representatives to urge them to
express these concerns. Copies of the new regulations are available
on the OFAC web site (http://www.treas.gov/ofac). Comments should go
to the Chief of Records, ATTN Request for Comments, Office of Foreign
Assets Control, Department of the Treasury, 1500 Pennsylvania Ave. NW,
Washington, DC 20220, or be sent via the OFAC web site above.
Restrictions on Educational Travel
The most worrisome change in the regulations is the elimination of the
“people-to-people” exchanges, which would greatly limit educational
travel...
...This new restriction is likely to severely restrict licensed travel
to Cuba . It will negatively impact the work of many organizations.
It will limit U.S. citizens’ access to first-hand knowledge about Cuba
, and it will limit direct contact between U.S. and Cuban citizens.
This is a change that should be opposed...
...Other Changes in the Regulations
According to OFAC’s announcement, the changes in the regulations are
intended to implement President Bush’s “Initiative for a New Cuba.”
While this policy is described as “encouraging freedom in Cuba ” and
“helping to build Cuban civil society,” it is widely perceived as a
one-sided effort designed to support opposition groups in Cuba while
limiting broader contact between the U.S. and Cuban people.
The new regulations make some modest, but positive, modifications in
the rules that govern visits to relatives in Cuba, permitting U.S.
citizens who are allowed to visit close relatives in Cuba to spend
more money than they had previously been allowed, and broadening the
definition of how close a relative must be in order for one to be
licensed to visit them.
The regulations make some small changes, both positive and negative,
in the rules governing remittances that can be sent to Cuban citizens.
On the positive side, for example, they permit remittances to be sent
from funds held in the United States in the name of a Cuban citizen
(inheritances willed to relatives in Cuba , life insurance policies
payable to relatives in Cuba , etc). On the negative side, they
absolutely prohibit the sending of remittances to the households of
any “senior level government official” or Cuban Communist Party
official..."
You might wish to read all of the new proposals.
You can also search the State Department Web Site and find over 1,000
documents on travel to Cuba:
http://www.firstgov.gov/fgsearch/index.jsp?mw0=Cuba&rn=316&in0=domain&dom0=www.state.gov+state.gov+oig.state.gov+ds.state.gov+aiep.state.gov+travel.state.gov+foia.state.gov+exchanges.state.gov+geography.state.gov+www.ndf.org+www.statebuy.gov+www.pmdtc.org+careers.state.gov+911exhibit.state.gov&parsed=true
One of these details penalties:
http://usinfo.state.gov/regional/ar/us-cuba/treas15.htm
"...Economic sanctions were imposed against Cuba in 1963 to exert
financial pressure against Fidel Castro's regime. Most economic
transactions are prohibited, unless otherwise authorized by OFAC.
Criminal penalties for violation of these sanctions range up to 10
years in prison, $1 million in corporate fines and $250,000 in
individual fines. Civil penalties of up to $55,000 per violation may
also be imposed. Since October 1992, the effective date of OFAC's
civil penalty authority, Treasury has collected more than $2 million
in civil monetary penalties for Cuba embargo violations..."
If you care for more intricate details on travel to Cuba, perusing the
links above to the treasury and Dept of State should help you locate
any information you might desire.
Here are some other interesting links:
http://www.guardian.co.uk/usa/story/0,12271,903058,00.html
"US fines veteran cyclist £5,000 for taking holiday in Cuba
Duncan Campbell in Los Angeles
Wednesday February 26, 2003
The Guardian
Joan Slote, who went on a cycling holiday to Cuba, was fined nearly
$8,000 (£5,000) for breaking the US embargo of the island. Her case is
one of a growing number in which the US treasury department is
actively pursuing Americans who have visited the island or who are
suspected of encouraging others to do so.
The numbers of American visitors sought for breaking the embargo has
quadrupled since the Bush administration took office. The treasury
department now warns that those who visit without permission may face
fines of up to $55,000. The moves come despite a growing campaign in
the US among farmers, entrepreneurs and politicians, many of them
Republicans, to end the embargo. Currently, Americans are banned from
visiting Cuba unless they have a licence to do so on religious,
humanitarian, educational or journalistic grounds...."
ABC News:
http://abcnews.go.com/sections/travel/DailyNews/cubatrav.html
"More flights and faster visa approvals will make it easier to travel
between the United States and Cuba.
But those changes, announced Tuesday by the Clinton
administration, won’t make much difference to U.S. tourists. That’s
because the same restrictions will still apply for travel from the
United States to Cuba. In other words, tourism, which is regarded as
doing business with Cuba, remains prohibited.
Full-time journalists, government officials and U.S. residents
traveling to see family members in extreme circumstances are eligible
for general licenses to visit Cuba.
The U.S. Treasury Department also licenses several thousand
individuals a year for specific visits, among them academics, athletes
and scientists. That licensing procedure, which typically takes a
couple weeks, will be expedited under the new policy.
More Flights, Routes
President Clinton also authorized more charter passenger flights
between more cities in the two countries. Two charter airlines have
flown about 150 round trips between Miami and Havana since the
president reauthorized direct flights between the two countries in
July. Officials did not specify what cities will be added to the
routes.
Travel between the two countries has been restricted to varying
degrees over the course of the 38-year trade embargo on President
Fidel Castro’s Cuba. Direct charter flights to Cuba were banned 1996,
when two Cuban MiG jet fighters shot down four Miami-based planes.
Flights resumed last July.
Although U.S. residents are prohibited from visiting Cuba as
tourists, many have skirted the restrictions by traveling via other
countries without similar bans..."
So, while the Clinton administration attempted to curtail restrictions
on travel to Cuba a bit the Bush administration has renewed vigor in
prosecuting offenders of official policy.
In fact, this page talks of current administration plans:
Miami Herald
http://www.miami.com/mld/miamiherald/news/world/cuba/4742283.htm
"Posted on Sun, Dec. 15, 2002
U.S. may tighten Cuba travel
BY ANDRES OPPENHEIMER
aoppenheimer@herald.com
Bush administration officials are considering new restrictions on
travel to Cuba that would significantly reduce the number of U.S.
residents authorized to visit the island and could further hurt that
country's tourism income.
Under the proposal, which officials describe as one of many ideas
being discussed by the administration's policy planners, only Cubans
with U.S. citizenship would be allowed to travel to Cuba.
Accordingly, tens of thousands of Cuban immigrants who are not U.S.
citizens but are currently allowed to travel to the island every year
on humanitarian grounds would be denied permission to return to Cuba
to visit.
''We had a lot of complaints from the Immigration and Naturalization
Service, the Justice Department and other agencies, that people come
from Cuba claiming political persecution, and one year later go back
with money and packages,'' one U.S. official said...
...William Delahunt, D-Mass., one of 46 lawmakers on the bipartisan
Cuba Working Group that is pushing a broad series of steps to ease
limits on U.S. dealings with Cuba, said he believes that the
two-thirds majority needed to override a presidential veto could be
achieved within two years.
''If Americans can travel to Iraq and Iran, two-thirds of the
so-called axis of evil, why can't they travel to Cuba?'' asked
Delahunt, who was in Havana Saturday for ceremonies marking the first
anniversary of the first U.S. food shipments to Cuba in four decades.
Administration officials say there are key human rights and national
security considerations behind the proposal limiting travel to Cuba,
such as protecting noncitizen residents of this country from possible
arrests in Cuba and preventing terrorists from moving freely between
Cuba and the United States.
Cuba is one of the countries on the U.S. State Department's list of
nations that promote or tolerate terrorism...
...About 160,000 people traveled from the United States to Cuba last
year with or without U.S. travel permits, U.S. officials estimate.
According to the Cuban American National Foundation, an exile lobbying
group, about 110,000 of those were Cuban-born or Cuban American, and
only 25 percent of them U.S. citizens.
If the proposed travel restrictions are approved, the majority of
Cubans who are not U.S. citizens would be barred from visiting Cuba,
or would have to go through third countries, Cuban exile groups say.
One U.S. official said that, while the Bush administration may tighten
travel restrictions for noncitizens, it may also expand the exceptions
under which citizens -- including Cuban Americans -- can travel to
Cuba. Current U.S. law allows journalists and academics, among others,
to obtain special permits to travel to the island..."
And finally, an article from Slate with their usual excellent
synopsis:
http://slate.msn.com/id/2065799/
"Can Americans Travel to Cuba?
By Kate Taylor
Posted Tuesday, May 14, 2002, at 3:28 PM PT
Former President Jimmy Carter is visiting Cuba this week. But aren't
Americans banned from traveling to Cuba?
Under the 1963 Cuban Assets Control Regulations, you're not
technically banned from traveling to Cuba, but you can't spend money
there, which makes a trip almost impossible. There are, however, three
ways for Americans to legally visit Cuba:
1. If you're a full-time journalist, government official, member of an
international organization, athlete, or visiting relatives or doing
academic research, you may visit the island at any time.
2. If your trip is "fully hosted," meaning all your Cuba-related
expenses are covered by a foreign citizen or organization that you
don't reimburse, you're also home free.
3. If you're planning to travel with an educational or religious
institution or for humanitarian projects or free-lance journalism, you
can apply to the Department of the Treasury's Office of Foreign Assets
Control for a license, a process that generally takes several months.
According to the Carter Center, that's what the former president's
delegation did. But if you're just interested in taking some sun,
don't waste your time: OFAC does not give licenses for pleasure
travel.
If you're caught visiting Cuba illegally, OFAC can fine you $7,500 for
a single trip, and up to $10,000 for any additional trip..."
Search Strategy:
restrictions visiting cuba
I trust my research has answered your question and provided links that
will be of interest to you in discovering additional information. If a
link above should fail to work or anything require further explanation
or research, please do post a Request for Clarification prior to
rating the answer and closing the question and I will be pleased to
assist further.
Regards,
-=clouseau=- |
Clarification of Answer by
clouseau-ga
on
08 Jun 2003 13:56 PDT
Hello again Mongolia,
I'm pleased you enjoyed my research.
I originally interpreted your last question as other countries
restricting travel to Cuba. I now see you were seeking US citizen
restrictions on travel to other than Cuba.
http://usembassy.state.gov/havana/wwwhirqp.html
"On February 12, 2003, the Secretary of State signed a Public Notice
extending for an additional one-year period the existing restriction
on the use of the United States Passport for travel to, in or through
Iraq. The Public Notice was published in the Federal Register on
February 25, 2003.
"On February 1, 1991, pursuant to the authority of 22 U.S.C. 211a and
Executive Order 11295 (31 FR 10603), and in Accordance with 22 CFR
51.73 (a)(2) and (a)(3), all United States passports, with certain
exceptions, were declared invalid for travel to, in, or through Iraq
unless specifically validated for such travel.
The restriction was originally imposed on the grounds that (1) armed
hostilities then were taking place in Iraq and Kuwait, and (2) there
was an imminent danger to the safety of United States travelers to
Iraq. American citizens then residing in Iraq and American
professional reporters and journalists on assignment there were
exempted from the restriction on the grounds that such exemptions were
in the national interest. The restriction has been extended for
additional one-year periods since then, and was last extended through
February 25, 2003..."
Travel advisories can be found on this page at the Department of
State:
http://travel.state.gov/travel_warnings.html
"Travel Warnings & Consular Information Sheets
What Are Travel Warnings, Consular Information Sheets & Public
Announcements?
Travel Warnings are issued when the State Department decides, based on
all relevant information, to recommend that Americans avoid travel to
a certain country. Countries where avoidance of travel is recommended
will have Travel Warnings as well as Consular Information Sheets..."
Although not strictly prohibited, the warnings are very informative.
For example, Algeria posted this April:
""This Travel Warning supersedes the Travel Warning dated February 3,
2003, and is being issued to alert Americans to ongoing security
concerns in Algeria and to warn Americans to avoid travel to the
Sahara desert areas of Southeasten Algeria where more than 25 European
tourists have disappeared since February.
The Department of State urges U.S. citizens to evaluate carefully
their security and safety before traveling to Algeria. Random
terrorist attacks still occur in rural and remote areas, on public
transportation outside the major cities, and in some parts of the
country at night. In the past year, the greater Algiers area has seen
sporadic terrorist attacks, including drive-by shootings of police and
small explosive devices placed in or near markets and bus stops.
Since late February, more than 25 tourists from Western Europe have
been confirmed missing in the Sahara desert areas of southeastern
Algeria, between the cities of Ouargla and Tamanrasset. The reason for
the disappearances is unknown; Algerian authorities are investigating.
We caution U.S. citizens to avoid traveling in this area..."
And the US will often issue travel restrictions for regions of
countries such as:
http://www.usofficepristina.usia.co.at/cons/ward2.htm
April 20, 2001
Public Announcement - Travel Restrictions
The United States Office Pristina, Kosovo advises all Americans of the
following KFOR travel restrictions: Avoid all travel to Multi National
Brigade North (MNBN). Kosovo Forces (KFOR) are the only vehicles
allowed travel within the MNBN area. No movement by Internationals
will be allowed. This travel restriction is in effect until further
notice.
Iran currently has a travel warning, but not a restriction:
http://travel.state.gov/iran_warning.html
"This information is current as of today, Sun Jun 08 13:39:25 2003.
Iran
May 12, 2003
The Department of State warns U.S. citizens to consider carefully the
risks of travel to Iran. This supersedes the Travel Warning for Iran
of January 30, 2002, to update information about the security
situation in Iran.
Tensions generated by the current situation in Iraq have increased the
potential threat to U.S. citizens and interests abroad posed by those
who oppose U.S.policy. Some elements of the Iranian government and
population remain hostile to the U.S. Some areas of the country,
including the Baluchistan border area near Pakistan and Afghanistan
generally, are not safe for tourism. There were several bombings in
January 2003 in the vicinity of Zahedan, the capital of the Sistan va
Baluchistan province. The Kurdish northwest of the country and areas
near the Iraqi border are not considered safe either.
Large-scale demonstrations have taken place in various regions
throughout Iran over the past several years as a result of a
sometimes-volatile political climate. U.S. citizens who go to Iran
should exercise caution.
The U.S. government does not currently have diplomatic or consular
relations with the Islamic Republic of Iran and therefore cannot
provide protection or routine consular services to American citizens
in Iran. The Swiss government, acting through its Embassy in Tehran,
serves as protecting power for U.S. interests in Iran. Neither U.S.
passports nor visas to the United States are issued in Tehran. The
Iranian Government does not recognize dual citizenship and generally
does not permit the Swiss to provide protective services for U.S.
citizens who are also Iranian nationals. In addition, U.S. citizens of
Iranian origin who are considered by Iran to be Iranian citizens have
been detained and harassed by Iranian authorities. Former Muslims who
have converted to other religions, as well as persons who encourage
Muslims to convert, are subject to arrest and possible execution..."
As to prosecutions for travel to Cuba, yes these have and continue to
occur. For example:
http://www.ibike.org/cuba/ofac/010813-spt.htm
"U.S. cracks down on illicit trips to Cuba
More Americans who slip away to see the island's forbidden attractions
are facing stiff fines.
By David Adams
© St. Petersburg Times, published August 13, 2001
When a group of U.S. sports fishermen recently broke the law by
casting their lines in Cuba, they never expected to get in trouble for
it.
But federal officials were waiting for them in Canada when they
stepped off a plane from Havana. Each member of the group later
received a shock in the mail -- letters from the U.S. Treasury
Department threatening each with a $7,500 fine.
Unlucky as it might seem, the fishermen, whose case is pending, were
just one example of a new trend in the 38-year-old embargo against
Cuba. Lawyers and civil rights groups say hundreds of Americans, from
scuba divers to cigar aficionados, are being slapped with fines as the
Bush administration clamps down on violations of the so-called "Cuba
travel ban."..
...One Seattle man was fined after he traveled to Cuba to bury his
fathers' ashes. The Treasury Department tried to impose a $20,000
penalty, but settled for much less. Another couple were fined after
their boat broke down and they were forced to dock in Cuba for
repairs..."
The Consular Information Sheet on Cuba speaks to jail terms by Cuban
authorities for law breaking by US citizens:
http://travel.state.gov/cuba.html
And some have faced life imprisonment for illegal trade with Cuba:
http://www.globalexchange.org/campaigns/cuba/US-Cuba/timesColonist040402.html
"Canadian faces life in prison
for selling goods to Cuba
Times Colonist (Victoria)
April 4, 2002
Philadelphia (CP) -- A Canadian businessman charged with violating the
1960 U.S. trade embargo against Cuba was found guilty of selling goods
through foreign middlemen by a jury on Wednesday.
James Sabzali, 42, becomes the first Canadian to be convicted of
trading with Cuba, something that is legal in Canada but could send
him to prison in the United States.
"I'm shocked," said Sabzali, who fully co-operated with the five-year
investigation. "It doesn't make any sense."
"It's unbelievable," added Sharon Moss, Sabzali's Canadian wife, who
was clearly shaken by the verdict.
In the unprecedented case widely regarded as a challenge to Canadian
sovereignty, Sabzali was found guilty of a total of 21 counts -- 20
counts of violating the U.S. Trading with the Enemy Act and one count
of conspiracy..."
But I have not found any penalties for travel to Cuba illegally other
than fines. Even commercial violations appear to have been settled for
fines as this article at the Office of Public Affairs:
http://www.ustreas.gov/press/releases/rr3083.htm
"TREASURY ANNOUNCES CIVIL PENALTIES FOR CUBA TRAVEL VIOLATIONS
The Treasury Department's Office of Foreign Assets Control (OFAC)
recently settled claims for embargo travel violations to Cuba by two
Miami airline charter companies and a national magazine.
C&T Charters, Inc., paid a $125,000 penalty settlement to OFAC for
allegations of acting as the operator of charter flights between
Nassau, Bahamas and Havana, Cuba, without OFAC authorization, and for
record keeping deficiencies found during compliance audits by OFAC.
Wilson International Services, Inc., paid $61,000 to settle alleged
record keeping deficiencies found during OFAC audits. In September,
1998 following an investigation, OFAC suspended the licenses of both
companies to provide travel-related services to Cuba.
Harper's Bazaar paid $31,000 in settlement of allegations that it
engaged in unlicensed payments for travel expenses in 1998 for a photo
shoot in Cuba...
...Economic sanctions were imposed against Cuba in 1963 to exert
financial pressure against Fidel Castro's regime. Most economic
transactions are prohibited, unless otherwise authorized by OFAC.
Criminal penalties for violation of these sanctions range up to 10
years in prison, $1 million in corporate fines and $250,000 in
individual fines. Civil penalties of up to $55,000 per violation may
also be imposed. Since October 1992, the effective date of OFAC's
civil penalty authority, Treasury has collected more than $2 million
in civil monetary penalties for Cuba embargo violations."
And Cuba Solidarity mentions:
http://www.cubasolidarity.com/travel.htm
"...Many Americans --more than 40,000 a year-- travel to Cuba without
a license through third countries like Canada, Mexico, Jamaica, or the
Bahamas. Spending money in Cuba is a violation of the Trading with the
Enemy Act; violators are theoretically subject to criminal penalties
of up to $250,000 and ten years in prison. In practice it's been
politically too expensive to impose such penalties, so the government
has used civil penalties (fines) though even that has been little
enforced. There's a good chance you know someone who's been to Cuba
through a third country without any problems.
This is changing, as an August 2001 article in the New York Times
points out. Initial steps toward fines, if not prosecutions, have
since May risen at a rate more than 12 times greater than last
year..."
So, although the potential for imprisonment for violations exists, I
have not found a case where that penalty was actually issued.
Kind regards,
-=clouseau=-
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