Americans in Cuba

This article is a travel topic.

This article offers information of use to U.S. citizens planning to travel to Cuba, describing the legality of various approaches. It does not advocate illegal actions, and it is the traveller's responsiblity to know the laws and the repercussions of breaking them.

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Travel to Americans in Cuba, visa requirements

Although the government of Cuba permits U.S. citizens to visit, the U.S. itself restricts its citizens from travelling there, except with a license issued by the Treasury Department's Office of Foreign Assets Control. The specific restriction is against spending money in Cuba, however U.S. authorities consider any visit of more than one day to be prima facie proof that one has spent money there. Furthermore, OFAC also holds that U.S. citizens also may not receive goods or services for free from any Cuban national, eliminating any attempts to circumvent the regulation based on that premise. It's a Catch-22, and that's intentional.

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With a license

Licenses allowing persons from the U.S. to spend money in Cuba are granted to certain classes of people for particular purposes.

A general license does not require paperwork and may apply to the following:

• Professional journalists on assignment in Cuba
• Full-time professionals conducting academic research or attending professional conferences
• Persons on official government business

A specific license requires paperwork and State Department approval on case-by-case basis. You may be approved for a specific license if you fall into a certain class of persons. Note that a specific license may be granted to an institution (i.e. university, church) under whose auspices an individual may then travel without applying separately to the State department, or a specific license may be applied for and granted to an individual. Some of the classes of persons who may be granted a specific license are:

• Persons visiting immediate family in Cuba
• Full-time graduate students conducting academic research to be counted toward a graduate degree
• Undergraduate or graduate students participating in a study abroad program of at least 10 weeks in length
• Professors/teachers employed at a US institution travelling to Cuba to teach
• Persons engaging in religious activities
• Freelance journalists
• Persons engaging in humanitarian projects
• Persona engaging in non-profit cultural exhibitions

You cannot travel to Cuba for purposes of tourism. However, even U.S. citizens whose primary interest is tourism can get authorization to travel under the auspices of a program whose activities are sufficiently religious, educational, cultural, or otherwise exempt to qualify for a license. It is even possible for an individual with a credible background in, say, freelance journalism or academics, to craft a "mission" for their visit which successfully gets them a permit. Further details and forms are available from the U.S. Dept. of State [1].

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Without a license

Many U.S. citizens instead travel without a license, doing so by way of other countries (many of which have routine flights to and from Cuba) to escape detection. Cuban travel agents now recommend against using Canada or the Bahamas as a gateway, since U.S. pre-clearance customs agents in Toronto, Montreal, and Nassau are said to actively look for U.S. citizens getting off planes from Cuba.

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Via Canada

A common practice for U.S. citizens traveling to Cuba via Canada is a three-leg flight: an international flight to Canada, a domestic flight to another Canadian city, then an international flight to Cuba. The first two legs would be flown on a single return-trip ticket, with the third leg purchased as a separate ticket in Canada. For example, the first ticket might be for Miama-Toronto-Montreal (and back) and the second ticket for Montreal-Havana (and back). The domestic flight in the middle serves to avoid detection by by U.S. agents watching transfers within a single international terminal.

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Via Mexico

Mexico is considered a safer route and probably the most popular, although not entirely without risk; two Mexican entry stamps in your passport without an intervening stamp from another country (Cuba doesn't stamp U.S. passports) could potentially raise suspicions. When re-entering Mexico from Cuba, you might nicely ask the immigration officer not to stamp you passport (nice = $10-20 neatly folded in the info page of your passport).

Cancun is one of the easier gateways, with a couple different airlines offering daily flights to Havana. Although it may be slightly worrysome to show up not knowing what to expect, if you arrive earlier in the day it's usually possible to walk up to one of the airline counters and buy an onward ticket for same day travel, as flights on this route are rarely full. Try Cubana. Mexicana also has flights to Cuba, but since Mexicana also operates in the U.S., they may be required to show their flight manifests to the U.S. authorities. Obviously don't attempt to pre-book online with a U.S. credit card.

U.S. citizens also travel via countries without U.S. customs stations (Guatemala, Venezuela, Panama, Cayman Islands, Dominican Republic, Costa Rica, Haiti, etc.) to reduce the likelihood of being caught. A substantial number simply take their chances, hoping they will not be questioned. U.S. citizens are advised by Cuban travel agents not to bring back anything identifiably Cuban (including tickets and receipts) before re-entering the country.

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By boat

There are no regular ferries or boats to Cuba from foreign ports, although some cruise liners do visit. Yachters are expected to anchor at the public marinas. Also, most ports are closed and tourists are not permitted to walk around them. Private vessels may enter at Marina Hemingway in Havana or Marina Acua in Varadero. Entry requires a U.S. passport, but there are no visa requirements. Expect to hand out several $10 bills to facilitate your entry. Your passport will not be stamped by Cuban authorities unless you request it. Anticipate that your boat will be photographed by American officials from the American Interests Section. You will likely be intercepted upon your return to America and fined $5000, although this is just a formality. You will not be expected to actually pay this fine nor have there been any repercussions or attempts to collect. The only attempt to prosecute was the case of Peter Goldsmith v. United States. This case was dismissed with prejudice in late 2004 in the Miami District Court.

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Shopping, Americans in Cuba souvenirs

Because of the embargo, financially Cuba is one of the most difficult countries for Americans to visit - credit cards and ATM cards issued by American banks will not work anywhere in Cuba, and you'll have a hard time getting rid of travelers checks from American banks as well. The easiest (though slightly worrying) option then is to carry enough cash for your entire trip, and then some. If you are carrying large amount of cash, it may be a good idea to bring along a money belt. If you are staying in a hotel with a safe, it may be a good idea to keep your money in it.

If you are wary about carrying a large sum of cash, there are alternatives. It is possible to put money on a transcard [2] and then use that in Cuba.

Another alternative is to obtain a Canadian credt-card-style debit card (several are available) which is issued by a Canadian bank and is not restricted in Cuba.

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Stay safe

There is no U.S. Embassy or consulate in Cuba. The United States is represented by the United States Interests Section[3], which is technically part of the Swiss Embassy in Havana, though physically separate. It is located in the Vedado district, along the Malecon. They can assist you if you lose your passport or have similar troubles.

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Get out

You are allowed to bring informational materials (books, CDs, records, etc.) and certain types of artwork into the United States, but importing other types of Cuban goods is not allowed.

Whether or not a traveller has a license to visit, it is illegal to bring into the U.S. any Cuban cigars; cigars without labels may be presumed to be Cuban, and confiscated. Violating this is likely to compound unlicensed travelers' woes, making them easier targets for prosecution. Also, if unlicensed, bringing back anything that can be identified as Cuban may cause problems, especially if US authorities decide to search your luggage.

U.S. citizens caught travelling to Cuba without a license will not be denied re-entry, but may be subject to fines of several thousand dollars and/or criminal prosecution. Perjury can be added to the charges if you falsely report your travels (e.g. omitting Cuba) upon re-entry, which leads some travelers to give an honest declaration along with an attempt to justify their visit under the general license if they come under scrutiny. Others simply omit Cuba and take their chances. Exercising your Fifth-Amendment right to silence may also come in handy when filling out forms or answering questions whose answers might incriminate you. Many violators successfully avoid fines by contesting the notices, with the government backing down rather than putting the effort into prosecution and testing their restrictions in court. (The constitutionality of OFAC's "presumption of guilt" regarding spending money in Cuba has not been tested in the courts thus far.) Currently, the National Lawyers Guild and the Center for Constitutional Rights provide legal representation for U.S. citizens accused of violating these restrictions.