US-Cuba Travel Regulations

For a complete listing, please visit the US Treasury Department Website at: http://www.ustreas.gov/offices/enforcement/ofac/programs/cuba/cuba.shtml

WHO CAN GO

 - The following travelers are authorized, under OFAC general license, to engage in travel transactions while in Cuba:

• Journalists and supporting broadcasting or technical personnel (regularly employed in that capacity by a news reporting organization and traveling for journalistic activities).

• Official government travelers (traveling on official business).

• Members of international organizations of which the United States is also a member (traveling on official business).

• Full-time professionals whose travel transactions are directly related to professional research in their professional areas, provided that their research 1) is of a noncommercial, academic nature; 2) comprises a full work schedule in Cuba; and 3) has a substantial likelihood of public dissemination.

• Full-time professionals whose travel transactions are directly related to attendance at professional meetings or conferences

in Cuba organized by an international professional organization, institution, or association hat regularly sponsors such meetings or conferences in other countries. The organization, institution, or association sponsoring the meeting or conference may not be headquartered in the United States unless it has been specifically licensed to sponsor the meeting. The purpose of the meeting or conference cannot be the promotion of tourism in Cuba or other commercial activities involving Cuba, or to foster production of any bio-technological products.

• Travelers who have received specific licenses from OFAC prior to going. Specific licenses are described below.

Specific licenses to visit immediate family members* in Cuba:

OFAC may issue specific licenses authorizing travel-related transactions incident to one visit lasting no more than 14 days to immediate family members* who are nationals of Cuba per three-year period. For those who emigrated to the United States from Cuba, and have not since that time visited a family member in Cuba, the three year period will be counted from the date they left Cuba. For all others, the three year period will be counted from the date they last left Cuba pursuant to the preexisting family visit general license, or from the date their family visit specific license was issued. Travelers wishing to visit an immediate family member in Cuba who is authorized to be in Cuba but not a national of Cuba may be granted a specific license in exigent circumstances provided that the U.S. Interests Section in Havana concurs in the issuance of such a license. Applications for these specific licenses should be mailed to OFAC's Miami Office at:

Office of Foreign Assets Control

U.S. Department of Treasury

P.O. Box 229008

Miami, FL 33122-9008

*a "member of the immediate family" is defined as a spouse, child, grandchild, parent, grandparent, or sibling of the traveler of that traveler's spouse, as well as any spouse, widow or widower of any of the foregoing.

Specific licenses for educational institutions:

Specific licenses may be issued by OFAC to authorize travel transactions related to certain educational activities by students or employees at U.S. undergraduate or graduate institutions. Such licenses must be renewed after a period of one year. Once an academic institution has applied for and received such a specific license, the following categories of travelers affiliated with that academic institution are authorized to engage in travel-related transactions incident to the following activities without seeking further authorization from the Office of Foreign Assets Control:

• Undergraduate or graduate students participating in a structured educational program lasting at least 10 weeks as part of a course offered at a U.S. undergraduate or graduate institution. Students planning to engage in such transactions must carry a letter from the licensed institution stating 1) the institution’s license number, 2) that the student is enrolled in an undergraduate or graduate degree program at the institution, and 3) that the travel is part of an educational program of the institution.

• Persons doing noncommercial Cuba-related academic research in Cuba for the purpose of qualifying academically as a professional (e.g., research toward a graduate degree). Students planning to engage in such transactions must carry a letter from the licensed institution stating 1) the institution’s license number, 2) that the student is enrolled in a graduate degree program at the institution, and 3) that the Cuba research will be accepted for credit toward that graduate degree.

• Undergraduate or graduate students participating in a formal course of study lasting at least 10 weeks at a Cuban academic institution, provided the Cuban study will be accepted for credit toward a degree at the licensed U.S. institution. A student planning to engage in such transactions must carry a letter from the licensed U.S. institution stating 1) that the individual is a student currently enrolled in an undergraduate or graduate degree program, or a full time permanent employee at the institution, 2) that the Cuba-related travel is part of a structured educational program of that institution that will last at least 10 weeks, and 3) citing the institution's license number.

• Persons regularly employed in a teaching capacity at a licensed U.S. undergraduate or graduate institution who plan to teach part or all of an academic program at a Cuban academic institution for at least 10 weeks. An individual planning to engage in such transactions must carry a letter from the licensed institution stating 1) the institution’s license number, and 2) that the individual is regularly employed by the licensed institution in a teaching capacity.

• Cuban scholars teaching or engaging in other scholarly activities at a licensed college or university in the United States. Licensed institutions may sponsor such Cuban scholars, including payment of a stipend or salary. The Cuban scholar may remit all such stipends or salary payments back to Cuba.

• Full-time employees of a licensed institution organizing or preparing for the educational activities described above. An individual engaging in such transactions must carry a letter from the licensed institution stating 1) the institution’s license number, and 2) that the individual is regularly employed there.

Status of current educational institution licenses:

Licensed educational institutions that have already planned Cuba trips that will not meet the new requirements issued in June 2004 may still engage in all transactions incident to such trips provided that the trips and all associated transactions are completed by August 15, 2004.

Specific licenses for religious organizations:

Specific licenses may be issued by OFAC to religious organizations to authorize individuals affiliated with the organization to engage in travel transactions under the auspices of the religious organization. Applications by religious organizations for such licenses should include examples of the religious activities to be undertaken in Cuba. All individuals traveling pursuant to a religious organization's license must carry with them a letter from the licensed organization citing the number of the license and confirming that they are affiliated with the organization and that they are traveling to Cuba to engage in religious activities under the auspices of the organization.

Other specific licenses:

Specific licenses may be issued by the Office of Foreign Assets Control on a case-by-case basis authorizing travel transactions by the following categories of persons in connection with the following activities:

• Humanitarian Projects and Support for the Cuban people - 1) Persons traveling in connection with activities that are intended

to provide support for the Cuban people, such as activities of recognized human rights organizations; 2) Persons whose travel transactions are directly related to certain humanitarian projects in or related to Cuba that are designed to directly benefit the Cuban people. Licenses authorizing transactions for multiple trips over an extended period of time are available.

• Free-Lance Journalism - Persons with a suitable record of publication who are traveling to Cuba to do research for a freelance article. Licenses authorizing transactions for multiple trips over an extended period of time are available for applicants demonstrating a significant record of free-lance journalism.

• Professional Research and Professional Meetings – Persons traveling to Cuba to do professional research or to attend a professional meeting that does not meet the requirements of the relevant general license (described above). Licenses authorizing transactions for multiple trips over an extended period of time are available.

• Religious Activities - Persons traveling to Cuba to engage in religious activities that are not authorized pursuant to a religious organization’s specific license. Licenses authorizing transactions for multiple trips over an extended period of time are available.

• Public Performances, Athletic or Other Competitions, and Exhibitions - Persons traveling to participate in a public performance, athletic or other competition (that does not meet the requirements of the specific license described below), or exhibition. The event must be open for attendance, and in relevant situations participation, by the Cuban public, and all profits from the event after costs must be donated to an

independent nongovernmental organization in Cuba or a U.S.- based charity, with the objective, to the extent possible, of benefiting the Cuban people.

• Amateur or semi-professional athletes or teams traveling to participate in Cuba in an athletic competition held under the auspices of the relevant international sports federation. The athletes must have been selected for the competition by the relevant U.S. sports federation, and the competition must be one that is open for attendance, and in relevant situations participation, by the Cuban public.

• Activities of Private Foundations or Research or Educational Institutions- Persons traveling to Cuba on behalf of private foundations or research or educational institutes that have an established interest in international relations to collect information related to Cuba for noncommercial purposes. Licenses authorizing transactions for multiple trips over an extended period of time are available.

• Exportation, Importation, or Transmission of Information or Informational Materials - Persons traveling to engage in activities directly related to the exportation, importation, or transmission of information or informational materials.

• Licensed Exportation - Persons traveling to Cuba to engage in activities directly related to marketing, sales negotiation, accompanied delivery, or servicing of exports of health care products or other exports that may be considered for authorization under existing Department of Commerce regulations and guidelines with respect to Cuba or engaged in by U.S.-owned or - controlled foreign firms.

Applying for a specific license:

 Except with regard to applications pertaining to family travel and the provision of travel, carrier and remittance forwarding services, persons wishing to travel to Cuba under a specific license should send a letter specifying the details of the proposed travel, including any accompanying documentation, to the Licensing Division, Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Ave., NW, Washington, DC 20220. Applications for transactions referenced above should be submitted directly to OFAC's Miami office.

Provision of travel services:

 U.S. travel service providers, such as travel agents, who handle travel arrangements to, from, or within Cuba must hold special authorizations from the Office of Foreign Assets Control to engage in such activities. These authorizations are issued based on written applications from the service providers, subject to appropriate checks by the Treasury Department. A "traveler" should not use any travel agent or tour operator in the United States that does not hold valid

Treasury authorization. If in doubt about the status of a company's authorization, travelers should call the Office of Foreign Assets Control at 305/810-5140. Only carrier service providers that have been authorized by OFAC may operate direct charter flights between the United States and Cuba. To find a licensed travel service provider, consult OFAC's website.

Unauthorized travel-related transactions:

Unless otherwise exempted or authorized, any person subject to U.S. jurisdiction who engages in any travel-related transaction in Cuba violates the Regulations.

EXPORTATION OF ACCOMPANIED BAGGAGE - Authorized travelers to Cuba are limited to 44 pounds of accompanied baggage per traveler unless a specific license from OFAC or the Department of Commerce's Bureau of Industry and Security authorizes a higher amount.

WHAT CAN BE BROUGHT BACK - If U.S. travelers return from Cuba with Cuban origin goods, such goods, with the exception of informational materials, may be seized at Customs' discretion. [Section 515.204 of the Regulations]. There are no limits on the import or export of informational materials [Section 515,206 of the Regulations]. Such materials are statutorily exempt from regulation under the embargo and such items as books, films, tapes and CDs may be transported freely. However, blank tapes and CDs are not considered informational materials and may be seized.