Quote
chrism13
Hoping somebody can assist/clarify something for US citizens flying to Cuba.
Just want to clarify the actual process.
My main question is:
Can you board a fight to Cuba even if you do not have official permission from the US gov under the 12 categories?
My official application was rejected by the US Gov. but I have read that the process is that you can actually go by just fillout out a form saying you are going for one of the 12 reasons. Upon return they might (?) ask under what categories you went for & that all you have to do is have some reasonable explanation for one the 12 reasons. That and keep records for 5 (?) years.
This seems in contrast to what I understood which was you had to show proof before you even left.
I also read ( I think on IORR) that they now stamp all American Passports.That is different from the last time I went thru the Bahamas.
Mil Gracias!
You print the general license affidavit form, check a box and if US Customs asks for it on your return, you hand it to them. If you fly from an US airport directly to Cuba - you'll need to show the affidavit when you depart.
Last fall, Aeromexico and Interjet weren't popping up the general license affidavit form during the purchase process for a flight from Mexico to Cuba, but they are now. I'm not sure why they are now since they are not US companies or whether they're sharing information with the US. Considering there does not appear to be a room somewhere in DC collecting the affidavits, there doesn't appear to be a place to send the information. I speculate either the pop up is because they're partnered with US airlines or they fly into US airports and whether the information is being sent to OFAC is unknown.
[
www.treasury.gov]
"What are the travel authorizations in the Cuba program?
OFAC has issued general licenses within the 12 categories of authorized travel for many travel- related transactions to, from, or within Cuba that previously required a specific license (i.e., an application and a case-by-case determination). Travel-related transactions are permitted by general license for certain travel related to the following activities, subject to the criteria and conditions in each general license: family visits; official business of the U.S. government, foreign governments, and certain intergovernmental organizations; journalistic activity; professional research and professional meetings; educational activities; religious activities; public performances, clinics, workshops, athletic and other competitions, and exhibitions; support for the Cuban people; humanitarian projects; activities of private foundations or research or educational institutes; exportation, importation, or transmission of information or information materials; and certain authorized export transactions.
6. Do travelers who fall within the scope of a general license need to submit a written request to OFAC for permission to travel or conduct transactions?
No. No further permission from OFAC is required to engage in transactions by a person who meets all criteria in a general license. Individuals wishing to engage in activities that may fall within the scope of a general license should review the relevant general licenses contained in the CACR to determine whether their travel-related transactions are covered by such general licenses. Persons subject to U.S. jurisdiction who wish to engage in any travel within the 12 categories of activities specified in the CACR that does not meet the requirements of a general license will need to apply for a specific license from OFAC."
" As an authorized traveler, may I travel from a third country to Cuba and from Cuba to a third country?
Yes, a person subject to U.S. jurisdiction engaging in authorized travel-related transactions may travel to Cuba from a third country or to a third country from Cuba. Persons subject to U.S. jurisdiction traveling to and from Cuba via a third country may only do so if their travel-related transactions are authorized by a general or specific license issued by OFAC, and are subject to the same restrictions and requirements as persons traveling directly from the United States."
No one has been penalized for loosely interpreting their travel purpose to Cuba in five years:
[
www.fas.org]
"According to OFAC’s listing of civil enforcement actions on its website, from 2004-2005, over 800 individuals had civil penalties assessed or reached informal settlements for alleged violations of various restrictions under the Cuban Assets Control Regulations. The individuals either were assessed a penalty or reached an informal settlement for violations of the Cuba regulations (not just travel-related restrictions) with almost $1.1 million in penalties. Since 2006, however, after backlogged cases were resolved, the number of individuals penalized by OFAC fell considerably. Less than 100 individuals have been penalized since 2006, with 21 in 2006, 17 in 2007, 32 in 2008, 3 in 2009, and 1 in 2010; since 2011, OFAC has not reported any individuals being penalized for violations of the CACR."
Regardless of whether you book a roundtrip ticket from an US city, take a boat from Key West or fly through a third country - i.e. Mexico or Canada, you need to check one of twelve boxes on the general license form. Most people probably check freelance journalist, professional research, educational activities or participating in a public performance once a day - singing Twinkle Twinkle Little Star on a street corner or juggling at an Internet cafe. If the Cubans watching you toss some coins, until recently you were required to donate the money to a Cuban or US charity benefiting Cuban people.
You can print this general license form or create your own:
[
www.abc-charters.com]
With this affidavit omit the part at the bottom about traveling with a travel service provider since you aren't traveling via a tour group.
If you want to create your own form:
[
www.cubanadventuresusa.com]
"To create your license, you can either go online and find a generic affidavit to fill out (many Miami charter flight companies have these online), or you can write a letter with the following information:
Dates of travel
High level purpose of travel
Specific category of general license (use the code citation)
Signature and date
You do not need it to be notarized. While the regulations don't have specific documentation requirements- there is no actual paper "license" per se, it may be difficult to explain that to a customs official who asks to see it. It is better to have some paper to show them, and this letter or affidavit should be sufficient."
You are required to keep records of the trip for five years:
"OFAC requires that you maintain specific records of your travel to Cuba, regardless of whether you are traveling under a license or not, and to keep these records for 5 years in the (highly unlikely!) event that OFAC requests to see them. Hang on to any documents relating to transactions or purchases you make relating to your trip to Cuba (e.g. receipts for flights or accommodations), along with any itineraries and other support for your purpose for travel."
Once back in the US:
"You don't need to worry about showing your license anywhere except the US when returning from your trip. Other countries aren't in the practice of enforcing the US travel embargo, so don't expect anyone in Cuba, Mexico, Canada, etc. to have any idea of what you're talking about if you mention the license. When you fill out your customs/immigration form when returning home, you can write "Cuba (under general license xxx.xxx)" in the "Countries Visited" section. Most of the time they don't even look at these forms, but if you are asked where you've been, you can freely admit that you were in Cuba. You only need to show your license if an official asks to see it. It would be very rare for them to ask to see your license, unless you are bringing back tobacco. If you received a passport stamp in Cuba, don't worry - you are traveling legally!"
It's estimated that 600,000 Americans visit Cuba each year. How many are traveling there on loosely interpreted general licenses or omitting they were there when arriving back in the US is unknown. As long as you don't mention to US Customs you went there as a tourist, to pursue a hobby (seeing the Stones) or are bringing back cigars and rum to sell (instead of the limited amount permitted for personal use), the US government isn't currently interested in challenging your general license affidavit.
Edited 1 time(s). Last edit at 2016-03-04 18:37 by GlimmerGirl24.