Restrictions
USA CUBA TRAVEL does not provide legal
advise. No travel decision shall be based solely on information provided
by this website. The following information is an abstract
from a U.S. Department of Treasury publication provided for the
unique purpose of helping our readers find answers to common questions.
A Complete version of this document and other documents related to Cuba
can be found on the Office of Foreign Assets Control website (Cuba
legal webpage and Cuba
guidelines webpage).
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USA CUBA TRAVEL does
not ask questions concerning whether or not you are traveling
with license.
We may help you find a Cuban
counterpart if doing so is a necessary step in getting a travel license.
Abstract:
U.S. Department of the
Treasury
Office of Foreign Assets
Control
Cuba
What You Need To Know About The U.S.
Embargo
An overview of the Cuban Assets Control
Regulations
Title 31 Part 515 of the U.S. Code
of Federal Regulations
07-26-99
Page 2
CUBA
- RELATED TRAVEL TRANSACTIONS
Only persons whose travel
falls into the categories discussed below are authorized to spend money
related to travel to, from, or within Cuba. Persons licensed to engage
in travel-related transactions in Cuba may spend up to the State Department
Travel Per Diem Allowance for Havana, Cuba (currently $183 per day) for
purchases directly related to travel in Cuba, such as hotel
accommodations, meals, local
transportation, and goods personally used by the traveler in Cuba (travelers
can check the current
per diem rate on the
Internet). Link opens
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Most licensed travelers may also spend additional money for transactions
directly related to the activities for which they received their license.
For example, journalists traveling in Cuba under the journalism general
license (described below) may spend money over and above the current per
diem for extensive local transportation, the hiring of cable layers, and
other costs that are directly related to covering a story in Cuba. Licensed
travelers may also spend an additional $100 on the purchase of Cuban merchandise
to be brought back with them to the United States as accompanied baggage,
but this $100 authorization may be used only once in any 6-month period.
Purchases of services unrelated to travel or a licensed activity, such
as non-emergency medical services, are prohibited. The purchase of publications
and other informational materials is not restricted.
General
license:
The following categories
of travelers are permitted to spend money for Cuban travel and to engage
in other transactions directly incident to the purpose of their travel
under a general license without the need to obtain special permission from
the U.S. Treasury Department:
Official
Government Travelers -U.S. and
foreign government officials, including representatives of international
organizations of which the United States is a member, who are traveling
on official business.
Persons regularly
employed as journalists by a news reporting
organization and persons
regularly employed as supporting broadcast
or
technical personnel who travel to Cuba to engage in journalistic
activities.
Persons who are traveling
to visit close relatives in Cuba in circumstances
of humanitarian
need. This authorization is valid without a specific license
from the Office of Foreign Assets Control only once every twelve months.
Persons traveling under this general license may not spend money on transactions
that will cause them to exceed the current per diem allowance.
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 that 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 biotechnological products.
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.
Specific
licenses for educational institutions:
Specific licenses authorizing
travel transactions related to certain educational activities by any students
or employees affiliated with a licensed academic institution may be issued
by the Office of Foreign Assets Control. Such licenses are only available
to U.S. academic institutions accredited by an appropriate national or
regional accrediting association, and such licenses must be renewed after
a period of two years. 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 as part
of a course offered at a licensed college or
university. 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 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) the institution’s license number, 2) that the student is currently
enrolled in an undergraduate or graduate degree program at the institution,
and 3) that the Cuban study will be accepted for credit toward that degree.
Persons
regularly employed in a teaching capacity at a licensed college or university
who plan to teach part or all of an academic program at a Cuban academic
institution. 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.
Secondary
school students participating in educational exchanges
sponsored by Cuban or U.S.
secondary schools and involving the students’ participation in a formal
course of study or in a structured educational program offered by a secondary
school or other academic institution and led by a teacher or other secondary
school official. A reasonable number of adult chaperones may accompany
the students to Cuba. A secondary school group planning to engage in such
transactions in Cuba must carry a letter from the licensed secondary school
sponsoring the trip stating 1) the school’s license number, and 2)the list
of names of all persons traveling with the group.
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.
Specific
licenses for religious organizations:
Specific licenses authorizing
travel transactions related to religious activities by any individuals
or groups affiliated with a religious organization may be issued
by the Office of Foreign Assets Control. Such licenses are only available
to religious organizations located in the United States, and such licenses
must be renewed after a period of two years. Once a religious organization
has applied for and received such a specific license, travelers affiliated
with that religious organization are authorized to engage in travel-related
transactions incident to a full-time program of religious activities in
Cuba under the auspices of the licensed religious organization without
seeking further authorization from the Office of Foreign Assets Control.
Individuals planning to engage
in such transactions must carry a letter from the licensed religious organization
stating 1) the organization’s license number, 2) that they are affiliated
with the licensed organization, and 3) that they are traveling to Cuba
to engage in religious activities under the auspices of the licensed 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
Travel - (1) persons, and persons traveling with them who
share a common dwelling
with them, traveling to Cuba more than once in a twelve-month period to
visit close relatives in cases involving humanitarian need; (2) persons
traveling to Cuba to accompany licensed humanitarian donations (other than
gift parcels) or exempt donations of food; (3) persons traveling in connection
with activities of recognized human rights organizations investigating
specific human rights violations; and (4) 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
for travel under (3) and (4) above.
Free-Lance
Journalism - Persons with a suitable record of publication who
are traveling to Cuba to do research for a free-lance 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.
Educational
Activities - Persons traveling to engage in educational activities
that are not authorized pursuant to an academic institution’s specific
license, including educational exchanges not involving academic study pursuant
to a degree program when those exchanges take place under the auspices
of an organization that sponsors and organizes such programs to promote
people-to-people contact.
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, Clinics, Workshops, Athletic and Other
Competitions,
and Exhibitions - Persons traveling to participate in a public
performance, clinic, workshop, athletic or other competition (that does
not meet the requirements of the general license described above), 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 promoting people-to-people
contacts or otherwise benefitting the Cuban people.
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:
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 Steven
Pinter, Chief of Licensing, Office of Foreign Assets Control, U.S. Department
of the Treasury, 1500 Pennsylvania Ave., NW, Washington, DC 20220.
Academic institutions wishing
to obtain one of the two-year specific licenses
described above should send
a letter to the same address requesting such
a license and establishing
that the institution is accredited by an appropriate
national or regional accrediting
association. Religious organizations wishing to obtain one of the two-year
specific licenses described above should send a letter to the same address
requesting such a license and setting forth examples or religious activities
to be undertaken in Cuba.
../3
End
of abstract
For additional information about these
programs or
about the Cuban sanctions program,
please contact the:
OFFICE
OF FOREIGN ASSETS CONTROL
(Link
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U.S. Department of the Treasury
Washington, D.C. & Miami, Florida
202-622-2520 / 305-810-5140
Updated August
20, 2000
Copyright ©2000 USA
CUBA TRAVEL
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