Cuban Embargo
There's probably
no question we're asked more often than "How can I bring
Cuban cigars into the country?" Well, more than likely,
you can't. But to help clarify what the embargo means to
the average American, we've excerpted the following Q&A
provided by the U.S. Treasury Department. These policies
stem from the original Cuban Assets Control Regulations
issued by the U.S. government on July 8, 1963, under the
authority of the Trading with the Enemy Act.
# Note: The following questions and answers have been
reproduced verbatim from a document issued by the office
of R. Richard Newcomb, director of the Office of Foreign
Assets Control.
Who may travel to Cuba?
Generally, Americans are not permitted to spend money on
travel to Cuba. But there are exceptions to that rule.
For example, journalists regularly employed by a U.S.
news organization, government representatives on
official business, members of international
organizations (of which the United States is a member)
on official business, and persons traveling once a year
to visit close relatives in circumstances of extreme
humanitarian need may travel under general license. That
is to say, these travelers need not apply for an actual
piece of paper--a specific license--when they travel.
Athletes, academics, religious leaders and persons
hoping to travel to Cuba for a particular reason must
apply to OFAC for a specific license for each trip.
Those wishing to make more than one humanitarian trip to
relatives per year also must apply for a specific
license for each trip. Rules governing general licenses
and the issuance of specific licenses apply to
everyone--regardless of citizenship--wishing to travel
from the United States to Cuba. Applications for
specific licenses are reviewed by OFAC on a case-by-case
basis.
How can I travel to Cuba legally?
Since the shoot down of two U.S. civilian aircraft
[Editor's Note: in February 1996], President Clinton has
ordered a tightening of the Cuba embargo. Commercial
charter passenger flights operating directly between the
U.S. and Cuba have been suspended. But qualified
travelers can still go to Cuba legally, provided that
their flights are routed through third countries.
Are remittances to Cuba still legal?
The only purpose for which remittances may be sent to
Cuba without a license is to pay for emigration fees up
to $1,000. Before these funds can be transmitted,
however, the emigrant's full name and date of birth
along with the date and number of the emigration visa
must be presented to the bank or service provider in the
form of an affidavit. A specific OFAC license is
required if a person in the United States wants to send
money to a family member in Cuba in extreme humanitarian
need. If a license is granted, it must be presented to a
service provider or bank, either of which can then
transmit funds to the recipient in Cuba. All other
remittances to Cuba are prohibited.
Can business with Cuba be done without violating U.S.
law?
There are very few lawful business opportunities for
U.S. persons with Cuba. The Cuban Democracy Act of 1992
authorizes telecommunications services, but only to an
international gateway. No U.S. person can work on
improving domestic phone service in Cuba. The export of
informational materials including publications, films,
posters, phonograph records, microfilm, microfiche,
tapes, compact discs, CD ROMs, artwork and newswire,
feed is not subject to embargo prohibitions. Commercial
sales of such informational materials are permitted, but
entering into a production contract for those materials
is not. The sale of medicine, medical technology and
supplies by U.S. businesses to Cuba is permitted under
very strict licensing procedures administered by the
Commerce Department. Travel services for licensed
travelers and forwarding services for licensed
remittances are regulated by OFAC. Such service business
must receive specific licenses and satisfy strict
reporting and recordkeeping (sic) requirements. Except
for those limited business opportunities, no
Cuba-related business activities are permitted for U.S.
persons.
Can U.S. businessmen and women travel to Cuba to "look
around?"
Travel transactions for tourist or unauthorized business
purposes are prohibited. If someone not subject to U.S.
jurisdiction pays all your expenses in Cuba you are
deemed "fully hosted" and can travel to Cuba. But if you
provide any service or enter into any binding contract
with Cuba, you will lose your fully hosted (sic) status
and be subject to criminal prosecution or a civil
penalty up to $50,000.
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