The U.S. Deptartment of State's Official Cuba Policy
http://travel.state.gov/travel/cis_pa_tw/cis/cis_1097.html
(excerpt)
January 08, 2007
COUNTRY DESCRIPTION: Cuba is a totalitarian police state, which relies on repressive methods to maintain control. These methods, including intense physical and electronic surveillance of Cubans, are also extended to foreign travelers. Americans visiting Cuba should be aware that any encounter with a Cuban could be subject to surreptitious scrutiny by the Castro regime's secret police, the General Directorate for State Security (DGSE). Also, any interactions with average Cubans, regardless how well intentioned the American is, can subject that Cuban to harassment and/or detention, and other forms of repressive actions, by state security elements. The regime is strongly anti-American yet desperate for U.S. dollars to prop itself up. The United States does not have full diplomatic relations with Cuba, but provides consular and other services through the U.S. Interests Section in Havana. The U.S. Interests Section operates under the legal protection of the Swiss government but is not co-located with the Swiss Embassy. Read the Department of State Background Notes on Cuba for additional information.
ENTRY/EXIT REQUIREMENTS/TRAVEL TRANSACTION LIMITATIONS: The Cuban Assets Control Regulations are enforced by the U.S. Treasury Department and affect all U.S. citizens and permanent residents wherever they are located, all people and organizations physically in the United States, and all branches and subsidiaries of U.S. organizations throughout the world. The Regulations require that persons subject to U.S. jurisdiction be licensed to engage in any travel-related transactions related to travel to, from, and within Cuba. Transactions related to tourist travel are not licensable. This restriction includes tourist travel to Cuba from or through a third country such as Mexico or Canada. U.S. law enforcement authorities have increased enforcement of these regulations at U.S. airports and pre-clearance facilities in third countries. Travelers who fail to comply with Department of Treasury regulations will face civil penalties and criminal prosecution upon return to the United States.
Licenses are granted to the following categories of travelers and they 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’s Office of Foreign Assets Control (OFAC):
- 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 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 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. An organization, institution, or association headquartered in the United States may not sponsor such a meeting or conference unless it has been specifically licensed to sponsor it. 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 to Visit Immediate Family Members in Cuba
OFAC will 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 pre-existing 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 is 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.
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 OFAC:
- 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 that 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 that 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.
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 OFAC, 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 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.
- 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 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 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 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.