Cuba + US Citizens = Legal issues

[Quero]

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A ScubaBoard Staff Message...

This discussion has been split from a thread about transportation on Cozumel island originally posted in the Cozumel forum.

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[cvchief]

Sorry, but there's really no defense.

Well, now I doubt you are a lawyer. I never heard a lawyer say that before.:shocked2: I like it though. We need more lawyers like that.:cool2:

You make going to Cuba seem like a patriotic responsibility and you take me to the cleaners. If I get the ACLU to cover the cost, don't you think you can make a good fair use argument? At least a 5-4 argument? Of course a little pro bono wouldn't kill you....

Failing that, we push it all onto the first posted. That was clearly where the damage was done. I am more a victim......

 

[DandyDon]

I got a chuckle from a part of this story: Cuba's motorcycle culture roaring back to life - CNN

One family of American tourists said they had changed their travel plans to come from Mexico to Cuba for a few days after learning about the event.

Sounds like no big deal. I wonder if they have any problems getting back into the US...?!

 

[cvchief]

I got a chuckle from a part of this story: Cuba's motorcycle culture roaring back to life - CNN

Sounds like no big deal. I wonder if they have any problems getting back into the US...?!

My understanding is you go and they stamp a piece of paper and stick it in your passport. You remove it before returning to the states, so there is no record or stamp in your passport. Of course the flights aren't direct....

Apparently a lot of expats in MX do it....

 

[Mossman]

Well, now I doubt you are a lawyer. I never heard a lawyer say that before.:shocked2: I like it though. We need more lawyers like that.:cool2:

You make going to Cuba seem like a patriotic responsibility and you take me to the cleaners. If I get the ACLU to cover the cost, don't you think you can make a good fair use argument? At least a 5-4 argument? Of course a little pro bono wouldn't kill you....

Failing that, we push it all onto the first posted. That was clearly where the damage was done. I am more a victim......

Just because there's not a defense doesn't mean I can't charge money to try to defend you. Maybe you can start a fund for donations?

Or you could move to Cuba. No one will sue you there. I've heard they always have a need for gendarmes there. You could be one of the guys that goes after boat people.

My understanding is you go and they stamp a piece of paper and stick it in your passport. You remove it before returning to the states, so there is no record or stamp in your passport. Of course the flights aren't direct....

Yeah, my [cough] understanding is the same. The Cubans have no problem bypassing your passport with a wink and a smile. It's only when you leave the country that they glare at you and scrutinize your passport to make sure you're really an American and not some crafty Cuban posing as one. What was really weird is that we had to have passports when we dove out of Havana Bay. For some reason, they won't even let you on a boat unless you can prove you're not Cuban.

No direct flights from the U.S. unless you have permission, but it's easy to go through Canuckia. Just act like you're Canadian (say "eh" a lot and talk about hockey) and no one will know the difference. Where they nabbed me was on the customs declaration form. The lawyer in me just couldn't lie on the part where you have to mention what countries you visited, especially since you have to sign the declaration under penalty of perjury and lawyers that perjure are lawyers no longer (see Clinton et al.). So I boldly wrote "Cuba" and took my punishment, while all the liars in our group that just wrote Canada sailed through without a hitch. So much for honesty!

 

[dmeeve]

while all the liars in our group that just wrote Canada sailed through without a hitch

They didn't lie, they just had a different interpretation of the question. "Oh, did you want me to list ALL the countries? Oops"

 

[DandyDon]

I guess bring back identifying souvenirs, pics, Cuban pesos would be a red flag. Not even DAN can help you if you are injured there.

I boldly wrote "Cuba" and took my punishment

Which was...??

 

[Mossman]

I guess bring back identifying souvenirs, pics, Cuban pesos would be a red flag. Not even DAN can help you if you are injured there.

No need for DAN, they have a wonderful medical system in Cuba. Even Michael Moore brings people there for treatment.

Which was...??

Secondary inspection, for starters. They certainly wanted to find identifying souvenirs, pics, Cuban pesos, or other red flags. Not on me. As clean as a whistle. So they lectured me instead. Then they seized my passport, and subsequently gave it back to me. And I still made my flight back to LAX on time.

That should have been the end of the matter, as there was an endless backlog of OFAC cases to prosecute and no judge to hear the cases. Then George W. Bush, in his infinite wisdom, decided to start prosecuting the cases with two judges in DC pulled off of hearing mining cases. I got a nasty letter from OFAC about a year after my trip. Only venue to challenge the case was in DC, so I "settled" by writing Bush a check for $2,000. I hope he used it to buy some good cigars. Fact is, the trip was so cheap in the first place, that the $2,000 extra just turned it into a mid-priced trip. I'd do it again in a heartbeat, but I think the price goes up for a second "offense" so I'll wait until it's legit or until I can convince cvchief to take me as his tour guide and cover all my expenses.

 

[dolesorchard]

I have been told by several people who have been to Cuba that it is not illegal to travel to Cuba, but you are not allowed to spend US currency there. These people booked their trips through Mexico and spent the money there, not in Cuba. I also heard a piece on NPR several years ago stating that there are at least 3000 US citizens in Cuba on any given day and that the restriction on spending US money there is the only restriction. I have considered going several times but it just hasn't worked out yet.

 

[DandyDon]

I have been told by several people who have been to Cuba that it is not illegal to travel to Cuba, but you are not allowed to spend US currency there. These people booked their trips through Mexico and spent the money there, not in Cuba. I also heard a piece on NPR several years ago stating that there are at least 3000 US citizens in Cuba on any given day and that the restriction on spending US money there is the only restriction. I have considered going several times but it just hasn't worked out yet.

You can hear anything. From Cuba

ENTRY / EXIT REQUIREMENTS, TRAVEL TRANSACTION LIMITATIONS: The Cuban Assets Control Regulations are enforced by the U.S. Department of the Treasury and affect all U.S. citizens and permanent residents wherever they are located, all people and organizations physically located 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 in order to engage in any travel-related transactions pursuant 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 enforce these regulations at U.S. airports and pre-clearance facilities in third countries. Travelers who fail to comply with Department of the Treasury regulations could face civil penalties and criminal prosecution upon return to the United States. Although Cuba issues visas upon arrival to American citizens, all travelers to Cuba, including religious workers, should have the appropriate type of visa and, if required, specific authorization from Cuban authorities. Cuba has announced that as of May 2010 it will start requiring visitors to have non-U.S. medical insurance, and will sell a temporary policy to those who do not have it. Questions about this insurance requirement should be directed to the Cuban Interests Section. Some HIV/AIDS entry restrictions exist for visitors to and foreign residents of Cuba. Cuban authorities do not demand HIV tests of travelers to Cuba , with the exception of foreign students on scholarships. The Cuban authorities accept the results of HIV tests conducted by labs in the United States. Please verify this information with the Cuban Interests Section in Washington before traveling.
For the latest information on U.S. regulations governing travel to Cuba and to view the most accurate and updated travel restrictions information, please see the Department of Treasury's OFAC website.