Programs: Science and Policy
http://shr.aaas.org//rtt/policy.htm
AAAS Scientific Responsibility, Human Rights and Law Program
The Right to Travel
US and Cuba Travel Policies
- Introduction
- Overview of Travel Regulations
- General Licenses
- Specific Licenses
- Fully-Hosted Travel
- Where can I find the Regulations?
- Per diem rate
- Direct Flights
PLEASE NOTE: Information contained on this website is current as of July 2002. Travel regulations may have changed. Readers are encouraged to contact the Office of Foreign Assets Control directly for the most current regulations.
Main | About the Clearinghouse | US and Cuba Travel Policies | News | Frequently Asked Questions
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Restrictions on travel to Cuba are authorized by the Trading with the Enemy Act of 1917, which grants the power to prohibit financial transactions in time of war. Citing national security concerns, the U.S. government imposed an economic embargo on Cuba in 1961. In July 1963, the U.S. Treasury Department released the Cuban Assets Control Regulations, which codify the essential elements of the economic embargo against Cuba. Such elements include a freeze of all Cuban-owned assets in the U.S., a prohibition on all non-licensed financial and commercial transactions between Cuba and the United States and between Cuban and U.S. nationals. The financial prohibition includes the spending of money by U.S. citizens for travel to Cuba, which essentially creates a travel ban on the island for all non-licensed U.S. citizens.
The embargo regulations have been eased and tightened several times over its forty year history. In 1977, the Carter Administration removed all restrictions on travel to Cuba. However, the Reagan Administration reinstated an even stricter travel ban in 1982 and travel restrictions on most U.S. citizens traveling to Cuba continues to this day.
Two other legislative actions are also worth noting. In October 1992, President George Bush signed the Cuban Democracy Act (CDA). The CDA was a major effort to further isolate the region during a critical economic downturn after the fall of the Soviet Union (a period referred to in Cuba as the "special period"). The Act prohibited foreign-based subsidiaries of U.S. companies from trading with Cuba. The CDA is important in relation to the travel ban because it grants the Treasury Department for the first time the authority to level civil fines up to $50,000 on individuals who violate the embargo.
The second event occurred in March 1996, when the Cuba Liberty and Democratic Solidarity Act (also called the "Helms-Burton Act" after the bill's sponsors) become law. The law was passed shortly after Cuba shot down two small planes flown by the U.S.-based Cuban exile group, Brothers to the Rescue. The Helms-Burton Act was designed to further impede economic recovery under Fidel Castro's government by increasing the pressure on foreign investors on the island. During the special period, Cuba opened the island to foreign investment, especially in the tourist industry. One of the most controversial measures in the Helms-Burton Act is Title III, which allows foreign companies to be taken to US courts if they are found to be doing business on nationalized property formerly held by US citizens. The Act requires the U.S. President to either waive or enforce this provision every six months. To this day, both Presidents Clinton and Bush have exercised the waiver and the provision has not been put into effect. The next scheduled waiver will be in January 2002.
The Helms-Burton Act also affects travel restrictions by codifying the existing Cuban Asset Control Regulations. Travel restrictions are normally imposed by Executive authority. The Act changed this by requiring that any changes to the regulations would now require an act of Congress.
The AAAS Right to Travel Project
In 1998, AAAS published a report entitled "The Right to Travel: The Effect of Travel Restrictions on Scientific Collaboration Between American and Cuban Scientists." The report provides a useful overview of U.S. policy on travel to Cuba, including U.S. restrictions on U.S. scientists and on Cuban scientists, and Cuban travel policy, including Cuban restrictions on Cuban scientists. The report details restriction on travel to Cuba resulting from the Helms-Burton Act and their effect on the conduct of science between the two nations. The regulations at that time required that all scientists and academics apply for a specific license from the Office of Foreign Assets Control (OFAC).
Since the publication of the report, U.S. policy has changed. On 5 January 1999, President Clinton announced that the U.S. was taking additional steps to expand the flow of humanitarian assistance to Cuba. Among the initiatives the President announced were an expansion of people-to-people contact through two-way exchanges among academics and scientists and streamlining the approval process for their visits. As a result, most scientists and researchers now fall under the general license category, which means they are legally authorized to engage in travel-related transactions and do not need to apply for an OFAC license.
In May 1999, the Treasury Department issued updated regulations in accordance
with President Clinton's announcement that made traveling to Cuba easier for
those previously eligible for licenses, such as scientists and researchers,
and opened up a few new categories for legal travel. On 26 July 2001, the Treasury
Department issued the newest regulations. These most recent regulations leave
many of the provisions allowing freedom of travel for scientists and researchers
largely untouched. The provisions of the regulations that are most relevant
to scientists and researchers are explained below.
Overview of Travel Regulations
The following is a summary of the relevant sections of the Office of Foreign Assets Control's Cuban rules and regulations.
What are "Travel-Related Transactions"?
Travel-related transactions include transportation to and from Cuba and living expenses in Cuba, which includes, but is not limited to, lodging, transportation and meals. Travel-related transactions also include purchases made in Cuba and brought back into the U.S. as accompanied baggage (not to exceed $100 per person and only once every six consecutive months).
What role does OFAC have in dealing with the Cuban Sanctions?
The Department of Treasury's Office of Foreign Assets Control (OFAC) is responsible
for administering the sanctions imposed by the U.S. government against the government
of Cuba (the Cuban Assets Control Regulations). It is important to note that
U.S. citizens are technically able to travel to Cuba, but the Regulations prohibit
unlicensed U.S. citizens from spending money (in any currency) on the island.
OFAC issues licenses that permit certain U.S. citizens and residents to legally
spend money in Cuba, essentially allowing them to travel to Cuba.
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The following categories of travel are authorized under an OFAC General License to engage in travel-related transactions. General Licenses do not need to be applied for prior to a trip. If you fall under the General License category, you may affirm that you qualify for travel to Cuba, and no specific piece of paper needs to be requested.
Professional Research and Professional Meetings
Under a General License, full-time professionals who travel to Cuba to conduct professional research are authorized to engage in travel-related transactions. The same applies to full-time professionals traveling to Cuba to attend professional meetings or conferences (provided that the meeting is not intended for the promotion of tourism in Cuba or fostering the production of biotechnological products). Scientists and academicians who want to go to Cuba to conduct research or to attend meetings or conferences are able to legally travel to Cuba under the General License. For example, a scientist who wishes to attend a conference about energy or agricultural practices in Cuba -even if the topic is not particular to Cuba but the conference happens to take place in that country- is legally authorized to travel to Cuba and to engage in travel-related transactions.
If you are uncertain about whether or not you fall under the General License category, you may contact the Center for Constitutional Rights in New York (Phone: 212-614-6464; Fax: 212-614-6499; Email: ccr@igc.apc.org), for free legal advice on travel regulations. If you do not fall under the General License category, you may still be eligible for travel to Cuba under a Specific License (see Specific License section).
Officials of the U.S. Government, Foreign Governments and Certain Intergovernmental Organizations
Officials of the U.S. government, any foreign government, or any intergovernmental organization of which the U.S. is a member and who are traveling on the official business of their government or organization are authorized to engage in travel-related and other transactions directly incident to activities in their official capacities.
Persons regularly employed as journalists are authorized to engage in travel-related
and other transactions directly incident to journalistic activities in Cuba
under a General License. Free-lance journalists still need a Specific License,
but these licenses may authorize transactions for multiple trips over an extended
period of time.
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Although most scientists and academics traveling to Cuba to conduct research or attend meetings will be authorized under a General License, OFAC also issues Specific Licenses for certain categories of travel. The main difference between General and Specific Licenses is that with a Specific License an individual or an organization must contact OFAC before traveling to Cuba and go through an approval process. OFAC will consider each application on a case-by-case basis. The disadvantage with Specific Licenses involves the standard of review used by OFAC in evaluating the license request. What might seem like a perfectly valid request may be rejected by OFAC. The one clear advantage of a Specific License is for institutions because the license is valid for one or two years and allows multiple trips by its employees.
All institutions interested in traveling to Cuba should be encouraged to apply for a Specific License to ensure its employees the right to travel to Cuba and reaffirm the institution's commitment to fostering international exchange and dialogue.
The following categories of travel will be considered on a case-by-case basis for authorization under an OFAC Specific License to engage in travel transactions in Cuba.
A long-term Specific License may be issued to an accredited U.S. academic institution authorizing the institution, its students and employees, to engage in travel-related transactions. The Specific License may be renewed after a period of two years.
Activities that may be licensed include:
- Participation in a structured educational program by undergraduate and graduate students (e.g. a study abroad program).
- Noncommercial academic research provided that research in Cuba is accepted for credit at an accredited university.
- Participation in a formal course of study at a Cuban academic institution for undergraduate and graduate students provided that the formal study would be accepted for credit toward the degree.
- Teaching at a Cuban academic institution by persons employed in a teaching capacity at the U.S. institution, as well as sponsoring Cuban scholars to teach or engage in other scholarly activity in the U.S., including the payment of a stipend or salary to the sponsored scholars.
- Educational exchanges sponsored by Cuban or U.S. secondary schools involving students' participation in a formal course or educational program, including participation by a reasonable number of chaperones.
- Travel to Cuba to organize or prepare for any of the activities described above.
Professors and students should be encouraged to request that his or her school apply for such a license from the Treasury Department.
Specific Licenses may be issued on a case-by-case basis to authorize travel-related and other transactions directly incident to educational exchanges that are not pursuant to a degree program if under the auspices of an organization that sponsors and organizes such programs to promote people-to-people contact.
Organizations that promote people-to-people exchange should be encouraged to apply for such a license from the Treasury Department.
Private foundations, research, and educational institutes
Travel-related and other transactions by private foundations, research, or educational institutes, with an established interest in international relations for activities to collect information for noncommercial purposes are authorized. Specific Licenses for multiple trips to Cuba for these purposes may also be issued. Again, most researchers are allowed to travel under the General License and thus do not need to apply for a Specific License. However, a few categories of research are not covered under the general license. The field of biotechnology is an example. While some activities related to biotechnology research, such as basic research, are allowed, any research and activities in Cuba that could be used by the Cuban government to foster the production of biotechnological products are not. Scientists and researchers interested in traveling to Cuba to conduct work on biotechnology should contact OFAC or the State Department to describe your work in detail and determine whether you must apply for a Specific License.
Foundations, research and educational institutes should be encouraged to apply
for such a license from the Treasury Department.
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In addition to General and Specific Licenses, there is a third category of
legal travel to Cuba called Fully-hosted Travel. This is a provision that is
very complicated and subject to many conditions. If you have been invited as
the guest of a Cuban institution or someone in a third country (who is not subject
to U.S. jurisdiction), and that individual pays all of your Cuba-related expenses,
you are a "fully-hosted" traveler. Fully-hosted travelers do not need to contact
OFAC or apply for a license prior to travel. However, the Regulations do not
allow fully-hosted travelers to fly on Cubana Airlines, Cuba's national airlines.
Fully-hosted travelers are also restricted from traveling on any direct flight
between the United States and Cuba. A fully-hosted traveler may not bring back
to the United States any Cuban origin goods, except for information materials
such as books or CDs. A fully-hosted traveler may be asked by OFAC to provide
detailed documentation that proves that the traveler did not pay for any aspect
of the trip, including food, lodging, or ground transportation. OFAC may also
request documentation from the sponsor or host of the trip that confirms that
the travel was fully hosted.
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Where can I find the Regulations?
Although the Regulations can be very difficult to understand as they are filled with technical legal terms, it is important to understand them because if caught engaging in unlicensed travel, you could face heavy fines and possible criminal penalties. There are many provisions of the Regulations that allow scientists and academics to legally engage in travel to Cuba. The goal of this site is to help the scientific community understand the Regulations so that they can legally exercise their right to travel to Cuba.
To access the Regulations directly:
The Cuban Assets Control Regulations, 31 C.F.R. Part 515 (Title 31 of the Code
of Federal Regulations, Part 515), can be accessed on the Internet at http://www.access.gpo.gov/nara/cfr/index.html
OFAC publishes two factsheets: "What You Need To Know About The U.S. Embargo"
and "Travel Restrictions" These can be located at http://www.treas.gov/ofac
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The State Department establishes a travel per diem allowance for travel-related expenses (hotel accommodations, meals, local transportation) for U.S. citizens and residents traveling under a general or Specific License from the Treasury Department. To check the current per diem rate click on http://www.state.gov/www/perdiems/index.html
Previously, direct passenger flights were only available to Havana from Miami. On 5 January 1999, President Clinton announced his decision to expand direct passenger charter flights to Cuba. For licensed travel, departures from Los Angeles and New York have been authorized, as have direct flights to Cuban cities outside of Havana. An authorized travel service provider can provide you with the current schedule of charter flights. If you are licensed to travel to Cuba, it is also legal to fly to Cuba via a third country.
Many people find the direct flights to be more of a hassle than flying through a third country. Only a couple of flights are offered each day. Only a few charter companies conduct direct flights and each company has particular days that they offer service. You must use the same charter company going to and returning from Cuba. If you plan to travel on the same day of the week on both flights, for example you plan to travel to Cuba on a Saturday and return to the U.S. the following Saturday, it will be easy to use the same company. However, if you plan your departure day and return day on different days of the week, for example you plan to travel to Cuba on Monday and return to the U.S. on Thursday, you might find that the charter flight that you must use on your return trip does not offer service on this day.
The charter flights also require you to be at the airport to check in for your flight four to five hours before the scheduled departure. Many of the flights are scheduled for 8 a.m., which means you must arrive at the airport at 3 a.m. to check in for your flight.
For more information on US policy on travel to and from Cuba, you can visit
the Cuba web site at the Department
of State and the Department of Treasury's Office
of Foreign Assets Control (OFAC).
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PLEASE NOTE: Information contained on this website is current as of July 2002. Travel regulations to changes. Readers are encouraged to contact the Office of Foreign Assets Control directly for the most current regulations.
Main | About the Clearinghouse | US and Cuba Travel Policies | News | Frequently Asked Questions
