II. U.S. Policy on Travel to Cuba

Restrictions on travel to Cuba fall under the United States travel embargo. They also have been affected by other legislation on Cuba passed by the U.S. Congress. Travel restrictions imposed under the trade embargo may include restrictions on:

1. travel-related transactions (e.g., the spending of any kind of currency on food, transportation, hotel accommodations, or items for personal use by a traveler) both outside and within a target country;
2. transportation-related transactions (e.g., the sale of airline tickets in the U.S. for travel to a target country; or the transport of people of any nationality by U.S. aircraft or vessels to the target country);
3. entry of aircraft or vessels into the U.S. that come from, or will visit, a target country; and
4. all business-related expenditures (e.g., the spending of funds on goods and services not used personally by travelers; or financial transfers connected to a business transaction).24

The travel ban on Cuba is authorized by the Trading with the Enemy Act of 1917, granting the President the power to prohibit financial transactions in time of war. In the late 1970s, President Jimmy Carter restored the right of U.S. citizens to travel to Cuba.

In 1982, however, President Reagan invoked the trade embargo statute to impose currency restrictions on travel to Cuba. This action prohibited all travel to Cuba except by journalists, professional researchers, and persons visiting close relatives, or where Cuba hosted the travel.25

In 1993, restrictions were slightly lessened under the Cuban Democracy Act. The following year, the Free Trade in Ideas Act26 was enacted as part of the State Department Authorization Act, which contained a non-binding resolution that the President should not restrict travel for educational or other similar purposes between the U.S. and any other country.27 Instead, in 1994, the Clinton Administration further tightened travel restrictions to Cuba. General exemptions for professional research were replaced by individual licenses granted on a case-by-case basis.

The President’s authority under the Trading with the Enemy Act was subsequently delegated to the Secretary of the Treasury where it is regulated under the Treasury Department’s Office of Foreign Assets Control. Compliance is therefore monitored by Office of Foreign Assets Control staff, who review license applications by U.S. citizens or permanent residents and decide whether or not to grant exemptions to existing travel prohibitions. Violations of the Trading with the Enemy Act carry a penalty of up to $50,000.

In 1996, Cuba shot down two small planes flown by members of the Cuban exile group, Brothers to the Rescue. President Clinton subsequently cancelled all charter flights between Miami and Havana and announced stricter enforcement of travel restrictions on United States citizens.28 These restrictions were followed by the passage of the Cuban Liberty and Democratic Solidarity Act, commonly referred to as "Helms-Burton" or the "Libertad Act." Helms-Burton, aimed at tightening the U.S. embargo, denies entry into the United States to any alien (and that alien’s dependents) who has benefited from U.S. properties confiscated in Cuba, and it allows Cuban-Americans to sue foreign companies in U.S. courts over properties lost in Cuba before they became U.S. citizens.29 Although the bill does not explicitly address travel restrictions, it has had a fundamental impact on U.S.-Cuban relations by increasing the level of political hostility between the two countries.

It is still too early to assess the impact on scientists of legislation passed following Pope John Paul’s recent visit to Cuba. This legislation permitted the resumption of direct charter flights to the island and eased restrictions on travel for humanitarian purposes and for family visits. However, recent license and visa denials to scientists traveling to and from Cuba suggest that this legislation will have little impact on travel conducted for scientific purposes.

24. Treasury Department, Office of Foreign Assets Control, Cuba, Travel Restrictions (Washington, D.C. & Miami, Florida, May 1998).

25. Senate Committee, The Constitutional Right to International Travel, 15.

26. In 1993, Rep. Howard Berman introduced the "Free Trade in Ideas Act" to prohibit restrictions on the free exchange of ideas and the right to travel instituted under the Trading with the Enemy Act.

27. Kate Martin, foreword to The Right to Travel: An Essential Freedom for Scientists and Academics by Alastair T. Iles and Morton H. Sklar (AAAS, February 1996).

28. Wayne S. Smith, "The U.S.-Cuba Embroglio, Anatomy of a Crisis," International Policy Report (May 1996).

29. Ibid.