American travelers - you are welcome on our tours in Cuba!

NEWS UPDATE ON TRAVEL TO CUBA FOR U.S CITIZEN: On Friday 14 January 2011, the White House greatly expanded Cuba travel for Americans to include academic, research, religious and people-to-people visits.

Basically there are 2 approaches:

Read the sections below for details.

Sections

Is it legal for U.S citizens to travel to Cuba?

In summary, it is illegal for U.S citizens and residents to travel to Cuba without special permission, however many U.S citizens and residents do travel to Cuba every year as tourists, without being detected or fined.

Recent years have seen about 150,000 Americans travelling to Cuba annually, with about two-thirds of them getting OFAC's permission, so that means about 50,000 go illegally. Below we suggest how you can go about obtaining a licence to travel to Cuba legally and also, if you decide to visit Cuba illegally, what precautions you can take to not get caught.

Strictly speaking, it is not illegal for US residents to travel to Cuba - an absolute ban was declared unconstitutional in 1963. Freedom of travel was enshrined in the US Constitution which unnumbered Americans fought and died for, over two centuries ago, and have gallantly defended ever since. Presidential authority is limited to preventing US residents from spending money in Cuba. Naturally, as a traveler you require accommodations, food and other necessities — as such, anti-Cuba regulations equate to a ban on travel for US residents (such is the method by which the Executive Office ubverts the US Constitution).

A website with comprehensive information on this subject is www.aaas.org.

Getting a General license for travel to Cuba

A "GENERAL LICENSE" requires no application, no permission, and no prior approval from Washington to travel to Cuba. The US traveller simply prepares documentation showing that they visited Cuba within the spirit and intent of the regulations. The general license is a "do-it-yourself" license. It is free, no fees are involved.

Persons who qualify: Professionals, cultural workers, musicians, artists, volunteers, and retired persons whose avocation engages them on a regular basis.

Overview and requirements

  • The traveller is regularly employed or engaged in professional capacity
  • Travel is noncommercial and academic in nature
  • Time in Cuba comprises a full research schedule
  • Your research findings have a substantial likelihood of public dissemination
  • You prepare the "license" documentation yourself
  • You take "license" documentation to Cuba with you only to present to US immigration officials upon return home and ONLY if asked to do so

Write your own license

  • 1. write out a Travel Affidavit
  • 2. Write a Research Letter describing your research project
  • 3. Get a letter from your employer, agency, organization, or other documentation that shows you are engaged in a professional capacity. You can include a résumé or curriculum vitae (CV).
  • 4. Register for a tour and the tour itinerary can become the final component of your General Research License documentation.

ITEMS 1, 2, 3 and 4 together comprise your General Research License package. This is your license.

For a full list of travel rules for US citizens, check out the State Department website at travel.state.gov. 

Back to top

What is the OFAC?

The Office of Foreign Assets Control is a part of the U.S Treasury Department. This is the agency from which you would apply to get a license to visit Cuba legally. The following is from their website:

"The OFAC administers and enforces economic and trade sanctions against targeted foreign countries, terrorism sponsoring organizations and international narcotics traffickers based on U.S. foreign policy and national security goals. OFAC acts under Presidential wartime and national emergency powers, as well as authority granted by specific legislation, to impose controls on transactions and freeze foreign assets under U.S. jurisdiction. Many of the sanctions are based on United Nations and other international mandates, are multilateral in scope, and involve close cooperation with allied governments."

Back to top

Tips on travel to Cuba without a license

Here is how people generally get around the laws, and the precautions they take to minimize the risk of being caught:

When unlicensed travelers go to Cuba from the US they normally have to go through a third country. You will frequently see this referred to as the “Gateway”. The most common gateways to Cuba for unlicensed US travellers are Toronto, Montreal, Nassau, Cancun and Mexico City, and less frequently used Santo Domingo and Montego Bay.

Mexico, and in particular Cancun, appears to be the gateway that offers the least risk of detection. This is because:

  • Unlike Canada and the Bahamas, a traveler leaving from Mexico does not pre-clear US Customs and Immigration. You will not clear Customs/Immigration until you arrive back in the US. In Canada and the Bahamas you will go through US Customs and Immigration at the airport in Toronto, Montreal or Nassau.
  • Cancun is the most popular destination for US tourists in the Caribbean. There is absolutely no reason why US Customs/Immigration would suspect you have been anywhere else but Cancun.
  • It may be possible that you can still enter Mexico and re-enter the US using only a certified copy of your birth certificate and a government issued photo id, such as a driver's license (BC/DL) In other words you would not have to show US Immigration your passport upon re-entry to the US. Up until recently, half or more of US tourists who traveled to Cancun used this alternate form of identification as their travel documents.

You should take the following steps in travelling back/forth:

  1. Enter Mexico from the US using your BC/DL. Mexico does not stamp passports on exit, although you will need a passport to enter Cuba.
  2. Cuban Immigration does not stamp the passport, so do not worry about a Cuban stamp.
  3. When you arrive back in Mexico from Cuba you will have to present your passport. The entry stamp that is placed there should be the only stamp you receive on your trip. Some people recommend presenting the passport with a $10 bill inside to avoid the Mexican entry stamp. However, now there are posted signs in the Immigration Department discouraging such practices. Either way, the best thing to do is smile, say something nice then ask them in Spanish to please not stamp your passport. “Es posible, no poner el sello en mi pasaporte?” should do fine. This is still no guarantee that they won't however. If you use the BC/DL to re-enter the US this step is unnecessary.
  4. After you arrive in Mexico make sure you strip all HAV luggage tags from your checked baggage.
  5. Throw away your Cuban tickets, boarding passes and any other paper evidence of your Cuban trip.
  6. Do not list Cuba as a Country visited on the Customs Declaration form.
  7. Do not bring back any high profile Cuban souveniers - cigars, rum, t-shirts, etc. If they do find these items in your luggage you can always say you bought them in Cancun (as they do sell them there too).
  8. Use your BC/DL when you clear Immigration in your arrival city.

If you can't bring yourself to lie to the US immigration officials that you have been to Cuba, you may still be ok. If you tell them the truth, they may just wave you on through as many immigration officials don't agree with the US travel ban to Cuba and/or can't be bothered with the paper work.

A further precaution that can be taken is that if you buy your airtickets to Cuba with a credit card, get the travel agent to not specify the destination (eg 'air ticket' rather than 'air-ticket to Havana').


Back to top

Legal stuff!

The reality is few US citizens are penalised for going to Cuba - it is hard to prove if you have no documentation.

Upon re-entry to the United States, there are a number of questions you are required to answer such as: What is your name? What is your address? What is your occupation? Was the purpose of your trip business or pleasure? Which countries have you been to? and for how long? How much money are you carrying? Do you have anything to declare? What do you have in your luggage or on your person? If you are EVER asked more than these normal questions, the USA Center for Constitutional Rights and the National Lawyers Guild advises you to state:  "I have been advised by my counsel to not answer any further questions and to refrain from any additional comment.  Any further inquiries should be directed to my counsel"

A "WALL OF LAWYERS" has been established to help those being hassled or having received threatening letters or fines.

  • National Lawyers Guild (Art Heitzer) 414-273-1040 Ex 12, FAX 414-273-4859, aheitzer@igc.org The Center for Constitutional Rights (Michael Ratner), 212-614-6464, FAX 212-614-6499, 666 Broadway, New York, NY 10012, Email ccr@igc.apc.org

Amnesty International has a standing offer of legal representation to anyone that wants to legally challenge any punitive action that the Treasury Department might want to take.  They have also said that they will declare the next American to be jailed for traveling to Cuba to be "a prisoner of conscience". It is a good idea to keep this information handy for easy reference during your re-entry customs interview if you do actually happen to have any problems. Though it would be very unlikely that you do!

Back to top

Flights and Ports of entry into Cuba

There are several ports of entry to Cuba. At the moment we can only arrange flights from Cancun. If coming from the USA, this is usually the best place to fly to Cuba from. We can organise this flight for you (including the Visa for Cuba). Click here for more details.

Other ports of entry include: Jamaica, all major airports in Canada, Dominican Republic , Costa Rica and Panama. See our Flights to Cuba page for more.

For ports other than Cancun you can try booking directly through the airlines' websites, or you can use an online agency such as Cubajet to book your flights into Cuba. Cubajet will not bill you with the name 'Cuba' in the receipt on your credit card, your bill will state: www.ctnres.com).

 

Back to top

Obtaining a visa or 'Tourist Card' for travel to Cuba

Tourists from all nationalities need visas to travel to Cuba. You will be issued with a 'Tourist Card' that is not attached to your passport in any way, your passport is not stamped, and therefore there is no evidence in your passport that you have travelled to Cuba.

Obtaining the Visa may depend on the airline and your port of entry.  With airlines such as Mexicana, Copa, Cubana, Lasca, Air Canada, and some others, the tourist card can usually be obtained upon check-in at the airport for approximately $20 USD. Otherwise the tourist card may be included in the price of your ticket - contact your airline about this.  Usually the tourist card is provided to you blank and you simply need to fill in the details. This includes the name hotel in which you will stay in Cuba. We suggest for passengers travelling on our tours to simply list the 'joining hotel'.

There is a Cuban Consulate for Visas in Barbados for passengers entering Cuba via this port.

There is a 25CUC departure tax you'll have to pay when you leave Cuba.

Back to top

Travel Insurance for US citizens in Cuba

To join one of our tours, you are required to be covered by Travel Medical Insurance while in Cuba. We can arrange this for you. Click here to see details.

Alternatively the insurance company World Nomads will cover US citizens travelling worldwide.


Back to top

Accessing your money in Cuba

You'll need to plan carefully how you will fund your purchases during your time in Cuba, as a credit card from a US bank will not work. US cash or travellers cheques are hit with an extra 10% fee. The best way is to use a visa card from a non US bank, from which you can make cash advances while in Cuba. Next to that would be taking cash and travellers cheques in the following currencies... Euros, British Pounds, Canadian dollars. For more info see Money and Currency.

Paying for your Cuban Tour

We accept payments to our bank account in Australia which has the company name - Big Planet Adventures. We will not put the word Cuba anywhere in your creditcard or bank statement.


Back to top

Further Reading

The following books are written by Americans who have travelled to Cuba, and contain well written sections about legal issues and practicalities.

  • Cuba Information Manual: The Definitive Guide to Legal and Illegal Travel to Cuba - Michael Bellows 2009.
  • Bicycling Cuba: Fifty Days of Detailed Rides from Havana to Pinar Del Rio and the Oriente - Wally and Barbara Smith - 2007.