New Regulations on Travel to Cuba:

On May 6, 2004, President Bush announced new, stringent regulations on travel to Cuba, based on the Commission for Assistance to a Free Cuba report of May 1. (Click here for the full Commission report). On June 16, the Office of Foreign Assets Control issued the new regulations, effective 12:01 am June 30th.

General License

As of June 16, 2004, the following categories of travelers only are permitted to travel under the OFAC General License:

• 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 (traveling 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 professional 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 hat regularly sponsors such meetings or conferences in other countries. The organization, institution, or association sponsoring the meeting or conference may not be headquartered in the United States unless it has been specifically licensed to sponsor the meeting. 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. See below for information on applying for a specific license to attend other professional meetings or conferences in Cuba.

Specific License

All other categories of travel now fall under Specific License and licenses must be applied for and obtained from the Office of Foreign Assets Control in order to travel to Cuba within the regulations.

Family Visits

Family members are no longer permitted by OFAC to visit Cuba once a year or under General License. The new regulations require a specific license once per 3 years, define who is considered “family”, permit a visit of only 2 weeks:

OFAC may 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 preexisting 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 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. A "member of the immediate family" is defined as a spouse, child, grandchild, parent, grandparent, or sibling of the [traveler] or that [traveler’s] spouse, as well as any spouse, widow or widower of any of the foregoing.

Persons traveling to Cuba to visit immediate family members pursuant to a specific license may spend no more than $50 per day on non-transportation-related expenses in Cuba, and up to an additional $50 per trip to pay for transportation-related expenses in Cuba.

Application for family visit is available from the Common Ground Office or on this website under “Forms” and should be sent to Office of Foreign Assets Control, U.S. Dept of the Treasury, PO Box 229008, Miami, FL 33122-9008.

Educational Licenses

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 the Office of Foreign Assets Control:

Undergraduate students

Undergraduate 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 the following:

• the institution’s license number
• that the student is enrolled in an undergraduate degree program at the institution
• that the travel is part of an educational program of the institution.

Undergraduate students participating in a formal course of study lasting at least 10 weeks at a Cuban academic institution, provided 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 the following:

• that the individual is a student currently enrolled in an undergraduate or graduate degree program, or a full time permanent employee at the institution
• that the Cuba-related travel is part of a structured educational program of that institution that will last at least 10 weeks
• the institution's license number.

Graduate students

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 degree program at the institution, and 3) that the travel is part of an educational program of the 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 the following:

• the institution’s license number
• that the student is enrolled in a graduate degree program at the institution
• that the Cuba research will be accepted for credit toward that graduate degree.

Graduate students participating in a formal course of study lasting at least 10 weeks at a Cuban academic institution, provided 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 the following:

• that the individual is a student currently enrolled in an undergraduate or graduate degree program, or a full time permanent employee at the institution
• that the Cuba-related travel is part of a structured educational program of that institution that will last at least 10 weeks
• the institution's license number.

Faculty & Employees

Persons regularly employed in a teaching capacity at a licensed U.S. undergraduate or graduate institution who plan to teach partor 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 the following:

• the institution’s license number
• that the individual is regularly employed by the licensed institution in a teaching capacity.

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 the following:

• the institution’s license number
• that the individual is regularly employed there.

Cuban Scholars

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.

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. Individuals traveling to Cuba for religious activities may also apply to OFAC for a license when that of a religious organization does not apply or is not considered to apply by OFAC.

Humanitarian Organizations

Humanitarian Projects and Support for the Cuban people

• Persons traveling in connection with activities that are intended to provide support for the Cuban people, such as activities of recognized human rights organizations
• 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 Journalists

Persons with a suitable record of publication who are traveling to Cuba to do research for a freelance 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.

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 specific license described below), 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 benefitting the Cuban people.

International Sports Events

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 public.

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.

Application for Specific License

Except in the case of family visits, OFAC directs applicants for license to send a letter specifying the details of the proposed travel, including any accompanying documentation, to the Licensing Division, Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Avenue, NW, Washington, DC 20220.

Baggage Limits

OFAC now limits all licensed travelers to 44 pounds of luggage per person unless the traveler has received a special license from OFAC or the Department of Commerce (Bureau of Industry and Security).

What You Can Spend in Cuba

Visitors to family members are permitted by OFAC to spend just $50 per trip on transportation related expenses and $50 per day on all other expenses. Visitors under the other General License and Specific License categories are permitted by OFAC to spend up to the U.S. government per diem per day on in-Cuba travel-related expenses (currently $167). They are also permitted to spend additional money for transactions directly related to the activities for which they received their license. The example given by OFAC is that of journalists traveling in Cuba under the journalism general license who may spend money additional money for extensive local transportation, the hiring of cable layers, and other costs that are directly related to covering a story in Cuba. Purchases of services unrelated to travel or a licensed activity, such as non-emergency medical services, are prohibited.

What You Can Bring Back

Travelers can no longer bring back up to $100 in gifts, souvenirs, rum or cigars as previously. Educational materials, including books, films, tapes and CDs, as well as fine art, continue to be exempt from regulation due to successful litigation some years ago and can be purchased in Cuba and brought in on return in unlimited quantities.

Further reading: (These links are PDF documents and will open in a
new window)

OFAC notice

OFAC rules and regulations