U.S. CATEGORIES OF LEGAL TRAVEL TO CUBA

UNDER A GENERAL LICENSE

The Cuban Assets Control Regulations (the “CACR”) prohibits a person subject to U.S. jurisdiction (“U.S. person”) from engaging in travel-related transactions to Cuba, unless such person qualifies for a general license or holds a specific (written) license issued by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”).  The CACR also prohibits a U.S. person from engaging in direct financial transactions with any Cuban Restricted Entity, unless OFAC otherwise licenses these transactions.  OFAC has included a statement in each travel general license indicating whether the “direct transaction prohibition” applies and prohibits the U.S. person from staying or eating meals at a restricted hotel, purchasing items from a restricted store, or making other travel arrangements through a restricted travel supplier.

The general licenses are listed below.  Each U.S. person (a potential traveler) must review the general licenses very carefully to determine whether he/she qualifies to travel to Cuba.  To qualify for a general license, each U.S. person – whether traveling alone or in a group – must satisfy all stated conditions.

TRAVEL GENERAL LICENSES

The following persons may travel to Cuba:

  1. Visiting Close Relatives (Section 515.561(a)): U.S. persons, and persons traveling with them who share a common dwelling as a family, who are:
  2. Visiting close relatives who are Cuban nationals;
  3. Visiting close relatives who are ordinarily resident in Cuba;
  4. Visiting close relatives located in Cuba; or
  5. Accompanying close relatives (who are subject to U.S. jurisdiction) traveling to Cuba under one of the following general licenses:
  6. Section 515.562 (authorizing travel for official government business);
  7. Section 515.563 (authorizing travel to engage in journalistic activity);

iii.         Section 515.564(a) (authorizing travel to conduct professional research or to attend professional meetings);

  1. Section 515.565(a)(1)(i)-(iv) and (vi) (authorizing travel to engage in specified educational activities);
  2. Section 515.566 (authorizing travel to engage in religious activities);
  3. Section 515.575 (authorizing travel to engage in humanitarian projects); or

vii.        Section 515.576 (authorizing travel by private foundations or research or educational institutes).

[Note:   The term “close relative” is a person related by blood, marriage or adoption, who is no more than three generations from the U.S. persons or their common ancestors.

  1. Official Government Business (Section 515.562): Persons who are:
  2. Employees, contractors or grantees of the U.S. government, foreign governments, or intergovernmental organizations of which the United States is a member or holds observer status; and
  3. Traveling on official business of their government or intergovernmental organization.
  1. Journalistic Activities (Section 515.563(a)): U.S. persons:
  2. Who are:
  3. Regularly employed as journalists by a news reporting organization;
  4. Regularly employed as supporting broadcast and technical persons;

iii.         Freelance journalists with a record of previous journalistic experience working on a freelance journalistic project; or

  1. Broadcast or technical persons with a previous record of broadcast or technical experience who are supporting freelance journalists meeting the requirements in 3(c) above, and
  2. Who are engaging in a full-time schedule of activities that does not include free time or recreation “in excess of that which is consistent with a full-time schedule.”
  1. Professional Research and Professional Meetings:
  2. Professional Research (Section 515.564(a)(1)): U.S. Persons who are traveling to conduct professional research, provided that:
  3. The purpose of the research directly relates to their profession, professional background, or area of expertise (including graduate level full-time study); and
  4. Such persons will engage in a full-time schedule of activities that does not include free time or recreation “in excess of that which is consistent with a full-time schedule.”
  5. Professional Meetings (Section 515.564(a)(2)): U.S. Persons who are traveling to attend or organize professional meetings and conferences in Cuba, provided:
  6. For persons attending a professional meeting or conference, the purpose of the meeting or conference must directly relate to their profession, professional background, or area of expertise (including graduate level full-time study);

iii.         For persons organizing a professional meeting or conference, the traveler’s profession must be related to the organization of professional meetings or conferences or the traveler must be an employee or contractor of the entity organizing the professional meeting or conference; and

  1. Such persons will engage in a full-time schedule of activities that does not include free time or recreation “in excess of that which is consistent with a full-time schedule.”
  1. Educational Activities and People-to-People Exchanges:
  2. Educational Activities (Section 515.565(a)(1)): Accredited U.S. undergraduate or graduate degree-granting academic institutions (“U.S. academic institutions”), students enrolled in undergraduate or graduate degree programs at such institutions, and full-time permanent employees of such institutions, who are:
  3. Participating in a structured educational program as part of a course offered at the U.S. academic institution, provided: (a) the program includes a full term and is not shorter than ten weeks of study; and (b) the individual obtains a letter from the U.S. academic institution stating:

(1)        He is a student currently enrolled at, or a full-time permanent employee of, the institution and

(2)        Travel is for a structured educational program of the U.S. academic institution and will be no shorter than ten weeks in duration;

  1. Conducting non-commercial academic research in Cuba specifically related to Cuba and for purposes of obtaining a graduate degree, provided he/she obtains a letter from the U.S. academic institution stating:

(1)        He/She is a student currently enrolled in a graduate degree program at the institution and

(2)        The research will be accepted for credit toward the graduate degree;

iii.         Participating in a formal course of study at a Cuban academic institution, provided:  (a) the course will be accepted for credit toward the student’s graduate or undergraduate degree, (b) the course of study will be no shorter than ten weeks in duration, and (c) the student obtains a letter from the U.S. institution stating:

(1)        He/She is an undergraduate or graduate student currently enrolled at the institution,

(2)        The study will be accepted for credit toward his/her degree, and

(3)        The study will be no shorter than ten weeks in duration;

  1. Teaching at a Cuban academic institution by an individual who is regularly employed in a teaching capacity at the U.S. institution, provided: (a) the teaching activities are related to an academic program at the Cuban institution, (b) the duration of the teaching will be no shorter than ten weeks, and (c) the individual obtains a letter from the U.S. institution stating that he is a full-time permanent employee who is regularly employed in a teaching capacity the U.S. institution;
  2. Sponsoring a Cuban scholar to teach or engage in other scholarly activities at the U.S. academic institution; or
  3. Organizing and preparing the activities in (i) through (v) above by a full-time permanent employee of the U.S. academic institution, provided he obtains letter from the institution stating he is a full-time permanent employee at the institution.
  4. Educational Activities (Section 515.565(a)(2)): U.S. persons (including faculty, staff, and students) who are:
  5. Traveling under the auspices of a U.S. organization;
  6. Accompanied in Cuba by a U.S. person who is an employee, paid consultant, agent or other representative of the sponsoring organization, and

iii.         Engaging in one of the following activities:

(1)        Participation in a structured educational program in Cuba as part of a course offered for credit by a U.S. graduate or undergraduate degree-granting academic institution that is sponsoring the program;

(2)        Non-commercial academic research in Cuba specifically related to Cuba and for purposes of obtaining a graduate or undergraduate degree;

(3)        Participation in a formal course of study at a Cuban academic institution, provided credit will be accepted toward the graduate or undergraduate degree;

(4)        Teaching at a Cuban academic institution related to a program at the Cuban academic institution, provided the person is regularly employed by a U.S. or other non-Cuban academic institution;

(5)        Sponsorship of a Cuban scholar to teach or engage in other scholarly activities at the U.S. academic institution;

(6)        Participation by secondary students and a reasonable number of adult chaperones in educational exchanges, provided the exchanges are sponsored by Cuban or U.S. secondary schools, (b) the exchanges involve a formal course of study or a structured educational program, and (c) a teacher or other secondary school official leads the program;

(7)        Sponsorship of non-commercial academic seminars, conferences, symposia, and workshops related to Cuba or global issues involving Cuba, and attending such events by faculty, staff, and students of the participating U.S. academic institution;

(8)        Establishment of academic exchanges and joint non-commercial academic research projects with universities or academic institutions in Cuba;

(9)        Provision of standardized testing services, including professional certificate examinations, university entrance examinations, and language examinations and related preparatory services for such exams, to Cuban nationals (wherever located);

(10)       Provision of internet-based courses, including distance learning and Massive Open Online Courses, to Cuban nationals (wherever located), provided the course content is at the undergraduate level or below;

(11)       Organization and preparation of activities described in (1) through (10) above by an employee, paid consultant, agent, or other representative of the U.S. sponsoring organization; or

(12)       Facilitation by a U.S. organization or a staff member of licensed educational activities in Cuba on behalf of U.S. academic institutions or secondary schools, provided the U.S. organization (a) is directly affiliated with one or more U.S. academic institutions or secondary schools, and (b) facilitates educational activities in paragraphs (5)(a)(1)-(iii) and (5)(b)(iii)(1)-(3) and (6) above.

[NOTE:     When the traveler is an employee, paid consultant, agent or other representative of the U.S. sponsoring organization, he does not need to be accompanied to Cuba, provided he/she obtains a letter from the sponsoring organization stating that:  (a) he/she is traveling as an employee paid consultant, agent or other representative of the sponsoring organization, (b) he/she is acting for or on behalf of the sponsoring organization, and (c) the travel is related to his role at the sponsoring organization.  If the traveler is a representative of the sponsoring organization, the letter also must state his responsibilities.]

  1. People-to-People Exchanges (Section 515.565(b)): U.S. persons (including sponsoring organizations and individuals) who are participating in educational exchanges not involving academic study pursuant to a degree program; provided:
  2. The exchanges take place under the auspices of an organization that is subject to U.S. jurisdiction and sponsors such exchanges to promote people-to-people contact;
  3. Travel must be for purposes of engaging, while in Cuba, in a full-time schedule of activities that enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from the Cuban authorities;

iii.         Each traveler must have a full-time schedule of educational activities that result in meaningful interaction with the Cuban people;

  1. A U.S. person – who is an employee, paid consultant, agent, or other representative of the sponsoring organization – must accompany each group traveling to Cuba for purposes of ensuring that each traveler has a full-time schedule of educational exchange activities;
  2. The predominant portion of the activities is not with a prohibited official of the Cuban Government or a prohibited member of the Communist Party (as defined in the CACR); and
  3. The organization and travelers must maintain records sufficient to demonstrate that each traveler has engaged in a full-time schedule of activities that satisfies requirements (i) through (v).
  1. U.S. Religious Organizations (Section 515.566(a)): U.S. persons (including U.S. organizations and their members and staff) who are traveling to Cuba to engage in a full-time schedule of religious activities.
  1. Public Performances, Clinics, Workshops, Athletic and Other Competitions and Exhibitions:
  2. Amateur or Semi-Professional International Sports Federation Competitions (Section 515.567(a)): U.S. amateur or semi-professional athletes and athletic teams who are participating in or organizing athletic competitions, provided that:
  3. The athletic competition is held under the auspices of an international sports federation of the relevant sport;
  4. The U.S. federation of the relevant sport selects the U.S. participants in the competition; and

iii.         The competition is open for attendance and, in relevant situations, for participation by Cuban nationals.

  1. Public Performances, Clinics, Workshops, Athletic and Non-Athletic Competitions, and Exhibitions (Section 515.567(b)): U.S. persons participating in or organizing public performances, clinics, workshops, athletic competitions (not covered in (7)(a) above), and exhibitions, provided the event is open for attendance and, in relevant situations, for participation by Cuban nationals.
  1. Support for the Cuban People (Section 515.574): U.S. persons who are supporting the Cuban people, provided that:
  2. The activities are of:
  3. Recognized human rights organizations;
  4. Independent organizations designed to promote a rapid and peaceful transition to democracy; or

iii.         Individuals or nongovernmental organizations that promote independent activity to strengthen civil society in Cuba;

  1. Each traveler engages in a full-time schedule of activities that:
  2. Enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities; and
  3. Result in meaningful interaction with the Cuban people; and
  4. Each traveler’s schedule of activities does not include free time or recreation in excess of that consistent with a full-time schedule.
  1. Humanitarian Projects (Section 515.575): U.S. persons who are developing and participating in humanitarian projects, such as medical and health related projects, construction projects intended to benefit legitimately independent groups; disaster preparedness, relief and response; historic preservation; environmental projects; formal or non-formal educational training projects (within Cuba or off-island) on the following topics: entrepreneurship and business, civil education, journalism, advocacy and organizing, adult literacy, or vocational skills; community-based grassroots projects, small scale private enterprise projects, agricultural and rural development projects, certain microfinancing projects (except for loans, extensions of credit and other financing prohibited in Section 515.208 of the CACR), and projects to meet basic human needs, provided that such persons engage in a full-time schedule of activities that does not include free time or recreation “in excess of that which is consistent with a full-time schedule.”
  1. Private Foundations or Research or Educational Institutes (Section 515.576): U.S. private foundations or nonprofit organizations or research or educational institutes with an established interest in international relations who are collecting non-commercial information relating to Cuba, provided that the travelers will engage in a full-time schedule of activities that does not include free time or recreation “in excess of that which is consistent with a full-time schedule.”
  1. Exportation/Importation of Informational Materials:
  2. Exempt Informational Materials (Section 515.545(b)(1)): U.S. persons who are  engaging in activities directly related to the exportation to, importation from, and transmission to and from Cuba of exempt information and informational materials, provided that such persons will engage in a full-time schedule of activities that does not include free time or recreation “in excess of that which is consistent with a full-time schedule.”
  3. b. Professional Media and Artistic Productions (Section 515.545(b)(2)): S. persons who are engaging in activities directly incident to professional media or artistic productions of information or informational materials for exportation to, importation from, or transmission to and from Cuba, including filming and producing media programs (such as movies and television programs), recording music, and creating artworks in Cuba, provided that such persons:
  4. Are regularly employed, or have demonstrated professional experience, in a field related to such professional media or artistic productions; and
  5. Engage in a full-time schedule of activities that does not include free time or recreation “in excess of that which is consistent with a full-time schedule.
  1. Exportation of BIS Authorized or Licensed Goods:
  2. Authorized or Licensed Goods (Section 515.533(c)(1)): U.S. persons who are  engaging in activities directly related to market research, commercial marketing, sales or contract negotiation, accompanied delivery, installation, leasing, or servicing in Cuba of items that BIS has authorized or licensed, provided that such persons engage in a full-time schedule of activities that does not include free time or recreation “in excess of that which is consistent with a full-time schedule.”
  3. Aircraft or Vessels on Temporary Sojourn (Section 515.533(c)(2)): U.S. persons – including personnel who are required for normal operation and services on board the aircraft or vessel or who are required to provide services to aircraft on the ground or the vessel in the port – engaging in activities directly incident to facilitating the temporary sojourn of aircraft and vessels to Cuba, as authorized licensed by BIS, provided:
  4. The aircraft or vessel is transporting other individuals (not just the personnel) whose travel between the U.S. and Cuba is authorized under the CACR; and
  5. The travel transactions are limited to the duration and scope of their duties for the particular authorized temporary sojourn.
  6. Medicines and Medical Supplies (Section 515.559(d)): U.S. persons who are engaging in activities directly related to market research, marketing, commercial sales negotiation, delivery, or servicing of medicines and medical supplies that BIS has authorized or licensed, provided that such persons engage in a full-time schedule of activities that does not include free time or recreation “in excess of that which is consistent with a full-time schedule.”

U.S. air carriers and U.S. travel agencies may assist with travel arrangements after each U.S. person has certified that one of the above general licenses authorizes his/her travel.  If a U.S. person does not qualify for any one of the travel general licenses identified above, he must apply for and obtain a specific (written) license from OFAC.  Carriers and travel agencies will request a copy of the specific license or the specific license number.

Each Licensed Traveler must retain all records relating to the trip for a period of five years.  These records include but are not limited to copies of written certifications, required letters, airline tickets, hotel and ground confirmations, flight itineraries, invoices, receipts, and payment records.  This recordkeeping requirement is in addition to any other documentation that may be required in a travel general license (such as the people-to-people travel general license).

If a traveler has any questions regarding the license requirements, he/she may visit OFAC’s website (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/cuba.aspx) or contact OFAC’s Miami office at (786) 845-2828. 

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