Entry/Exit Requirements for U.S. Citizens
The Cuban Assets Control Regulations are enforced by the U.S. Department of the Treasury and affect all U.S. citizens and permanent residents wherever they are located, all people and organizations physically located in the United States, and all branches and subsidiaries of U.S. organizations throughout the world. The regulations require that persons subject to U.S. jurisdiction be licensed in order to engage in any travel-related transactions pursuant to travel to, from, and within Cuba, or that the transactions in question be exempt from licensing requirements. Transactions related to tourist travel are not licensable. This restriction includes tourist travel to Cuba from or through a third country such as Mexico or Canada. U.S. law enforcement authorities enforce these regulations at U.S. airports and pre-clearance facilities in third countries. Travelers who fail to comply with Department of the Treasury regulations could face civil penalties and criminal prosecution upon return to the United States.
Although Cuba may issue visas upon arrival to U.S. citizens, all travelers to Cuba, including religious workers, should contact the Cuban Interests Section in Washington to have the appropriate type of visa ahead of time and, if required, specific authorization from Cuban authorities. Cuba requires visitors to have non-U.S. medical insurance, and sells a temporary policy to those who do not have it. Questions about this insurance requirement should be directed to the Cuban Interests Section. Some HIV/AIDS entry restrictions exist for visitors to and foreign residents of Cuba. Cuban authorities do not demand HIV tests of travelers to Cuba, with the exception of foreign students on scholarships. The Cuban authorities accept the results of HIV tests conducted by labs in the United States.
General licenses are available for certain categories of travel. General licenses constitute authorization for those transactions set forth in the relevant provision of the Cuban Assets Control Regulations. No further permission from the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is required to engage in transactions covered by a general license.
Specific licenses are also available for certain categories of travel. OFAC will consider the issuance of specific licenses on a case-by-case basis to permit travel-related transactions where the proposed activity is not covered by a general license but is addressed by one of the statements of licensing policy listed in section 31 C.F.R. part 515.560(a) and set forth in a related section of the Regulations. A specific license applicant must wait for OFAC to issue the license prior to engaging in travel-related transactions.
For further information on travel to Cuba under a general or a specific license, consult the OFAC publication Comprehensive Guidelines for License Applications to Engage in Travel-Related Transactions Involving Cuba. You should also visit OFAC’s Cuba Sanctions website.
The United States maintains a broad embargo against trading with Cuba, and most commercial imports from Cuba are prohibited by law. Most exports are also prohibited, unless licensed by the Department of Commerce or subject to a Department of Commerce license exception. Sales of items in certain sectors, including medicine, medical devices and supplies, and agricultural commodities, have been approved for export by specific legislation. The Department of the Treasury may issue licenses on a case-by-case basis authorizing Cuba travel-related transactions directly incident to marketing, sales negotiation, accompanied delivery, and servicing of exports and re-exports that appear consistent with the licensing policy of the Department of Commerce.
Additional information may be obtained by contacting:
Office of Foreign Assets Control
U.S. Department of the Treasury
1500 Pennsylvania Avenue NW
Washington, DC 20220
Telephone (202) 622-2480; 1-800-540-6322
Fax (202) 622-1657
Cuban Requirements for Authorized Travelers
Should a traveler receive a license, a valid passport is required for entry into Cuba. The Cuban government also requires that the traveler obtain a visa prior to arrival. Attempts to enter or exit Cuba illegally, or to aid the irregular exit of Cuban nationals or other persons, are contrary to Cuban law and are punishable by stiff jail terms. Entering Cuban territory, territorial waters or airspace (generally within 12 nautical miles of the Cuban coast) without prior authorization from the Cuban government may result in arrest or other enforcement action by Cuban authorities. Immigration violators are subject to prison terms ranging from four years for illegal entry or exit to as many as 30 years for aggravated cases of alien smuggling.
Civilian Aircraft Travel
The Cuban Air Force shot down two U.S.-registered civilian aircraft in international airspace in 1996. As a result of this action, the President of the United States and the Federal Aviation Administration (FAA) issued an “Emergency Cease and Desist Order and Statement of Policy,” which allows for vigorous enforcement action against U.S.-registered aircraft that violate Cuban airspace.
For current information on Cuban entry and customs requirements, travelers should contact:
Cuban Interests Section (an office of the Cuban government)
2630 16th Street NW
Washington, DC 20009
Telephone (202) 797-8518/8520
Fax (202) 797-8521
Consular Section (part of the Cuban Interests Section)
2639 16th Street NW
Washington, DC 20009
Telephone (202) 797-8609/8610/8615
Fax (202) 986-7283
Temporary Sojourn License
Exports of aircraft or vessels on temporary sojourn to Cuba will be considered on a case-by-case basis by the U.S. Department of Commerce. Temporary sojourn licenses are not available for pleasure boaters. Additional information is available at the Bureau of Industry and Security website. Vessels of the United States, as defined in 33 CFR §107.200, may not enter Cuban territorial waters without advance permission from the U.S. Coast Guard. The U.S. Coast Guard provides permission information at (305) 415-6920.