Law Offices of
Daniel J Brazil, P.A.

Travel to Cuba and Gaining Admissibility

With the recent lifts in limitations by the Obama Administration, many Minnesotans are increasingly interested in travel to Cuba for business or leisurely activities. The new rules essentially change three aspects of U.S. policy toward Cuba: 1) “purposeful travel”; 2) remittances; and 3) airport travel licenses for flights to Cuba. The new rules allow any U.S. international airport to offer licensed charter flights to Cuba, which in the past were only allowed from Miami, New York, and Los Angeles.

Under the Trade Sanctions Reform and Export Enhancement Act (TSRA), an American can travel to Cuba if qualified under on of the following categories:

• Visits to immediate family
• Official business of U.S. and foreign governments and intergovernmental organizations
• Journalistic activity
• Professional research and meetings
• Educational activities
• Religious activities
• Public Performances, athletic and other competitions, and exhibitions
• Support for the Cuban people
• Humanitarian projects
• Private foundations or research or educational institutes
• The exportation, importation, or transmission of information or informational materials
• Certain export transactions that may be considered for authorization under existing Department of Commerce regulations and guidelines with respect to Cuba or engaged in by U.S. owned or controlled foreign firms

The process of gaining admissibility to Cuba can be both complicated and time consuming. There are several licenses and permits that need to be approved and acquired long before a person can travel. At the Law Offices of Daniel J. Brazil, P.A. we are here to help you determine how you may qualify to travel to Cuba and facilitate every step of the license application process.

General and Specific Licenses

Travelers to Cuba can either travel under a “general license” or a “specific license.” Currently, qualified travelers going to Cuba for family travel, official business, certain professional research activities or to conduct licensed agricultural sales transactions may qualify for a general license, allowing them to travel without explicit written permission. All other travelers are forbidden to travel to Cuba without first obtaining a “specific license” from the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), which covers a specific trip or certain activities.

The first provision of the new regulations eased restrictions of certain travel by implementing a general license for specific types travel to Cuba. This means that the traveler is permitted to travel to Cuba without prior permission from or notifications to the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC). Travelers that qualify for a general license include medical travel, religious travel, academic travel, people-to-people travel, humanitarian activities and journalistic travel. Travelers who do not qualify for a general license may be eligible for a specific OFAC license.

The second provision allowed authorization of a specific license. This license means that a traveler must have prior permission (and a copy of the actual license) from OFAC in order to travel legally to Cuba. OFAC considers the issuance of a specific license on a case-by-case basis. A specific license may be granted in certain limited instances accompanied by a written application with relevant supporting documentation. Some specific licenses may authorize multiple trips to Cuba over an extended period of time. Specific license contain the majority of U.S. citizens wanting to travel to Cuba. The Law Offices of Daniel J. Brazil are versed in the process of applying and acquiring a specific license for travel to Cuba.

It is also highly recommended to apply for a Temporary Sojourn License Application from the U.S. Commerce Department in order to obtain permission to use a commercial or personal vessel for transportation to and from the island. Aircrafts and vessels that desire to travel for a temporary stay to Cuba will be considered on a case-by-case basis. Boaters departing from the U.S. must obtain a permit in advance from the U.S. Coast Guard. U.S. boaters who enter Cuban waters may encounter several problems because of dangerous water conditions. This is why it is extremely important to obtain a certified and experienced charter boat or plane when traveling to Cuba. Applicants looking to obtain a license in order to export an aircraft will need to follow the restrictive guidelines in order to be approved to travel by craft to Cuba. Generally speaking, licenses for aircrafts not engaged in regularly scheduled commercial passenger/cargo service will be granted only in limited circumstances. The Bureau of Industry and Security (BIS) will grant licensed applications to export a vessel.

Thus, a traveler must hold a BIS license, an OFAC specific/general license and approval of a temporary sojourn license authorizing the export of an aircraft. All of these are not assured.

There application process is both tedious and complex and there is a necessity for simultaneous filings of applications with the Commerce and Treasury Department. Travelers who fail to comply with Department of Treasury regulations could face civil penalties and criminal prosecution upon return to the United States. Although Cuba issues visas upon arrival to American citizens, all travelers to Cuba, including religious workers, need to have the appropriate type of visa and specific authorization from Cuban authorities. Permits generally authorize a maximum of four trips to Cuba and are valid for one year from the date of issuance. Generally speaking, temporary sojourn licenses will not be granted unless the vessel is solely registered to transport goods and is engaged in the regular transport of bulk commodities. Exceptions will be granted only in circumstances consistent with foreign policy interests of the U.S.

Our office will work with you in obtaining all of the necessary information that must be provided by the applicant for the designated general or specific license, as well as assist in gathering any evidence that will accompany the applications. At our offices, we will be on regular communication with the U.S. Government branches involved, as well as possible communications with attorneys and liaisons in Cuba to facilitate the flow of information related to our client’s applications. Should you require assistance with final travel arrangements after receipt of final approval of your license, we will attempt to accommodate you or your group with such arrangements, including notification of the U.S. Coast Guard of your intended travel, and other port authorities, and related activities.

Contact Us for a Free Consultation

To further discuss your specific immigration situation, call 612-284-4285 or contact us by e-mail. We are happy to help clients and offer a free initial consultation at our Minneapolis, Minnesota, office.