The details on traveling to Cuba

A few U.S. readers have requested a note on travel, beyond stories of the recent policy developments that essentially affect only Cuban Americans. I’ve been asked: can I go? Will I get in trouble? In response: I’m not here to give advice on circumventing U.S. laws, but I can give you the facts.

As the law stands, U.S. citizens and others under U.S. jurisdiction (green card holders) are not prevented from traveling to Cuba. But with few exceptions—journalists, diplomats, those on government business, a few others in narrow categories, and now individuals with family on the island—they are barred by law (by the U.S. trade embargo, in fact) from spending money in Cuba, which effectively makes traveling there illegal. After all, it would be difficult to show upon returning to the United States that no money was spent while on the island, and it is inadvisable to misrepresent that fact and perjure oneself.

One can (and indeed, many do) actually get to Cuba quite easily, by traveling through another country, say, Mexico or Canada. Meanwhile, Cuban law states that when requested by a U.S. traveler, customs officers should oblige and not stamp the traveler’s passport. But upon returning to the United States by air after traveling abroad, each traveler must complete a card listing the countries visited. Prior to the Bush administration, travelers typically indicated “Cuba,” stated that they had no Cuban goods, and went comfortably through customs. During the Bush years it was more likely to cause problems with customs officers, and the penalties for breaking the law, detailed by the U.S. Office of Foreign Assets Control, are intimidating: “Criminal penalties for violating the sanctions range up to 10 years in prison, $1,000,000 in corporate fines, and $250,000 in individual fines.”

Of course, it is extremely cost-ineffective for the United States to enforce this law and so it is not, in fact, enforced much at all. Very few fines have been imposed upon individual travelers in the long history of the embargo.

Expectant travelers to Cuba, see here for tips on how to remain within the bounds of U.S. citizens’ legal rights. See also John McAuliff’s very helpful comment on this post.