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Since 2007 hundreds of Americans have visited Cuba without a license while declaring they did so. Only a few have been charged with violation of prohibitions against Cuba travel. Visitors should give this option serious consideration. Under Obama's authority, his administration appears to be reluctant to act against "travelers of conscience," but remains vigilant against those caught withholding or providing false information.
This website is current at
. Information herein is provided as a courtesy and does not constitute legal advice, a legal opinion, or advocate violation of draconian US government travel restrictions imposed upon Americans. Cuba Education Tours cannot be held responsible for legal or financial consequences a reader may suffer as a result of unlicensed Cuba travel. Your feedback is welcomed.
 Cuban beaches really do look like this. |
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 In the end, the reason why the administration doesn't want any travel to Cuba is simple. It doesn't want the American people to understand, in the ten minutes after their arrival, that they have been fooled by their government about Cuban reality.  Philip Peters, former member of the State Department under Reagan and Bush (the elder), current vice president of the Lexington Institute |
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 Afrocuban dress, music, dance, art and food are ubiquitous and integral to island culture. |
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| FACTS |
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| Only a valid passport and a Cuban Tourist Card are needed to visit Cuba. |
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| The US prohibition against Cuba travel applies to all residents – temporary and permanent – and all citizens, even if they hold a passport from second country. Persons whose US residency status could be compromised by unlicensed Cuba travel should proceed with caution. |
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| Some full time professionals can travel to Cuba legally. See details. |
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| PASSPORT STAMPS |
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| As a matter of policy Cuban immigration officers don't stamp US passports. But it doesn't hurt to remind them. Speak or print your request in Spanish: Soy de los Estados Unidos. Por favor, no le pongan el sello a mi pasaporte. Gracias. Translation: "I am from the United States. Please do not stamp my passport. Thank you." |
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| When returning to Canada from Cuba, immigration officers, when asked, will not stamp your passport. |
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| When returning to Mexico from Cuba, especially via Cancún, the immigration officer is often tipped for not adding a second entry stamp in your passport. The worldly traveler has included a $50 bill in her passport prior to presenting it to the immigration officer. She most courteously requests, Yo estoy regresando de Cuba. Por favor, no le pongan el sello a mi pasaporte. Gracias. Translation: "I am returning from Cuba. Please do not stamp my passport. Thank you." If you do not speak Spanish, print the request in Spanish and put it in your passport with the tip. Note: Actions construed as bribery are crimes. |
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 There's a great band or musician on nearly every corner in Havana. |
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 Jungle waterfall in the province of Sanctí Spiritus in central Cuba. |
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 Cuban girls perform folk dance. |
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 Scuba diving in the reefs that surround the island. |
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 Young people in front of the Capitalio in Old Havana. One in ten automobiles date prior to 1959. |
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 The world's best tobacco is grown in the western rural province of Pinar del Río. |
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 A paradise for fans of hot Latin music and dance. |
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 Bananas to market. All produce in Havana is raised organically. Urban gardens supply 40% of fruits, herbs and vegetables consumed in the city. |
Cuban school kids horsing around during recess.
Introduction
EVERY YEAR 2.3 million people from countries around the world simply hop onto an airplane and travel freely to Cuba – unless they are residents or citizens of the USA. They are prohibited from doing so, with some exceptions, by their own government.
Every year, nonetheless, some 40,000 Americans visit Cuba without permission or license from Washington. Good for them! Cuba is, after all, an incredibly beautiful, fun and historic destination. Its people are our neighbors and friends, and for many, family.
The purpose of this site is to review mishaps unlicensed Cuba travelers encounter, to understand what to do in the rare event you are nabbed, and to provide resources so you know before you go.There is no better time to witness Cuba than now. You'll be glad you did. Even with change in the air, a new administration in Washington is no guarantee travel restrictions will be eased. Under Clinton in the 1990s, the harshest measures against Cuba came into force since first imposed by Kennedy. Bush further tightened travel restrictions in 2004. Obama has only eased family visits for Cuban Americans.
The focus here is on Cuba travel via Canada and Mexico. Travelers who are aware of potential problems and who practice preemptive solutions find undeclared unlicensed travel a breeze. Details and examples are based on dozens of first hand traveler reports since the year 2000 to now.
How unlicensed travelers avoid getting caught
Complications are most likely to occur upon return to the States, and are overcome by planning and resolve.
1 Problem The traveler returns to the US and tells the immigration officer she has visited Cuba. Solution The traveler does not disclose she visited another country while in Canada or Mexico. Note: Lying to immigration officials is a crime.
2 Problem The traveler returns to the US and indicates on his US entry card that he has been to Cuba. Solution The traveler does not declare his Cuba trip on his US entry card. Note: Failure to disclose is a crime.
3 Problem The traveler returns to the US with items in her luggage such as rum, cigars, souvenirs, island currency, literature and stuff clearly of Cuban origin. Solution The traveler forgoes returning with anything from Cuba – this includes shopping receipts and Cuban airline tickets! Tip Time permitting, the traveler mails Cuba mementos to her US address during layover in Canada or Mexico; she removes and pockets exposed camera flash memory.
4 Problem The traveler's passport has two entry stamps from either Canada or Mexico. Solution The traveler ensures his passport is not stamped a second time by Canadian or Mexican immigration officers on return to these countries from Cuba. See left sidebar "Passport stamps."
5 Problem The traveler returns to the US from a one-week mid-winter visit to "Canada" with a deep tan (or sunburn) wearing a tropical print shirt (and grass hat). Solution The traveler's appearance and demeanor must match his story at the US re-entry point.
When stuff happens scout's motto applies
Thorough preparation means an enjoyable worry-free visit. The US government obstructs services in Cuba that American travelers take for granted while visiting other countries.
1 Problem The traveler runs out of money while in Cuba. Solution You can't access funds in Cuba from debit or credit cards. Bring all the money you think you'll spend plus half again as much, at least. Keep your cash secure in your hotel room lock box. When traveling between accommodations, tuck your cash in a tummy belt. Tip In an emergency the US Interests Section in Havana assists with funds transfers. Super awkward!
2 Problem The traveler experiences a medical condition requiring professional attention. Solutions Purchase medical insurance when you arrive in Cuba from Asistur (US insurers will not cover Cuba claims). Pay for medical services directly at the clinic or hospital. Costs are remarkably inexpensive and treatment excellent. You will not be denied quality medical services for lack of funds. However you'll be expected to reimburse costs when you return home.
3 Problem Your passport is lost in Cuba. Solution Take every measure to prevent this from happening. Keep your passport in your hotel room lock box. Make several high quality photocopies. Only carry a xerox of your passport for ID after arrival. If your passport goes missing you'll have to go to the US Interests Section in Havana and have it replaced. Super awkward!
4 Problem Your passport is doubled stamped (two same-trip entries for Mexico or Canada). Solution Don't attempt to remove the stamp and don't panic. It could go unnoticed at the US border. If asked directly by US officers if you've been to Cuba because of the extra entry stamp, don't deny it. Many US immigration officers care less if you've been to Cuba, don't agree with the policy and don't enforce it. Others can't be bothered with the paper work and wave you on. But some are sticklers for rules or detest Cuba. All they can rightfully do is copy your passport and other ID and then send you home. Should the officer become surly, do not respond in kind. If he demands trip details simply state: "I have been advised by counsel to not answer any further questions," and leave it at that. Which brings us to the next section…
What if you are caught?
No one's even been strip searched, jailed or had their passport confiscated. However, it could impact careers requiring high-level security clearances (or blemish a presidential bid). For rest of us, it's like getting a hefty traffic fine then having to wrangle with bureaucrats to get it reduced or dismissed. Fortunately there's a network of caring legal beagles ready to help.
1 Memorize this paragraph in case of a border glitch: Travel to Cuba is not illegal. Spending money in Cuba is. The US government must prove you spent money in Cuba in order to prosecute. Lying to immigration and customs officers is also illegal. So don't make things worse by recounting a travelogue. After acknowledging you've been to Cuba (not illegal), you have the right to refuse to say anything more. Best bet.
a The onus is on the government to prove broke the law by spending money in Cuba. This is why you returned with nothing from Cuba that could be used as evidence you spent money there.
b Following a border hiccup, you may never hear anything more. But there's a five-year statute of limitations. So if Oprah asks you to come talk about it, consider: OFAC has a special 1-800-SNITCH line for cranks with idle fingers and a grudge against Cuba.
2 OFAC may send you a Requirement to Furnish Information (RFI) letter. You must respond to it within a specific time frame. Your response explains you didn't violate any federal law or regulation. Here's a sample RFI response letter. Before you respond consider consulting a lawyer. Click here for legal referrals.
3 Later you may get another OFAC letter that a civil penalty is being imposed. It is called a PrePenalty Notice (PPN). You must respond within a specific period or suffer a default judgment in OFAC's favor. Your response protests OFAC actions and regulations. Sample PPN response letter here. You have already contacted a lawyer and are heeding her advice.
4 As you have thus far successfully frustrated OFAC's intimidation efforts, a representative may contact you proposing a negotiated a settlement. You may decide to pay after consulting with your lawyer. The largest fine paid to date is $7,500, but you could be threatened with one much higher. Thankfully most are settled for significantly less: between $500 and $1500.
5 Alternatively, you can request a hearing, which OFAC is loath to offer and seeks to avoid. This approach can work to your benefit. Consult with your lawyer on this and other methods to thwart OFAC.
 Old Havana's Gran Teatro where Alicia Alonso's National Ballet performs. |
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| Freedom of movement is the very essence of our free society… Once the right to travel is curtailed, all other rights suffer… The right to know, to converse with others, to consult with them, to observe social, physical, political, and other phenomena abroad as well as at home gives meaning and substance to freedom of expression and freedom of the press. William O. Douglas, United States Supreme Court Justice, 1964 |
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 Cuban youth enjoy free education from preschool through university. They achieve among the highest academic scores in the Americas. Health care too is free and universal resulting in lower infant mortality rates and longer life spans than in the United States. |
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| EPHEMERA |
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| Washington hopes the blockade and travel restrictions will cause acute economic hardships on the Cuban people so they will reject their government and support the US. |
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| Cubans warmly welcome travelers from the United States. They hold no animosity towards the American people because their government imposes an economic blockade on the island. They treat US visitors as sisters and brothers of Our Americas. |
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| In 2006, just 19 Americans paid fines for sneaking to Cuba, including four involved in making Oliver Stone's documentary on the life of Fidel Castro, Comandante. |
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| Legend The US government has agents at airports in Canada and Mexico who squeal on returning Cuba travelers. Truth This was the case in 2001. But Canadian and Mexican authorities rightly claiming a violation of sovereignty swiftly nixed this Bush initiative. Spies got the boot. |
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| LEGAL RESOURCES |
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| Attorney referral service for returning Cuba travelers Center for Constitutional Rights (CCR) website is a great resource for potential Cuba travelers. Center for Constitutional Rights' pamphlet Know Before You Go addresses most legal aspects of Cuba travel. Printable PDF. National Lawyers Guild's Cuba Subcommittee website is a key reference for Cuba travelers. It explains what to do if you travel without a license and are contacted by the OFAC later. Summary of current Cuba travel regulations in Plain English explaining who can go to Cuba and who cannot by one of the best-informed law firms on Cuba issues in the US. |
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| US GOVERNMENT RESOURCES |
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| US Treasury Department Office of Foreign Assets Control (OFAC). This site outlines the US sanctions program and details travel restrictions to Cuba. OFAC is the agency charged with Cuba travel enforcement matters. Website of the US Interests Section in Havana covers emergency services, passport replacement, and more. This office provides consular services, as there is no US embassy in Cuba. |
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| CUBA RESOURCES |
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| Asistur is a Cuban insurance agency providing medical coverage for American visitors. US insurers will not cover Cuba claims. |
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 Baseball is the national sport and kids practice in every available spot. |
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 Waters of the Caribbean Sea and Straight of Florida are crystal clear and warm year around. |
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 The ratio of students to teachers at the primary level is 15 to 1. |
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 Parting words When visiting Cuba you are an ambassador for your people. Cubans face many hardships that you may find shocking. Don't be too quick to judge. The problem may be a result of the US economic blockade. |
Review regulations, resources and options before you go to Cuba without a license. If you run into problems on return, remember your rights, say only what is necessary at the border, and then consult a lawyer.
Panoramic view of Plaza Vieja in Old Havana. The city contains the largest collection of Spanish colonial-era architecture in the Americas. It is an UNESCO World Heritage Site.
