Cuba Travel Sanctions
U.S. sanctions against Cuba are a complex tool designed to encourage the Cuban government to implement democratic reforms and improve human rights. These sanctions are under the strict control of the Office of Foreign Assets Control (OFAC), a division of the U.S. Treasury Department. An important aspect of these sanctions is the Cuba travel sanctions, which meticulously define who can visit Cuba and under what conditions, prohibiting tourist travel while imposing additional restrictions on already existing measures authorized by OFAC. OFAC sanctions attorneys can help you meet OFAC requirements for traveling to Cuba.
Сuba Travel Sanctions
Since the embargo in 1962, the U.S. has imposed various sanction measures against Cuba through the Trading with the Enemy Act (TWEA), which granted the President authority to restrict trade with hostile nations during times of war or emergency, forming the basis for the initial travel and trade restrictions with Cuba. This law allowed President John F. Kennedy to impose strict measures against Cuba in the early 1960s following the Cuban Revolution and the subsequent establishment of a communist regime under Fidel Castro. The International Emergency Economic Powers Act (IEEPA) of 1977 also played a significant role by granting the President the power to regulate economic activity in response to unusual and extraordinary threats to national security, allowing for the expansion of sanctions on Cuba and the imposition of more stringent measures. The Cuban Democracy Act of 1992 further strengthened restrictions on trade and travel and codified the embargo into federal law. The Helms-Burton Act of 1996 simultaneously made its repeal more difficult without congressional approval.
Cuban sanctions were eased under the Obama administration, but the Trump administration then implemented significant changes to travel policy by tightening rules. Specifically, restrictions were placed on cultural and educational travel, and staying in hotels controlled by the Cuban military was prohibited. These changes imposed stricter requirements on U.S. citizens visiting Cuba for educational and cultural activities, complicating the conduct of independent cultural exchanges and educational programs. The Biden administration, while maintaining certain restrictions, expressed intentions to review Cuba policy, easing sanctions on certain travel categories, particularly those focusing on humanitarian missions and family reunification.
Who is Allowed to Travel to Cuba?
Tourist travel to Cuba for U.S. citizens is prohibited.
Under the Cuban Assets Control Regulations (CACR) 31 CFR 515.560, travel to Cuba is allowed for 12 categories:
- Family Visits
- Official Business of the U.S. Government, Foreign Governments, and Certain Intergovernmental Organizations
- Journalistic Activities in Cuba
- Professional Research and Professional Meetings in Cuba
- Educational Activities
- Religious Activities in Cuba
- Public Performances, Clinics, Workshops, Athletic and Other Competitions, and Exhibitions in Cuba
- Supporting the Cuban People
- Humanitarian Projects in Cuba
- Activities of Private Foundations and Research or Educational Institutes
- Information Exchange and Media Productions
- Exportations from the United States to Cuba; Reexportations to Cuba; and the Importation, Servicing, or Repair of Certain Items Previously Exported or Reexported to Cuba
Sanctions attorneys emphasize that additional OFAC restrictions apply to authorized travel to Cuba:
Reporting to OFAC: Reporting to OFAC: Under 31 CFR 501.601, all individuals traveling to Cuba are required to maintain complete and accurate records of each transaction, regardless of license (these records must be available for inspection for five years after the transaction). According to 31 CFR 501.602, all persons must provide complete information to OFAC regarding any acts or transactions upon request, regardless of license, and provide documents in a format agreed with OFAC (this may include books, contracts, letters, and electronic documents). OFAC may require reports before, during, or after transactions and conduct investigations requiring witness testimony and document submission. If OFAC has reason to believe a transaction may involve the property of a blocked person, it may issue instructions to financial institutions to report such transactions (see Notes 1 and 2 to 31 CFR 501.602).
Restrictions on Direct Financial Transactions with Persons on the OFAC Cuba Restricted List: Under 31 CFR 515.209(a), persons under U.S. jurisdiction cannot conduct direct financial transactions with persons connected to the Cuban military, intelligence, or security services if such transactions benefit these entities to the detriment of the Cuban people or private business (exceptions are provided for travel initiated before an organization’s addition to the Cuba Restricted List 31 CFR 515.209(b), 31 CFR 515.209(c)), indirect financial transactions are not prohibited if the person is not the originator or recipient 31 CFR 515.584(d), 31 CFR 515.584(g)). Transactions involving remittances related to organizations on the Restricted List are not allowed if the license excludes such transactions (31 CFR 515.570, 515.572(a)(3), 515.587).
Restrictions on Booking and Payment for Accommodation in Properties on the Cuba Prohibited Accommodations List (CPA List): Under 31 CFR 515.210, persons under U.S. jurisdiction cannot stay, pay for accommodations, or book rooms for themselves or third parties in properties in Cuba identified by the U.S. Department of State as owned or controlled by the Cuban government, prohibited officials of the Cuban government (31 CFR 515.337), members of the Communist Party of Cuba (31 CFR 515.338), or their close relatives (31 CFR 515.339). These properties are listed in the CPA List (the prohibition does not apply to transactions related to accommodations if initiated before the property’s addition to the CPA List, as published in the Federal Register (31 CFR 515.210(b)).
Let’s examine the specifics of each category of travelers:
Travel for Family Visits
See applicable OFAC regulation 31 CFR 515.561.
Individuals under U.S. jurisdiction and their family members residing together may travel to visit a close relative who is a Cuban national or permanent resident of Cuba, as well as accompany a close relative traveling to Cuba for official business, journalistic activities, professional research, educational, religious, or humanitarian activities, and activities of private foundations or institutes (31 CFR 515.561(a)). The trips must be solely familial and aimed at maintaining connections with close relatives, which may include participating in family events or providing care. An important aspect of general licenses is the absence of restrictions on the length of stay, allowing visitors to remain in Cuba as long as necessary for family needs. For such trips, an OFAC Specific License is not required, as they are conducted under a General Licenseprovided in 31 CFR 515.561.
Note: Based on our practice of assisting clients traveling to Cuba, we recommend having documentation that proves the purpose of the trip and the existence of family ties, such as copies of birth or marriage certificates. This documentation is often requested to verify compliance with travel conditions. Noncompliance with CACR requirements can result in civil or criminal penalties.
Travel for Official Business of the U.S. Government, Foreign Governments, and Certain Intergovernmental Organizations
See applicable OFAC regulation 31 CFR 515.562.
Official travel includes participation in diplomatic, consular, or other official missions, as well as fulfilling duties related to activities of international organizations in which the United States is a participant (such as the UN, NATO, WTO, IMF, World Bank, OECD, G7, G20, APEC, OAS, WHO, FAO, IAEA, Interpol, ITU, WIPO, ICANN, OSCE, ICAO, ILO, UNICEF, UNEP, UNHCR, UNESCO) or observer (such as AU, SAARC, ASEAN, OIC, SICA, CERN, NAM, PIF, Ibero-American Summit). This allows government representatives to maintain important diplomatic relations and participate in international negotiations and meetings necessary for performing their functions without requiring an OFAC Specific License, as they fall under the General License established by 31 CFR 515.562.
Note: It is necessary for authorized travelers to have official documents proving the status and purpose of the trip (diplomatic passports, accreditations, invitation letters from international organizations).
Travel for Journalistic Activities in Cuba
See applicable OFAC regulation 31 CFR 515.563.
CACR authorizes travel for professional journalists under a General License. Journalists who may make such trips include those regularly employed in news organizations (31 CFR 515.563(a)(1)(i)), supporting technical staff (31 CFR 515.563(a)(1)(ii)), freelance journalists with a demonstrated record of experience (31 CFR 515.563(a)(1)(iii)), and technical specialists supporting freelance journalists (31 CFR 515.563(a)(1)(iv)). The schedule of such trips must be strictly related to professional activities and not include excessive free time (31 CFR 515.563(a)(2)).
Travel for Professional Research and Professional Meetings in Cuba
See applicable OFAC regulation 31 CFR 515.564.
Travel to Cuba for professional research and participation in professional meetings or conferences is permitted under a General License if certain conditions are met. For professional research, trips are allowed if the purpose is directly related to the traveler’s professional activities, expertise, or area of specialization, including postgraduate studies (31 CFR 515.564(a)(1)(i)). The schedule must adhere to a full work schedule without excessive free time (31 CFR 515.564(a)(1)(ii)). For professional meetings or conferences, travel is allowed if it relates to the traveler’s professional activities or if organized by an employee of the organization responsible for the event (31 CFR 515.564(a)(2)). Marketing and organization of meetings also fall under these authorizations (31 CFR 515.564(a)(2)).
Travel for Educational Activities
See applicable OFAC regulation 31 CFR 515.565.
Persons under U.S. jurisdiction, including academic institutions, faculty, staff, and students, are permitted to travel to Cuba for educational activities under a General License. This includes participation in structured educational programs that are part of coursework, obtaining academic degrees, studying and teaching in Cuban institutions, and sponsoring Cuban scholars to teach in the U.S. (31 CFR 515.565(a)). The General License also covers educational exchanges between secondary schools, intergovernmental organization, the conduct of non-commercial academic seminars and conferences, and the organization of academic exchanges and joint research projects with Cuban universities (31 CFR 515.565(a)(6)-(8)). Standardized testing and internet-based courses for Cubans are also allowed (31 CFR 515.565(a)(9)-(10)). Additionally, the General Licensepermits non-academic exchanges to strengthen ties with the Cuban people and support civil society, provided they are conducted under the auspices of a U.S. organization (31 CFR 515.565(b)).
Travel for Religious Activities in Cuba
See applicable OFAC regulation 31 CFR 515.566.
CACR allows individuals as well as religious organizations and their members to travel to Cuba for religious activities under a General License. This license permits transactions and travel related transactions or to travel, provided a full schedule of religious activities is adhered to during the stay in Cuba (31 CFR 515.566(a)). Anyone using the General License is required to maintain documentation as prescribed in 31 CFR 501.601 and 31 CFR 501.602 to confirm compliance with authorized travel. Financial and material donations to Cuba or Cuban nationals are not permitted under this section (31 CFR 515.566(b)). For authorized transfers to religious organizations in Cuba, see 31 CFR 515.570, and for exports of goods from the U.S. to Cuba, see 31 CFR 515.533. CACR also permits religious organizations engaged in authorized activities to establish a physical presence in Cuba and open accounts in Cuban financial institutions as specified in 31 CFR 515.573.
Travel for Public Performances, Clinics, Workshops, Athletic and Other Competitions, and Exhibitions in Cuba
See applicable OFAC regulation 31 CFR 515.567.
A General License authorizes travel for participation in athletic competitions in Cuba involving amateur or semi-professional athletes and sports teams, as well as the organization of such competitions. Authorization requires that the sporting event be conducted under the auspices of an international sports federation, U.S. participants are selected by the U.S. federation for the sport, and the competition is open to the Cuban public for attendance and participation (31 CFR 515.567(a)).
Travel for Supporting the Cuban People
See applicable OFAC regulation 31 CFR 515.574.
CACR regulates travel to Cuba aimed at supporting the Cuban people, providing a General License for certain activities. Under this provision, travel and other actions supporting the Cuban people are authorized, provided the activities are conducted by recognized human rights organizations, independent organizations aiming for a peaceful transition to democracy, or individuals and non-governmental organizations supporting independent activities to strengthen civil society in Cuba (examples include: Amnesty International (AI), Human Rights Watch (HRW), Freedom House (FH), National Endowment for Democracy (NED), International Republican Institute (IRI), National Democratic Institute (NDI), Transparency International (TI), Reporters Without Borders (RSF), Carter Center, Open Society Foundations (OSF)) (31 CFR 515.574(a)(1)). Travelers must have a full schedule of activities aimed at strengthening ties with the Cuban people, supporting civil society, and promoting the independence of the Cuban people from authorities (31 CFR 515.574(a)(2)). These activities and full time schedule must provide meaningful interaction with Cubans, and the schedule must not contain excessive free time (31 CFR 515.574(a)(3)). Examples include staying in private Cuban homes (casa particular), dining in private restaurants (paladares), and shopping in privately owned stores operated by self-employed Cubans (31 CFR 515.574, note 2).
Travel for Humanitarian Projects in Cuba
See applicable OFAC regulation 31 CFR 515.575.
Travel to Cuba for participation in humanitarian projects is also allowed, providing a General License for activities aimed at directly benefiting the Cuban people. Under the General License, travel is permitted, provided the traveler’s schedule does not include excessive free time and adheres to a full work schedule. Authorized humanitarian projects include medical and health initiatives, construction projects to support independent civil societies, disaster preparedness and response, historical preservation, environmental projects, educational programs, and training, including entrepreneurship, civic education, journalism, advocacy, adult literacy, and vocational skills. Projects promoting the development of private business and agricultural development, microfinancing projects except for loans or extensions of credit prohibited by § 515.208, and initiatives addressing basic human needs are also permitted (§ 515.575(b)).
Travel for Activities of Private Foundations and Research or Educational Institutes
See applicable OFAC regulation 31 CFR 515.576.
CACR provisions regulate the activities of private foundations, research, and educational institutes, providing a General License for travel to Cuba if related to non-commercial information collection about Cuba’s relations with other countries. Such activities must be conducted by private foundations or research institutes with an established interest in international relations and must include all persons subject to a full work schedule without excessive free time or rest (31 CFR 515.576(a)). For example, a private research foundation engaged in international relations issues may send its staff to Cuba to gather information for research if all team members maintain a full schedule dedicated to the project. In this case, the activity complies with the General License requirements.
Travel for Information Exchange and Media Productions
See applicable OFAC regulation 31 CFR 515.545.
CACR regulates activities related to information and informational materials, providing a General License for certain activities associated with the creation, dissemination, and alteration of such materials. Transactions involving the employment of Cuban nationals and the transfer of royalties or other payments as part of these operations, and certain authorized export transactions including marketing related to the distribution of informational materials, are permitted. However, this provision does not authorize other marketing or business consulting services (31 CFR 515.545(a)). The General License also allows for travel and additional operations directly related to the export, import, or transmission of information or informational materials as defined in 31 CFR 515.332, provided the traveler’s schedule does not include excessive free time (31 CFR 515.545(b)(1)). Transactions related to professional media or artistic productions of informational materials for export, import, or transmission, including the creation of films, television programs, music recordings, and artwork in Cuba, are also authorized. The traveler must be regularly employed or have a demonstrated record of professional experience in the relevant field, and the schedule must not include excessive free time (31 CFR 515.545(b)(2)).
Travel Related to Exportations from the United States to Cuba; Reexportations to Cuba; and the Importation, Servicing, or Repair of Certain Items Previously Exported or Reexported to Cuba
See applicable OFAC regulation 31 CFR 515.533.
CACR regulates export and reexport transactions from the U.S. to Cuba, as well as the importation and servicing of certain items. All transactions related to the export of goods from the U.S. or reexport from a third country to Cuba are authorized provided they are licensed by the Department of Commerce under the Export Control Act of 1979 (31 CFR 515.533(a)(1)), are not transactions between U.S.-owned firms in third countries and Cuba for the export of goods manufactured in other countries (31 CFR 515.533(a)(2)), are not financed from blocked accounts (31 CFR 515.533(a)(3)), and for agricultural commodities involve cash in advance or financing by a third-party bank (31 CFR 515.533(a)(4)). These transactions include activities directly related to the shipment of goods, such as insurance and transportation (31 CFR 515.533(a), note 1). The importation of items previously exported to Cuba for repair or return to the U.S. is not authorized export transactions and allowed if they were initially exported under 31 CFR 515.533(a) or 31 CFR 515.559 (31 CFR 515.533(b)). The General Licenseauthorizes travel for marketing research, negotiations, installation, and servicing of goods in Cuba, provided travelers adhere to a full work schedule without excessive free time (31 CFR 515.533(c)). Travel related to the temporary stay of aircraft and vessels is also permitted if they comply with Department of Commerce policies (31 CFR 515.533(c)(2)).
Specific License for Travel
For travel that does not fall under a General License, an OFAC Specific License is required. A formally requested document authorizing travel and other purposes not covered by a General License. Sanctions attorneys assist the applicant in submitting a formal request to OFAC and providing evidence justifying the necessity and purpose of the travel, as well as demonstrating that the trip aligns with U.S. interests in promoting democracy and human rights in Cuba. An OFAC Specific License will enable you to undertake travel and certain activities in Cuba that would otherwise be prohibited.
Obtain Consultation on OFAC Specific License
What Travels are Prohibited?
The previously mentioned tourist travel is prohibited. 31 CFR 515.209 also prohibits travel or related transactions to any persons identified by the U.S. Department of State as organizations or sub-organizations controlled by or acting on behalf of Cuban military, intelligence, or security services or personnel and listed on the Cuba Restricted List if such travel disproportionately benefits those services or personnel at the expense of the Cuban people or private enterprises in Cuba. Some forms of “people-to-people” engagement are also prohibited unless they meet established criteria, previously described under 31 CFR 515.565.
The people-to-people category was introduced as part of President Barack Obama’s policy aimed at normalizing relations with Cuba, allowing U.S. citizens to visit Cuba for personal use educational purposes within cultural exchanges without the need for an OFAC Specific License. It involved participation in activities intended to engage with the Cuban people, such as cultural, educational, and religious activities. However, in June 2019, the U.S. Treasury Department announced the cancellation of travel to Cuba under this category (exceptions applied for trips paid for before the effective date). This decision was part of a broader Trump strategy to increase pressure on the Cuban government. Simultaneously with the cancellation of the “people-to-people” category, the Trump administration also banned U.S. cruise ships from docking in Cuban ports. With Biden’s administration taking office, the people-to-people category has been partially restored, though full restoration has not yet occurred. Currently, the category is applied more narrowly.
Travel to Cuba typically uses the Support for the Cuban People category, including activities directly supporting the local population, such as staying in private homes (casas particulares) and participating in cultural exchanges.
Why is it important for U.S. travelers to conduct due diligence before transacting in Cuba?
It is important for U.S. citizens to conduct thorough due diligence before any travel to Cuba due to the complex sanctions imposed by OFAC, which restrict interaction conduct transactions with Cuban entities, particularly those controlled by the military. Without proper diligence, you risk incurring significant fines and criminal liability. Practically, this means understanding in advance with whom you can interact, which companies and organizations are sanctioned, and which transactions are prohibited. Doing so allows you to avoid issues and protect yourself from unintended legal violations.
Legal Advice before Traveling to Cuba
In case of questions or concerns when planning a trip to Cuba, our sanctions attorneys provide professional consultations. We have extensive experience in sanctions law and can help ensure full compliance with regulations. Contact us for competent legal support and assistance. Our services include analyzing your travel plan, verifying compliance with sanctions requirements, and assisting with the preparation of necessary documentation. We ensure your travel complies with all legal norms and OFAC requirements, minimizing the risk of violations and potential fines.
