WHO CAN PARTICIPATE IN THIS RESEARCH TRIP?

An Overview

Travel to Cuba is restricted by the U.S. government's Trading with the Enemy Act (1917) which grants the power to prohibit financial transactions in time of war and has been used to structure the economic embargo on Cuba since 1961. The embargo is enforced through the Cuban Assets Control Regulations, issued in July 1963, as revised and amended over the years.

The financial prohibition means that U.S. citizens cannot spend money on travel to Cuba. Over the years, however, some travel to Cuba has been permitted, on the bases of exceptions to the ban on spending money on travel-related transactions. U.S. citizens, permanent residents, and others located in the United States may travel to Cuba according to the provisions of Treasury Department regulations that identify and explain the authorized exemptions to the prohibitions. The Treasury Department's Office of Foreign Assets Control (OFAC) administers the regulations.

All U.S. citizens and permanent residents wherever they are located, all people and organizations physically in the United States, and all branches and subsidiaries of U.S. organizations throughout the world are subject to the Cuban Assets Control Regulations, 31 CFR Part 515, issued by the U.S. Government July 8, 1963 under the Trading with the Enemy Act (1917). At the present time, there are a number of clearly defined circumstances under which individuals are permitted to travel to Cuba. Tourism is not allowed. (See
RECENT CHANGES) There are criminal and civil penalties for violating the Regulations.

Major changes in the control of travel were effected by the Bush administration in 2004. The description below reflects these changes:

Regulations authorize travel to Cuba for different categories of individuals through what are called a General License or a Specific License.

General License

The General License is an authorization that is implied in the categories themselves. An individual will identify him or herself according to the criteria and use the “implied authority” of the General License to undertake travel. No application is made nor is permission required. Travel agents may ask travelers to sign an affidavit indicating the category under which they are claiming authority to travel to Cuba, but there is otherwise no paperwork involved.

Currently, the following travelers (categories) are authorized under the OFAC General License to engage in travel spending while in Cuba:

• Journalists and supporting broadcasting or technical personnel (regularly employed in that capacity by a news reporting organization and traveling for journalistic activities);

Official government travelers (traveling on official business);

Members of international organizations of which the United States is also a member (traveling on official business);

Full-time professionals whose travel transactions are directly related to professional research in their professional areas, provided that their research:

is of a noncommercial, academic nature;

comprises a full work schedule in Cuba; and

has a substantial likelihood of public dissemination;

• Full-time professionals whose travel transactions are directly related to attendance at professional meetings or conferences in Cuba organized by an international professional organization, institution, or association hat regularly sponsors such meetings or conferences in other countries. The organization, institution, or association sponsoring the meeting or conference may not be headquartered in the United States unless it has been specifically licensed to sponsor the meeting. The purpose of the meeting or conference cannot be the promotion of tourism in Cuba or other commercial activities involving Cuba, or to foster production of any bio-technological products.

Specific License

Other individuals are directed by the regulations to apply for a Specific License by making an application to the Office of Foreign Assets Control (OFAC) of the Treasury Department. This applies to participants in humanitarian projects and free lance journalists, as well as religious groups and educational institutions that sponsor academic exchanges with Cuba, including student programs. Decisions about individual applications are made on a case-by-case basis.
Note: OFAC requires four to six weeks to process applications for specific licenses!

TRAVELING FOR RESEARCH TO CUBA

As noted above, full-time professionals may travel to Cuba to conduct research under what is called the General License. According to the Treasury Department:

Full-time professionals whose travel transactions are directly related to professional research in their professional areas, provided that their research 1) is of a noncommercial, academic nature; 2) comprises a full work schedule in Cuba; and 3) has a substantial likelihood of public dissemination.”

Graduate students may also travel for research purposes if they will receive academic credit toward a graduate degree for the research conducted in Cuba.

Graduate students will need a specific license to travel to cuba. For details, see Graduate Student Travel” (license.doc) or write to: sheryl.lutjens@nau.edu.

A short overview of the regulations can be found at the OFAC website (http://www.treas.gov/
offices/eotffc/ofac/sanctions/): What You Need to Know about the U.S. Embargo

RECENT CHANGES TO THE REGULATIONS (http://24.121.86.162:8080/
cuba/CUBAchanges.doc)

Comprehensive Guidelines

A more detailed, 79-page document, Comprehensive Guidelines For License Applications To Engage In Travel-Related Transactions Involving Cuba, is found at:(http://www.treas.gov/
offices/eotffc/ofac/sanctions) Sanctions on travel to Cuba

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DEADLINE FOR APPLICATION IS SEPTEMBER 30, 2005

This page constructed with Notepad 7.3! Copyleft Cynthia Anne Simmons -- 2005; last updated 8/16/2005