Cuba Travel Sanctions

Sanctions on Cuba travel – one of the longest-lasting sanction regimes in global practice. They were established back in the Cold War years and continue to remain a sharp subject of political discussions.

Initially, sanctions against Cuba were introduced based on the Trading with the Enemy Act (TWEA), adopted during the First World War. In 1962, the US administration relied on TWEA to impose a full trade embargo on Cuba, perceiving it as a security threat during the Cold War.

Later, under the International Emergency Economic Powers Act (IEEPA), the president was granted expanded powers to impose or lift sanctions in the event of an “emergency situation.” IEEPA was often used to clarify and regulate the sanctions regime concerning Cuba, particularly regarding additional restrictions or relaxations.

Cuban Democracy Act (1992), also known as the “Torricelli Act,” further restricted trade between the USA and Cuba, particularly affecting subsidiary companies of American firms abroad. The main goal was to increase economic pressure on Cuba by limiting access to foreign investments and technologies.

The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act enshrined in US legislation all existing sanctions against Cuba, making it more difficult for the president to lift them independently. “Title III” of this law allows US citizens to sue foreign companies using property nationalized by the Cuban government after the revolution.

During Barack Obama’s presidency (2009–2017), there was a course towards partially improving relations with Cuba. Certain restrictions on travel and financial transactions were eased, some tourism channels became available, and opportunities for money transfers to Cuba increased.

Under president Trump, many of the Cuba travel relaxations from the Obama era were reversed. The Trump administration revoked a number of licenses allowing US citizens certain trips to Cuba, tightened control over financial transactions, and expanded the application of “Title III” of Helms-Burton, which prompted other countries to avoid dealings with Cuba for fear of American lawsuits.

Despite the fact that American legislation still prohibits tourist travel, certain categories of travellers are allowed to go to Cuba without violating sanction rules. Exceptions were created with the aim of preserving and supporting cultural, educational, humanitarian, and other important connections that do not contradict foreign policy interests. Nevertheless, each category of legal Cuba travel has strict boundaries, the violation of which may result in fines and other unpleasant consequences.

Our legal company is ready to help you understand the nuances of sanctions legislation, prepare the necessary documents, and develop a detailed travel plan under one of the permitted categories. Contact us to ensure the legality and safety of your visit to Cuba.

Trips motivated by the desire to visit close relatives residing in Cuba are classified in a separate category as an important humanitarian and cultural need. Such visits are not considered “tourism” as the emphasis is placed on reunion and maintaining family ties.

This category includes citizens and residents of the USA who have close relatives in Cuba (parents, children, brothers, sisters, grandmothers, grandfathers, grandchildren). Such trips do not require a special OFAC license, as they are carried out under the general license provided for by 31 CFR 515.561.

Such travelers must keep records of the duration and purpose of the trip, confirming that the visit to Cuban nationals was of a family nature. There are no specific strict limits, but excessively long or frequent trips may raise suspicions of misuse of the category.

This category includes employees of the American government, as well as the governments of foreign states or intergovernmental organizations (diplomats, consulate staff, UN experts, OAS, and other organizations with international status), who need to be in Cuba to perform official duties.

Maintaining diplomatic and official relations, resolving security issues, exchanging information — all this requires trips by officials. This category helps ensure direct interaction at the government level, which is not perceived as commercial activity circumventing sanctions.

The trip must strictly correspond to official duties. The personal or recreational part of the visit does not fall into this category. Official identification, business trip orders, or letters from the government confirming the official status of the trip are required.

Upon return, OFAC may request a report on the execution of the assignment, details of business contacts, and confirmation that the trip did not turn into a private/tourist one.

This category includes professional journalists, freelance workers for media outlets, as well as employees of media companies who travel to Cuba to prepare reports and articles.

Freedom of speech and independent journalism are regarded as fundamental principles. Despite the sanctions, the USA allows journalists to cover events on the island. The materials obtained may contribute to a better understanding of the situation, which does not violate the interests of American policy.

A journalist must have proof that the trip is due to an editorial assignment (a letter from the editor, press card). It is important to keep records of which places were visited and with whom interviews were conducted, in order to confirm the journalistic nature of the trip if necessary.

The category includes scientific and other specialists who travel to Cuba to conduct research or participate in professional events (conferences, seminars, congresses). It includes scientists, experts, and representatives of scientific, medical, engineering, legal, and other professional communities.

Participants can attend specialized events, give presentations, and hold negotiations on joint projects. It is necessary to keep a record of events (sessions, meetings) to confirm compliance with the category if required. The schedule must correspond to a full working timetable without excessive free time (31 CFR 515.564(a)(1)(ii)).

Funds spent in Cuba or income from activities may fall under the general sanctions regime, so it is necessary to consult a lawyer for details.

Educational travel provides an opportunity for students, teachers, and staff of educational institutions to legally travel to Cuba to participate in study and exchange programs. This category includes students participating in academic courses, summer schools; teachers accompanying groups of students, staff of research institutes.

It is necessary to confirm that the trip is part of the educational institutes’ exportation program or curriculum. The educational institution must provide official letters and lesson plans. The general license also applies to such exchanges between secondary schools, intergovernmental organizations, the holding of non-commercial academic seminars and conferences, as well as the organization of academic exchanges and joint research projects with Cuban universities (31 CFR 515.565(a)(6)-(8)).

This category of authorized travel to Cuba includes representatives of religious organizations, clergy, and believers, whose purpose of visit is participation in rituals, worship services, or assistance to communities in Cuba. Freedom of religion and the promotion of religious values in the USA is not considered as commercial or political activity.

Letters from religious organizations confirming the purpose and program may be required. The sale of religious goods or commercial transactions under the guise of religious trips is prohibited. Such trips are often accompanied by charitable activities, the construction of temples, or community support.

Despite some easing of sanctions and the emergence of permitted categories of Cuba travel, tourist visits remain strictly prohibited for US citizens and residents.

Under Donald Trump’s administration, additional restrictions were introduced on cruise routes and yacht tours from the USA to Cuba. Previously, such trips were allowed under certain categories; however, most cruise travel services and tour operators have now canceled their routes.

The “people-to-people” travel programs, which previously allowed organized groups to visit Cuba for cultural and educational purposes, have been significantly restricted. Any activity lacking a clear educational, professional, or humanitarian component is considered unsuitable for a visit.

Usually, many US citizens wishing to legally visit Cuba use the category “Support for the Cuban People.” This format allows meaningful interaction with Cuba’s independent private sector: staying in casas particulares, visiting private restaurants (paladares), and purchasing from local artisans. However, it is important to adhere to plans and retain evidence that the trip genuinely aligns to support the local population, rather than turning into regular tourism.

A trip to Cuba for citizens and residents of the USA is restricted by OFAC sanctions. Not all types of visits are permitted, and non-compliance may result in severe fines and other sanctions. Therefore, before planning any Cuba travel, it is extremely important to consult a lawyer knowledgeable in OFAC regulations and current US legislation.

If your trip requires a special OFAC license, lawyers will advise on how to prepare the application, and what evidence and arguments to provide to increase the chances of approval.

We will explain what restrictions apply during your stay in Cuba: from hotel expenses to interactions with sanctioned organisations. During inspections by American authorities, we will provide advice on how to properly maintain records and what to do in case of inquiries about the trip. Legal consultation helps to avoid lengthy bureaucratic delays and reduces the likelihood of travel refusal.

Contact OFAC Lawyers right now, to ensure the safety of your trip to Cuba and full compliance with OFAC requirements. Our legal company is ready to provide comprehensive consultations and support at every stage.