Cuban Embargo FAQ

[Central Cigars]

There's probably no question we're asked more often than "How can I bring Cuban cigars into the country?" Well, more than likely, you can't. But to help clarify what the embargo means to the average American, we've excerpted the following Q&A provided by the U.S. Treasury Department. These policies stem from the original Cuban Assets Control Regulations issued by the U.S. government on July 8, 1963, under the authority of the Trading with the Enemy Act.

Note: The following questions and answers have been reproduced verbatim from a document issued by the office of R. Richard Newcomb, director of the Office of Foreign Assets Control.

Who may travel to Cuba?

Generally, Americans are not permitted to spend money on travel to Cuba. But there are exceptions to that rule. For example, journalists regularly employed by a U.S. news organization, government representatives on official business, members of international organizations (of which the United States is a member) on official business, and persons traveling once a year to visit close relatives in circumstances of extreme humanitarian need may travel under general license. That is to say, these travelers need not apply for an actual piece of paper--a specific license--when they travel. Athletes, academics, religious leaders and persons hoping to travel to Cuba for a particular reason must apply to OFAC for a specific license for each trip. Those wishing to make more than one humanitarian trip to relatives per year also must apply for a specific license for each trip. Rules governing general licenses and the issuance of specific licenses apply to everyone--regardless of citizenship--wishing to travel from the United States to Cuba. Applications for specific licenses are reviewed by OFAC on a case-by-case basis.

How can I travel to Cuba legally?

Since the shoot down of two U.S. civilian aircraft [Editor's Note: in February 1996], President Clinton has ordered a tightening of the Cuba embargo. Commercial charter passenger flights operating directly between the U.S. and Cuba have been suspended. But qualified travelers can still go to Cuba legally, provided that their flights are routed through third countries.

Are remittances to Cuba still legal?

The only purpose for which remittances may be sent to Cuba without a license is to pay for emigration fees up to $1,000. Before these funds can be transmitted, however, the emigrant's full name and date of birth along with the date and number of the emigration visa must be presented to the bank or service provider in the form of an affidavit. A specific OFAC license is required if a person in the United States wants to send money to a family member in Cuba in extreme humanitarian need. If a license is granted, it must be presented to a service provider or bank, either of which can then transmit funds to the recipient in Cuba. All other remittances to Cuba are prohibited.

Can business with Cuba be done without violating U.S. law?

There are very few lawful business opportunities for U.S. persons with Cuba. The Cuban Democracy Act of 1992 authorizes telecommunications services, but only to an international gateway. No U.S. person can work on improving domestic phone service in Cuba. The export of informational materials including publications, films, posters, phonograph records, microfilm, microfiche, tapes, compact discs, CD ROMs, artwork and newswire, feed is not subject to embargo prohibitions. Commercial sales of such informational materials are permitted, but entering into a production contract for those materials is not. The sale of medicine, medical technology and supplies by U.S. businesses to Cuba is permitted under very strict licensing procedures administered by the Commerce Department. Travel services for licensed travelers and forwarding services for licensed remittances are regulated by OFAC. Such service business must receive specific licenses and satisfy strict reporting and recordkeeping (sic) requirements. Except for those limited business opportunities, no Cuba-related business activities are permitted for U.S. persons.

Can U.S. businessmen and women travel to Cuba to "look around?"

Travel transactions for tourist or unauthorized business purposes are prohibited. If someone not subject to U.S. jurisdiction pays all your expenses in Cuba you are deemed "fully hosted" and can travel to Cuba. But if you provide any service or enter into any binding contract with Cuba, you will lose your fully hosted (sic) status and be subject to criminal prosecution or a civil penalty up to $50,000.