Overview of Legal Travel

PLEASE REFER TO UPDATED CONTENT AT  http://cubapeopletopeople.blogspot.com/2011/05/updated-flyer-on-legal-travel-options.html

Who can go to Cuba now?

Americans still don’t have freedom to vacation in Cuba, but travel for a purpose has been restored by President Obama.  Anyone with a serious interest in learning and engaging can find a legal way.

General Licenses

A general license does not have to be applied for.  There is no paper work with the Office of Foreign Assets Control (OFAC) in Washington before or after the trip.  The only action necessary is internal to the institution, based on its own good faith judgment and practices.

Students   http://cubapeopletopeople.blogspot.com/2011/03/ofac-regulations-for-educational-and.html

A college can create a one or two week intercession, spring break or summer program that provides  credit toward graduation for its own students and those from other schools.  The only requirement is to obtain the normal standing for any academic course.  Also covered is Spanish language and other “study at a Cuban academic institution, provided the formal course of study in Cuba will be accepted for credit toward the student’s graduate or undergraduate degree.”  Schools that offer independent study may see that also as, “a structured educational program in Cuba as part of a course offered for credit.” 

Each student, teacher, adjunct or full or part-time staff simply has to “carry a letter on official letterhead, signed by a designated representative of the sponsoring U.S. academic institution.”

Graduate students can travel with a letter from the responsible university official stating that the trip is for research in Cuba that will be accepted for credit toward a degree. 

A travel agent or tour operator can assist a school in developing a course, but only licensed Travel Service Providers at present can book flights and accommodations.

Religious Groups    http://cubapeopletopeople.blogspot.com/2011/03/httpwww.html

Any “religious organization” at a local, regional or national level can easily authorize a trip.  Participants “must carry with them a letter on official letterhead, signed by a designated representative of the U.S. religious organization, confirming that they are members or staff and are traveling to Cuba to engage in religious activities under the auspices of the organization.”

Under the US Constitution, the definition of “religious organization” or “religious activities” by a government agency is problematic.  The faith and practice of established groups and communities should enable substantive trips with a broader focus than traditional worship with coreligionists.

A travel agent or tour operator can assist members of a local religious organization, or of a recognized body within it, to organize a trip to Cuba and participate if personally affiliated. 

Specific Licenses

A specific license requires a written application to OFAC by mail or fax.  Depending on guidance from the White House and State Department, this can be a routine process for purposes of registration and general oversight, as during the Clinton Administration, or a time consuming obstacle course designed to politically shape or limit authorized travel, as under President Bush.  We will only know which it is to be when OFAC publishes guidelines and new licenses are issued.

People to People Travel 

http://cubapeopletopeople.blogspot.com/2011/03/ofac-regulations-for-people-to-people.html

The category of “educational exchanges not involving academic study” is potentially the same umbrella that enabled a wide range of professional and shared interest groups to travel to Cuba before 2004.  Organizations are seeking new licenses that under Clinton were able to program trips ranging from high schools to elderhostel, world affairs councils to bird watchers, alumni to dance students.  In effect they will serve as intermediaries with both OFAC and Cuba for groups like museums, lawyers, doctors, and business people that don’t want to obtain their own licenses and don’t have experience in-country.  Awaiting clarification is whether groups must have a history of organizing exchange programs or qualify on the basis of the trip for which they are seeking the license. 

Specific licenses can also be obtained for workshops, clinics, performances and sports program.

Logistics

Persons wishing to visit Cuba can either organize their own qualified trip or join one with open enrollment that fits their interest, schedule and budget.  Groups with general or specific licenses at present must either use one of 250 licensed US Travel Service Providers to book flights and programs or a company located in a third country.  In either case only three ground operators can provide programs for Americans within Cuba:  Havanatur, San Cristobal and Amistur.

For latest information on regulations and their implementation, contact director@ffrd.org or go to

Cuba/US People to People Partnership        cubapeople2people.org  

OFAC Regulations for People to People Travel

(b) Specific licenses. Specific licenses

may be issued on a case-by-case basis

authorizing the travel-related

transactions set forth in § 515.560(c) and

other transactions directly incident to:

(1) An individual’s educational

activities of the types described in

paragraphs (a)(2) through (a)(4) of this

section but not authorized by the

general license contained in paragraph

(a) of this section;

(2) Educational exchanges not 

involving academic study pursuant to a

degree program when those exchanges

take place under the auspices of an

organization that sponsors and

organizes such programs to promote

people-to-people contact; 

§ 515.570 Remittances

[General license]

(b) Periodic $500 remittances 

authorized. Persons subject to the

jurisdiction of the United States are

authorized to make remittances to

Cuban nationals, including, but not

limited to, remittances to support the

development of private businesses,

provided that:

(1) The remitter’s total remittances

pursuant to paragraph (b) of this section

to any one Cuban national do not

exceed $500 in any consecutive three-

month period;

[The above provision will allow  indirect follow-up support to institutions visited via publicly reported donations to responsible staff. Direct institutional support requires a  specific license, see below, and is limited to non-governmental entities.]

(g) Specific licenses. Specific licenses

may be issued on a case-by-case basis

authorizing the following:

(1) Remittances by persons subject to

U.S. jurisdiction to independent non-

governmental entities in Cuba,

including but not limited to pro-

democracy groups and civil society

groups, and to members of such groups

or organizations, or to individuals or

independent non-governmental entities

to support the development of private

businesses, including small farms

OFAC Regulations for Performances, Clinics, Workshops, Athletic and Other Competitions and Exhibitions

http://www.treasury.gov/resource-center/sanctions/Programs/Documents/fr76_5072.pdf

§ 515.567 Public performances, clinics,
workshops, athletic and other competitions,
and exhibitions.

 * * * * *

(b) Public performances, clinics, 
workshops, other athletic or non-athletic 
competitions, and exhibitions. Specific
licenses, including for multiple trips to
Cuba over an extended period of time,
may be issued on a case-by-case basis
authorizing the travel-related
transactions set forth in § 515.560(c) and
other transactions that are directly
incident to participation in a public
performance, clinic, workshop, athletic
competition not covered by paragraph
(a) of this section, non-athletic
competition, or exhibition in Cuba by
participants in such activities, provided
that:
(1) The event is open for attendance,
and in relevant situations participation,
by the Cuban public;
(2) All U.S. profits from the event
after costs are donated to an
independent nongovernmental
organization in Cuba or a U.S.-based
charity, with the objective, to the extent
possible, of promoting people-to-people
contacts or otherwise benefiting the
Cuban people; and
(3) Any clinics or workshops in Cuba 
must be organized and run, at least in 
part, by the licensee.

Appalachian State University May Be First to Use General License

Study abroad opportunity in Cuba

Posted March 3, 2011 at 10:41 am · By ASU News

BOONE—Appalachian State University students interested in exploring photography and printmaking in Cuba have an opportunity to travel to the Caribbean country in June.

Assistant Professor Scott Ludwig from the Department of Art and Dr. Garner Dewey from the Department of Technology will lead the trip June 13-27. The cost is $2,600 plus tuition. For more information, contact Dewey at 262-7337 or deweygg@appstate.edu.

Enrollment is limited. The deadline to apply is March 14.

Designed as a studio-based, travel experience, enrolled students will participate in selected, hands-on workshops in photography and printmaking/mixed-media at renowned studios such as the Taller Experimental de Grafica and Fototeca de Cuba located in Old Town, Havana.

Working with the program directors in collaboration with Cuban artists and master printers, students will develop a thematic body of work based on their personal observations and experiences culled from field work and photo-excursions of the city and surrounding area, such as Pinar del Rio and other communities to experience Cuba’s social diversity.

Students also will visit culturally significant monuments, museums and historical sites such as the Plaza de Revolucion, Habana Vieja, Colon Cemetary, el Capitolio and the Museum of Colonial Arts.

As a capstone experience, selections of the students’ creative work will be featured in thematic art exhibitions in Cuba, at Appalachian and in the local community.

Students will stay in a local “casa particular,” a well-appointed, spacious home owned by private citizens who provide inexpensive accommodations to travelers. Students and trip leaders will socialize and dine as a group with the host families.

http://www.news.appstate.edu/2011/03/03/study-abroad-opportunity/

OFAC Regulations for Religious Licenses

http://www.treasury.gov/resource-center/sanctions/Programs/Documents/fr76_5072.pdf

§ 515.566 Religious activities in Cuba.

[General license, no application or report]


(a) General license. Religious 
organizations located in the United
States, including members and staff of
such organizations, are authorized to
engage in the travel-related transactions
set forth in § 515.560(c) and such
additional transactions as are directly
incident to religious activities in Cuba
under the auspices of the organization.
Travel-related transactions pursuant to
this authorization must be for the 
purpose of engaging, while in Cuba, in 
a full-time program of religious 
activities. Financial and material
donations to Cuba or Cuban nationals
are not authorized by this paragraph (a).
All individuals who engage in
transactions in which Cuba or Cuban
nationals have an interest (including
travel-related transactions) pursuant to
this paragraph (a) must carry with them
a letter on official letterhead, signed by 
a designated representative of the U.S. 
religious organization, confirming that
they are members or staff of the
organization and are traveling to Cuba to
engage in religious activities under the
auspices of the organization.

Note to paragraph (a): U.S. religious
organizations and individual travelers must
retain records related to the travel
transactions authorized pursuant to this
paragraph. See §§ 501.601 and 501.602 of this
chapter for applicable recordkeeping and
reporting requirements. Financial donations
require separate authorization under
§ 515.570. See § 515.533 for an authorization
of the exportation of items from the United
States to Cuba. Exportation of items to be
used in Cuba may require separate licensing
by the Department of Commerce.


[Specific licenses, applied for]


(b) Specific licenses. Specific licenses
may be issued on a case-by-case basis
authorizing the travel-related
transactions set forth in § 515.560(c) and
other transactions that are directly
incident to religious activities not
authorized by the general license
contained in paragraph (a) of this
section. The application for the specific
license must set forth examples of
religious activities to be undertaken in
Cuba. Specific licenses may be issued
pursuant to this section authorizing
transactions for multiple trips over an
extended period of time to engage in a
full-time program of religious activities
in Cuba.

(c) For the purposes of this section,
the term designated representative of 
the U.S. religious organization means a 
person designated as the official 
responsible for overseeing the 
organization’s Cuba travel program. 


Note to § 515.566: Religious organizations
engaging in activities authorized pursuant to
this section are permitted to open and 
maintain accounts at Cuban financial 
institutions for the purpose of accessing 
funds in Cuba for transactions authorized
pursuant to this section.


[It is questionable under Constitutional provisions of separation of church and state that OFAC can define "religious organization" or "religious activities" in any but the most extreme of cases, e.g. an advertized beach holiday by self-professed sun-worshipers.  In the case of a general license, it has to initiate a challenge after the fact and dispute the religious character of a US organization and of its activities in Cuba.]







§ 515.570 Remittances

(c) Remittances to religious 

organizations in Cuba authorized.
Persons subject to the jurisdiction of the
United States are authorized to make
remittances to religious organizations in
Cuba in support of religious activities,
provided that the remittances are not
made from a blocked source and that the
remitter, if an individual, is 18 years of
age or older.

[OFAC will find it difficult to argue that religious activities do not include humanitarian, service, educational and development work of Cuban religious organizations.]

OFAC Regulations for Higher Education Licenses

http://www.treasury.gov/resource-center/sanctions/Programs/Documents/fr76_5072.pdf

§ 515.565 Educational activities.

[General Licenses, No Application or Report]


(a) General license. Accredited U.S. 
graduate and undergraduate degree- 
granting academic institutions, 
including faculty, staff, and students of 
such institutions, are authorized to
engage in the travel-related transactions
set forth in § 515.560(c) and such
additional transactions that are directly
incident to:

(1) Participation in a structured 
educational program in Cuba as part of 
a course offered for credit by the 
sponsoring U.S. academic institution.
An individual traveling to engage in
such transactions must carry a letter on
official letterhead, signed by a
designated representative of the
sponsoring U.S. academic institution,
stating that the Cuba-related travel is
part of a structured educational program
of the sponsoring U.S. academic
institution, and stating that the
individual is a member of the faculty or
staff of that institution or is a student
currently enrolled in a graduate or
undergraduate degree program at an
accredited U.S. academic institution
and that the study in Cuba will be
accepted for credit toward that degree;

(2) Noncommercial academic research 
in Cuba specifically related to Cuba and 
for the purpose of obtaining a graduate 
degree. A student traveling to engage in
such transactions must carry a letter on
official letterhead, signed by a
designated representative of the
sponsoring U.S. academic institution,
stating that the individual is a student
currently enrolled in a graduate degree
program at an accredited U.S. academic
institution, and stating that the research
in Cuba will be accepted for credit
toward that degree;

[Authorization of language study, etc.]


(3) Participation in a formal course of 
study at a Cuban academic institution, 
provided the formal course of study in 
Cuba will be accepted for credit toward 
the student’s graduate or undergraduate 
degree. An individual traveling to
engage in such transactions must carry
a letter on official letterhead, signed by
a designated representative of the
sponsoring U.S. academic institution,
stating that the individual is a student
currently enrolled in a graduate or
undergraduate degree program at an
accredited U.S. academic institution
and that the study in Cuba will be
accepted for credit toward that degree;

(4) Teaching at a Cuban academic 
institution by an individual regularly 
employed in a teaching capacity at the 
sponsoring U.S. academic institution,
provided the teaching activities are
related to an academic program at the
Cuban institution and provided that the
duration of the teaching will be no
shorter than 10 weeks. An individual
traveling to engage in such transactions
must carry a letter on official letterhead,
signed by a designated representative of
the sponsoring U.S. academic
institution, stating that the individual is
regularly employed in a teaching
capacity at that institution;

(5) Sponsorship, including the 
payment of a stipend or salary, of a 
Cuban scholar to teach or engage in 
other scholarly activity at the 
sponsoring U.S. academic institution (in
addition to those transactions
authorized by the general license
contained in § 515.571). Such earnings
may be remitted to Cuba as provided in
§ 515.570 or carried on the person of the
Cuban scholar returning to Cuba as
provided in § 515.560(d)(3); or

(6) The organization of, and 
preparation for, activities described in
paragraphs (a)(1) through (a)(5) of this
section by members of the faculty and
staff of the sponsoring U.S. academic
institution. An individual engaging in
such transactions must carry a letter on
official letterhead, signed by a
designated representative of the
sponsoring U.S. academic institution,
stating that the individual is a member
of the faculty or staff of that institution,
and is traveling to engage in the
transactions authorized by this
paragraph on behalf of that institution.

Note 1 to paragraph (a): U.S. academic
institutions and individual travelers must
retain records related to the travel
transactions authorized pursuant to this
paragraph. See §§ 501.601 and 501.602 of this
chapter for applicable recordkeeping and
reporting requirements. Exportation of
equipment and other items, including the
transfer of technology or software to foreign
persons (‘‘deemed exportation’’), may require
separate authorization from the Department
of Commerce.

Note 2 to paragraph (a): This paragraph
authorizes all members of the faculty and 
staff (including but not limited to adjunct 
faculty and part-time staff) of the sponsoring 
U.S. academic institution to participate in the
activities described in this paragraph. A
student currently enrolled in a graduate or
undergraduate degree program at any
accredited U.S. academic institution is
authorized pursuant to this paragraph to
participate in the academic activities in Cuba
described above through any sponsoring U.S. 
academic institution, not only through the 
institution at which the student is pursuing 
a degree.


[Specific licenses, must be applied for]


(b) Specific licenses. Specific licenses
may be issued on a case-by-case basis
authorizing the travel-related
transactions set forth in § 515.560(c) and
other transactions directly incident to:

(1) An individual’s educational
activities of the types described in
paragraphs (a)(2) through (a)(4) of this
section but not authorized by the
general license contained in paragraph
(a) of this section;

[Seminars, conferences, workshops]


(3) Sponsorship or co-sponsorship by 
an accredited U.S. graduate or 
undergraduate degree-granting academic 
institution of academic seminars, 
conferences, and workshops related to
Cuba or global issues involving Cuba
and attendance at such events by
faculty, staff, and students of the
licensed institution.

(c) Transactions related to activities
that are primarily tourist-oriented,
including self-directed educational
activities that are intended only for
personal enrichment, will not be
authorized pursuant to this section.

(d) For the purposes of this section,
the term designated representative of 
the sponsoring U.S. academic 
institution means a person designated 
by the relevant dean or the academic 
vice-president, provost, or president of 
the institution as the official responsible 
for overseeing the institution’s Cuba 
travel program. 


Note to § 515.565: Accredited U.S.
academic institutions engaging in activities
authorized pursuant to this section are
permitted to open and maintain accounts at 
Cuban financial institutions for the purpose
of accessing funds in Cuba for transactions
authorized pursuant to this section.


§ 515.570 Remittances

[General license]


(b) Periodic $500 remittances 
authorized. Persons subject to the
jurisdiction of the United States are
authorized to make remittances to
Cuban nationals, including, but not
limited to, remittances to support the
development of private businesses,
provided that:
(1) The remitter’s total remittances
pursuant to paragraph (b) of this section
to any one Cuban national do not
exceed $500 in any consecutive three-
month period;

[The above provision will allow follow-up indirect support to institutions visited via publicly reported donations to responsible staff. Direct institutional support requires a  specific license, see below, and is limited to non-governmental entities.]

(g) Specific licenses. Specific licenses
may be issued on a case-by-case basis
authorizing the following:
(1) Remittances by persons subject to
U.S. jurisdiction to independent non-
governmental entities in Cuba,
including but not limited to pro-
democracy groups and civil society
groups, and to members of such groups
or organizations, or to individuals or
independent non-governmental entities
to support the development of private
businesses, including small farms

Holbrook Travel Renews Educational and Natural History Trips

Gainesville, FL (PRWEB) February 21, 2011

The Obama administration announced revisions of travel regulations to Cuba on January 14, after more than a decade of stringent restrictions. The new regulations allow for “purposeful travel” to the country and also included revisions to the policies governing family remittances and regulations on charter flights to Cuba from US airports.

These policy revisions have profound implications for educational travel. New guidelines allow colleges, universities and any higher education institution to organize study programs that are shorter than a semester, as long as the students are degree-seeking and enrolled in a for-credit course. Previously, these study programs were only permitted if their duration was 10 weeks or longer. This type of travel also no longer requires an application to the Department of Treasury or a post-trip report, but only requires a letter from the academic institution supporting the course carried by participants.

The new regulations also allow for “people to people” travel, in which an organization or group travels to the country for the purpose of connecting with Cuban citizens. This type of travel was introduced during the Clinton administration, during which time many nonprofits, civic organizations and cultural institutions traveled to Cuba.

These modifications to the guidelines are big news to companies like Holbrook Travel, a provider that has specialized in this type of educational travel since it was founded in 1974. Planning for programming in late 2011 and 2012 has already begun and the company is developing several additional Cuba expeditions that will highlight sustainable agriculture, natural history, service learning, educational exchange and cultural immersion. The company also offers customized programming for any group or organization that would like to tailor their trip to meet specific educational needs.

“We are particularly pleased to see that university programs will no longer need to apply for a specific license to travel. University programs can now travel with a simple letter from their institution. That is huge. We’re anticipating a substantial surge of programs to Cuba because of the new regulations, so the earlier a group or organization can start planning, the better,” said Andrea Holbrook, president and CEO of Holbrook Travel.

The current regulations still require that travel be arranged through a licensed travel service provider (TSP), a special legal status Holbrook Travel has held since 2001. The company has arranged numerous educational and ecotourism programs in the last decade, and is well versed in organizing travel programs to Cuba.

“People are eager to begin exploring a country that has been off-limits for so long. Many want to see Cuba now – anticipating great changes in the country. Having had the privilege of visiting Cuba many times, I know that these feelings are justified. Things are changing very rapidly there, but it is still one of the most provocative and interesting destinations I have visited. While we hope Cuba will soon be open to any traveler, the upside to the new policies not having gone further is that it will increase the flow of people without totally overwhelming the tourism infrastructure,” Holbrook said. “We really applaud this move to further open travel to Cuba. An open dialogue and exchange of ideas is vital to increasing understanding between Cubans and Americans.”

Holbrook — who has been president and CEO of Holbrook Travel since her mother, founder Giovanna Holbrook, retired — is actively involved in and supportive of travel regulations and programming to Cuba. Holbrook Travel has joined the Cuba/US People to People Partnership, which will offer a website with resources regarding travel guidelines, resources and information for anyone interested in traveling to Cuba 

www.holbrooktravel.com