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In continuation of #11 further reading and analysis of the US Trade Embargo against Cuba can be found on:
http://www.ibike.org/cuba/index.htmHere's one of several articles on ibike.org in regards to travel to Cuba. The below is NOT and DOES NOT constitute legal advice nor does it substitute for one from a competant legal counsel in this area of law. Therefore, further advice shall be sought with competent legal counsel PIROR to travel to Cuba if one so chose to go without licence. The poster, ibike.org, and Lonely Planet shall NOT be held liable for the content below nor its accuracy and is used on an 'as is' basis. The poster, the sponsors at ibike.org and Lonely Planet does NOT advocate violation of federal law. So if you chose to violate federal law you do so at your risk.
Here is what is posted
http://www.ibike.org/cuba/ofac/cuba-return.htmReturning from Cuba(The following does not constitute legal advice. Although we strive to provide quality information, we make no guarantees, claims, or promises about completeness or adequacy of the information provided. Legal advice must be specifically tailored to individual situations, and laws are constantly changing. Nothing contained herein substitutes for consultation with a competent legal counselor).
If you are under United States (US) jurisdiction (a US passport or green card holder) and travel to Cuba without a license, the sticky point is when you return to the US. Returning to the US by air, you must complete a card where you are required to lists the countries you have visited. Prior to the Bush administration, people could admit that they went to Cuba and most breezed through US customs. Some were asked if they have Cuban goods and a verbal declerationwas usually sufficient.
Friendly-treatment still happens some customs agents say nothing. But it is now more likely that you will receive scrutiny. Some officers give a little lecture, others search bags for rum, cigars and other souvenirs to confiscate, sometimes passports are copied and notes taken, and sometime visitor to Cuba are treated like they are on the FBI's "Ten Most Wanted List". The interrogators can be belligerent and intimidating, you won't be told that you have any rights, like the right to remain silent and not incriminate yourself -- as guaranteed by the 5th Amendment to the U.S. Constitution. These guys have training and practice at this. If you try to exercise your rights be prepared for hostility, threats and retaliation such as long baggage searches. You may feel like you are returning to a heavy-handed, non-democratic country. But despite all the theatre, you won't be denied re-entry, you won't be arrested and the harassment doesn't mean you will have to pay a penny of fine!
When you enter the U.S. you will have to fill out a white card asking a few question about where you went and the value of goods you are bringing back. Legally, to avoid perjuring yourself, it's best to list that you visited Cuba and all the other countries you transited through, and to be able to say the value of items you are returning from Cuba with is zero dollars. If asked about a license, your best position is to explain how you qualify for a general license or to the extent you can emphasis that you participated in an educational people-to-people program. If asked for information beyond the details covered on the custom's form you should try to refuse to give self-incriminating information and say you have been advised by counsel to not answer any further questions. The customs agents may tell you to fill out an OFAC form that asks for the details of your trip and expenditures. Legally there is probably a limit to how much US government can compel you to tell them about how much you spent for any portion of your trip, who you met, who you travel with, who you did business with, etc. If you intend to refuse to answer their questions and fill out the forms, expect to be searched by a cross customs agent. You are advised to not carrying any paperwork, receipts or goods that identify or indicate any expenditure in Cuba. Without a license, any goods of Cuban origins, regardless of where they were bought, are subject to seizure and can be used as evidence that you had transactions with Cubans. The interrogation and search may be the last you hear from the government. Or several months later the ugly beast might rear its head again.
People under U.S. jurisdiction sometimes take advantage of the fact that they can travel to and from Mexico using a government issued photo ID and proof of citizenship. They still need a passport to enter and leave Cuba. Returning to Mexico, they bury their passport and any evidence that they visited Cuba. When they re-enter the U.S. they use a photo ID (i.e. driver's license) and proof of citizenship (i.e. birth certificate, naturalization papers, green card).
Rough approximation of OFAC Interrogation Form, with comments in (parenthesis)
1) Did your trip qualify for a general license?
2) Do you have a specific license?
Interview Questionnaire:
Date: _______________ Time: ____________ Port of Entry: ________
Name: ______________ Date of Birth: _________ SSN ______________
Address: ______________________________________
Passport #: ____________ Country: _______________
Home & Work telephone numbers
1) Specific travel dates to/from Cuba?
It is not illegal to travel to Cuba, but OFAC seems to have formulas on how much you should have spent for each day you stayed in Cuba, even if they have no evidence.
2) Purpose of trip?
Either a category of general license, or people-to-people, education, religious, cultural/sports, humanitarian are recognized categories, but require a specific license3) How did you traveled to Cuba?
A. Name of Airline: (It is not illegal to do business with or to travel on Mexican (Aero Caribe), Canadian (Air Canada), Jamaican (Air Jamaica) or other non-Cuban owned airlines (GrupoTaca, Copa Air, AeroPostal, etc.)
B. Who paid for airline tickets? (If you traveled on a legal airline it doesn't really matter if you paid for your ticket, but OFAC makes its own rules and may misuse the information.)
C. If someone else paid for the ticket, provide name and mailing address: (Again, if it is a legal airline it should make any difference, but it looks more like a "fishing expedition" or "witch hunt" than constitutionally sound question.)
D. How was payment made? (Assuming it's their business, cash or money order would be good methods.)
E. Airline receipts? (If you travel on a legal airline it doesn't really matter, except that OFAC may misuse the information.)
(The rest of the questions attempt to focus more on what transpired in Cuba, so you will want to be much more careful about your answers.)
4) Provide the names and location of all hotels or places of lodging?
http://OFAC wants to use names of lodging as a proxy for you having spent money. If you are part of a group program there is no reason you would have taken notes on all of this. Further more, in that OFAC is likely to miss use any information you provide to incriminate you, you might want to invoke your 5th Amendment rights.5) How much money did you spend on: Food Hotels Transportation Merchandise Entertainment Expenses
(If you haven't already this would be a good time to invoke your 5th Amendment rights.)
If you claim that someone else paid for all expenses in number 5, who paid your expenses? (If you claim the 5th above you would answer this.)
List all Cuban merchandise purchased that you are carrying?
(Ideally nothing.)
6) Any receipts? (Ideally none.)
7) Provide names, etc., for any entity that assisted in arranging your travel:
(Because the question could include information you got from a website or Lonely Planet publication and clearly legal portions of your travels that had nothing to do with Cuba, it is part of OFAC's fishing expedition and witch hunt. It is probably overbroad, but there will be no judge there to raise an objection to.)
How much did you pay? (re they asking about for the taxi to your home town airport, the tip to the porter, air plane ticket to an connecting city, etc. The question is probably overbroad.)
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"Things that make you go hmmmm"