stamped my passport in Havana

How do you "fake your way through" answering where you went, and how long you were there, when the CBP officer is holding your passport containing 2 Mexico entry stamps, 2 mexico exit stamps, and at least one Cuba stamp? And why would you want to? Lying to officers is a felony. Visiting Cuba is something they haven't prosecuted in many, many years.

Lying on official documents and then lying when asked routine questions about a trip, when the officer is simultaneously holding proof that you are lying, are not smart.

This was a frequent topic of discussion in the past, but it's a different discussion when a US unlicensed traveler actually has a stamp in the passport that specifically identifies Cuba. Without a stamp there was no reason to list Cuba on the customs declaration form or volunteer that the traveler had been to Cuba. It is certainly more problematic if there is a stamp.

The statute that Matt mentions is 18 U.S.C. 1001 which says:

whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—. . .
(2) makes any materially false, fictitious, or fraudulent statement or representation; . . .
shall be fined under this title, imprisoned not more than 5 years

About 7 years ago we had a three page thread debating whether failing to list Cuba on a customs declaration form was a violation of this statute. I personally think it is, but I also know that the chance of a person getting prosecuted under this statute for failing to list Cuba really is "close to zero." But even if the chance of prosecution is slight, it doesn't give much guidance about what a traveler with a Cuba stamp in his/her passport should do.

I think the best course is the one I suggested. List Cuba and if questioned say you thought that it was no longer illegal to travel to Cuba. You are probably going to be let off with a warning, but at worst you are looking at a minimal fine if the CBP officer decides to report the trip to the OFAC and they then decide to pursue a civil violation.

I agree that the problem is compounded if the officer believes you were trying to conceal the trip. The officer's opinion about how you responded to his questions would be included if he decides to report the incident to the OFAC. It could also factor into how the OFAC chooses to proceed.

Again I think the likelihood of anything more than a few disquieting minutes at immigration is slim, but this is not something that should be treated in a cavalier manner.

Good luck and do report back.

I wonder what happened to the OP. Gulag?

Please, let us know how you made it on return! I'm really terrified - have all reservations but hesitating to go now.

Terrified of what?

I don't think there is anything to be terrified about. Surely you were aware when you booked your trip that tourist travel to Cuba has been prohibited for more than 35 years.

The regulations and the laws still exist, but they have not been enforced for at least 6 years. What is new is that Cuban immigration is reportedly stamping passports with an identifying stamp.

My personal opinion is that stamping won't result in a step-up in enforcement. I believe the safest course is list Cuba on the Customs Declaration form and if asked say you thought the laws had changed. I think the worst you get is a little hassle when you enter the US.

I think that Cuba's decision to stamp passports is pretty shrewd. Previously, they didn't stamp American passports, presumably in order to assist American tourists who wanted to surreptitiously visit Cuba and spend money there and the return to the US without it being detected.

After six years of no enforcement against American tourists, Cuba is now stamping American passports, because Cuba has concluded that nothing is going to happen to those tourists either, whether or not they declare the trip when the re-enter the US. Word is slowly going to get out that Americans can visit Cuba openly, you don't have to sneak in and out. That will only help Cuba tourism.

Is Cuba now stamping to be smug to Uncle Sam or at the request of US CBP in tracking the number of Americans visiting under the new permits as well as independently, possibly to open up travel in the future. Although important to us, I think either way, it is inconsequential to the main issue in this post. What I am astounded by is that scores of travelers who post and read here aren't saying anything, including the original poster of this thread. The conspiracy theorist in me says that the infraction gets an official look the other way but the warning conversation with the border agent is "don't tell anyone because we can find out who you are" (i.e. we check online postings and we will track you down) (real or not). They want forum typing fingers silent because flood gates on travel would open if more people weren't scared like me and travel2caribbean. I hope someone can prove this right or wrong.

Boots: I would bet the farm there is no coordination between Cuban Immigration and US CBP.

I also would bet there is no conspiracy because no one really cares. People who are traveling to Cuba without license want to believe they are some special situation that many are interested in. It just ain't so. The US government checking on line posting about who is traveling to Cuba illegally? Be aware of OFAC's limited resources and what they are responsible for. Are they going to track millions of dollars going to terrorist groups in the middle East or some tourist going to Cuba? Get real, you are of no importance. Remember the vast majority of Americans who travel to Cuba do so legally. Many of those who do travel illegally have done so numerous times and know it is not a big deal.

Personally, I have not responded in spite of being an American who travels to Cuba 4-5 times a year because I do so with OFAC license. I really do not have any personal experience about traveling from the US to Cuba illegally.

The conspiracy theorist in me says that the infraction gets an official look the other way but the warning conversation with the border agent is "don't tell anyone because we can find out who you are" (i.e. we check online postings and we will track you down) (real or not). They want forum typing fingers silent because flood gates on travel would open if more people weren't scared like me and travel2caribbean.

The rationalist in me would bet Bob's farm (he's richer than me) that there is no conspiracy. If the US government wanted to close the floodgates (which opened several years ago BTW) they would not be reinitiating prosecutions for illegal travel to Cuba. That there has not been even a single minimal fine in more than 6 years says it all.

The historian in me leads to the report that many USAers over the years on a variety of fora such as this one HAVE reported dealings with US immigration on arrival when it was clear that they had travelled to Cuba and again not a single report of bureaucratic follow up. Rarely have such travellers had their bags searched by customs even after declaring travel to Cuba on the arrival form.

Most paranoia comes from posters with few posts who pose the question of "what if" and as with such posters on other topics don't bother to come back to report their experiences because their paranoia was not realised..... not because they promised not to tell LOL!

BTW one correction the recently widely reported practice of stamping passports has been of all or more accurately most passports of all nationalities so not a change specifically aimed at USAers so goodbye to that aspect of the conspiracy theory also.

PS as I enquired non rhetorically earlier "terrified of what"? The OFAC annual reports are quite specific not a single prosecution for travel to Cuba in more than 6 years. And note even prior to this fines were of the parking infringement variety.