Hi folks and thanks to the regulars for all of the great information on here.
I've read through as many of the threads as possible for advice on how to handle re-entry into the US but I'm left with one question: Several folks mention being more afraid of perjuring themselves, by not admitting to having been in Cuba, than of penalties by the OFAC. As far as I can tell the OFAC deal is, at most extreme, a fine. So what's the penalty/punishment with perjury? What would happen, or has happened to anyone, who only writes down Mexico, for example, on their Immigration form but then is discovered to have actually been in Cuba?
OK, and one more question, while I'm here: Has anyone traveled recently who may be on a watch list/ political activism list? I'm just curious if the same kinds of flags as the frequent travelers have come up.
Thanks again for all the useful and entertaining responses!
Well first of all, it's NOT perjury. Perjury is lying under oath, usually in a court proceeding or deposition. At a Customs checkpoint (in the USA) you're only required to answer the questions posed to you. If they don't ask a direct question, you have not lied. And if they do directly ask, you politely tell them to "pisss off" because you are under no obligation to tell them where you have been or what you have been doing. You are seeking admission to the USA, not being grilled in a search for alledged offences. Also, you can take the 5th and simply state that you are under no legal obligation to provide any information that could or might be used against yourself in any proceeding, criminal or civil. You have rights against self-incrimination.
Also check out this link to the National Lawyers Guild (NY, NY) and their Cuban Subcommittee.
National Lawyers Guild Cuban Subcommittee
Do a bit of reading and know your rights.
I recently cleared customs and immigration in LA after a 3 month trip thru Cuba, Central and S. America. On the arrival card you are asked to list the countries you've visited. I listed the 10 or so countries I had visited including Cuba although I sort of "buried" Cuba in the middle of the list. The Immigration Agent read the card and then said, "Welcome back to the States."
The Customs Agent read it and said, "Wow, that must have been a wonderful trip" to which I concurred.
I will always wonder if it would have been a different story if I had only been to and listed Mexico and Cuba. FWIW.
I've posted journals & a few photos from my first few days in Cuba at:
See February Entries for Cuba Visit
I'll post more as time permits.
Jim I enjoyed your linked blog - was the restaurant in Camaguey where you ate the stew situated in Plaza del Carmen?
Cheers
john
There is a catch-all federal statute that makes it an offense punishable by up to five years imprisonment to knowingly and willfully make a materially false, fictitious, or fraudulent statement or representation on any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States. This law applies not only to written statements and representations on applications and official documents but also to informal unsworn oral statements made to federal officers. It is not perjury but it sweeps a lot wider. That is the reason the National Lawyers Guild and other legal groups that are involved in the CACR issues advise not to answer oral questions and recommend listing Cuba on the Customs Declaration form. This article discusses applications of the statute.
18 United States Code 1001
I have never seen a report of the law being employed in the case of an unlicensed tourist traveler to Cuba.
18 United States Code 1001 should be reversed so that:
LYING BY FEDERAL OFFICIALS TO THE PUBLIC IS A FELONY.
Lying to federal officials by the public should not be the crime.
With no offense intended towards #1, he is a Canadian and not really in tune or knowledgeable concening US laws, statutes, or procedures.
John,
No, I believe it was on Republica, perhaps Bodegon Don Cayetano behind the Church of Our Lady de la Soledad.
Jim
#5
Than there is the question whether 'forgetting' to write a country you visited on the customs form is qualitatively equal to making a willfully wrong statement, i.e. lying. I suspect it isn't. Or lots of seniors would be in jail.
And even if you did go to the island and 'forgot' to mention it, they will have to prove you actually were there and for that they need hard evidence. So if you're cautious, don't carry anything compromising items and keep your mouth shut - what exactly can they do? Even under a semifascist regime like King George's, aside from bluster and bullying probably not a lot.
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