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Lets get to your first question right away- Is it legal for US citizens to travel to Cuba? Yes, see more below.
Between the cities, countryside and dazzling Caribbean coast there is lots to love about Cuba. Our adventure combines Cuba’s old-world charm with some seriously scenic vistas in a jam-packed itinerary. From historic cars to fragrant cigars, and with plenty of rum and rumba in between, this adventure will take you into the heart of all things Cuban. You dom't want to miss this trip.
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"Tourist Vacation" vs "Meaningful Visit"
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You’ve heard that tourist travel to Cuba is illegal for US travellers, and that’s true, but that doesn’t mean you can’t visit Cuba. You just have to fit your “tourist” travel under one of the 12 categories of general license so the Office of Foreign Assets Control (OFAC), the embargo enforcers, know that your time in Cuba has a “meaningful” purpose.
Who do these rules apply to?
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US citizens living in the US or abroad
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Foreign citizens living in the US
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Foreign citizens transiting through the US
No Prior Approval Needed
None of the general license categories require any prior government approval, if you follow the rules of the license you selected, you are automatically considered “authorized”. No one category is more “legal” than another.
You just need to be able to state your category to any one that asks (e.g. the airline or a border agent) and document what you do and spend while in Cuba. You must save the documentation for 5 years. We also recommend that you carry an affidavit with you, because sometimes it helps to show paperwork even if it’s not required. If you are on a tour with us, we will send you an affidavit.
The general license is not the same as the tourist card/tourist visa which is a requirement of the Cuban government.
Support for the Cuban People (SCP) is the easiest category to qualify under.
General License for Support for the Cuban People (SCP) (515.574)
This is the best category for tourists taking tours, cruises, or traveling independently. Here is a summary of the 5 requirements:
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Use privately owned businesses (e.g. private restaurants, private shops, private taxis, etc.)
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Stay in privately owned accommodations. Staying in hotels is not permitted if they are on this prohibited accommodations list and with few exceptions, every hotel is on the list.
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Maintain a full schedule (considered 6-8 hour daily) of meaningful interactions that:
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Avoid transactions with Cuban Government entities on this Prohibited List. For tourists the most important entities to avoid are the hotels and shops listed. For example, most 5-star hotels are prohibited so you wouldn’t want to make purchases there.
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Document your activities and transactions in a ledger or travel journal and maintain the records and receipts for 5 years
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With SCP you are not required to be on a tour, but it is highly recommended because time spent with our local tour guides counts towards “meaningful interaction” and “promoting independence”. A guide will help you engage more with the culture and people and avoid the hassles and frustrations that independent travellers face. Cuba is safe, but not easy. Besides, even our customers who insist they are “not-a-tour-person” say our tours are really fun!
That’s it! Do all this and you’re traveling legally to Cuba.
Don’t expect any problems leaving or returning to the U.S. very few people are ever questioned about their trip to Cuba or their general license. If these rules start being enforced it will be done by the Office of Foreign Assets Control after you are back home, not by Customs and Border Patrol. The punishment for violation, which hasn’t been levied in many years, is a fine. You will not be prohibited from entering the US, put in jail, or have your passport revoked.
Want to go straight to the source? Read the OFAC's examples of SCP activities and the OFAC FAQities and the OFAC FAQ
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