 |
|
 Unlicensed
Travel to Cuba
|
|
Latest on the Bush Crackdown on Unlicensed Travel to Cuba
Advice: Give No Information and Pay No Fines!
This past summer there was a near avalanche of news reporting on the harsh
crackdown by the Bush Administration on Americans who travel to Cuba without
licenses. The new enforcement policy is being carried out by the Office of
Foreign Assets Control of the Department of the Treasury (OFAC). Typically
OFAC takes one of two actions: 1) a "Requirement to Furnish
Information" letter to the traveler demanding information on the
traveler's suspected unlicensed travel to Cuba; or 2) a "Pre-penalty
Notice" mailed to the traveler assessing a civil fine--often $7500 and
based on OFAC's determination that the traveler spent money in Cuba without a
license. The "Pre-penalty Notice" gives the traveler 30 days from
the date of the letter to pay the fine or request an official hearing.
Everyone should know that they should refuse to give the self-incriminating
information demanded in 1) above, and in the case of 2) above, they should ask
for a hearing well within the 30 day period. There are form letters below
prepared by the National Lawyers Guild for response to OFAC: one for 1) above
in which the traveler refuses to give self-incriminating information; and
another for 2) above in which the traveler requests a formal hearing.
If the record of the past five years is any guide, after a hearing is
requested OFAC will then file away the case because no appeals hearings have
been held, nor have any judges been appointed to hold such hearings. Through
the date of this posting, October 29, 2001, the legal processing of all such
cases has stopped at that stage, and therefore no fines have been imposed when
the request for hearing was made on time.
Letters recommended by the National Lawyers Guild:
1) For response to an OFAC "Letter of "Requirement to Furnish
Information"
[DATE]
U.S. Department of the Treasury
Office of Foreign Assets Control (OFAC)
Attn.: Mr./Ms. ______________________
1500 Pennsylvania Avenue, N.W. (Annex)
Washington, D.C. 20220
FAX: 202 622-0447
Re: [INSERT YOUR NAME] (OFAC #CU-[INSERT "CU" NUMBER FROM OFAC
LETTER TO YOU]
Dear Mr./Ms. _______________________:
This letter is in response to your "Requirement to Furnish
Information" letter to me, dated (INSERT DATE OF OFAC LETTER TO YOU] and
received by me [INSERT DATE YOU ACTUALLY RECEIVED THE LETTER]. For the reasons
stated below, I respectfully decline to respond.
OFAC’s regulations of transactions incidental to travel, and OFAC’s demand
for information pursuant to such regulations are a violation of the rights of
U.S. citizens to travel abroad, to seek information through foreign travel
relevant to public issues, and to exchange information and views with foreign
persons, all as guaranteed by the First and Fifth Amendments to the
Constitution of the United States.
Furthermore, OFAC’s regulations regarding transactions incidental to travel,
and OFAC’s demand for information pursuant to such regulations constitute
discriminatory enforcement of the laws on the basis of national origin and
political viewpoint, in violation of the First and Fifth Amendments to the
Constitution of the United States. The imposition of any penalties is also
discriminatory. Such conduct is arbitrary and capricious and in violation of
the Administrative Procedure Act. In this respect, it is noted that
substantial numbers of Cuban-Americans and others travel to Cuba with the
knowledge of OFAC, in apparent violation of the Cuban Assets Control
Regulations, but without consequence.
Furthermore, with respect to any further communication, I assert my privilege
against self-incrimination under the Fifth Amendment to the Constitution of
the United States.
Sincerely,
Signed_______________________________
------------------------------------------------------------------------
2) For response to an OFAC letter of "Pre-penalty Notice"
(DATE]
R. Richard Newcomb, Director
Office of Foreign Assets Control
U.S. Department of the Treasury
1500 Pennsylvania Avenue, N.W.
Washington, D.C. 20220
Re: Pre-penalty Notices to [INSERT YOUR NAME]FAC No. CU-[INSERT "CU"
NUMBER FROM LETTER RECEIVED FROM OFAC]
Dear Mr. Newcomb:
This letter is in response to the above-referenced Pre-penalty Notice dated
(INSERT DATE OF PRE-penalty NOTICE], which was received on [INSERT DATE NOTICE
RECEIVED]. I deny each and every allegation in the Pre-penalty notice and
request an agency hearing in Washington, D.C. with respect to the imposition
of any penalty.
In connection with our above hearing request, I submit the following
pre-hearing discovery request:
1. All documents in your files pertaining to this matter, including, but not
necessarily limited to: Any records or evidence of the allegations made in the
Pre-penalty notice;
2. Any correspondence or communications received from members of Congress
within the past year which are related to OFAC’s enforcement of regulations
pertaining to Cuba and OFAC’s response to said correspondence or
communications;
3. A summary of penalties assessed and/or collected from Cuban Americans in
the past five years for violation of the regulations limiting such persons to
one family emergency trip to Cuba per year; and
4. A summary of penalties collected from persons subject to OFAC regulations
pertaining to Cuba other than Cuban Americans in last five years.
This discovery request in ongoing, and will be supplemented from time to time
as needed.
Signed_______________________________
No one should be intimidated by the government's unconstitutional campaign
against Americans' right to travel where they want, and everyone should know
of the legal assistance program offered jointly by the Center for
Constitutional Rights and the National Lawyers Guild. The program is called
"Wall of Lawyers," and it is designed to assure legal assistance to
any traveler to Cuba who suffers harassment from immigration officials or
receives letters from OFAC as described above. In addition to using the Guild
form letters, travelers can call the CCR at 212-614-6464 for assistance. CCR
will either take your case or will arrange for a Guild lawyer to help you.
General Info on Travel by Americans to Cuba Common belief holds that
U.S. citizens and permanent resident aliens (Green Card holders) are forbidden
by law to travel to Cuba. This is not true. The applicable legislation is the
Trading with the Enemy Act under which the restriction is not on travel but on
spending money in Cuba. Thus Americans who sail to Cuba in regattas or who
bring their fishing yachts to participate in tournaments are not breaking the
law simply by entering Cuban territorial waters. Of course one can practically
equate the ban on spending money in Cuba to a travel ban because in normal
circumstances a visitor must spend money on accommodations, food and other
necessities.
Exceptions to the ban on spending money in Cuba are allowed by licenses issued
by the Office of Foreign Assets Control (OFAC) of the U.S. Treasury
Department. Those interested in reading the official policy regarding travel
by U.S. citizens to Cuba can view the appropriate documents at the web sites
of the Departments of State and Treasury. General licenses, which do not
require individual permissions for visits, are issued by OFAC for certain
categories of people like journalists employed by a recognized media
organization. Others who are "fully hosted," meaning that they are
invited and their expenses are paid by a non-U.S. host individual or
organization, may also visit without an individual license. Some institutions
also have licenses that cover anyone they authorize to use their license for
travel in keeping with the terms of the license. Those not in the general
license categories or not traveling under an institutional license must apply
for a specific license and expect a waiting period. No one should expect to
get a license to visit Cuba out of curiosity or for tourism, and there is no
point in applying. However, we can help groups get coverage by an
institutional license for people-to-people, humanitarian, religious and other
approved purposes. And if you want to come without license, you will find
information below that shows some of the ways to get around the legal
impediments to visiting Cuba.
----------------------------------------------
Last Frontier Expeditions & Safaris
|
|
