TRAVEL
BAN ON CUBA TIGHTENED:
WHAT YOU SHOULD KNOW
On March 24, 2003, the Treasury Department’s Office of Foreign Assets
Control (OFAC) announced amended regulations on travel to Cuba from the
U.S. Though OFAC accepted comments on the regulations until May 23, 2003,
there is no formal review process and the regulations go into effect with
no real congressional oversight.
People
to people travel category eliminated
The new regulations eliminate non-degree related educational travel
to Cuba: the 2nd largest license category of travelers, which combined
non-credit educational activities with people-to-people contacts. People-to-people
travel was licensed by the previous administration, with the belief
that such contacts between the two nations would promote American democratic
ideals; this travel policy toward Cuba was modeled after the successful
exchanges that took place between the former Soviet Bloc and the United
States years ago.
- Specifically,
the new regulations abolish section 515.565 (b)(2) of OFAC’s
Cuban Assets and Control Regulations. Effective March 23rd, “…specific
licenses will no longer be granted to sponsor people-to-people educational
exchanges to take individuals under their auspices on educational
trips to Cuba unrelated to academic coursework.” (OFAC Report
for Congress, updated April 22, 2003) The new OFAC regulations will
be a major setback for universities, non-profit orgs, professional
associations, museums, religious groups, American businesses, continuing
education programs, etc.
Cuban
American restrictions eased
The new regulations eased restrictions on the largest category of travelers:
Cuban Americans. The definition of a close relative was broadened and
the amount of cash remittances a Cuban American may carry to Cuba rose
to from $300 to $3,000. The per diem spending limit for Cuban Americans
was lifted entirely. Effectively, OFAC has eased conditions under which
Cuban-Americans may travel and has narrowed them for most others. This
leniency arises from the fact that a majority of Cuban Americans now
support lifting the travel ban. Still, many Cuban Americans complain
that getting permission for more than one visit--even in extreme cases
like death in the family--is too cumbersome and cruel; often these visitors
return home illegally, through third countries.
New
regulations endorse trips with a political agenda
Also, the new regulations added language about approved humanitarian
trips, endorsing only those with a political purpose. The definition
of ‘humanitarian’ is now more defined as specifically supporting
dissident groups working toward a transition in Cuba.
Rationale and implications of the OFAC changes
Taylor Griffin, a Treasury Department spokesman, told the Stanford Daily
(May 12, 2003) that the people-to-people category “undermined the
intention of the U.S. sanctions against Cuba, which are to deprive the
Castro regime of the financial wherewithal to continue to oppress its
people."
Yet, loosened
restrictions on Cuban American travel and remittances insure an increase
in hard currency flow to the island. Thus, many analysts argue that
the regulations changes amount to little more than cosmetic political
payoff.
According
to an analysis by the Lexington Institute, a conservative Arlington,
VA-based think tank, “the [Bush] administration has taken no enforcement
actions against Cuban-Americans for violations of travel or remittances
rules…[however], the treasury penalizes hundreds of other Americans
for travel violations every year. The new OFAC policy is discriminatory;
it allows the administration broad discretion (and makes it lack transparency),
and frankly shows little logic in dealing with the Cuba issue. Ironically,
the new policy is hurting those who need it most.”
Effects
on the Cuban people
Restricting people-to-people travel will have a grave effect on the
Cuban people and their quality of life. Castro’s own failed economic
policies, exacerbated by tough US sanctions, have made it increasingly
difficult to survive on the average Cuban income ($15 USD/month). As
Cuba turns increasingly to the dollar, the Cuban people are faced with
the dilemma of how to get dollars in order to pay for scarce medications
and food. More tourists translate into more private gain for the Cuban
people (i.e. through private dining/room renting, venture wages -- usually
conducted in USD$). These dollars can then be used to supplement meager
food rations and an inadequate peso salary. Therefore, people-to-people
travel has taken on a crucial role in empowering Cuban individuals financially,
making them less dependant on the state, and introducing them gradually
free-market enterprise.
Citizen
diplomacy
Many Americans and pro-democracy Cubans alike argue in favor of “Citizen
Diplomacy” as the best method of encouraging democratic regime
change in Cuba, asserting that “the best way to promote positive
openings in a society is to interact with it.” The Cuban people
are hungry for news from the outside world, particularly from the United
States. No matter their politics, they are eager to talk to Americans
in their streets, who provide Cubans with an alternate source of information
to the State run media, and the opportunity to learn from a much more
diverse range of opinions. An American presence in Cuba will develop
ties between the two nations, provide Cubans with access to information
and debate, reinforce among them the benefits of democratic leadership,
and ultimately, will loosen Castro’s influence and control.
- Benefits
of engagement to the US economy
Travel: Proximity to the US and its Caribbean appeal make Cuba a natural
gem for American travelers. However, because of the travel ban, American
tour groups, airlines, hotels and other service providers are banned
from the Cuban tourism market, one of the fastest growing in the world.
Particularly important in the weakened post-9/11 travel industry,
service providers are anxious to profit from this market and reverse
the losses suffered from our ailing economy.
- If
the travel restrictions on Cuba were lifted, "U.S. economic output
would expand annually by $1.18 billion to $1.61 billion over time.
This expansion would create from 16,888 to 23,020 new jobs."
[Source [pdf]: The Impact on the U.S.
Economy of Lifting the Restriction on Travel to Cuba, a 2002 study
by the Brattle Group]
Does
OFAC have the right to eliminate people-to-people?
The Trade Sanctions Reform Act (TSRA) of 2000, introduced by Rep. Jo
Ann Emerson, codified into law 13 categories of travel to Cuba –
one of which was the “people-to-people” category. By proposing
these new regulations, OFAC “overstepped its authority in eliminating
that category,” claimed Emerson at a May 14th press conference.
She maintains, “Congressional intent was to expand travel to Cuba,”
and alleges that the executive branch (OFAC) has stepped into legislative
jurisdiction - the interpretation and enforcement of law. Therefore,
OFAC proposals to change legislation should be considered invalid.
What can be done about it
Given that the regulations changes have already gone into effect, there
is little to be done except to press for a full congressional repeal
of the restrictions, as codified under TSRA. Many grassroots organizations
and educational institutions have appealed to their local and national
elected officials to press for travel to Cuba. Activists also play an
important role in educating their local community about the benefits
of travel to Cuba by writing articles for newspapers or holding seminars
on Cuba in community centers and universities.
Congressional
initiatives and how you can support them
The congressional Cuba working groups announced bicameral, identical
legislation to eliminate the travel ban at a May 14th press conference.
- The
bipartisan Senate bill (S 950), “The Freedom to Travel to
Cuba Act,” was introduced Apr. 30, 2003 by Senators Enzi,
Baucus and Dorgan. The bill now has 24 co-sponsors.
- The
bipartisan House bill (HR 2071), “Export Freedom to Cuba Act,”
was introduced May 13th by Representatives Flake (R-AZ) and Delahunt
(D-MA). Now more than 60 Representatives have signed onto the bill.
Call your
U.S. senators and representative and encourage them to cosponsor these
bills. Most offices will only challenge President Bush on this issue
if they are hearing from constituents who favor travel to Cuba.
Want to learn more about the history and legality of the U.S. travel
ban to Cuba?
Has
your license to travel to Cuba been denied? Or have you been affected
by the recent change in regulations?
- Write
to the offices of Senator Max Baucus (D-MT) or Representative Bill
Delahunt (D-MA); their offices are keeping a running total.
To
view the full report released by the Office of Foreign Assets Control
on the latest guidelines regulating travel to Cuba, visit the following
website:
- Http://fpc.state.gov/documents/organization/20244.pdf
