What is required for "Support for the Cuban People"?

[Ryan]

I have US friends regularly asking me about travel to Cuba. I tell them that currently the "Support for the Cuban People" license to travel is still available.

They ask what does this mean, what do they have to do.

I tell them that staying in a casa particular, eating at privately owned restaurants, and hiring private tour guides/drivers and seeing some events should cover them. I usually give them a contact for casas, a list of about 30 decent places to eat, drink and dance (most of which are privately owned or operated) and some tour guide contacts.

My question is, what is currently required for the Support for the Cuban People License?

That is, what is a "Full Itinerary"? How many hours per day should be taken up with "Support"? For example, I would guess that buying an issue of "Granma" from a street vendor counts as "Support" but how to prove that?

What evidence/receipts should be kept (regardless of whether they are asked for or not), and how long should they be kept for?

Has anyone here ever had this conversation with a US agent with responsibility for answering these questions?

Thanks for any info.

[Corylax18]

I searched, but Couldn't find the OFAC page with the exact requirements. Most CBP agents know less than the traveler, they cant memorize every set of rules for every country in the world. The OFAC website should be the best place to get this info, but its not easy to find what you're looking for. 

A "Full Itinerary" is 8 hours a day, with the proper backup. Drinking and dancing are not on the list of "approved activities" Neither is going to the beach, site seeing, shopping or anything that can be construed as a "tourist activity." Buying an issue of Granma doesn't help, Granma is owned and published by the communist party, buying it would put money directly in the governments pocket, not "the people."

Most organized tours spend time working at shelters and medical clinics, assisting with repairs and upgrades to peoples homes as well as volunteer work at Churches. To my knowledge, there is no bullet pointed list of what is and isn't approved under any of the different categories. 

All documentation, such as receipts, booking confirmation, photos/video should be kept for 7 years from the end of the trip. 7 years is essentially the "Statute of Limitations" and the Government wont investigate travel after that time period has elapsed.

Having said all that, 1 US citizen has been prosecuted for travel to Cuba. 1, of the millions that have travelled to Cuba in the past 50+ years. And that one case takes some digging to find.

The Office of Foreign Asset Control had, at last count, 222 employees. Who are tasked with tracking and enforcing ALL of the Financial/economic embargoes that the U.S. has placed on counties around the world. Russia, Iran, DPRK, and Venezuela are all higher priorities(and higher $$ amounts) than lowly little Cuba. 

I copied a link to the state department page on Cuba Travel, it isn't an exhaustive list, but its a good start and there are plenty of links to additional info. 

https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/Cuba.html

[dshot]

Went in June under the "Support For The Cuban People". Receipts ha! That will be hard to come by. I did stay at a Airbnb Casa Particular for most of my trip who worked at the Partagas Factory - He scores the very best singles because he knows all the rollers. 6-8 Hours per day is what we where quoted that includes getting to and fro. We did artist owned art galleries talked to them - bought some artwork, talked to musicians - someone that was in our group played music with them, eat at locally owned places, tour farms, hired a local driver, donated clothes and supplies to some families kids. Wrote down our itinerary each day. It's definitely not a sit at the hotel and smoke cigars by the pool kinda trip to fill up your visa. I'll say this no one questioned me coming back into the US to Miami. Customs just ask where I was coming from and that was it. I just kept my written log plus pictures and any receipts I could get. It will be hard to get full coverage of receipts - you're traveling with cash only just remember that - people writing things down on a receipt isn't typically for all Cubans. 

[Ethernut]

Whats required? Check the box and don't worry about it. (seriously) Pretty much it. Of course, @Corylax18's response is more eloquent. 

[Chas.Alpha]

Just got back a couple of weeks ago. As Ethernut said, check box and go. We stayed at the Parque Central. I supported many a fine roller and Rum Maestro.

Many Rum Maestros... ?

[JohnnyO]

The current US policy doesn't want anyone traveling alone, it has to be done in groups organized by a company that will answer to a US court. That is to say, that the orange haired guy doesn't want Cuban entities selling these packages as they would laugh at a court appearance. This current administration is playing hardball with anyone that does business with Cuba as they feel they can suffocate Diaz-Canel and Co. by pressuring other countries that have done business in Cuba. Most are complying. I feel that OFAC is understaffed and overwhelmed by any Cuba problems but I think they are after corporate dollars not individuals. However, the rules are in place. Whether they enforce them or not is up to the Customs official in front of you. 

[Monterey]

6 hours ago, JohnnyO said:

The current US policy doesn't want anyone traveling alone, it has to be done in groups organized by a company that will answer to a US court. That is to say, that the orange haired guy doesn't want Cuban entities selling these packages as they would laugh at a court appearance. This current administration is playing hardball with anyone that does business with Cuba as they feel they can suffocate Diaz-Canel and Co. by pressuring other countries that have done business in Cuba. Most are complying. I feel that OFAC is understaffed and overwhelmed by any Cuba problems but I think they are after corporate dollars not individuals. However, the rules are in place. Whether they enforce them or not is up to the Customs official in front of you. 

Not true at all.  You can travel alone.  Nowhere does it say you have to do it in groups organized by a company.  I just did a solo run and got back yesterday.  The plane was full of singles and couples going for various reasons.

[Chas.Alpha]

1 hour ago, Monterey said:

Not true at all.  You can travel alone.  Nowhere does it say you have to do it in groups organized by a company.  I just did a solo run and got back yesterday.  The plane was full of singles and couples going for various reasons.

It was just me and my mule, er, wife this last time...

[SenorPerfecto]

On 8/8/2019 at 11:44 AM, dshot said:

Went in June under the "Support For The Cuban People". Receipts ha! That will be hard to come by. I did stay at a Airbnb Casa Particular for most of my trip who worked at the Partagas Factory - He scores the very best singles because he knows all the rollers. 6-8 Hours per day is what we where quoted that includes getting to and fro. We did artist owned art galleries talked to them - bought some artwork, talked to musicians - someone that was in our group played music with them, eat at locally owned places, tour farms, hired a local driver, donated clothes and supplies to some families kids. Wrote down our itinerary each day. It's definitely not a sit at the hotel and smoke cigars by the pool kinda trip to fill up your visa. I'll say this no one questioned me coming back into the US to Miami. Customs just ask where I was coming from and that was it. I just kept my written log plus pictures and any receipts I could get. It will be hard to get full coverage of receipts - you're traveling with cash only just remember that - people writing things down on a receipt isn't typically for all Cubans. 

How'd you know he worked at Partagas?

[dshot]

56 minutes ago, SenorPerfecto said:

How'd you know he worked at Partagas?

I don't know 100%. But the things he knew and the few singles I got where so on point that I don't see why he would lie. He does host a cigar tasting in Havana as well on airbnb. I didn't get to go since I was leaving to goto Vinales that next day. The place I stayed was very cigar friendly and had a copy of "The World Of Habano" on the coffee table. If he was a fraud he's a very passionate cigar fraud ha! If you want the details PM me.

[Chas.Alpha]

The only receipts that I have are from LCDH’s, and those only for the nice girls at HAV. I might have had a receipt from the bar next to the upstairs shop at the Conde Villanueva, but after drinking several Mojitos poured there, I probably ate it!

By the way, the restaurant right below the cigar shop is awesome!...

[JohnnyO]

On 11/14/2019 at 4:56 PM, Monterey said:

Not true at all.  You can travel alone.  Nowhere does it say you have to do it in groups organized by a company.  I just did a solo run and got back yesterday.  The plane was full of singles and couples going for various reasons.

The rules are posted in the Treasury Departments website. You will notice in all 12 categories you will find similar language:

Section 515.574 of CACR which is "Support for the Cuban People" you will find that it states

You are "subject to conditions": 

Would be involved in activities that "promote peaceful transition to democracy" 

That means you would be meeting with a GROUP/ORGANIZATION  that is trying to promote independence from Cuban authorities

You would have an itinerary that "engages a full time schedule of activities"

You would have "no free time or recreation"

In all 12 categories they close with:

"An entire group does not qualify just because some of the members of the group qualify individually"

The language in the 12 categories from start to end refer to the word "group" 

It directs you to other pages and gives examples of what qualifies. 

Like I said before, enforcing it is another thing. Freestyling it like you are doing  is not what they are trying to promote. But

the rules are in place.

My impression is that they want to go back to Bush's rules back in the early 2000's. There is also a "Restricted List" that

prohibits you from spending $$$ with those entities/subentities as they have determined that they are government run. The

majority of you may not know who they represent. John

[Monterey]

4 minutes ago, JohnnyO said:

That means you would be meeting with a GROUP/ORGANIZATION  that is trying to promote independence from Cuban authorities

 

Dude, you are misreading this.  There is a difference with meeting a group of people and having to travel to Cuba in a group.  Per the rules, you are not required to travel to Cuba in a group.

[JohnnyO]

Read the rules the word group is consistent throughout. Local legal analysts here in Miami seem to agree with what I say. But what do they know....

[JohnnyO]

8 minutes ago, Monterey said:

Dude, you are misreading this.  There is a difference with meeting a group of people and having to travel to Cuba in a group.  Per the rules, you are not required to travel to Cuba in a group.

Unless your the Dali Lama, I might ask what sense does it make for one unknown person to meet with a group of people? Just trying to help you make sense of this as I have read the rules. Not only that these types of similar rules have been around before and I am well versed in them. John

[Monterey]

9 minutes ago, JohnnyO said:

Unless your the Dali Lama, I might ask what sense does it make for one unknown person to meet with a group of people? Just trying to help you make sense of this as I have read the rules. Not only that these types of similar rules have been around before and I am well versed in them. John

I'm sorry that you have been wrong for some time.  But NO where in the rules does it say you must travel in a group.  As for what sense?  Yes, one person makes a difference.   Many single/couples going to the island spreading "the good word" does make a difference.  You used to have to travel in a group under "people to people" but "support of the cuban people" never had that requirement.

[Chas.Alpha]

44 minutes ago, Monterey said:

I'm sorry that you have been wrong for some time.  But NO where in the rules does it say you must travel in a group.  As for what sense?  Yes, one person makes a difference.   Many single/couples going to the island spreading "the good word" does make a difference.  You used to have to travel in a group under "people to people" but "support of the cuban people" never had that requirement.

I think a lot of people are cautious and want to over-think this.

Check the box on your VISA that says “Support of the Cuban People”, get on your flight and enjoy your trip! I did not stay at a Casa Particular, nor did I engage in 8 hrs/day in some regulated activities. I drank my weight in Mojitos and tipped everyone that played music. That is what I consider Supporting the Cuban People.  I did get pulled downstairs at HAV/Jose Marti since I was carrying a little better than 400 sticks, but I had my receipts, and we all ended up happy.

I was a bit nervous coming back thru US customs, since it could be argued that the amount of rum and cigars was more than what could be considered for personal consumption, but the nice lady asked only two questions:

How long were you in Havana? : 4 days

Did you bring back anything fun? : Yes, Ma’am. Rum and Cigars!

 

Welcome back!...

[JohnnyO]

Rule changes went into affect 6/5/19. You can grandfather your trip until 12/5/19 if it was purchased before 6/5/19. Other changes were made September and October. There are plenty of web sites that post old info. The new rules can only be found on the Treasury Department web page (not OFAC). Telling Andy that you're freestyling it and "dude you're wrong" I don't think is the answer he was looking for. John 

[Monterey]

55 minutes ago, JohnnyO said:

Rule changes went into affect 6/5/19. You can grandfather your trip until 12/5/19 if it was purchased before 6/5/19. Other changes were made September and October. There are plenty of web sites that post old info. The new rules can only be found on the Treasury Department web page (not OFAC). Telling Andy that you're freestyling it and "dude you're wrong" I don't think is the answer he was looking for. John 

You can keep repeating yourself, doesn't make you right.    Feel free to post where it states you must travel within a group.

[Derboesekoenig]

Lol you say they consistently mention group...ok sure. If you read and comprehend the current rules for U.S. citizens traveling to Cuba, you quickly realize that there are zero issues traveling alone and essentially doing as you please. Comprehending is the important piece. Sometimes the way they write can be confusing, I understand...I definitely do NOT need a law degree to understand ?

[DSegal]

Support of the Cuban people, category 8, clearly makes reference to individuals. I’ve read it many times lately after a surprisingly challenging global entry interview. Basically had provisions for groups or individuals.  It uses the word individuals so I don’t see how one could say it’s legally limited only to groups. 

[jerrybrowne]

Support of the Cuban people, category 8, clearly makes reference to individuals. I’ve read it many times lately after a surprisingly challenging global entry interview. Basically had provisions for groups or individuals.  It uses the word individuals so I don’t see how one could say it’s legally limited only to groups. 

Did they give you a hard time about your trips during the interview? I have one coming up. TIA.


Sent from my iPhone using Tapatalk Pro

[DSegal]

It was an uncomfortable interview because he was challenging my upcoming trips, and also dismissed my past trips as tourism. His two basic positions were: 1) that there is no such thing as legal travel to Cuba anymore (which is definitely not true); and 2) that what I was calling Support of the Cuban People (and Education for my first trip to Cuba) was just tourism. I tried to explain that my past trips were under legal General License categories, that I choose the one that I feel best fits the trip, and that I take it seriously to comply with the law, and that I was using the US travel categories as responsibly and as clearly as I could. He also made light of that, saying "what you just go down the list and pick a category at random?" But it was clear to me that he was not really referencing the laws as written by the Treasury Dept or OFAC, and was just determined to take an accusatory view. I did not feel prepared to argue with him because he told me he was not approving me that day anyway. And because I was expecting Global Entry to be an easy process of approval, based on friends' experiences, I didn't bring anything to the interview other than what the conditional approval email told me to: my Passport. 

In the end he sent me home with a form asking me to submit a "letter/paperwork showing authorization of Cuba travel". I tried to clarify that he was asking me to secure a special license (which hasn't been used for many years and which is what the General License basically replaced), rather than the general license as written, applying to all US citizens using one of 12 travel categories. He was not having any of my input which was frustrating.

So my approach is that I have prepared a kick-ass itinerary based on all my private sector small-business contacts from previous visits, and for each of those people and the activity they represent I'm including a short blurb about how I see them perfectly fulfilling all the language and intent of the Support of the Cuban People category; I will carry a paper printout of the OFAC laws relating to Cuba Travel (which I wish I'd brought to my interview); I will get receipts where I can; and I will prepare all those things retroactively for past trips too, and have all that info with me. It's a pain, but it's been fun too--I have found it helpful to compile all this stuff in one master document anyway. I still expect the re-entry process to be normal, but if I get held up in the US airport upon return, I'll have more documentation than just about any independent US Cuba traveler I know--I will be ready, and hope that they say ok, looks good. I'd rather have that conversation at the airport after a trip, than to pursue it further ahead of time and risk them causing me any more headaches...

If you have any other questions feel free to ask me. I am heading there for my 4th and 5th visits later this winter. 

[Chas.Alpha]

Be it far from me to argue with the experts, but...

I was back in Havana for my 2nd trip of the year in October.

Zero, zip, nada. Check the box on your VISA, then enjoy your trip!

My friend Margot just got back last weekend with her boyfriend.

Zero problemos.

[jerrybrowne]

6 hours ago, DSegal said:

It was an uncomfortable interview because he was challenging my upcoming trips, and also dismissed my past trips as tourism. His two basic positions were: 1) that there is no such thing as legal travel to Cuba anymore (which is definitely not true); and 2) that what I was calling Support of the Cuban People (and Education for my first trip to Cuba) was just tourism. I tried to explain that my past trips were under legal General License categories, that I choose the one that I feel best fits the trip, and that I take it seriously to comply with the law, and that I was using the US travel categories as responsibly and as clearly as I could. He also made light of that, saying "what you just go down the list and pick a category at random?" But it was clear to me that he was not really referencing the laws as written by the Treasury Dept or OFAC, and was just determined to take an accusatory view. I did not feel prepared to argue with him because he told me he was not approving me that day anyway. And because I was expecting Global Entry to be an easy process of approval, based on friends' experiences, I didn't bring anything to the interview other than what the conditional approval email told me to: my Passport. 

In the end he sent me home with a form asking me to submit a "letter/paperwork showing authorization of Cuba travel". I tried to clarify that he was asking me to secure a special license (which hasn't been used for many years and which is what the General License basically replaced), rather than the general license as written, applying to all US citizens using one of 12 travel categories. He was not having any of my input which was frustrating.

So my approach is that I have prepared a kick-ass itinerary based on all my private sector small-business contacts from previous visits, and for each of those people and the activity they represent I'm including a short blurb about how I see them perfectly fulfilling all the language and intent of the Support of the Cuban People category; I will carry a paper printout of the OFAC laws relating to Cuba Travel (which I wish I'd brought to my interview); I will get receipts where I can; and I will prepare all those things retroactively for past trips too, and have all that info with me. It's a pain, but it's been fun too--I have found it helpful to compile all this stuff in one master document anyway. I still expect the re-entry process to be normal, but if I get held up in the US airport upon return, I'll have more documentation than just about any independent US Cuba traveler I know--I will be ready, and hope that they say ok, looks good. I'd rather have that conversation at the airport after a trip, than to pursue it further ahead of time and risk them causing me any more headaches...

If you have any other questions feel free to ask me. I am heading there for my 4th and 5th visits later this winter. 

Thank you very much for the detailed response.  This does not sound too good.  Did your application for Global Entry get approved in the end?  Did you need to submit a formal appeal?

Based on my interactions with customs agents when re-entering the US, I think most of them view any travel to Cuba to be tourism.  It does not surprise me that the officials who evaluate Global Entry applications have a similar view.  I just hope it's not considered grounds for denial and thanks to your post I'll make sure to be well prepared for my interview. 

Hope it all works out for you!