Tuesday, October 8, 2013

Cuba and the U.S. State Department

Here are some things that the U.S. State Department says about Cuba:

1.  Cuba is an authoritarian state that routinely employs repressive methods against internal dissent and monitors and responds to perceived threats to its authority.

2.  Human rights conditions in Cuba remain poor, as the Cuban government limits fundamental freedoms, including freedom of expression and peaceful assembly.

3.  Cuba generally welcomes U.S. citizen travelers and U.S. citizens are generally well received

4.  Cuban Assets Control Regulations are enforced by the U.S. Department of the Treasury and affect all U.S. citizens and permanent residents wherever they are located, all people and organizations physically located in the United States, and all branches and subsidiaries of U.S. organizations throughout the world.

5.  The regulations require that persons subject to U.S. jurisdiction be licensed in order to engage in any travel-related transactions pursuant to travel to, from, and within Cuba, or that the transactions in question be exempt from licensing requirements. Transactions related to tourist travel are not licensable. This restriction includes tourist travel to Cuba from or through a third country such as Mexico or Canada. U.S. law enforcement authorities enforce these regulations at U.S. airports and pre-clearance facilities in third countries. Travelers who fail to comply with Department of the Treasury regulations could face civil penalties and criminal prosecution upon return to the United States.

And it goes on and on.  It's -- schizophrenic!

OFAC (This Year in Cuba)

This is a direct link to the Cuba Sanctions Page at the U.S. Treasury Department.

Cuba Sanctions fall under the control of the Office of Foreign Asset Control.  OFAC is a sub-unit of the Office of Terrorism and Intelligence Analysis, which falls within this organizational structure.

OFAC enforces at least seven other Sanction Programs, including against against Iran and Iraq, terrorism, narcotics, and others.

The Cuba Sanctions are the particular focus of this posting.

What are the sanctions?

Well, apparently, there are enough of them and enough to say about them to fill a book.

It isn't a big book, only 21 pages, but dense and written in legalese that make it difficult to discern what may or may not be done by a traveler.  Because it is dense, and because it imposes requirements on an American citizen that don't exist for any other country, as far as I know.  With my U.S. Passport, I'm able to book a flight to any county in the world -- except Cuba.  To get to Cuba, I have to fill out a five page form to obtain a License that might or might not be approved.  The license restricts me from doing certain things that I might want to do.  It requires that I do things that I might not want to do, such as travel with a defined group or stay in an approved place.

Mind you, these aren't restrictions or licenses required by the Cuban government, they are required by MY government, and they aren't imposed on me for travel to any other country, and they aren't imposed on citizens of any other country but the United States.  Land of the Free?  Pah!

Here's an overview:

The Cuban Assets Control Regulations, 31 CFR Part 515 (the “Regulations”), were issued by the U.S. Government on July 8, 1963, under the Trading With the Enemy Act in response to certain hostile actions by the Cuban Government. They apply to all persons (individuals and entities) subject to U.S. jurisdiction – including all U.S. citizens and permanent residents wherever located, all persons in the United States, and all branches and subsidiaries of U.S. organizations throughout the world – as well as all persons engaging in transactions that involve property in or otherwise subject to the jurisdiction of the United States. The Regulations are administered by Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). Criminal penalties violating the Regulations range up to 10 years in prison, $1,000,000 in corporate fines, and $250,000 in individual fines. Civil penalties up to $65,000 per violation may also be imposed. The Regulations require those dealing with Cuba (including traveling to Cuba) to maintain records for five years and, upon request from OFAC, to furnish information regarding such dealings.

General and specific licenses are available to engage in certain transactions that are otherwise prohibited by the Regulations. A “general license” authorizes a particular type of transaction without the need for an application to, or further permission from, OFAC. A “specific license” authorizes specific transactions, and is issued to a specific person or persons, usually in response to an application. Types of specific licenses that OFAC frequently issues are set forth in the Regulations as statements of licensing policy. 

We'll delve into this more as time goes on.

Meanwhile, "This Year in Cuba" will be our watchword here at 90MilesToKeyWest.

This Year in Cuba

I had this report sitting in a Drafts folder since last May.  It reflects on the trip to Cuba made by Jay-Z and Beyonce earlier this year, and talks about ways that not-so-famous people can get to Cuba.

We'll be discussing that here too.

¡Arriba!

Once again, as we're doing at The Real Key West, I'm choosing to resume blogging on this blog as well.

Here in Key West, City Commissioner Anthony "Fat" Yaniz has taken up the cause of re-establishing the historic ties that bound Key West and Cuba together from more than 150 years ago up until the early 1960's.  Yaniz points out that the close relationship between the island city and the island nation was stronger in its day than anything that ever arose in Miami, despite its hugely larger population of émigré Cubans.

Our interest has been piqued by discussions we've had with with others here who've either already made the journey, or shown a desire to make it freely, without the onerous restrictions imposed by the Office of Foreign Asset Control` and other federal agencies.

We had dinner last night with a friend, an artist, who came to Key West in 1980  during operation Pedro Pan.  He was 12 when his parents came here and he  joined them.  He remembers the Cuba of his youth, but he hasn't been back there since 2005.  And he remembers the Key West of the 80's up until now.  Antonio is his name.  We'll be hearing more from him.

We're now exploring ideas on how and when we'll be able to go ourselves.  Bob is interviewing people who've done it, how they've done it, and what they'd recommend that we do.

I aso have a call in to Peter Horton, Monroe County's Director of Airports, and hope to find out what preparations, if any, that are being made to initiate direct flights between the islands.

I've been saying since January, and have said it here before, "This Year in Havana", "This Year in Cuba".

 ¡Arriba!

Thursday, June 20, 2013

An Invitation to Key West

The Key West Citizen publishes an editorial today out of the Tampa Tribune.

At Tuesday nights Key West City Commission meeting, Commissioner Yaniz took note of what Tampa is doing and initiated what we hope will be an invitation to Cuban officials to come to Key West to open a dialogue between the two cities with the longest history together.

Tampa officials recently went to Havana for an "educational exchange" under the U.S. government's people-to-people license program.

Monday, June 3, 2013

Welcome Home Yoani Sanchez the “Tube Worm”

Welcome Home Yoani Sanchez the “Tube Worm” - Cuba's Havana Times.org


"Apparently insignificant, tube worms play an extremely important ecological role. They burrow into the ground, opening up holes through which oxygen can reach plant roots. Their excretions are also an excellent fertilizer for these plants.
"There are many opinions I do not share with Yoani Sanchez (I don’t follow her blog much either), but if her provocations, complaints, brilliant ideas or cyber-gossip helps shake the permafrost, the frozen subsoil of Cuban politics, then, hell, my respects to the tube worm."
Erasmo Cazadilla