Chronology of Cuba travel restrictions

May 17, 2009
Chronology of Cuba travel restrictions

1960 — In the first trade restrictions on Cuba after the rise to power
of Fidel Castro, President Eisenhower placed most U.S. exports to Cuba
under validated license controls, except for nonsubsidized food,
medicines, and medical supplies. The action did not include restrictions
on travel.

1962/1963 — In February 1962, President Kennedy imposed a trade embargo
on Cuba because of the Castro regime's ties to the Soviet Union.
Pursuant to the President's directive, the Department of the Treasury's
Office of Foreign Assets Control (OFAC) issued the Cuban Import
Regulations. On July 9, 1963, OFAC issued a more comprehensive set of
prohibitions, the Cuban Assets Control Regulations, which effectively
banned travel by prohibiting any transactions with Cuba.

1977 — In March, the Carter Administration announced the lifting of
restrictions on U.S. travel to Cuba that had been in place since the
early 1960s. The Carter Administration lifted the travel ban by issuing
a general license for travel-related transactions for those visiting
Cuba. Direct flights were also allowed.

1982 — In April, the Reagan Administration reimposed restrictions on
travel to Cuba, although it allowed for certain categories of travel,
including travel by U.S. government officials, employees of news or film
making organizations, persons engaging in professional research, or
persons visiting their close relatives. It did not allow for ordinary
tourist or business travel that had been allowed since the Carter
Administration's 1977 action.

1984 — On June 28, the Supreme Court, in a 5-4 decision in the case of
Regan v. Wald, rejected a challenge to the ban on travel to Cuba and
asserted the executive branch's right to impose travel restrictions for
national security reasons.

1993 —The Clinton Administration, in June 1993, slightly amended
restrictions on U.S. travel to Cuba. Two additional categories of travel
were allowed: travel to Cuba "for clearly defined educational or
religious activities"; and travel "for activities of recognized human
rights organizations." In both categories, travelers were required to
apply for a specific license from OFAC.

1994 — In August, President Clinton announced several measures against
the Cuban government in response to an escalation in the number of
Cubans fleeing to the United States. Among these measures, the
Administration tightened travel restrictions by prohibiting family
visits under a general license, and allowing specific licenses for
family visits only "when extreme hardship is demonstrated in cases
involving extreme humanitarian need" such as terminal illness or severe
medical emergency. Such visits required a specific license from OFAC. In
addition, professional researchers were required to apply for a specific
license, whereas since

1982 they had been able to travel freely under a general license.
(Federal Register, August 30, 1994, pp. 44884-44886.) CRS-3

1995 — In October, President Clinton announced measures to ease some
U.S. restrictions on travel and other activities with Cuba, with the
overall objective of promoting democracy and the free flow of ideas. The
new measures included authorizing general licenses for transactions
relating to travel to Cuba for Cuban Americans making yearly visits to
close relatives in "circumstances that demonstrate extreme humanitarian
need." This reversed the August 1994 action that required specific
licenses. However, those traveling for this purpose more than once in a
12- month period would need to apply to OFAC for a specific license. In
addition, the new measures allowed for specific licenses for free-lance
journalists traveling to Cuba. (Federal Register, October 20, 1995, pp.
54194-54198.)

1996 — On February 26, following the shootdown of two U.S. civilian
planes two days earlier by Cuban fighter jets, President Clinton took
several measures against Cuba, including the indefinite suspension of
charter flights between Cuba and the United States. Qualified licensed
travelers could go to Cuba, provided their flights were routed through
third countries.

1998 — On March 20, following Pope John Paul II's January trip to Cuba,
President Clinton announced several changes in U.S. policy toward Cuba,
including the resumption of licensing for direct charter flights to
Cuba. On July 2, OFAC issued licenses to nine air charter companies to
provide direct passenger flights from Miami International Airport to
Havana's Jose Marti Airport.

1999 — On January 5, President Clinton announced several measures to
support the Cuban people that were intended to augment changes
implemented in March 1998. Among the measures introduced was the
expansion of direct passenger charter flights from additional U.S.
cities other than Miami. In August, the State Department announced that
direct flights to Cuba would be allowed from New York and Los Angeles.
In addition, President Clinton also announced in January 1999 that
measures would be taken to increase people-to-people exchanges. As a
result, on

May 13, 1999, OFAC issued a number of changes to the Cuba embargo
regulations that effectively loosened restrictions on certain categories
of travelers to Cuba. Travel for professional research became possible
under a general license, and travel for a wide range of educational,
religious, sports competition, and other activities became possible with
specific licenses authorized by OFAC on a case-by-case basis. In
addition, those traveling to Cuba to visit a close family member under
either a general or specific license only needed to "demonstrate
humanitarian need," as opposed to "extreme humanitarian need" that had
been required since 1995. (Federal Register, May 13, 1999, pp. 25808-25820.)

2000 — In October, Congress approved and the President signed the Trade
Sanctions Reform and Export Enhancement Act of 2000 (Title IX of P.L.
106-387), which included a provision that prohibited travel-related
transactions for "tourist activities," which as set forth in Section
910(b)(2) of the Act are defined as any activity not authorized or
referenced in the existing travel regulations (31 CFR 515.560,
paragraphs (1) through (12)). The congressional action appeared to
circumscribe the authority of the OFAC to issue specific travel licenses
on a case-by-case basis that do not fit neatly withing the categories of
travel already allowed by the regulations. CRS-4 1 For an overview of
the Treasury Department regulations on travel to Cuba, see OFAC's
website [http://www.treas.gov/ofac/].

2001 — On July 12, 2001, OFAC published regulations pursuant to the
provisions of the Trade Sanctions and Export Enhancement Act of 2000
(Title IX of P.L. 106-387) that prohibited travel-related transactions
for "tourist activities." (Federal Register, July 12, 2001, pp.
36683-36688.) On July 13, 2001, President Bush announced that he had
asked the Treasury Department to enhance and expand the capabilities of
OFAC to prevent, among other things, "unlicensed and excessive travel."

2003 — On January 29, 2003, OFAC published proposed enforcement
guidelines (as an appendix to 31 CFR Part 501) for all its economic
sanctions programs and additional guidelines (as an appendix to 31 CFR
Part 515) for the Cuba sanctions program. The general guidelines provide
a procedural framework for OFAC's enforcement of economic sanctions,
while the Cuba specific guidelines consists of penalties for different
embargo violations. (Federal Register, January 29, 2003, pp. 4422-4429.)
Several companies, non-profit legal organizations, law firms, and other
groups made comments to OFAC raising a number of concerns with the new
guidelines. (See OFAC's website for comments on the proposed guidelines:
[http://www.treas.gov/offices/enforcement/ofac/interim/enforcement_gd.html]).
On March 24, 2003, OFAC announced that the Cuba travel regulations were
being amended to ease travel to Cuba for those visiting close relatives,
to increase the amount a traveler may carry (up to $3,000), and to
eliminate travel for people-to-people educational exchanges unrelated to
academic coursework. (Federal Register, March 24, 2003, pp. 14141-14148.)

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