Most Americans know that they cannot travel to Cuba but few understand why. This article will provide a brief history of the U.S.-Cuba relations, why there is an embargo, who is legally authorized to travel to Cuba and what happens when people illegally visit the island. This article is based on fact and claims no bias with either country’s position.

A Brief History Explaining the Embargo

For about 400 years Cuba was controlled by Spain until the U.S. won the Spanish-American war in 1898. The win gave America four years of control in Cuba, until 1902 when the island was finally given its independence with one stipulation: the protection of U.S. interests in Cuba by military intervention (formally known as The Platt Amendment). However, Fulgencio Batista came to power in 1933 and abolished the aforementioned stipulation. The uprising along with Batista’s new power was largely Communist and therefore not recognized by the U.S. which viewed Communism as a threat to Democracy. U.S. President Eisenhower halted arms supplies to Cuba and Fidel Castro saw this weak point in relations as his chance to oust Batista and assume power which he did on January 1, 1959.

Anger endured over U.S. involvement following their freedom from Spain and Cubans quickly supported Castro’s plan to gain autonomy from America. Castro partnered with the Soviet Union, further straining ties with America. Consequently, the C.I.A. trained and armed the Cuban exiles that landed at “The Bay of Pigs” in an effort to reclaim Cuba from Castro. However, a leak in the C.I.A. informed Castro of the invasion and rather than admit to the planned attack, the Kennedy administration left the exiles on Cuban soil to be shot, imprisoned or otherwise disposed. Many American pilots tried to help the abandoned Cubans and were subsequently shot down.

Seizing this lack of solidarity among the Americans regarding the foiled assault, the Soviet Union decided to plant offensive missiles in Cuba. This further altered the balance of power and increased the likelihood that these missiles could reach the U.S. as opposed to their previous location in Europe. Thus began the Cuban Missile Crisis which served as one of the strongest marks in securing Castro’s power. The United States made a fast enemy of Cuba and deemed the Communist island a threat to democracy, and Castro a threat to Cubans. Therefore, the United States banned trade with and travel to Cuba and considered all countries who do engage in Cuban trade and travel to be an enemy to the U.S.

Currently, America has moved away from the initial reasons of the embargo and maintained the stance that Cuba is a massive violator of human rights, a claim which as of this time, no respectable human rights organization has backed.

Who Can Go to Cuba?

In July of 1963 the U.S. Government issued the Trading With the Enemy Act, which outlines any and all interactions permitted between the United States and Cuba. Basically, the following people are eligible for consideration to travel to Cuba (taken from the U.S. Department of the Treasury and Office of Foreign Assets Control):

• Journalists for a news reporting agency and their accompanying personnel
• Official government travelers
• Members of international organizations of which the United States is also a member (traveling on business)
• Academic related travelers
• Cuban Americans by birth or by marriage who are visiting relatives (this is only applicable once every three years)

This list is not exhaustive but rather a general idea of the kind of people that are even considered for review to receive permission to travel to Cuba. By no means should you attempt to travel without receiving consent simply because you find similarities between yourself and the above list of people. If you are caught visiting Cuba without an approved license, you will face hefty problems.

What Happens If A Person Is Caught Traveling to Cuba Without the Proper Permission?

Time and time again, people have fallen victim to Cuban tours through foreign organizations. These clients often claim to be unaware that there even is an embargo. The ramifications for misunderstanding or misinterpreting the law are quite severe. Foreigners are allowed to go to Cuba and are not required to understand American law regarding the matter. As I am unaware of many foreign laws, I am certain many foreigners are unaware of American laws; therefore it is our responsibility to ensure that we are aware of our eligibility to travel before signing on with foreign groups. If the only offers you find are through other countries, than perhaps you should question why they aren’t available in America.

Fines for visiting Cuba without the proper license can be as high as $65,000 and there may even be talk of jail time. However, the fines generally seem to be closer to $7,500 and can be negotiated down. I have yet to hear of jail time being served or even sentenced to someone traveling to Cuba. However, the consequences can be professionally detrimental should you hope to work for the U.S. Government.

What About Guantanamo Bay?

Originally a camp post for Americans helping fight in the Spanish-American War, Guantanamo Bay has developed into a prison for alleged terrorists held for questioning by the American military. Through the Platt Amendment, America was granted the right to lease an area in southeastern Cuba called Guantanamo Bay. About 2/3 of the inhabitants of this tiny island are military personnel and their families. Their quarters are often described as suburban and comfortable. They are not permitted access to the main island, just like any other American. It is not only the U.S. Government wishing to isolate Guantanamo; for 20 miles on the Cuban controlled side is military and a ring of cactus plants discouraging any refugees.

In addition to serving as a detainee camp for suspected terrorists, Guantanamo has served as an important port for ships needing to refuel or requiring maintenance. It has also provided support for the war on drugs in the Caribbean.

Every year the United States pays Cuba $2,000 to formally lease the area but Fidel Castro has never cashed a check.

Regardless of your opinion of actions taken by leaders of the two nations over the last 50 years or so, and regardless of your belief in what American freedom entails, the undisputed fact is that traveling to Cuba is against the law if you are not granted a special license. Many people are unclear as to the historical reasons as to why this law is in place but I hope this article provided a brief understanding. For more in-depth information please check with the U.S. Department of the Treasury and Foreign Affairs Assets Control.