Mark Pestronk
Q: With the recent easing of regulations on travel to Cuba, is it still illegal for a U.S. travel agency to sell tickets to Cuba on flights departing from other countries, such as a nonstop from Toronto to Havana? Does a traveler have to be a member of a group whose travel will fall into one of the 12 categories of "authorized travel," or can a single traveler qualify under the rules? Can any U.S. travel agency put together a tour group, as long as its purpose falls within one of the categories, or you do have to have some special permission? One of the 12 categories authorizes "people-to-people travel"; can you tell me exactly what that means?
A: It is still illegal for U.S. travel agencies to arrange travel to Cuba for ordinary tourist or ordinary business purposes, even if the traveler's flight originates from a third country. Hefty fines for such activities are still in place.
In other words, there has been no liberalization of the types of travel permitted or the ways in which travelers can get to Cuba. Nor has there been any liberalization of the rules prohibiting arrangement of prohibited travel.
What has been liberalized is this: Travel agencies and tour operators no longer need any sort of advance permission from (or registration with) the U.S. government to arrange or operate Cuba trips, as long as the travel falls into one of the 12 authorized categories: (1) family visits; (2) official business of the U.S. government, foreign governments and certain intergovernmental organizations; (3) journalistic activity; (4) professional research and professional meetings; (5) educational activities; (6) religious activities; (7) public performances, clinics, workshops, athletic and other competitions and exhibitions; (8) support for the Cuban people; (9) humanitarian projects; (10) activities of private foundations or research or educational institutes; (11) exportation, importation or transmission of information or information materials; and (12) certain authorized export transactions.
Each category is defined in detail in the rules, and each has its own special requirements for itineraries and record-keeping. You can find those rules at www.treasury.gov/resource-center/sanctions/Programs/Documents/31cfr515_new.pdf.
Individual, nongroup travel is permitted, if the itinerary falls into one of the dozen categories. Further, the travel no longer must be prepaid, as the traveler can spend money in Cuba for living expenses and can return home with up to $400 in purchases, including up to $100 for cigars or alcohol.
Probably the closest to ordinary tourism is the fifth category, "educational activities," part of which is known as "people-to-people" travel. The definition and requirements can be found at 31 CFR 515.565(b).
Such travel qualifies if it is "for the purpose of engaging, while in Cuba, in a full-time schedule of activities intended to enhance contact with the Cuban people, support civil society in Cuba or promote the Cuban people's independence from Cuban authorities," and "each traveler has a full-time schedule of educational exchange activities that will result in meaningful interaction between the traveler and individuals in Cuba." Finally, someone from the sponsoring organization must accompany the group.
Your agency could set up a sponsoring organization with such purposes, but you would need to do a lot of planning, proceed carefully and keep detailed records in order to avoid violation of the rules.