Amid the tightening of policy toward the Cuban regime under Presidential Memorandum NSPM-5, the United States government recalled that travel to the island outside of authorized channels Not only is it prohibited, but it can carry fines of up to $250,000 and up to 10 years in prison..
The restrictions are not new, but the recent directive signed by former President Donald Trump strengthens their enforcement and expands control over travel, especially for tourism purposes, an activity strictly prohibited by U.S. law for decades.
Possible sanctions
The Office of Foreign Assets Control (OFAC), a department of the Department of the Treasury, establishes different levels of sanctions for those who violate travel laws to Cuba:
- Standard administrative fine: until $7,500 for a first offense.
- Major civil fines: until $65,000 for each illegal transaction.
- Criminal fines:
- To $250,000 for individuals.
- To $1,000,000 if it is an entity (such as a travel agency).
- To 10 years in prison In serious cases, especially if fraud, intent to evade sanctions or repeat offenses are proven.
Who can be sanctioned?
Sanctions may apply to:
- People traveling with tourist purposes and do not fall into one of the 12 legal categories authorized by the U.S.
- Individuals who hide or falsify documentation about the purpose of their trip.
- Travelers who use services or make payments to sanctioned Cuban entities, such as hotels of the military conglomerate GAESA.
- Travel organizers or agencies that facilitate illegal travel without a license.
What are the 12 legal categories for travel to Cuba?
The U.S. government only permits travel to Cuba for reasons such as:
- family visits
- Journalistic activity
- Formal educational activities
- religious activities
- humanitarian projects
- Professional research
- Support for the Cuban people
- Authorized export
- Cultural or sporting events
- Private foundations and NGOs
- Official government affairs
- Transmission of information
Traveling as a tourist or vacationer is not permitted under any circumstances.
More requirements with Trump's order
Order NSPM‑5 reinforces these standards by requiring:
- Documentary record of the trip by At least 5 years.
- Significant interaction with Cuban civil society, not only with companies or facilities of the regime.
- Absolutely avoid using services operated by the Cuban government or its armed forces.
