Cuba: U.S. Restrictions on Travel and Remittances

Changes from November 2, 2020 to December 17, 2020

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Cuba: U.S. Restrictions on Travel
~~November 2~~December 17, 2020 , 2020
and Remittances
Mark P. Sullivan
Restrictions on travel and remittances to Cuba have constituted a key and often contentious Restrictions on travel and remittances to Cuba have constituted a key and often contentious
Specialist in Latin Specialist in Latin
component in U.S. efforts to isolate Cuba’s communist government since the early 1960s. Such component in U.S. efforts to isolate Cuba’s communist government since the early 1960s. Such
American Affairs American Affairs
restrictions are largely part of the Cuban Assets Control Regulations (CACR), the overall restrictions are largely part of the Cuban Assets Control Regulations (CACR), the overall

embargo regulations administered by the Department of the Treasury’s Office of Foreign Assets embargo regulations administered by the Department of the Treasury’s Office of Foreign Assets
Control (OFAC), as well as certain parts of the Export Administration Regulations (EAR), Control (OFAC), as well as certain parts of the Export Administration Regulations (EAR),

administered by the Department of Commerce. Various Administrations have eased and administered by the Department of Commerce. Various Administrations have eased and
tightened these restrictions over the years as U.S. policy toward Cuba has changed. tightened these restrictions over the years as U.S. policy toward Cuba has changed.
The Obama Administration eased restrictions on travel and remittances significantly. In 2009, the Administration lifted all The Obama Administration eased restrictions on travel and remittances significantly. In 2009, the Administration lifted all
restrictions on familyrestrictions on family travel and remittances. In 2011, the Administration eased restrictions on other types of travel, including travel and remittances. In 2011, the Administration eased restrictions on other types of travel, including
travel related to religious, educational, and people-to-people exchanges, and allowed any U.S. person to send remittances to travel related to religious, educational, and people-to-people exchanges, and allowed any U.S. person to send remittances to
individuals in Cuba. As part of President Obama’s major shift in U.S. policy toward Cuba in December 2014, which moved individuals in Cuba. As part of President Obama’s major shift in U.S. policy toward Cuba in December 2014, which moved
the U.S. approach away from a sanctions-based policy toward one of engagement, the Administration took actions that the U.S. approach away from a sanctions-based policy toward one of engagement, the Administration took actions that
considerably eased restrictions on nonfamily travel and remittances. In 2015 and 2016, OFAC amended the embargo considerably eased restrictions on nonfamily travel and remittances. In 2015 and 2016, OFAC amended the embargo
regulations five times to implement the new policy. It initially authorized travel by general license for all 12 cat egories of regulations five times to implement the new policy. It initially authorized travel by general license for all 12 cat egories of
travel set forth in the CACR, eliminated traveler per diem limits , increased the amount of nonfamily remittances, and travel set forth in the CACR, eliminated traveler per diem limits , increased the amount of nonfamily remittances, and
permitted other types of remittances. OFAC subsequently removed dollar limits for donative remittances to Cuban nationals; permitted other types of remittances. OFAC subsequently removed dollar limits for donative remittances to Cuban nationals;
authorized people-to-people educational travel for individuals; and removed value limits for the importation of Cuban authorized people-to-people educational travel for individuals; and removed value limits for the importation of Cuban
products, including alcohol and tobacco products, by U.S. travelers as accompanied baggage for personal use. The products, including alcohol and tobacco products, by U.S. travelers as accompanied baggage for personal use. The
Department of Commerce amended the EAR, issuing license exceptions authorizing temporary sojourn passenger vessels to Department of Commerce amended the EAR, issuing license exceptions authorizing temporary sojourn passenger vessels to
Cuba, and cruise ship travel to Cuba from the United States began in 2016. The Administration also negotiated a bilateral Cuba, and cruise ship travel to Cuba from the United States began in 2016. The Administration also negotiated a bilateral
arrangement to permit regularly scheduled air flights to Cuba that began in 2016. arrangement to permit regularly scheduled air flights to Cuba that began in 2016.
In contrast, the Trump Administration has increased restrictions on travel and remittances significantly. Most categories of In contrast, the Trump Administration has increased restrictions on travel and remittances significantly. Most categories of
permissible travel in the CACR have provisions prohibiting direct transactions with entities on a list (maintained by the Sta te permissible travel in the CACR have provisions prohibiting direct transactions with entities on a list (maintained by the Sta te
Department since 2017, referred to as the “Cuba restricted list”) of restricted Cuban entities affiliated with the Cuban Department since 2017, referred to as the “Cuba restricted list”) of restricted Cuban entities affiliated with the Cuban
military, intelligence, or security services; such entities include hotels, tourist agencies, marinas, and stores. In 2019, the military, intelligence, or security services; such entities include hotels, tourist agencies, marinas, and stores. In 2019, the
Administration prohibited people-to-people educational travel. Since 2019, the Administration has terminated cruise ship Administration prohibited people-to-people educational travel. Since 2019, the Administration has terminated cruise ship
travel to Cuba and prohibited air travel to Cuban cities other than Havana. In 2019, OFAC capped family remittance s to any travel to Cuba and prohibited air travel to Cuban cities other than Havana. In 2019, OFAC capped family remittance s to any
one Cuban national to $1,000 per quarter, prohibited remittances to close family members of prohibited Cuban government one Cuban national to $1,000 per quarter, prohibited remittances to close family members of prohibited Cuban government
officials and members of the Cuban Communist Party, and eliminated the authorization for donative remittances to Cuban officials and members of the Cuban Communist Party, and eliminated the authorization for donative remittances to Cuban
nationals. In September 2020, the State Department issued a list of over 400 accommodations for lodging in Cuba , and the nationals. In September 2020, the State Department issued a list of over 400 accommodations for lodging in Cuba , and the
Treasury Department amended the CACR to prohibit U.S. travelers from staying at those properties. Most recently, on Treasury Department amended the CACR to prohibit U.S. travelers from staying at those properties. Most recently, on
October 27, 2020, the Treasury Department amended the CACR to prohibit, effective November 26, 2020, the processing of October 27, 2020, the Treasury Department amended the CACR to prohibit, effective November 26, 2020, the processing of
remittances through any entities on the “Cuba restricted list,” an action that remittances through any entities on the “Cuba restricted list,” an action that ~~could jeopardize the flow of cash remittances to~~
~~Cuba.~~
resulted in Western Union ceasing its operations in Cuba. The company had been the major financial services company used for transmitting remittances to Cuba since 2016. Legislative Initiatives
In the 116th Congress, three bills have been introduced that would lift all restrictions on travel to Cuba. Identical bills H.R. In the 116th Congress, three bills have been introduced that would lift all restrictions on travel to Cuba. Identical bills H.R.
3960 (McGovern) and S. 2303 (Leahy), the Freedom for Americans to Travel to Cuba Act of 2019, would prohibit most 3960 (McGovern) and S. 2303 (Leahy), the Freedom for Americans to Travel to Cuba Act of 2019, would prohibit most
restrictions on travel to or from Cuba by U.S. citizens and legal residents or any transactions incident to such travel. H.R. restrictions on travel to or from Cuba by U.S. citizens and legal residents or any transactions incident to such travel. H.R.
2404 (Rush), the United States-Cuba Relations Normalization Act, would lift most economic sanctions on Cuba, including 2404 (Rush), the United States-Cuba Relations Normalization Act, would lift most economic sanctions on Cuba, including
restrictions on travel and remittances. restrictions on travel and remittances.
This report examines developments in U.S. policy restricting travel and remittances to Cuba, particularly changes under the This report examines developments in U.S. policy restricting travel and remittances to Cuba, particularly changes under the
Obama and Trump Administrations, current permissible travel to Cuba and current policy on remittances, and debate on Obama and Trump Administrations, current permissible travel to Cuba and current policy on remittances, and debate on
lifting the travel restrictionlifting the travel restrictions. Appendix provides a history of legislative action related to the restrictions on travel and provides a history of legislative action related to the restrictions on travel and
remittances to Cuba from 1999 through 2018. remittances to Cuba from 1999 through 2018.
For further information on Cuba from CRS, see CRS In Focus IF10045, For further information on Cuba from CRS, see CRS In Focus IF10045, Cuba: U.S. Policy Overview, and CRS Report , and CRS Report
R45657, R45657, Cuba: U.S. Policy in the 116th Congress. .
Congressional Research Service Congressional Research Service

Cuba: U.S. Restrictions on Travel and Remittances

Introduction
Since the United States imposed comprehensive economic sanctions against Cuba in the early Since the United States imposed comprehensive economic sanctions against Cuba in the early
1960s, there have been numerous policy changes to restrictions on travel and remittances to 1960s, there have been numerous policy changes to restrictions on travel and remittances to
Cuba.1 In 1963, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) Cuba.1 In 1963, the Department of the Treasury’s Office of Foreign Assets Control (OFAC)
issued the Cuban Assets Control Regulations (CACR), prohibiting most financial transactions issued the Cuban Assets Control Regulations (CACR), prohibiting most financial transactions
unless otherwise authorized; the CACR (found at 31 C.F.R. Part 515) have been amended many unless otherwise authorized; the CACR (found at 31 C.F.R. Part 515) have been amended many
times over years to reflect changes in policy toward Cuba, including restrictions on travel and times over years to reflect changes in policy toward Cuba, including restrictions on travel and
remittances. The CACR also require that al exports to Cuba be licensed by the Department of remittances. The CACR also require that al exports to Cuba be licensed by the Department of
Commerce, Bureau of Industry and Security, under the provisions of the Export Administration Commerce, Bureau of Industry and Security, under the provisions of the Export Administration
Act, as amended. The Bureau of Industry and Security administers the Export Administration Act, as amended. The Bureau of Industry and Security administers the Export Administration
Regulation (EAR, found at 15 C.F.R. Sections 730-774), which includes provisions regulating the Regulation (EAR, found at 15 C.F.R. Sections 730-774), which includes provisions regulating the
temporary sojourns of aircraft and vessels to Cuba. temporary sojourns of aircraft and vessels to Cuba.
The CACR do not ban travel itself but place restrictions on any financial transactions related to The CACR do not ban travel itself but place restrictions on any financial transactions related to
travel to Cuba. Accordingly, from 1963 to 1977, travel to Cuba was effectively banned under the travel to Cuba. Accordingly, from 1963 to 1977, travel to Cuba was effectively banned under the
CACR because of such restrictions. In 1977, the Carter Administration made changes to the CACR because of such restrictions. In 1977, the Carter Administration made changes to the
regulations that essential y lifted the restrictions on travel-related transactions. In 1982, the regulations that essential y lifted the restrictions on travel-related transactions. In 1982, the
Reagan Administration made changes to the CACR that once again restricted travel to Cuba but Reagan Administration made changes to the CACR that once again restricted travel to Cuba but
al owed for travel-related transactions by certain categories of travelers. In June 1984, the al owed for travel-related transactions by certain categories of travelers. In June 1984, the
Supreme Court, in a 5-4 decision in the case of Supreme Court, in a 5-4 decision in the case of Regan v. Wald, rejected a chal enge to the , rejected a chal enge to the
regulations limiting travel to Cuba and asserted the executive branch’s right to impose travel regulations limiting travel to Cuba and asserted the executive branch’s right to impose travel
restrictions for national security reasons. restrictions for national security reasons.
Under the Clinton Administration, there were several changes to the CACR, with some at first Under the Clinton Administration, there were several changes to the CACR, with some at first
tightening the restrictions and others later loosening the restrictions. In October 2000, Congress tightening the restrictions and others later loosening the restrictions. In October 2000, Congress
prohibited travel to Cuba solely for tourist activities when it enacted the Trade Sanctions Reform prohibited travel to Cuba solely for tourist activities when it enacted the Trade Sanctions Reform
and Export Enhancement Act of 2000 (TSRA; P.L. 106-387, Title IX). A provision in the law, and Export Enhancement Act of 2000 (TSRA; P.L. 106-387, Title IX). A provision in the law,
Section 910(b), prohibits travel-related transaction for tourist activities, defined as any activity Section 910(b), prohibits travel-related transaction for tourist activities, defined as any activity
not expressly authorized in the 12 categories of travel in the CACR. The provision essential y not expressly authorized in the 12 categories of travel in the CACR. The provision essential y
circumscribes the executive branch’s authority to issue licenses for activities beyond the broad circumscribes the executive branch’s authority to issue licenses for activities beyond the broad
categories of travel al owed and would have to be amended, superseded by new legislation, or categories of travel al owed and would have to be amended, superseded by new legislation, or
repealed to expand categories of travel to Cuba or lift travel restrictions altogether. repealed to expand categories of travel to Cuba or lift travel restrictions altogether.
The George W. Bush Administration tightened the travel regulations significantly, with additional The George W. Bush Administration tightened the travel regulations significantly, with additional
restrictions on family visits, educational travel, and travel for those involved in amateur and restrictions on family visits, educational travel, and travel for those involved in amateur and
semiprofessional international sports federation competitions. In addition, the categories of fully semiprofessional international sports federation competitions. In addition, the categories of fully
hosted travel and people-to-people educational exchanges were eliminated as permissible travel hosted travel and people-to-people educational exchanges were eliminated as permissible travel
to Cuba. The Bush Administration also cracked down on those traveling to Cuba il egal y, further to Cuba. The Bush Administration also cracked down on those traveling to Cuba il egal y, further
restricted religious travel by changing licensing guidelines for such travel, and suspended the restricted religious travel by changing licensing guidelines for such travel, and suspended the
licenses of several travel service providers in Florida for license violations. licenses of several travel service providers in Florida for license violations.
The Obama Administration significantly eased restrictions on travel and remittances. Congress The Obama Administration significantly eased restrictions on travel and remittances. Congress
initial y took legislative action in March 2009 to ease restrictions on family travel and on travel initial y took legislative action in March 2009 to ease restrictions on family travel and on travel
related to U.S. agricultural and medical sales to Cuba (P.L. 111-8, §§620 and 621 of Division D). related to U.S. agricultural and medical sales to Cuba (P.L. 111-8, §§620 and 621 of Division D).

1 President John F. Kennedy proclaimed an embargo on trade between the United States and Cuba in February 1962, 1 President John F. Kennedy proclaimed an embargo on trade between the United States and Cuba in February 1962,
citing Section 620(a) of the Foreign Assistance Act of 1961, which authorizes the President “citing Section 620(a) of the Foreign Assistance Act of 1961, which authorizes the President “ to establish and maintain a to establish and maintain a
total embargo upon all trade between the United States and Cuba.” (27 total embargo upon all trade between the United States and Cuba.” (27 Federal Register 1085, February 7, 1962.) T he 1085, February 7, 1962.) T he
authority for the embargo was later expanded in March 1962 to include theauthority for the embargo was later expanded in March 1962 to include the T rading with the Enemy Act (27 T rading with the Enemy Act (27 Federal
Register 2765-2766, March 24, 1962). 2765-2766, March 24, 1962).
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In April 2009, the Obama Administration went further and lifted al In April 2009, the Obama Administration went further and lifted al restrictions on family travel restrictions on family travel
and family remittances. In 2011, the Obama Administration further eased travel related to and family remittances. In 2011, the Obama Administration further eased travel related to
religious, journalistic, and educational activities, including people-to-people travel exchanges; religious, journalistic, and educational activities, including people-to-people travel exchanges;
al owed U.S. international airports to become eligible for licensed charter flights to and from al owed U.S. international airports to become eligible for licensed charter flights to and from
Cuba; and issued new general licenses to send remittances to any Cuban national (with certain Cuba; and issued new general licenses to send remittances to any Cuban national (with certain
limitations) and to religious organizations in Cuba.2 As part of President Obama’s policy shift of limitations) and to religious organizations in Cuba.2 As part of President Obama’s policy shift of
engagement with Cuba announced in December 2014, the Administration took further actions to engagement with Cuba announced in December 2014, the Administration took further actions to
ease restrictions on travel and remittances in 2015 and 2016. These actions included authorizing ease restrictions on travel and remittances in 2015 and 2016. These actions included authorizing
travel by general license for al 12 categories of travel to Cuba set forth in the CACR; eliminating travel by general license for al 12 categories of travel to Cuba set forth in the CACR; eliminating
traveler per diem limits; authorizing people-to-people educational travel for individuals; traveler per diem limits; authorizing people-to-people educational travel for individuals;
removing dollar limits on nonfamily or donative remittances; and providing a general license for removing dollar limits on nonfamily or donative remittances; and providing a general license for
remittances for humanitarian projects, support to the Cuban people, and the development of remittances for humanitarian projects, support to the Cuban people, and the development of
private businesses. Both cruise ship travel and regularly scheduled flights to Cuba began in 2016. private businesses. Both cruise ship travel and regularly scheduled flights to Cuba began in 2016.
(For details, see (For details, see “Obama Administration Policy,” below.) ” below.)
The Trump Administration has taken significant actions to restrict travel and remittances to Cuba. The Trump Administration has taken significant actions to restrict travel and remittances to Cuba.
In 2017, the State Department issued a list of restricted Cuban entities (referred to as the “Cuba In 2017, the State Department issued a list of restricted Cuban entities (referred to as the “Cuba
restricted list”) affiliated with the Cuban military, intel igence, or security services with which restricted list”) affiliated with the Cuban military, intel igence, or security services with which
direct financial transaction would disproportionately benefit such services at the expense of the direct financial transaction would disproportionately benefit such services at the expense of the
Cuban people or private enterprise in Cuba. Most categories of permissible travel in the CACR Cuban people or private enterprise in Cuba. Most categories of permissible travel in the CACR
have provisions prohibiting direct transactions with these entities. In 2019, the Administration have provisions prohibiting direct transactions with these entities. In 2019, the Administration
eliminated people-to-people educational travel. Since 2019, the Administration has eliminated eliminated people-to-people educational travel. Since 2019, the Administration has eliminated
cruise ship travel to Cuba and restricted air travel. In 2020, the State Department issued a list of cruise ship travel to Cuba and restricted air travel. In 2020, the State Department issued a list of
over 400 accommodations for lodging in Cuba, and the Treasury Department prohibited U.S. over 400 accommodations for lodging in Cuba, and the Treasury Department prohibited U.S.
travelers from staying at those properties. The Administration restricted remittances in several travelers from staying at those properties. The Administration restricted remittances in several
ways in 2019: prohibiting remittances to close family members of prohibited Cuban government ways in 2019: prohibiting remittances to close family members of prohibited Cuban government
officials and Cuban communist party officials; capping family remittances to any one Cuban officials and Cuban communist party officials; capping family remittances to any one Cuban
national to $1,000 per quarter; and eliminating the category of donative remittances to Cuban national to $1,000 per quarter; and eliminating the category of donative remittances to Cuban
nationals. In October 2020, the Treasury Department amended the CACR to prohibit, effective nationals. In October 2020, the Treasury Department amended the CACR to prohibit, effective
November 26, 2020, the processing of remittances through any entities on the “Cuba restricted November 26, 2020, the processing of remittances through any entities on the “Cuba restricted
list,” an action that could jeopardize the flow of cash remittances. (For details, seelist,” an action that could jeopardize the flow of cash remittances. (For details, see “Trump
Administration Policy,” below.) ” below.)
Obama Administration Policy
Easing of Restrictions in 2009
The tightening of family travel restrictions in 2004 became an issue during the 2008 presidential The tightening of family travel restrictions in 2004 became an issue during the 2008 presidential
campaign, with candidate Barack Obama pledging to lift restrictions for family travel and campaign, with candidate Barack Obama pledging to lift restrictions for family travel and
remittances to Cuba. With the election of Obama, the 111th Congress moved to ease family travel remittances to Cuba. With the election of Obama, the 111th Congress moved to ease family travel
restrictions in March 2009 by approving two provisions that eased sanctions on travel to Cuba in restrictions in March 2009 by approving two provisions that eased sanctions on travel to Cuba in
FY2009 omnibus appropriations legislation (P.L. 111-8). Unlike the Bush Administration, the FY2009 omnibus appropriations legislation (P.L. 111-8). Unlike the Bush Administration, the
Obama Administration did not threaten to veto such legislation easing Cuba sanctions. This Obama Administration did not threaten to veto such legislation easing Cuba sanctions. This
marked the first congressional action easing Cuba sanctions in almost a decade. marked the first congressional action easing Cuba sanctions in almost a decade.

2 A general license provides the authority to engage in a transaction without the need to apply to the T reasury 2 A general license provides the authority to engage in a transaction without the need to apply to the T reasury
Department for permission. In contrast, a specific license is a Department for permission. In contrast, a specific license is a ~~wr itten~~written document issued by the T reasury Department to a document issued by the T reasury Department to a
person or entity authorizing a particular transaction in response to a written license application. person or entity authorizing a particular transaction in response to a written license application.
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Cuba: U.S. Restrictions on Travel and Remittances

In the first provision, as implemented by the Treasury Department, family travel was again In the first provision, as implemented by the Treasury Department, family travel was again
al owed once every 12 months under a general license to visit a close relative for an unlimited al owed once every 12 months under a general license to visit a close relative for an unlimited
length of stay, and the limit for daily expenditure al owed by family travelers became the same as length of stay, and the limit for daily expenditure al owed by family travelers became the same as
for other authorized travelers to Cuba (the State Department maximum per diem rate for Havana). for other authorized travelers to Cuba (the State Department maximum per diem rate for Havana).
The definition of “close relative” was expanded to mean any individual related to the traveler by The definition of “close relative” was expanded to mean any individual related to the traveler by
blood, marriage, or adoption who is no more than three generations removed from that person. blood, marriage, or adoption who is no more than three generations removed from that person.
The second provision in the omnibus measure required a general license for travel related to the The second provision in the omnibus measure required a general license for travel related to the
marketing and sale of agricultural and medical goods to Cuba. The Treasury Department’s Office marketing and sale of agricultural and medical goods to Cuba. The Treasury Department’s Office
of Foreign Assets Control ultimately issued regulations implementing this omnibus provision on of Foreign Assets Control ultimately issued regulations implementing this omnibus provision on
September 3, 2009. The regulations required a written report at least 14 days before departure September 3, 2009. The regulations required a written report at least 14 days before departure
identifying both the traveler and the producer or distributor and describing the purpose and scope identifying both the traveler and the producer or distributor and describing the purpose and scope
of such travel. Another written report was required within 14 days of return from Cuba describing of such travel. Another written report was required within 14 days of return from Cuba describing
the activities conducted, the persons met, and the expenses incurred. The regulations also required the activities conducted, the persons met, and the expenses incurred. The regulations also required
that such travelers under this provision be regularly employed by a producer or distributor of the that such travelers under this provision be regularly employed by a producer or distributor of the
agricultural commodities or medical products or an entity duly appointed to represent such a agricultural commodities or medical products or an entity duly appointed to represent such a
producer or distributor. producer or distributor.
Going even further, the Obama Administration announced several significant measures to ease Going even further, the Obama Administration announced several significant measures to ease
U.S. sanctions on Cuba in April 2009. Fulfil ing a campaign pledge, President Obama announced U.S. sanctions on Cuba in April 2009. Fulfil ing a campaign pledge, President Obama announced
that al restrictions on family travel and on remittances to family members in Cuba would be that al restrictions on family travel and on remittances to family members in Cuba would be
lifted. This significantly superseded the action taken by Congress in March that had essential y lifted. This significantly superseded the action taken by Congress in March that had essential y
reverted family travel restrictions to as they had been before they were tightened in 2004. Under reverted family travel restrictions to as they had been before they were tightened in 2004. Under
the new policy announced by the Administration in April, there were no limitations on the the new policy announced by the Administration in April, there were no limitations on the
frequency or duration of family visits (which would stil be covered under a general license), and frequency or duration of family visits (which would stil be covered under a general license), and
the 44-pound limitation on accompanied baggage was removed. Family travelers were al owed to the 44-pound limitation on accompanied baggage was removed. Family travelers were al owed to
spend the same as al owed for other travelers, up to the State Department’s maximum per diem spend the same as al owed for other travelers, up to the State Department’s maximum per diem
rate for Havana. With regard to family remittances, the previous limitation of no more than $300 rate for Havana. With regard to family remittances, the previous limitation of no more than $300
per quarter was removed with no restriction on the amount or frequency of the remittances. per quarter was removed with no restriction on the amount or frequency of the remittances.
Authorized travelers were again authorized to carry up to $3,000 in remittances.3 Regulations for Authorized travelers were again authorized to carry up to $3,000 in remittances.3 Regulations for
the above policy changes were issued by the Treasury and Commerce Departments on September the above policy changes were issued by the Treasury and Commerce Departments on September
3, 2009. 3, 2009.
Easing of Restrictions in 2011
On January 14, 2011, the Obama Administration announced a series of policy changes further On January 14, 2011, the Obama Administration announced a series of policy changes further
easing restrictions on travel and remittances to Cuba that had been rumored in the second half of easing restrictions on travel and remittances to Cuba that had been rumored in the second half of
2010. The changes were designed to make it easier to engage in educational, religious, and other 2010. The changes were designed to make it easier to engage in educational, religious, and other
types of people-to-people travel and al ow al Americans to send remittances to Cuba. The types of people-to-people travel and al ow al Americans to send remittances to Cuba. The
changes were similar to policy that was in place from 1999 under the Clinton Administration changes were similar to policy that was in place from 1999 under the Clinton Administration
through mid-2004 under the Bush Administration. President Obama directed the Secretaries of through mid-2004 under the Bush Administration. President Obama directed the Secretaries of
State, Treasury, and Homeland Security to amend regulations and policies “in order to continue State, Treasury, and Homeland Security to amend regulations and policies “in order to continue
efforts to reach out to the Cuban people in support of their desire to freely determine their efforts to reach out to the Cuban people in support of their desire to freely determine their
country’s future.”4 The Administration maintained that the policy changes would increase people- country’s future.”4 The Administration maintained that the policy changes would increase people-
to-people contact, help strengthen Cuban civil society, and make Cuban people less dependent on to-people contact, help strengthen Cuban civil society, and make Cuban people less dependent on
the Cuban state.5 The changes occurred at the same time that the Cuban government began laying the Cuban state.5 The changes occurred at the same time that the Cuban government began laying

3 White House, “Fact Sheet: Reaching Out to the Cuban People,” April 13, 2009. 3 White House, “Fact Sheet: Reaching Out to the Cuban People,” April 13, 2009.
4 White House, Office of the Press Secretary, “Reaching Out to the Cuban People,” January 14, 2011, at 4 White House, Office of the Press Secretary, “Reaching Out to the Cuban People,” January 14, 2011, at
http://www.whitehouse.gov/the-press-office/2011/01/14/reaching-out-cuban-people. http://www.whitehouse.gov/the-press-office/2011/01/14/reaching-out-cuban-people.
5 Mary Beth Sheridan, “Obama Loosens T ravel Restrictions to Cuba,” 5 Mary Beth Sheridan, “Obama Loosens T ravel Restrictions to Cuba,” Washington Post, January 15, 2011. , January 15, 2011.
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off thousands of state workers and increasing private enterprise through an expansion of the off thousands of state workers and increasing private enterprise through an expansion of the
authorized categories for self-employment. authorized categories for self-employment.
The measures (1) increased purposeful travel to Cuba related to religious, educational, and The measures (1) increased purposeful travel to Cuba related to religious, educational, and
journalistic activities (general licenses were authorized for certain types of educational and journalistic activities (general licenses were authorized for certain types of educational and
religious travel; people-to-people travel exchanges were authorized via a specific license); (2) religious travel; people-to-people travel exchanges were authorized via a specific license); (2)
al owed any U.S. person to send remittances (up to $500 per quarter) to nonfamily members in al owed any U.S. person to send remittances (up to $500 per quarter) to nonfamily members in
Cuba and made it easier for religious institutions to send remittances for religious activities Cuba and made it easier for religious institutions to send remittances for religious activities
(general licenses are now authorized for both); and (3) al owed al U.S. international airports to (general licenses are now authorized for both); and (3) al owed al U.S. international airports to
apply to provide services to licensed charter flights to and from Cuba. In most respects, these new apply to provide services to licensed charter flights to and from Cuba. In most respects, these new
measures appeared to be similar to policies that were undertaken by the Clinton Administration in measures appeared to be similar to policies that were undertaken by the Clinton Administration in
1999 but subsequently curtailed by the Bush Administration in 2003 and 2004. 1999 but subsequently curtailed by the Bush Administration in 2003 and 2004.
An exception was the expansion of airports to service licensed flights to and from Cuba. The An exception was the expansion of airports to service licensed flights to and from Cuba. The
Clinton Administration had expanded airports eligible to service licensed charter flights beyond Clinton Administration had expanded airports eligible to service licensed charter flights beyond
that of Miami International Airport to international airports in Los Angeles and New York (JFK) that of Miami International Airport to international airports in Los Angeles and New York (JFK)
in 1999, but the January 2011 policy change al owed al U.S. international airports to apply to in 1999, but the January 2011 policy change al owed al U.S. international airports to apply to
provide services for chartered flights to and from Cuba under certain conditions. provide services for chartered flights to and from Cuba under certain conditions.
By early July 2011, OFAC confirmed that it had approved the first licenses for U.S. people-to- By early July 2011, OFAC confirmed that it had approved the first licenses for U.S. people-to-
people organizations to bring U.S. visitors to Cuba, and the first such trips began in August 2011.6 people organizations to bring U.S. visitors to Cuba, and the first such trips began in August 2011.6
On July 25, 2011, however, prior to the trips beginning, OFAC issued an advisory maintaining On July 25, 2011, however, prior to the trips beginning, OFAC issued an advisory maintaining
that misstatements in the media had suggested that U.S. policy al owed for virtual y unrestricted that misstatements in the media had suggested that U.S. policy al owed for virtual y unrestricted
group travel to Cuba, and reaffirmed that travel conducted by people-to-people travel groups group travel to Cuba, and reaffirmed that travel conducted by people-to-people travel groups
licensed for travel to Cuba must “certify that al participants wil have a full-time schedule of licensed for travel to Cuba must “certify that al participants wil have a full-time schedule of
educational exchange activities that wil result in meaningful interaction between the travelers educational exchange activities that wil result in meaningful interaction between the travelers
and individuals in Cuba.” The advisory stated that authorized activities by people-to-people and individuals in Cuba.” The advisory stated that authorized activities by people-to-people
groups are not “tourist activities,” and pointed out that the Trade Sanctions Reform and Export groups are not “tourist activities,” and pointed out that the Trade Sanctions Reform and Export
Enhancement Act of 2000 prohibits OFAC from licensing transactions for tourist activities.7 Enhancement Act of 2000 prohibits OFAC from licensing transactions for tourist activities.7
In the first session of the 112th Congress, there were several attempts aimed at rolling back the In the first session of the 112th Congress, there were several attempts aimed at rolling back the
Obama Administration’s actions easing restrictions on travel and remittances, including a Obama Administration’s actions easing restrictions on travel and remittances, including a
provision originating in the House Appropriation Committee’s version of the FY2012 Financial provision originating in the House Appropriation Committee’s version of the FY2012 Financial
Services and General Government appropriations measure, H.R. 2434. The White House had Services and General Government appropriations measure, H.R. 2434. The White House had
threatened to veto the bil if it contained the provision and stood firm when congressional leaders threatened to veto the bil if it contained the provision and stood firm when congressional leaders
were considering including the provision in a “megabus” FY2012 appropriations bil , H.R. 2055. were considering including the provision in a “megabus” FY2012 appropriations bil , H.R. 2055.
Ultimately congressional leaders agreed not to include the provision in the appropriations Ultimately congressional leaders agreed not to include the provision in the appropriations
measure (P.L. 112-74). (Se measure (P.L. 112-74). (See Appendix, below.) , below.)
Developments in 2012 and 2013
In 2012, some Members of Congress expressed concerns about people-to-people travel that In 2012, some Members of Congress expressed concerns about people-to-people travel that
appeared to be focusing on tourist activities rather than on purposeful travel. In response, the appeared to be focusing on tourist activities rather than on purposeful travel. In response, the
Treasury Department issued an announcement in March 2012 warning about misleading Treasury Department issued an announcement in March 2012 warning about misleading
advertising regarding some people-to-people trips that could lead to OFAC investigating the advertising regarding some people-to-people trips that could lead to OFAC investigating the

6 Peter Orsi, “U.S. Licensing T ravel Operators to Start Up Legal Cuba T rips, T reasury Department Says,” Associated 6 Peter Orsi, “U.S. Licensing T ravel Operators to Start Up Legal Cuba T rips, T reasury Department Says,” Associated
Press, July 1, 2011; Mimi Whitefield, “ People-to-People Tours to Cuba T ake Off T hursday,” Press, July 1, 2011; Mimi Whitefield, “ People-to-People Tours to Cuba T ake Off T hursday,” Miam i Herald, August , August
10, 2011; and Jeff Franks, “Purposeful Cuba T rips Resume,” 10, 2011; and Jeff Franks, “Purposeful Cuba T rips Resume,” Chicago Tribune, August 18, 2011. Also see the , August 18, 2011. Also see the
following online resource: following online resource: Organizations Sponsoring People-to-People Travel to Cuba, Latin America Working Group , Latin America Working Group
Education Fund, at http://www.lawg.org/storage/documents/people2people.pdf. Education Fund, at http://www.lawg.org/storage/documents/people2people.pdf.
7 U.S. Department of the T reasury, OFAC, “Cuba T ravel Advisory,” July 25, 2011. 7 U.S. Department of the T reasury, OFAC, “Cuba T ravel Advisory,” July 25, 2011.
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organization conducting the trips. The announcement maintained that licenses could be revoked organization conducting the trips. The announcement maintained that licenses could be revoked
and that organizations may be issued a civil penalty up to $65,000 per violation.8 OFAC followed and that organizations may be issued a civil penalty up to $65,000 per violation.8 OFAC followed
up this announcement in May 2012 by revising its people-to-people license guidelines. The up this announcement in May 2012 by revising its people-to-people license guidelines. The
revised guidelines reflected similar language to the March announcement and also required an revised guidelines reflected similar language to the March announcement and also required an
organization applying for a people-to-people license to describe how the travel “would enhance organization applying for a people-to-people license to describe how the travel “would enhance
contact with the Cuban people, and/or support civil society in Cuba, and/or promote the Cuban contact with the Cuban people, and/or support civil society in Cuba, and/or promote the Cuban
people’s independence from Cuban authorities.”9 people’s independence from Cuban authorities.”9
In June 7, 2012, congressional testimony, then-Assistant Secretary of State for Western In June 7, 2012, congressional testimony, then-Assistant Secretary of State for Western
Hemisphere Affairs Roberta Jacobson set forth a clear-cut description of U.S. policy toward Cuba Hemisphere Affairs Roberta Jacobson set forth a clear-cut description of U.S. policy toward Cuba
in which she expressed strong U.S. support for democracy and human rights activists in Cuba and in which she expressed strong U.S. support for democracy and human rights activists in Cuba and
defended the Obama’s Administration policy on travel and remittances. The Assistant Secretary defended the Obama’s Administration policy on travel and remittances. The Assistant Secretary
asserted that “the Obama Administration’s priority is to empower Cubans to freely determine asserted that “the Obama Administration’s priority is to empower Cubans to freely determine
their own future.” She maintained that “the most effective tool we have for doing that is building their own future.” She maintained that “the most effective tool we have for doing that is building
connections between the Cuban and American people, in order to give Cubans the support and connections between the Cuban and American people, in order to give Cubans the support and
tools they need to move forward independent of their government.” The Assistant Secretary tools they need to move forward independent of their government.” The Assistant Secretary
maintained that “the Administration’s travel, remittance and people-to-people policies are helping maintained that “the Administration’s travel, remittance and people-to-people policies are helping
Cubans by providing alternative sources of information, taking advantage of emerging Cubans by providing alternative sources of information, taking advantage of emerging
opportunities for self-employment and private property, and strengthening civil society.”10 opportunities for self-employment and private property, and strengthening civil society.”10
In September 2012, various press reports cited a slowdown in the Treasury Department’s In September 2012, various press reports cited a slowdown in the Treasury Department’s
approval or reapproval of licenses for people-to-people travel since the agency had issued new approval or reapproval of licenses for people-to-people travel since the agency had issued new
guidelines in May (described above). Companies conducting such programs complained that the guidelines in May (described above). Companies conducting such programs complained that the
delay in the licenses was forcing them to cancel trips and even to lay off staff.11 By early October delay in the licenses was forcing them to cancel trips and even to lay off staff.11 By early October
2012, however, companies conducting the people-to-people travel maintained that they were once 2012, however, companies conducting the people-to-people travel maintained that they were once
again receiving license approvals. again receiving license approvals.
In April 2013, some Members of Congress strongly criticized singers Beyoncé Knowles-Carter In April 2013, some Members of Congress strongly criticized singers Beyoncé Knowles-Carter
and her husband Shawn Carter, better known as Jay-Z, for traveling to Cuba. Members were and her husband Shawn Carter, better known as Jay-Z, for traveling to Cuba. Members were
concerned that the trip, as described in the press, was primarily for tourism, which would be concerned that the trip, as described in the press, was primarily for tourism, which would be
contrary to U.S. law and regulations. The Treasury Department stated that the two singers were contrary to U.S. law and regulations. The Treasury Department stated that the two singers were
participating in an authorized people-to-people exchange trip organized by a group licensed by participating in an authorized people-to-people exchange trip organized by a group licensed by
OFAC to conduct such trips (pursuant to 31 C.F.R. 515.565(b)(2) of the Cuban Assets Control OFAC to conduct such trips (pursuant to 31 C.F.R. 515.565(b)(2) of the Cuban Assets Control
Regulations). (In August 2014, the Treasury Department’s Office of the Inspector General issued Regulations). (In August 2014, the Treasury Department’s Office of the Inspector General issued
a report concluding that no U.S. sanctions were violated and that OFAC’s decision not to pursue a a report concluding that no U.S. sanctions were violated and that OFAC’s decision not to pursue a
formal investigation was reasonable.)12 formal investigation was reasonable.)12

8 U.S. Department of the T reasury, OFAC, “Advertising Educational Exchange T ravel to Cuba for People8 U.S. Department of the T reasury, OFAC, “Advertising Educational Exchange T ravel to Cuba for People -to-People -to-People
Contact,” March 9, 2012, at http://www.treasury.gov/resource-center/sanctions/Programs/Pages/cuba_ppl_notice.aspx. Contact,” March 9, 2012, at http://www.treasury.gov/resource-center/sanctions/Programs/Pages/cuba_ppl_notice.aspx.
9 U.S. Department of the T reasury, OFAC, “Comprehensive Guidelines for License Applications to Engage in T ravel -9 U.S. Department of the T reasury, OFAC, “Comprehensive Guidelines for License Applications to Engage in T ravel -
Related T ransactions Involving Cuba,” Revised May 10, 2012. Related T ransactions Involving Cuba,” Revised May 10, 2012.
10 T estimony of Roberta S. Jacobson, Assistant Secretary of State for Western Hemisphere Affairs, Senate Foreign 10 T estimony of Roberta S. Jacobson, Assistant Secretary of State for Western Hemisphere Affairs, Senate Foreign
Relations Committee, Subcommittee on Western Hemisphere, Peace Corps, and Global Narcotics, at a hearing Relations Committee, Subcommittee on Western Hemisphere, Peace Corps, and Global Narcotics, at a hearing ~~en titled~~entitled
“T he Path to Freedom: Countering Repression and Strengthening Civil Society,” June 7, 2012. “T he Path to Freedom: Countering Repression and Strengthening Civil Society,” June 7, 2012.
11 Damien Cave, “Licensing Rules Slow T ours to Cuba,” 11 Damien Cave, “Licensing Rules Slow T ours to Cuba,” New York Times, September 16, 2012; Paul Haven, “U.S. , September 16, 2012; Paul Haven, “U.S.
T ravel Outfits Say Rules for Legal T ravel to Cuba Getting T ighter,” Associated Press, September 13, 2012. T ravel Outfits Say Rules for Legal T ravel to Cuba Getting T ighter,” Associated Press, September 13, 2012.
12 U.S. Department of the T reasury, Office of Inspector General, “ T errorist Financing/Money Laundering: Review of 12 U.S. Department of the T reasury, Office of Inspector General, “ T errorist Financing/Money Laundering: Review of
T ravel to Cuba by Shawn Carter and Beyoncé Knowles-Carter,” Memorandum Report OIG-CA-14-014, August 20, T ravel to Cuba by Shawn Carter and Beyoncé Knowles-Carter,” Memorandum Report OIG-CA-14-014, August 20,
2014. 2014.
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Easing of Restrictions in 2015 and 2016
Just after the adjournment of the 113th Congress in December 2014, President Obama announced Just after the adjournment of the 113th Congress in December 2014, President Obama announced
a major shift in U.S. policy toward Cuba, moving away from a sanctions-based policy toward one a major shift in U.S. policy toward Cuba, moving away from a sanctions-based policy toward one
of engagement and a normalization of relations. The policy shift included changes in U.S. of engagement and a normalization of relations. The policy shift included changes in U.S.
restrictions on travel and remittances to Cuba, which were implemented by the Treasury restrictions on travel and remittances to Cuba, which were implemented by the Treasury
Department’s OFAC as amendments to the CACR that went into effect on January 16, 2015.13 Department’s OFAC as amendments to the CACR that went into effect on January 16, 2015.13
Changes to the Travel Restrictions. With regard to travel, the changes included authorization With regard to travel, the changes included authorization
for general licenses for the 12 existing categories of travel to Cuba set forth in the CACR related for general licenses for the 12 existing categories of travel to Cuba set forth in the CACR related
to the following activities: (1) family visits; (2) official business of the U.S. government, foreign to the following activities: (1) family visits; (2) official business of the U.S. government, foreign
governments, and certain intergovernmental organizations; (3) journalistic activity; (4) governments, and certain intergovernmental organizations; (3) journalistic activity; (4)
professional research and professional meetings; (5) educational activities; (6) religious activities; professional research and professional meetings; (5) educational activities; (6) religious activities;
(7) public performances, clinics, workshops, athletic and other competitions, and exhibitions; (8) (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 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 research or educational institutes; (11) exportation, importation, or transmission of information or
information materials; and (12) certain export transactions that may be considered for information materials; and (12) certain export transactions that may be considered for
authorization under existing regulations and guidelines. authorization under existing regulations and guidelines.
Before the policy change, travelers under several of these categories had to apply for a specific Before the policy change, travelers under several of these categories had to apply for a specific
license from the Treasury Department before traveling. Under the new regulations, both travel license from the Treasury Department before traveling. Under the new regulations, both travel
agents and airlines were able to provide services for travel to Cuba without the need to obtain a agents and airlines were able to provide services for travel to Cuba without the need to obtain a
specific license. Under the January 2015 changes to the CACR, travelers also were authorized to specific license. Under the January 2015 changes to the CACR, travelers also were authorized to
bring back up to $400 worth of goods from Cuba as accompanied baggage for personal use, with bring back up to $400 worth of goods from Cuba as accompanied baggage for personal use, with
no more than $100 worth of tobacco products and alcohol combined (as noted below, these value no more than $100 worth of tobacco products and alcohol combined (as noted below, these value
limits were subsequently removed altogether in October 2016). limits were subsequently removed altogether in October 2016).
OFAC issued four additional rounds of regulatory changes to the CACR in September 2015 and OFAC issued four additional rounds of regulatory changes to the CACR in September 2015 and
January, March, and October 2016 that further eased the travel restrictions. Among the changes January, March, and October 2016 that further eased the travel restrictions. Among the changes
are the following: are the following:
  September 2015. OFAC amended the regulations to al ow close relatives to visit OFAC amended the regulations to al ow close relatives to visit
or accompany authorized travelers to Cuba for additional activities. The January or accompany authorized travelers to Cuba for additional activities. The January
2015 changes had permitted close relatives to visit a person located in Cuba on 2015 changes had permitted close relatives to visit a person located in Cuba on
official government business or there for certain educational activities. The official government business or there for certain educational activities. The
September 2015 changes authorized close relatives to visit or accompany September 2015 changes authorized close relatives to visit or accompany
authorized travelers for additional educational activities, journalistic activity, authorized travelers for additional educational activities, journalistic activity,
professional research, religious activities, activities related to humanitarian professional research, religious activities, activities related to humanitarian
projects, and activities of private foundations or certain research or educational projects, and activities of private foundations or certain research or educational
institutes. The changes also al owed al authorized travelers to open and maintain institutes. The changes also al owed al authorized travelers to open and maintain
bank accounts in Cuba to access funds for authorized transactions. Transportation bank accounts in Cuba to access funds for authorized transactions. Transportation
by vessel of authorized travelers between the United States and Cuba was also by vessel of authorized travelers between the United States and Cuba was also
authorized by general license, and certain related lodging aboard vessels used for authorized by general license, and certain related lodging aboard vessels used for
such travel was authorized (related to ferry and cruise ship travel). At the same such travel was authorized (related to ferry and cruise ship travel). At the same
time, the Commerce Department amended the EAR, issuing license exceptions time, the Commerce Department amended the EAR, issuing license exceptions
authorizing temporary sojourns for cargo and passenger vessels to Cuba.14 authorizing temporary sojourns for cargo and passenger vessels to Cuba.14

13 U.S. Department of the T reasury, “Treasury and Commerce Announce Regulatory13 U.S. Department of the T reasury, “Treasury and Commerce Announce Regulatory Amendments to the Cuba Amendments to the Cuba
Sanctions,” January 15, 2016. Sanctions,” January 15, 2016.
14 U.S. Department of the T reasury, “Treasury and Commerce Announce Further Amendments to the Cuba 14 U.S. Department of the T reasury, “Treasury and Commerce Announce Further Amendments to the Cuba ~~San ctions~~Sanctions
Regulations,” September 18, 2015. Regulations,” September 18, 2015.
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  January 2016. OFAC amended the CACR to authorize travel-related OFAC amended the CACR to authorize travel-related
transactions related to professional media or artistic productions of information transactions related to professional media or artistic productions of information
or informational materials for exportation, importation, or transmission. These or informational materials for exportation, importation, or transmission. These
activities included the filming or production of media programs, the recording of activities included the filming or production of media programs, the recording of
music, and the creation of artworks in Cuba. OFAC also amended the regulations music, and the creation of artworks in Cuba. OFAC also amended the regulations
to al ow travel for the organization of professional meetings and public to al ow travel for the organization of professional meetings and public
performances, clinics, workshops, athletic and other competitions, and performances, clinics, workshops, athletic and other competitions, and
exhibitions. Previously, the general license was only for attending or participating exhibitions. Previously, the general license was only for attending or participating
in such events. OFAC also removed requirements that U.S. profits from public in such events. OFAC also removed requirements that U.S. profits from public
performances, clinics, workshops, athletic and other competitions, and performances, clinics, workshops, athletic and other competitions, and
exhibitions be donated to an independent nongovernmental organization (NGO) exhibitions be donated to an independent nongovernmental organization (NGO)
in Cuba or a U.S.-based charity. Travel for humanitarian projects was also in Cuba or a U.S.-based charity. Travel for humanitarian projects was also
expanded to include disaster preparedness and response.15 expanded to include disaster preparedness and response.15
  March 2016. OFAC amended the CACR to al ow individuals to travel to Cuba OFAC amended the CACR to al ow individuals to travel to Cuba
for individual people-to-people educational travel. Previously, such educational for individual people-to-people educational travel. Previously, such educational
travel required trips to take place under the auspices of an organization that travel required trips to take place under the auspices of an organization that
conducted such travel and required travelers to be accompanied by a conducted such travel and required travelers to be accompanied by a
representative of the sponsoring organization. According to the Treasury representative of the sponsoring organization. According to the Treasury
Department, the change is intended to make such travel to Cuba more accessible Department, the change is intended to make such travel to Cuba more accessible
and less expensive for U.S. citizens and wil increase opportunities for direct and less expensive for U.S. citizens and wil increase opportunities for direct
engagement between Cubans and Americans.16engagement between Cubans and Americans.16
  October 2016. OFAC amended the CACR, removing the value limit for Cuban OFAC amended the CACR, removing the value limit for Cuban
products that U.S. travelers to Cuba (as wel as U.S. travelers to third countries) products that U.S. travelers to Cuba (as wel as U.S. travelers to third countries)
can import into the United States as accompanied luggage for personal use. can import into the United States as accompanied luggage for personal use.
Normal limits on duty and tax exemption apply.17Normal limits on duty and tax exemption apply.17
As part of the change in bilateral relations, U.S. and Cuban officials signed a bilateral As part of the change in bilateral relations, U.S. and Cuban officials signed a bilateral
arrangement in February 2016 to permit regularly scheduled air flights to Cuba, and by August arrangement in February 2016 to permit regularly scheduled air flights to Cuba, and by August
2016 the first flights began. Cruise ship service to Cuba from the United States also began in May 2016 the first flights began. Cruise ship service to Cuba from the United States also began in May
2016.18 2016.18
Changes to the Regulations on Remittances. With the Obama Administration’s change in Cuba With the Obama Administration’s change in Cuba
policy, OFAC significantly eased restrictions on remittances to Cuba. In January 2015, OFAC policy, OFAC significantly eased restrictions on remittances to Cuba. In January 2015, OFAC
increased the amount of money that could be sent by any U.S. person to nonfamily members in increased the amount of money that could be sent by any U.S. person to nonfamily members in
Cuba (referred to as remittances to a Cuban national) to $2,000 per quarter (up from the previous Cuba (referred to as remittances to a Cuban national) to $2,000 per quarter (up from the previous
limit of $500 per quarter). Authorized travelers were permitted to carry up to $10,000 in limit of $500 per quarter). Authorized travelers were permitted to carry up to $10,000 in
remittances to Cuba, up from the previous limit of $3,000. In September 2015, however, OFAC remittances to Cuba, up from the previous limit of $3,000. In September 2015, however, OFAC
amended the regulations that lifted the dollar limits altogether on nonfamily remittances (now amended the regulations that lifted the dollar limits altogether on nonfamily remittances (now
referring to them as “donative remittances to Cuban nationals”) and on amounts that licensed referring to them as “donative remittances to Cuban nationals”) and on amounts that licensed
travelers may carry to Cuba. travelers may carry to Cuba.

15 U.S. Department of the T reasury, “Treasury and Commerce 15 U.S. Department of the T reasury, “Treasury and Commerce ~~Announce~~An nounce Further Amendments to the Cuba Sanctions Further Amendments to the Cuba Sanctions
Regulations,” January 26, 2016. Regulations,” January 26, 2016.
16 U.S. Department of the T reasury, “Treasury and Commerce Announce Significant Amendments to the Cuba 16 U.S. Department of the T reasury, “Treasury and Commerce Announce Significant Amendments to the Cuba
Sanctions Regulations Ahead of President Obama’s Historic T rip to Cuba,” March 15, 2016.Sanctions Regulations Ahead of President Obama’s Historic T rip to Cuba,” March 15, 2016.
17 U.S. Department of the T reasury, “Treasury and Commerce Announce Further Amendments to Cuba Sanctions 17 U.S. Department of the T reasury, “Treasury and Commerce Announce Further Amendments to Cuba Sanctions
Regulations,” October 14, 2016. Regulations,” October 14, 2016.
18 For more details, see “U.S. T ravel to Cuba” in CRS Report R41617, 18 For more details, see “U.S. T ravel to Cuba” in CRS Report R41617, Cuba: Issues for the 112th Congress, by Mark , by Mark
P. Sullivan. P. Sullivan.
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In addition, the CACR were amended in January 2015 to authorize by general license remittances In addition, the CACR were amended in January 2015 to authorize by general license remittances
to individuals and independent NGOs in Cuba without limit for humanitarian projects; activities to individuals and independent NGOs in Cuba without limit for humanitarian projects; activities
of recognized human rights organizations, independent organizations designed to promote a rapid of recognized human rights organizations, independent organizations designed to promote a rapid
peaceful transition to democracy, and individuals and NGOs that promote independent activity to peaceful transition to democracy, and individuals and NGOs that promote independent activity to
strengthen civil society; and the development of private businesses, including smal farms. strengthen civil society; and the development of private businesses, including smal farms.
Under the Obama Administration, OFAC also amended the CACR in October 2016 to more Under the Obama Administration, OFAC also amended the CACR in October 2016 to more
narrowly define the terms “prohibited officials of the Government of Cuba” and “prohibited narrowly define the terms “prohibited officials of the Government of Cuba” and “prohibited
members of the Cuban Communist Party.” The definition of these terms was significant because members of the Cuban Communist Party.” The definition of these terms was significant because
of the prohibition in the CACR against providing remittances to these individuals. of the prohibition in the CACR against providing remittances to these individuals.
Prior to the October 2016 change (and since 2004), prohibited government officials included al Prior to the October 2016 change (and since 2004), prohibited government officials included al
ministers and vice ministers; members of the Council of State and the Council of Ministers; ministers and vice ministers; members of the Council of State and the Council of Ministers;
members and employees of the National Assembly of People’s Power; members of any provincial members and employees of the National Assembly of People’s Power; members of any provincial
assembly; local sector chiefs of the Committees of the Defense for the Revolution; director assembly; local sector chiefs of the Committees of the Defense for the Revolution; director
generals and subdirector generals of al ministries and state agencies; employees of the Ministry generals and subdirector generals of al ministries and state agencies; employees of the Ministry
of the Interior and Ministry of Defense; secretaries and first secretaries of the Confederation of of the Interior and Ministry of Defense; secretaries and first secretaries of the Confederation of
Labor of Cuba and its component unions; chief editors, editors, and deputy editors of Cuban Labor of Cuba and its component unions; chief editors, editors, and deputy editors of Cuban
state-run media organizations and programs, including newspapers, television, and radio; and state-run media organizations and programs, including newspapers, television, and radio; and
members and employees of the Supreme Court. With the October 2016 change, prohibited members and employees of the Supreme Court. With the October 2016 change, prohibited
government officials were defined as including members of the Council of Ministers and flag government officials were defined as including members of the Council of Ministers and flag
officers of the Revolutionary Armed Forces. officers of the Revolutionary Armed Forces.
Similarly, prior to the October 2016 CACR change (and since 2004), the definition of members of Similarly, prior to the October 2016 CACR change (and since 2004), the definition of members of
the Cuban Communist Party included members of the Politburo, the Central Committee, the Cuban Communist Party included members of the Politburo, the Central Committee,
department heads and employees of the Central Committee, and secretaries and first secretaries of department heads and employees of the Central Committee, and secretaries and first secretaries of
the provincial central committees. With the October 2016 change, the definition of the term was the provincial central committees. With the October 2016 change, the definition of the term was
narrowed to include members of the Politburo. narrowed to include members of the Politburo.
Trump Administration Policy
In contrast to the Obama Administration’s actions, the Trump Administration has tightened In contrast to the Obama Administration’s actions, the Trump Administration has tightened
restrictions on travel to and from Cuba and on the transfer of private remittances to Cuba. restrictions on travel to and from Cuba and on the transfer of private remittances to Cuba.
Tightening of Travel Restrictions
The Trump Administration has made several significant changes to the CACR’s travel provisions. The Trump Administration has made several significant changes to the CACR’s travel provisions.
  Restricting Financial Transactions with Certain Cuban Entities: Cuba
Restricted List. In November 2017, OFAC added a new section (31 C.F.R. In November 2017, OFAC added a new section (31 C.F.R.
515.209) to the CACR setting forth restrictions, with some exceptions, on direct 515.209) to the CACR setting forth restrictions, with some exceptions, on direct
financial transactions with any person that the Secretary of State has identified as financial transactions with any person that the Secretary of State has identified as
an entity or subentity under the control of, or acting for or on behalf of, the an entity or subentity under the control of, or acting for or on behalf of, the
Cuban military, intel igence, or security services or personnel, and with which Cuban military, intel igence, or security services or personnel, and with which
direct financial transactions would disproportionately benefit such services or direct financial transactions would disproportionately benefit such services or
personnel at the expense of the Cuban people or private enterprise in Cuba.19 The personnel at the expense of the Cuban people or private enterprise in Cuba.19 The
State Department issued a list of restricted Cuban entities and subentities in State Department issued a list of restricted Cuban entities and subentities in
November 2017, commonly referred to as the “Cuba restricted list,” which has November 2017, commonly referred to as the “Cuba restricted list,” which has
been updated several times, most recently in September 2020. The list currently been updated several times, most recently in September 2020. The list currently

19 82 19 82 Federal Register 51998-5200, November 9, 2017. 51998-5200, November 9, 2017.
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includes 230 Cuban entities, including 111 hotels, 2 tourist agencies, 5 marinas, includes 230 Cuban entities, including 111 hotels, 2 tourist agencies, 5 marinas,
and 10 stores in Old Havana.20 Most categories of permissible travel (discussed and 10 stores in Old Havana.20 Most categories of permissible travel (discussed
below), with the exception of travel for official government business, journalistic below), with the exception of travel for official government business, journalistic
activities, humanitarian projects, and export transactions, have provisions activities, humanitarian projects, and export transactions, have provisions
prohibiting direct financial transactions with entities on the State Department’s prohibiting direct financial transactions with entities on the State Department’s
restricted list. restricted list.
  People-to-People Educational Travel. With regard to people-to-people With regard to people-to-people
educational travel, OFAC amended the CACR in November 2017 to eliminate educational travel, OFAC amended the CACR in November 2017 to eliminate
such travel for individuals but stil al owed such travel in groups.21 In June 2019, such travel for individuals but stil al owed such travel in groups.21 In June 2019,
OFAC further amended the CACR to remove the authorization altogether for OFAC further amended the CACR to remove the authorization altogether for
people-to-people educational travel (31 C.F.R. 515.565(b)).22 people-to-people educational travel (31 C.F.R. 515.565(b)).22
  Cuba Prohibited Accommodations List. Effective September 24, 2020, OFAC Effective September 24, 2020, OFAC
amended the CACR, adding a new section (31 C.F.R. 515.210) that prohibits any amended the CACR, adding a new section (31 C.F.R. 515.210) that prohibits any
person subject to U.S. jurisdiction from lodging, paying for lodging, or making person subject to U.S. jurisdiction from lodging, paying for lodging, or making
any reservation for or on behalf of a third party to lodge at any property in Cuba any reservation for or on behalf of a third party to lodge at any property in Cuba
that the Secretary of State has identified as a property that is owned or controlled that the Secretary of State has identified as a property that is owned or controlled
by the Cuban government, a prohibited Cuban government official, a prohibited by the Cuban government, a prohibited Cuban government official, a prohibited
member of the Communist Party, or a close relative of either.23 Several days later, member of the Communist Party, or a close relative of either.23 Several days later,
the State Department issued a “Cuba Prohibited Accommodations list” that the State Department issued a “Cuba Prohibited Accommodations list” that
included over 400 hotels (al Cuban hotels), as wel as privately owned included over 400 hotels (al Cuban hotels), as wel as privately owned
residences for rent (residences for rent (casas particulares) if they are controlled by a prohibited ) if they are controlled by a prohibited
government official or Communist Party member or close relative of either.24 government official or Communist Party member or close relative of either.24
  Removal of General License Authorizations for Professional Meetings and
Conferences and Public Performances, Clinics, Workshops, Competitions,
and Exhibitions. Effective September 24, 2020, OFAC amended the CACR to Effective September 24, 2020, OFAC amended the CACR to
eliminate general licenses for attending or organizing professional meetings or eliminate general licenses for attending or organizing professional meetings or
conferences in Cuba and for participating in public performances, clinics, conferences in Cuba and for participating in public performances, clinics,
workshops, certain athletic or nonathletic competitions, and exhibitions.25 (A workshops, certain athletic or nonathletic competitions, and exhibitions.25 (A
general license remains, however, for amateur and semi-professional general license remains, however, for amateur and semi-professional
international sports federation competitions.) Specific licenses may be issued on international sports federation competitions.) Specific licenses may be issued on
a case-by-case basis for transactions related to the above activities, although the a case-by-case basis for transactions related to the above activities, although the
amended CACR does not refer to organizing professional meetings. amended CACR does not refer to organizing professional meetings.
Travel Advisory. Another Trump Administration policy affecting U.S. travel to Cuba that was in Another Trump Administration policy affecting U.S. travel to Cuba that was in
place for a year was the State Department’s travel advisory for visiting the country. In September place for a year was the State Department’s travel advisory for visiting the country. In September
2017, the State Department issued a Cuba travel warning for U.S. citizens as part of the U.S. 2017, the State Department issued a Cuba travel warning for U.S. citizens as part of the U.S.
response to the unexplained injuries of U.S. diplomatic personnel in Cuba and their families.26 response to the unexplained injuries of U.S. diplomatic personnel in Cuba and their families.26

20 U.S. Department of State, “List of Restricted Entities and Subentities Associated with Cuba Effective September 29, 20 U.S. Department of State, “List of Restricted Entities and Subentities Associated with Cuba Effective September 29,
2020,” at https://www.state.gov/cuba-restricted-list/list-of-restricted-entities-and-subentities-associated-with-cuba-2020,” at https://www.state.gov/cuba-restricted-list/list-of-restricted-entities-and-subentities-associated-with-cuba-
effective-september-29-2020/. effective-september-29-2020/.
21 82 21 82 Federal Register 51998-5200, November 9, 2017. 51998-5200, November 9, 2017.
22 84 22 84 Federal Register 25992-25993, June 5, 2019. 25992-25993, June 5, 2019.
23 85 23 85 Federal Register 60068-60072, September 24, 2020. 60068-60072, September 24, 2020.
24 U.S. Department of State, “Cuba Prohibited Accommodations List Initial Publication,” September 28, 2020, at 24 U.S. Department of State, “Cuba Prohibited Accommodations List Initial Publication,” September 28, 2020, at
https://www.state.gov/cuba-sanctions/cuba-prohibited-accommodations-list/cuba-prohibited-accommodations-list-https://www.state.gov/cuba-sanctions/cuba-prohibited-accommodations-list/cuba-prohibited-accommodations-list-
initial-publication/. initial-publication/.
25 85 25 85 Federal Register 60068-60072, September 24, 2020. 60068-60072, September 24, 2020.
26 According to the 26 According to the ~~Stat e~~State Department, symptoms included “ear complaints, hearing loss, dizziness, headache, fatigue, Department, symptoms included “ear complaints, hearing loss, dizziness, headache, fatigue,
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The warning advised U.S. citizens to avoid travel to Cuba because of the risk of being subject to The warning advised U.S. citizens to avoid travel to Cuba because of the risk of being subject to
injury, since some of the incidents occurred at hotels frequented by U.S. citizens. In January injury, since some of the incidents occurred at hotels frequented by U.S. citizens. In January
2018, the State Department revamped its travel advisory system to include four advisory levels: 2018, the State Department revamped its travel advisory system to include four advisory levels:
Level 1, exercise normal precautions; Level 2, Level 1, exercise normal precautions; Level 2,
exercise increased caution; Level 3, reconsider exercise increased caution; Level 3, reconsider
Statistics on U.S. Travel to Cuba
travel; and Level 4, do not travel. At the time, travel; and Level 4, do not travel. At the time,
According to Cuban government statistics, the number According to Cuban government statistics, the number
the advisory for Cuba was set at Level 3, the advisory for Cuba was set at Level 3,
of Americans traveling to Cuba increased from 92,325 of Americans traveling to Cuba increased from 92,325
recommending that travelers should reconsider recommending that travelers should reconsider
in 2014 to 637,907 in 2018. This figure is in addition to in 2014 to 637,907 in 2018. This figure is in addition to
thousands of Cuban Americans who visit family in Cuba thousands of Cuban Americans who visit family in Cuba
travel to Cuba. In August 2018, however, the travel to Cuba. In August 2018, however, the
each year. In 2018, 600,306 Cubans living outside the each year. In 2018, 600,306 Cubans living outside the
State Department eased its travel advisory for State Department eased its travel advisory for
country visited Cuba, the majority from the United country visited Cuba, the majority from the United
Cuba to Level 2, exercise increased caution, Cuba to Level 2, exercise increased caution,
States. This brought the total number of U.S. travelers States. This brought the total number of U.S. travelers
with a spokesman maintaining that the agency with a spokesman maintaining that the agency
to Cuba in 2018 to over 1.2 mil ion. Overal , the Cuban to Cuba in 2018 to over 1.2 mil ion. Overal , the Cuban
“undertook a thorough review of the risks to “undertook a thorough review of the risks to
government reports that there were 4.7 mil ion government reports that there were 4.7 mil ion
international visitors to Cuba in 2018.a international visitors to Cuba in 2018.a
private U.S. citizens in Cuba and decided a private U.S. citizens in Cuba and decided a
The number of Americans traveling to Cuba began to The number of Americans traveling to Cuba began to
Level 2 travel advisory was appropriate.”27 Level 2 travel advisory was appropriate.”27
fal significantly beginning in 2019, as the Trump fal significantly beginning in 2019, as the Trump
Travel agencies and organizations sponsoring Travel agencies and organizations sponsoring
Administration eliminated people-to-people travel, Administration eliminated people-to-people travel,
travel to Cuba lauded the State Department’s travel to Cuba lauded the State Department’s
prohibited cruise ship travel to Cuba, and restricted prohibited cruise ship travel to Cuba, and restricted
easing of the travel advisory in August 2018. easing of the travel advisory in August 2018.
flights to Cuba. In 2019, the number of U.S. visitors flights to Cuba. In 2019, the number of U.S. visitors
traveling to Cuba declined by almost 22% to 498,067 traveling to Cuba declined by almost 22% to 498,067
With the onset of the Coronavirus Disease With the onset of the Coronavirus Disease
travelers, although the Cubans visiting from abroad travelers, although the Cubans visiting from abroad
2019 (COVID-19) pandemic, the State 2019 (COVID-19) pandemic, the State
increased by almost 4% to 623,972 travelers. In the first increased by almost 4% to 623,972 travelers. In the first
Department issued a global health travel Department issued a global health travel
two months of 2020, before the imposition of travel two months of 2020, before the imposition of travel
restrictions because of the COVID-19 pandemic, U.S. restrictions because of the COVID-19 pandemic, U.S.
advisory for al international travel on March advisory for al international travel on March
travel to Cuba declined by 64%, and travel by Cubans travel to Cuba declined by 64%, and travel by Cubans
31, 2020, which set the travel advisory for al 31, 2020, which set the travel advisory for al
living abroad declined by almost 4% compared with the living abroad declined by almost 4% compared with the
countries, including Cuba, to Level 4, do not countries, including Cuba, to Level 4, do not
same period in 2019.b same period in 2019.b
travel. On August 6, 2020, the State travel. On August 6, 2020, the State
Notes:
Department replaced its global health travel Department replaced its global health travel
a. República de Cuba, Oficina Nacional de Estadísticas e a. República de Cuba, Oficina Nacional de Estadísticas e
advisory for COVID-19 with country-specific advisory for COVID-19 with country-specific
Información (ONEI), Anuario Estadístico de Cuba 2018, Información (ONEI), Anuario Estadístico de Cuba 2018,
Capítulo 15: Turismo, Edición 2019. Capítulo 15: Turismo, Edición 2019.
country travel advisories and issued a Level 4 country travel advisories and issued a Level 4
b. ONEI, Turismo, Llegadas de visitants internacionales, b. ONEI, Turismo, Llegadas de visitants internacionales,
advisory for Cuba.28 According to the State advisory for Cuba.28 According to the State
December 2019 and February 2020. December 2019 and February 2020.
Department travel advisory, the Centers for Department travel advisory, the Centers for
Disease Control and Prevention issued a Level 3 Travel Health Notice for Cuba, indicating that Disease Control and Prevention issued a Level 3 Travel Health Notice for Cuba, indicating that
COVID-19 risk is high and recommending that travelers avoid al nonessential international COVID-19 risk is high and recommending that travelers avoid al nonessential international
travel to Cuba.29 travel to Cuba.29
Prohibition of Cruise Ships and Flight Limitations. The Trump Administration has taken The Trump Administration has taken
actions to reduce transportation from the United States to Cuba. In June 2019, the Department of actions to reduce transportation from the United States to Cuba. In June 2019, the Department of
Commerce (whose Bureau of Industry and Security regulates temporary sojourns to Cuba of both Commerce (whose Bureau of Industry and Security regulates temporary sojourns to Cuba of both
vessels and aircraft) amended the EAR to general y prohibit passenger and recreational vessels, vessels and aircraft) amended the EAR to general y prohibit passenger and recreational vessels,
including cruise ships, sailboats, yachts, fishing boats, and other similar vessels, from sailing to including cruise ships, sailboats, yachts, fishing boats, and other similar vessels, from sailing to

cognitive issues, and difficulty sleeping.” See U.S. Department of State, Remarks by Secretary of State Rex W. cognitive issues, and difficulty sleeping.” See U.S. Department of State, Remarks by Secretary of State Rex W.
T illerson, “Actions T aken in Response to Attacks on U.S. Government Personnel in Cuba,” September 29, 2017.T illerson, “Actions T aken in Response to Attacks on U.S. Government Personnel in Cuba,” September 29, 2017. For For
more background on the issue, see “ U.S. Response to Health Injuries of U.S. Personnel in Havana,” in CRS Report more background on the issue, see “ U.S. Response to Health Injuries of U.S. Personnel in Havana,” in CRS Report
R45657, R45657, Cuba: U.S. Policy in the 116th Congress. .
27 Courtney McBride, “U.S. Eases Security Warning for T ravel to Cuba; T rump Administration’s T ougher Policy 27 Courtney McBride, “U.S. Eases Security Warning for T ravel to Cuba; T rump Administration’s T ougher Policy
Remains in Place, But Assessment of Dangers Reduced,” Remains in Place, But Assessment of Dangers Reduced,” Wall Street Journal Online, August 23, 2018. , August 23, 2018.
28 U.S. Department of State, Bureau of Consular Affairs, “Cuba T ravel Advisory,” August 6, 2020, at 28 U.S. Department of State, Bureau of Consular Affairs, “Cuba T ravel Advisory,” August 6, 2020, at
https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/cuba-travel-advisory.html. https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/cuba-travel-advisory.html.
29 Centers for Disease Control and Prevention, “COVID-19 in Cuba,” August 6, 2020, at https://wwwnc.cdc.gov/travel/ 29 Centers for Disease Control and Prevention, “COVID-19 in Cuba,” August 6, 2020, at https://wwwnc.cdc.gov/travel/
notices/warning/coronavirus-cuba. notices/warning/coronavirus-cuba.
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Cuba.30 The prohibition on cruise ships, in particular, had a significant effect on fledging private Cuba.30 The prohibition on cruise ships, in particular, had a significant effect on fledging private
business that had sprung up catering to cruise ship passengers.31 business that had sprung up catering to cruise ship passengers.31
Since 2019, the Administration has taken multiple actions to restrict air travel to Cuba. In June Since 2019, the Administration has taken multiple actions to restrict air travel to Cuba. In June
2019, the Department of Commerce prohibited private and corporate aircraft ineligible for a 2019, the Department of Commerce prohibited private and corporate aircraft ineligible for a
license exception to fly to Cuba.32 In December 2019, the Department of Transportation, at the license exception to fly to Cuba.32 In December 2019, the Department of Transportation, at the
request of the Department of State, suspended commercial flights by U.S. carriers between the request of the Department of State, suspended commercial flights by U.S. carriers between the
United States and Cuban cities other than Havana; this prohibition was extended to public charter United States and Cuban cities other than Havana; this prohibition was extended to public charter
flights (to cities other than Havana) in January 2020, which were subsequently capped to 3,600 flights (to cities other than Havana) in January 2020, which were subsequently capped to 3,600
round-trip flights for the year beginning June 1, 2020.33 In August 2020, the Department of round-trip flights for the year beginning June 1, 2020.33 In August 2020, the Department of
Transportation, at the request of the Department of State, suspended private charter flights to Transportation, at the request of the Department of State, suspended private charter flights to
Cuba, effective October 13, 2020, to al Cuban cities, including Havana.34 Cuba, effective October 13, 2020, to al Cuban cities, including Havana.34
Tightening of Restrictions on Remittances
The Trump Administration has tightened restrictions on remittances to Cuba through amendments The Trump Administration has tightened restrictions on remittances to Cuba through amendments
to the CACR. to the CACR.
In November 2017, OFAC changed the definition of Cuban government officials to what it had In November 2017, OFAC changed the definition of Cuban government officials to what it had
been before the Obama changed it in October 2016. The change was significant, because the been before the Obama changed it in October 2016. The change was significant, because the
CACR prohibits sending remittances to such government officials. Instead of being limited to CACR prohibits sending remittances to such government officials. Instead of being limited to
“members of the Council of Ministers and flag officers of the Revolutionary Armed Forces,” the “members of the Council of Ministers and flag officers of the Revolutionary Armed Forces,” the
definition of prohibited Cuban government officials was expanded to include al ministers and definition of prohibited Cuban government officials was expanded to include al ministers and
vice ministers; members of the Council of State and the Council of Ministers; members and vice ministers; members of the Council of State and the Council of Ministers; members and
employees of the National Assembly of People’s Power; members of any provincial assembly; employees of the National Assembly of People’s Power; members of any provincial assembly;
local sector chiefs of the Committees of the Defense for the Revolution; director generals and local sector chiefs of the Committees of the Defense for the Revolution; director generals and
subdirector generals of al ministries and state agencies; employees of the Ministry of the Interior subdirector generals of al ministries and state agencies; employees of the Ministry of the Interior
and Ministry of Defense; secretaries and first secretaries of the Confederation of Labor of Cuba and Ministry of Defense; secretaries and first secretaries of the Confederation of Labor of Cuba
and its component unions; chief editors, editors, and deputy editors of Cuban state-run media and its component unions; chief editors, editors, and deputy editors of Cuban state-run media
organizations and programs, including newspapers, television, and radio; and members and organizations and programs, including newspapers, television, and radio; and members and
employees of the Supreme Court.35 (31 C.F.R. 515.337) employees of the Supreme Court.35 (31 C.F.R. 515.337)
In September 2019, OFAC made several amendments to the CACR further restricting remittances In September 2019, OFAC made several amendments to the CACR further restricting remittances
to Cuba. to Cuba.

30 U.S. Department of Commerce, “Restricting the T emporary Sojourn of Aircraft and Vessels to Cuba,” 84 30 U.S. Department of Commerce, “Restricting the T emporary Sojourn of Aircraft and Vessels to Cuba,” 84 Federal
Register 25986-25989, June 5, 2019. 25986-25989, June 5, 2019.
31 Mimi Whitefield, “U.S. Cruise Ships Brought a Boom to Cuba. Now, Some Small Businesses Are Struggling,” 31 Mimi Whitefield, “U.S. Cruise Ships Brought a Boom to Cuba. Now, Some Small Businesses Are Struggling,”
Miam i Herald, December 20, 2019. , December 20, 2019.
32 Ibid. 32 Ibid.
33 U.S. Department of T ransportation, “Notice (Suspending U.S.-Cuba Scheduled Services via Non-Havana Points,” 33 U.S. Department of T ransportation, “Notice (Suspending U.S.-Cuba Scheduled Services via Non-Havana Points,”
October 25, 2019, Dockets DOT -OST -2016-0021, DOT -OST -2016-0226, DOT -OST -1998-20; U.S. Department of October 25, 2019, Dockets DOT -OST -2016-0021, DOT -OST -2016-0226, DOT -OST -1998-20; U.S. Department of
T ransportation, and “T ransportation, and “ Final Order, U.S.-Havana Public Charter Authorizations, Docket DOT -OST -2020-0011, May 28, Final Order, U.S.-Havana Public Charter Authorizations, Docket DOT -OST -2020-0011, May 28,
2020; U.S. Department of State, “United States Restricts Scheduled Air Service to Cuba,” media note, October 25, 2020; U.S. Department of State, “United States Restricts Scheduled Air Service to Cuba,” media note, October 25,
2019; and U.S. Department of State, Secretary of State Michael R. Pompeo, “2019; and U.S. Department of State, Secretary of State Michael R. Pompeo, “ United States Further Restricts Air T ravel United States Further Restricts Air T ravel
to Cuba,” press statement, January 10, 2020. to Cuba,” press statement, January 10, 2020.
34 U.S. Department of State, Secretary of State Michael R. 34 U.S. Department of State, Secretary of State Michael R. ~~Pompeo~~Pomp eo, “Suspension of Private Charter Flights between the , “Suspension of Private Charter Flights between the
United States and Cuba,” press statement, August 13, 2020; and U.S. Department of T ransportation, “United States and Cuba,” press statement, August 13, 2020; and U.S. Department of T ransportation, “ Order, Order,
Suspension of U.S.-Cuba Charter Authorizations, Docket DOT -OST -2020-0129,” August 13, 2020. Suspension of U.S.-Cuba Charter Authorizations, Docket DOT -OST -2020-0129,” August 13, 2020.
35 U.S. Department of the T reasury, “Treasury, Commerce, and State Implement Changes to the Cuba Sanctions 35 U.S. Department of the T reasury, “Treasury, Commerce, and State Implement Changes to the Cuba Sanctions
Rules,” fact sheet, November 8, 2017; and 82 Rules,” fact sheet, November 8, 2017; and 82 Federal Register 51998-5200, November 9, 2017. 51998-5200, November 9, 2017.
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 OFAC capped family remittances to any one Cuban national to $1,000 per  OFAC capped family remittances to any one Cuban national to $1,000 per
quarter; such family remittances had not been capped since 2009. quarter; such family remittances had not been capped since 2009.
 In a new provision, OFAC prohibited sending remittances to close family  In a new provision, OFAC prohibited sending remittances to close family
members of prohibited officials of the Cuban government or close family members of prohibited officials of the Cuban government or close family
members of prohibited members of the Cuban Communist Party. members of prohibited members of the Cuban Communist Party.
 OFAC eliminated the category of donative remittances that had been established  OFAC eliminated the category of donative remittances that had been established
in 2015 but authorized remittances to support the operation of economic activity in 2015 but authorized remittances to support the operation of economic activity
in the non-state sector by self-employed individuals.36 in the non-state sector by self-employed individuals.36
In June and September 2020, In June and September 2020, respectively, the State Department respectively added to its “Cuba restricted list” the State Department respectively added to its “Cuba restricted list”
two Cuban financial services companies—FINCIMEX and American International Services two Cuban financial services companies—FINCIMEX and American International Services
(AIS)—involved in facilitating the processing of foreign remittances to Cuba.37 When (AIS)—involved in facilitating the processing of foreign remittances to Cuba.37 When
FINCIMEX was added to the list in June, concerns were raised that remittances sent to Cuba via FINCIMEX was added to the list in June, concerns were raised that remittances sent to Cuba via
Western Union could be jeopardized, although Western Union at the time indicated that its Western Union could be jeopardized, although Western Union at the time indicated that its
remittance services would continue.38 Notably, President Trump’s 2017 national security remittance services would continue.38 Notably, President Trump’s 2017 national security
presidential memorandum on Cuba had said that forthcoming regulatory changes related to the presidential memorandum on Cuba had said that forthcoming regulatory changes related to the
Administration’s policy shift on Cuba would not prohibit transactions related “to sending, Administration’s policy shift on Cuba would not prohibit transactions related “to sending,
processing, or receiving authorized remittances.”39 processing, or receiving authorized remittances.”39 ~~Western Union, which has more than 400~~
~~offices in Cuba, is the major financial services company used for transmitting remittances to~~
~~Cuba; it has partnered with FINCIMEX since 2016. Press reports indicated that following the~~
~~inclusion of AIS on the restricted list in September, Florida-based agencies that used AIS shifted~~
~~to using two Cuban government banks to send remittances to Cuba.40~~
~~On October 27, 2020,~~ On October 27, 2020, however, OFAC amended the CACR to prohibit, effective November 26, 2020, the OFAC amended the CACR to prohibit, effective November 26, 2020, the
processing of remittances through any entities on the “Cuba restricted list,” which processing of remittances through any entities on the “Cuba restricted list,” which included included
FINCIMEX.FINCIMEX.~~41 The action could significantly restrict the flow of remittances to Cuba. Cuba’s~~
~~Ministry of Foreign Affairs maintains that the U.S. action would result in the closure of Western~~
~~Union offices, although the company maintains it is “exploring ways to comply with the new~~
~~rules.”42~~40 The new regulations resulted in Western Union ceasing its operations in Cuba on November 22, until a solution can be found to keep its services open.41 Western Union, with more than 400 offices in Cuba, had been the major financial services company used for transmitting remittances to Cuba; it had partnered with FINCIMEX since 2016.
Current Permissible Travel to Cuba
At present, 12 categories of travel set forth in the CACR are authorized under a general license, At present, 12 categories of travel set forth in the CACR are authorized under a general license,
meaning there is no need to obtain special permission from OFAC; although for two of these meaning there is no need to obtain special permission from OFAC; although for two of these
categories, certain types of travel (professional meetings/conferences and public performances, categories, certain types of travel (professional meetings/conferences and public performances,
clinics, workshops, and certain athletic competitions) require a specific license (issued by OFAC clinics, workshops, and certain athletic competitions) require a specific license (issued by OFAC
on a case-by-case basis). The travel regulations can be found at 31 C.F.R. 515.560, which references other sections of the CACR for travel-related transaction licensing criteria. In addition, for each of the 12 categories of travel set forth in the CACR, specific licenses may be issued by OFAC for persons engaging in activities related to the specific category that do not qualify for the general license set forth for each category. As noted, applications for specific licenses are
36 U.S. Department of the T reasury, “Treasury Issues Changes to Strengthen Cuba Sanctions Rules,” fact sheet, 36 U.S. Department of the T reasury, “Treasury Issues Changes to Strengthen Cuba Sanctions Rules,” fact sheet,
September 6, 2019; and 84 September 6, 2019; and 84 Federal Register 47121-47123, September 9, 2019. 47121-47123, September 9, 2019.
37 U.S. Department of State, “List of Restricted Entities and Subentities Associated with Cuba Effective September 29, 37 U.S. Department of State, “List of Restricted Entities and Subentities Associated with Cuba Effective September 29,
2020.” 2020.”
38 Nora Gámez T orres, “Remittances to Cuba Could Be in Peril after New Announcement by the T rump 38 Nora Gámez T orres, “Remittances to Cuba Could Be in Peril after New Announcement by the T rump
Administration,” Administration,” Miami Herald, June 3, 2020. , June 3, 2020.
39 82 39 82 Federal Register 488875-48878, October 20, 2017. 488875-48878, October 20, 2017.
40 40 ~~Nora Gámez T orres, “Cuban Government Announces Closure of W estern Union Offices and Suspension of~~
~~Remittances,” Miami Herald, October 27, 2020.~~
~~41 85 Federal Register 67988-67989, October 27, 2020.~~
4285 Federal Register 67988-67989, October 27, 2020. 41 Western Union, “Cuba: A Letter to Our Customers,” November 13, 2020, at https://www.westernunion.com/blog/a-letter-to-our-cuba-customers/. Also see Ministry of Foreign Affairs, Republic of Cuba, “ Ministry of Foreign Affairs, Republic of Cuba, “ Measures Imposed by the U.S.Measures Imposed by the U.S. Government Against FINCIMEX Government Against FINCIMEX
Harm the Cuban People,” October 27, 2020; and Kirk Semple, “Harm the Cuban People,” October 27, 2020; and Kirk Semple, “ Cuba Says U.S.Cuba Says U.S. Restriction Imperils Its Economy,” Restriction Imperils Its Economy,”
New ~~York Tim es~~ York Times,” October 29, 2020. ,” October 29, 2020.
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~~on a case-by-case basis). The travel regulations can be found at 31 C.F.R. 515.560, which~~
~~references other sections of the CACR for travel-related transaction licensing criteria. In addition,~~
~~for each of the 12 categories of travel set forth in the CACR, specific licenses may be issued by~~
~~OFAC for persons engaging in activities related to the specific category that do not qualify for the~~
~~general license set forth for each category. As noted, applications for specific licenses are~~
reviewed and granted by OFAC on a case-by-case basis. Applicants for specific licenses have to reviewed and granted by OFAC on a case-by-case basis. Applicants for specific licenses have to
wait for OFAC to issue the license prior to engaging in travel-related transactions. Those wait for OFAC to issue the license prior to engaging in travel-related transactions. Those
individuals traveling to Cuba under either a general or specific license are responsible for keeping individuals traveling to Cuba under either a general or specific license are responsible for keeping
records of their Cuba-related transactions for at least five years. records of their Cuba-related transactions for at least five years.
OFAC maintains on its website a document of frequently asked questions on the Cuba sanctions OFAC maintains on its website a document of frequently asked questions on the Cuba sanctions
program that provides information on the travel restrictions, including the various categories of program that provides information on the travel restrictions, including the various categories of
travel. This document, along with the travel regulations themselves, provides guidance for travel. This document, along with the travel regulations themselves, provides guidance for
potential travelers to Cuba. potential travelers to Cuba.4342
As noted previously, most categories of permissible travel discussed below—with the exception As noted previously, most categories of permissible travel discussed below—with the exception
of travel for official government business, journalistic activities, humanitarian projects, and of travel for official government business, journalistic activities, humanitarian projects, and
export transactions—have provisions prohibiting direct financial transactions with entities on the export transactions—have provisions prohibiting direct financial transactions with entities on the
State Department’s “Cuba restricted list” last updated in September 2020. In addition, most State Department’s “Cuba restricted list” last updated in September 2020. In addition, most
categories of travel, with the exception of travel for official government business, have provisions categories of travel, with the exception of travel for official government business, have provisions
prohibiting any person subject to U.S. jurisdiction from lodging at Cuban hotels and other prohibiting any person subject to U.S. jurisdiction from lodging at Cuban hotels and other
properties on the State Department’s “Cuba Prohibited Accommodations List” issued in properties on the State Department’s “Cuba Prohibited Accommodations List” issued in
September 2020. September 2020.
As set forth in the CACR, the 12 categories of U.S. travel to Cuba are the following: As set forth in the CACR, the 12 categories of U.S. travel to Cuba are the following:
  Family Visits. Persons subject to the jurisdiction of the United States and Persons subject to the jurisdiction of the United States and
persons traveling with them who share a common dwel ing as a family visiting a persons traveling with them who share a common dwel ing as a family visiting a
close relative who is a national of Cuba or a person ordinarily resident in Cuba, close relative who is a national of Cuba or a person ordinarily resident in Cuba,
or visiting a close relative in Cuba or accompanying a close relative traveling to or visiting a close relative in Cuba or accompanying a close relative traveling to
Cuba pursuant to authorizations for such travel as official government business, Cuba pursuant to authorizations for such travel as official government business,
journalistic activity, professional research, certain educational activities, religious journalistic activity, professional research, certain educational activities, religious
activities, humanitarian projects, or activities of private foundations or research activities, humanitarian projects, or activities of private foundations or research
or educational institutes (31 C.F.R. 515.561(a)). A close relative is defined as any or educational institutes (31 C.F.R. 515.561(a)). A close relative is defined as any
individual related to the traveler by blood, marriage, or adoption who is no more individual related to the traveler by blood, marriage, or adoption who is no more
than three generations removed from the traveler or from a common ancestor than three generations removed from the traveler or from a common ancestor
with the traveler (31 C.F.R. 515.339). with the traveler (31 C.F.R. 515.339).
  Official Government Business. Employees, contractors, or grantees of the U.S. Employees, contractors, or grantees of the U.S.
government, any foreign government, or any intergovernmental organization of government, any foreign government, or any intergovernmental organization of
which the United States is a member or holds observer status, who are on official which the United States is a member or holds observer status, who are on official
business (31 C.F.R. 515.562). business (31 C.F.R. 515.562).
  Journalistic Activities. A person involved in journalistic activities and is at least A person involved in journalistic activities and is at least
one of the following: regularly employed as a journalist by a news reporting one of the following: regularly employed as a journalist by a news reporting
organization; regularly employed as supporting broadcast or technical personnel; organization; regularly employed as supporting broadcast or technical personnel;
a freelance journalist with a record of previous journalistic experience working a freelance journalist with a record of previous journalistic experience working
on a freelance journalistic project; or broadcast or technical personnel with a on a freelance journalistic project; or broadcast or technical personnel with a
record of previous broadcast or technical experience who are supporting a record of previous broadcast or technical experience who are supporting a
freelance journalist working on a freelance project (31 C.F.R. 515.563). freelance journalist working on a freelance project (31 C.F.R. 515.563).

~~43 U.S. Department of the T reasury, OFAC, “ Frequently Asked Questions on Changes to the Cuba Sanctions Program~~
~~as of October 26, 2020,” at https://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/1541.~~
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  Professional Research and Professional Meetings. Professional research, Professional research,
provided that the purpose of the research directly relates to the traveler’s provided that the purpose of the research directly relates to the traveler’s
profession, professional background, or area of expertise, including area of profession, professional background, or area of expertise, including area of
graduate-level full-time study; the traveler does not engage in recreational travel, graduate-level full-time study; the traveler does not engage in recreational travel,
tourist travel, travel in pursuit of a hobby, or research for personal satisfaction tourist travel, travel in pursuit of a hobby, or research for personal satisfaction
42 U.S. Department of the T reasury, OFAC, “ Frequently Asked Questions on Changes to the Cuba Sanctions Program as of October 26, 2020,” at https://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/1541. Congressional Research Service 13 Cuba: U.S. Restrictions on Travel and Remittances only; and the traveler’s schedule does not include free time or recreation in only; and the traveler’s schedule does not include free time or recreation in
excess of that consistent with a full-time schedule of professional research (31 excess of that consistent with a full-time schedule of professional research (31
C.F.R. 515.564(a)). C.F.R. 515.564(a)).

Specific licenses may be issued for professional meetings or conferences not Specific licenses may be issued for professional meetings or conferences not
otherwise authorized pursuant to other travel-related authorizations (31 C.F.R. otherwise authorized pursuant to other travel-related authorizations (31 C.F.R.
515.564(e)). Prior to OFAC changes to the CACR in September 2020, a general 515.564(e)). Prior to OFAC changes to the CACR in September 2020, a general
license had authorized professional meetings and conferences, either to attend or license had authorized professional meetings and conferences, either to attend or
organize, provided that the purpose was not the promotion of tourism in Cuba. organize, provided that the purpose was not the promotion of tourism in Cuba.
  Educational Activities. Accredited U.S. undergraduate or graduate degree- Accredited U.S. undergraduate or graduate degree-
granting academic institutions, their students, and full-time permanent employees granting academic institutions, their students, and full-time permanent employees
are authorized to engage in transactions directly incident to (1) participation in a are authorized to engage in transactions directly incident to (1) participation in a
structured educational program in Cuba as part of a course offered at a U.S. structured educational program in Cuba as part of a course offered at a U.S.
institution, provided the program includes a full term and not fewer than 10 institution, provided the program includes a full term and not fewer than 10
weeks of study in Cuba; (2) noncommercial academic research in Cuba weeks of study in Cuba; (2) noncommercial academic research in Cuba
specifical y related to Cuba for the purpose of obtaining a graduate degree; (3) specifical y related to Cuba for the purpose of obtaining a graduate degree; (3)
participation in a formal course of study at a Cuban academic institution, participation in a formal course of study at a Cuban academic institution,
provided the formal course of study in Cuba wil be accepted for credit toward provided the formal course of study in Cuba wil be accepted for credit toward
the student’s graduate or undergraduate degree and provided that the course of the student’s graduate or undergraduate degree and provided that the course of
study is no shorter than 10 weeks in duration; (4) teaching at a Cuban academic study is no shorter than 10 weeks in duration; (4) teaching at a Cuban academic
institution, provided that the individual is regularly employed in a teaching institution, provided that the individual is regularly employed in a teaching
capacity by a U.S. institution, and provided that the teaching activities are related capacity by a U.S. institution, and provided that the teaching activities are related
to an academic program at the Cuban institution and provided that the duration of to an academic program at the Cuban institution and provided that the duration of
the teaching wil be no shorter than 10 weeks; (5) sponsorship of a Cuban scholar the teaching wil be no shorter than 10 weeks; (5) sponsorship of a Cuban scholar
to teach or engage in other scholarly activity at the sponsoring U.S. academic to teach or engage in other scholarly activity at the sponsoring U.S. academic
institution; and (6) the organization of, and preparation for, the activities institution; and (6) the organization of, and preparation for, the activities
described above by a full-time permanent employee of the U.S. institution (31 described above by a full-time permanent employee of the U.S. institution (31
C.F.R. 515.565(a)(1)). C.F.R. 515.565(a)(1)).

To the extent not authorized above, U.S. academic institutions and their faculty, To the extent not authorized above, U.S. academic institutions and their faculty,
staff, and students are authorized to engage in transactions directly incident to the staff, and students are authorized to engage in transactions directly incident to the
following activities, provided these authorizations take place under the auspices following activities, provided these authorizations take place under the auspices
of an organization that is subject to U.S. jurisdiction and that al such travelers be of an organization that is subject to U.S. jurisdiction and that al such travelers be
accompanied by an employee, paid consultant, or other representative of the accompanied by an employee, paid consultant, or other representative of the
sponsoring organization: (1) participation in a structured educational program in sponsoring organization: (1) participation in a structured educational program in
Cuba as part of a course offered for credit by a U.S. graduate or undergraduate Cuba as part of a course offered for credit by a U.S. graduate or undergraduate
degree-granting academic institution that is sponsoring the program; (2) degree-granting academic institution that is sponsoring the program; (2)
noncommercial academic research in Cuba specifical y related to Cuba and for noncommercial academic research in Cuba specifical y related to Cuba and for
the purpose of obtaining an undergraduate or graduate degree; (3) participation in the purpose of obtaining an undergraduate or graduate degree; (3) participation in
a formal course of study at a Cuban academic institution that wil be accepted for a formal course of study at a Cuban academic institution that wil be accepted for
credit toward the student’s graduate or undergraduate degree; (4) teaching at a credit toward the student’s graduate or undergraduate degree; (4) teaching at a
Cuban academic institution related to an academic program at the Cuban Cuban academic institution related to an academic program at the Cuban
institution, provided the individual is regularly employed by a U.S. or other non-institution, provided the individual is regularly employed by a U.S. or other non-
Cuban academic institution; (5) sponsorship of a Cuban scholar to teach or Cuban academic institution; (5) sponsorship of a Cuban scholar to teach or
engage in other scholarly activity at the sponsoring U.S. academic institution; (6) engage in other scholarly activity at the sponsoring U.S. academic institution; (6)
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educational exchanges sponsored by Cuban or U.S. secondary schools involving educational exchanges sponsored by Cuban or U.S. secondary schools involving
student participation in a formal course of study or in a structured educational student participation in a formal course of study or in a structured educational
program offered by a secondary school or other academic institution and led by a program offered by a secondary school or other academic institution and led by a
teacher or other secondary school official; (7) sponsorship or cosponsorship of teacher or other secondary school official; (7) sponsorship or cosponsorship of
noncommercial academic seminars, conferences, symposia, and workshops noncommercial academic seminars, conferences, symposia, and workshops
Congressional Research Service 14 Cuba: U.S. Restrictions on Travel and Remittances related to Cuba or global issues involving Cuba and attendance at such events by related to Cuba or global issues involving Cuba and attendance at such events by
faculty, staff, and students of a participating U.S. academic institution; (8) faculty, staff, and students of a participating U.S. academic institution; (8)
establishment of academic exchanges and joint noncommercial academic establishment of academic exchanges and joint noncommercial academic
research projects with universities or academic institutions in Cuba; (9) provision research projects with universities or academic institutions in Cuba; (9) provision
of standardized testing services to Cuban nationals; (10) provision of internet-of standardized testing services to Cuban nationals; (10) provision of internet-
based courses, provided that the course content is at the undergraduate level or based courses, provided that the course content is at the undergraduate level or
below; (11) the organization of, and preparation for, activities described above, below; (11) the organization of, and preparation for, activities described above,
by an employee, paid consultant, agent, or other representative of the U.S. by an employee, paid consultant, agent, or other representative of the U.S.
sponsoring organization; and (12) the facilitation by a U.S. organization, or by a sponsoring organization; and (12) the facilitation by a U.S. organization, or by a
staff member of that organization, of licensed educational activities in Cuba on staff member of that organization, of licensed educational activities in Cuba on
behalf of U.S. academic institutions or secondary schools with certain provisions behalf of U.S. academic institutions or secondary schools with certain provisions
for the U.S. organization (31 C.F.R. 515.565(a)(2)). for the U.S. organization (31 C.F.R. 515.565(a)(2)).
  Religious Activities. Persons subject to U.S. jurisdiction, includingPersons subject to U.S. jurisdiction, including religious religious
organizations located in the United States and members and staff of such organizations located in the United States and members and staff of such
organizations engaged in a full-time program of religious activities (31 C.F.R. organizations engaged in a full-time program of religious activities (31 C.F.R.
515.566). 515.566).
  Public Performances, Clinics, Workshops, Athletic and Other Competitions,
and Exhibitions. Participation in amateur and semiprofessional international Participation in amateur and semiprofessional international
sports federation competitions, provided that the athletic competition is held sports federation competitions, provided that the athletic competition is held
under the auspices of the international sports federation for the relevant sport; the under the auspices of the international sports federation for the relevant sport; the
U.S. participants are selected by the U.S. federation for the relevant sport; and U.S. participants are selected by the U.S. federation for the relevant sport; and
the competition is open for attendance, and in relevant situations, participation by the competition is open for attendance, and in relevant situations, participation by
the Cuban public. (31 C.F.R. 515.567(a)). the Cuban public. (31 C.F.R. 515.567(a)).

Specific licenses may be issued for participation in, or organization of, public Specific licenses may be issued for participation in, or organization of, public
performances, clinics, workshops, other athletic or nonathletic competitions, or performances, clinics, workshops, other athletic or nonathletic competitions, or
exhibitions in Cuba, provided that the event is open for attendance, and in exhibitions in Cuba, provided that the event is open for attendance, and in
relevant situations, participation, by the Cuban public (31 C.F.R. 515.567 (b)). relevant situations, participation, by the Cuban public (31 C.F.R. 515.567 (b)).
(Prior to OFAC changes to the CACR in September 2020, these activities were (Prior to OFAC changes to the CACR in September 2020, these activities were
covered by a general license.) covered by a general license.)
  Support for the Cuban People. Those traveling for activities in support of the Those traveling for activities in support of the
Cuban people, provided that the activities are of recognized human rights Cuban people, provided that the activities are of recognized human rights
organizations; independent organizations designed to promote a rapid, peaceful organizations; independent organizations designed to promote a rapid, peaceful
transition to democracy; or individuals and nongovernmental organizations that transition to democracy; or individuals and nongovernmental organizations that
promote independent activity intended to strengthen civil society in Cuba (31 promote independent activity intended to strengthen civil society in Cuba (31
C.F.R. 515.574).C.F.R. 515.574).
  Humanitarian Projects. Those involved in the following humanitarian projects Those involved in the following humanitarian projects
in Cuba that are designed to directly benefit the Cuban people: medical and in Cuba that are designed to directly benefit the Cuban people: medical and
health-related projects; construction projects intended to benefit legitimately health-related projects; construction projects intended to benefit legitimately
independent civil society groups; disaster preparedness, relief, and response; independent civil society groups; disaster preparedness, relief, and response;
historical preservation; environmental projects; projects involving formal or historical preservation; environmental projects; projects involving formal or
nonformal educational training, within Cuba or off-island, on entrepreneurship nonformal educational training, within Cuba or off-island, on entrepreneurship
and business, civil education, journalism, advocacy and organizing, adult literacy, and business, civil education, journalism, advocacy and organizing, adult literacy,
or vocational skil s; community-based grassroots projects; projects suitable to the or vocational skil s; community-based grassroots projects; projects suitable to the
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development of smal -scale private enterprise; projects that are related to development of smal -scale private enterprise; projects that are related to
agricultural and rural development that promote independent activity; agricultural and rural development that promote independent activity;
microfinancing projects; and projects to meet basic human needs (31 C.F.R. microfinancing projects; and projects to meet basic human needs (31 C.F.R.
515.575). 515.575).
Congressional Research Service 15 Cuba: U.S. Restrictions on Travel and Remittances   Activities of Private Foundations or Research or Educational Institutes.
Those involved in activities by private foundations or research or education Those involved in activities by private foundations or research or education
institutes with an established interest in international relations to collect institutes with an established interest in international relations to collect
information related to Cuba for noncommercial purposes (31 C.F.R. 515.576). information related to Cuba for noncommercial purposes (31 C.F.R. 515.576).
  Exportation, Importation, or Transmission of Information or Informational
Materials. Those involved in the exportation, importation, or transmission of Those involved in the exportation, importation, or transmission of
informational materials, as defined (in 31 C.F.R. 515.332) as publications, films, informational materials, as defined (in 31 C.F.R. 515.332) as publications, films,
posters, phonograph records, photographs, microfilms, microfiche, tapes, posters, phonograph records, photographs, microfilms, microfiche, tapes,
compact disks, CD-ROMs, artworks, news wire feeds, and other informational compact disks, CD-ROMs, artworks, news wire feeds, and other informational
and informational articles. Those involved in professional media or artistic and informational articles. Those involved in professional media or artistic
productions of information or informational materials for exportation, productions of information or informational materials for exportation,
importation, or transmission, including the filming or production of media importation, or transmission, including the filming or production of media
programs (such as movies and television programs), the recording of music, and programs (such as movies and television programs), the recording of music, and
the creation of artworks in Cuba, provided that the traveler is regularly employed the creation of artworks in Cuba, provided that the traveler is regularly employed
in or has demonstrated professional experience in a field relevant to such in or has demonstrated professional experience in a field relevant to such
professional media or artistic productions (31 C.F.R. 515.545). professional media or artistic productions (31 C.F.R. 515.545).
  Export Transactions. Those involved in activities directly incident to the Those involved in activities directly incident to the
conduct of market research, commercial marketing, sales or contract negotiation, conduct of market research, commercial marketing, sales or contract negotiation,
accompanied delivery, instal ation, leasing, servicing, or repair in Cuba of items accompanied delivery, instal ation, leasing, servicing, or repair in Cuba of items
consistent with the export or re-export licensing policy of the Department of consistent with the export or re-export licensing policy of the Department of
Commerce (31 C.F.R. 515.533 and 31 C.F.R. 515.559). Commerce (31 C.F.R. 515.533 and 31 C.F.R. 515.559).
Current Policy on Remittances
U.S. restrictions on remittances to Cuba have been regulated by the CACR and, just like U.S. restrictions on remittances to Cuba have been regulated by the CACR and, just like
restrictions on travel, have changed over time. restrictions on travel, have changed over time. ~~The State Department estimates that cash~~
~~remittances to Cuba from the United States amounted to some $3.5 bil ion in 2017, while an~~
~~economic consulting group estimated almost $3.7 bil ion in remittances in 2018.44~~
Cash remittances to Cuba reportedly increased from almost $1.7 bil ion in 2009 to $3.7 bil ion in 2019, but they are expected to decline to $2.9 bil ion in 2020 because of COVID-19 restrictions that closed Cuban airports for months.43 In 2019, some 45% of remittances to Cuba reportedly were carried by individuals; the remainder went through remittance forwarding companies, with the largest being Western Union. As noted As noted above, Western Union ceased its operations in Cuba on November 22, 2020, because of new OFAC regulations prohibiting~~above, OFAC amended the CACR on October 27, 2020, to prohibit, effective November~~
~~26, 2020,~~ the processing of remittances through any entities on the “Cuba the processing of remittances through any entities on the “Cuba restricted list.”44 ~~restricted list.”45 This~~
~~applies to the following categories of remittances discussed below:~~
  Family Remittances. Persons subject to the jurisdiction of the United States who Persons subject to the jurisdiction of the United States who
are 18 years of age or older are authorized to send remittances to close relatives are 18 years of age or older are authorized to send remittances to close relatives
in Cuba (31 C.F.R. 515.570(a)). The remitter’s total family remittances to any in Cuba (31 C.F.R. 515.570(a)). The remitter’s total family remittances to any
one Cuban national may not exceed $1,000 in any consecutive three-month one Cuban national may not exceed $1,000 in any consecutive three-month
period. As with the travel-related transactions, a close relative is defined as any period. As with the travel-related transactions, a close relative is defined as any
individual related to the remitter by blood, marriage, or adoption who is no more individual related to the remitter by blood, marriage, or adoption who is no more
than three generations removed from the remitter or from a common ancestor than three generations removed from the remitter or from a common ancestor
with the remitter (31 C.F.R. 515.339). The recipient of the remittances cannot be with the remitter (31 C.F.R. 515.339). The recipient of the remittances cannot be
a prohibited official of the Cuban government (defined in 31 C.F.R. 515.337), a a prohibited official of the Cuban government (defined in 31 C.F.R. 515.337), a

~~44 U.S. Department of State, “U.S. Relations with Cuba,” fact sheet, November 22, 2019; and Havana Consulting~~
~~Group, “ Remesas, una ruta de inversión para los Cubanos?,” September 27, 2019.~~
45prohibited member of the Cuban Communist Party (defined in 31 C.F.R. 43 “COVID-19 puede hacer decliner las remesas a Cuba entre un 30 y 40% en 2020,” T he Havana Consulting Group and T ech, March 20, 2020; and “El envoi de remesas a Cuba cayó el 54.14% en 2020 pro la covid-19, Agencia EFE, November 24, 2020. 44 “COVID-19 Crushes the ‘Mule’ Business,” Havana Consulting Group and T ech, May 28, 2020; and 85 85 Federal Register 67988-67989, October 27, 2020.67988-67989, October 27, 2020.
Congressional Research Service Congressional Research Service
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link to page 23 link to page 22 link to page 23 link to page 22 Cuba: U.S. Restrictions on Travel and Remittances

~~prohibited member of the Cuban Communist Party (defined in 31 C.F.R.~~
515.338), or a close relative of a prohibited official of the Cuban government or 515.338), or a close relative of a prohibited official of the Cuban government or
of a prohibited member of the Cuban Communist party. of a prohibited member of the Cuban Communist party.
  Remittances to Religious Organizations. Persons subject to the jurisdiction of Persons subject to the jurisdiction of
the United States are authorized to send remittances to religious organizations in the United States are authorized to send remittances to religious organizations in
Cuba in support of religious activities (31 C.F.R. 515.570(c)). Cuba in support of religious activities (31 C.F.R. 515.570(c)).
  Remittances to U.S. Students in Cuba. Remittances are authorized to send to Remittances are authorized to send to
close relatives in Cuba who are students involved in licensed educational close relatives in Cuba who are students involved in licensed educational
activities (31 C.F.R. 515.570(d)). activities (31 C.F.R. 515.570(d)).
  Emigration-Related Remittances. Two one-time $1,000 emigration-related Two one-time $1,000 emigration-related
remittances are authorized (31 C.F.R. 515.570(e)). remittances are authorized (31 C.F.R. 515.570(e)).
  Remittances to Certain Individuals and Independent Nongovernmental
Organizations in Cuba. Persons subject to U.S. jurisdiction may send Persons subject to U.S. jurisdiction may send
remittances to certain individuals and independent nongovernmental entities in remittances to certain individuals and independent nongovernmental entities in
Cuba, including prodemocracy groups and civil society groups, and to members Cuba, including prodemocracy groups and civil society groups, and to members
of such organizations to support humanitarian projects designed to directly of such organizations to support humanitarian projects designed to directly
benefit the Cuban people; activities of recognized human rights organizations, benefit the Cuban people; activities of recognized human rights organizations,
independent organizations designed to promote a rapid, peaceful transition to independent organizations designed to promote a rapid, peaceful transition to
democracy, and individuals and NGOs that promote independent activity democracy, and individuals and NGOs that promote independent activity
intended to strengthen civil society in Cuba; and the development of private intended to strengthen civil society in Cuba; and the development of private
businesses and economic activity in the non-state sector by self-employed businesses and economic activity in the non-state sector by self-employed
individuals (31 C.F.R. 515.570(g)). individuals (31 C.F.R. 515.570(g)). Self-employed individuals means an owner of means an owner of
a smal private business or a sole proprietorship, including restaurants a smal private business or a sole proprietorship, including restaurants
((paladares), taxis, and bed-and-breakfasts (), taxis, and bed-and-breakfasts (casas particulares); an independent ); an independent
contractor or consultant; a smal farmer who owns his or her own land; or a smal contractor or consultant; a smal farmer who owns his or her own land; or a smal
usufruct farmer who cultivates state-owned land to sel products on the open usufruct farmer who cultivates state-owned land to sel products on the open
market (31 C.F.R. 515.340). market (31 C.F.R. 515.340).
  Carrying of Remittances to Cuba. Authorized travelers to Cuba may carry Authorized travelers to Cuba may carry
authorized remittances to Cuba (31 C.F.R. 515.560(c)(4)). Emigration-related authorized remittances to Cuba (31 C.F.R. 515.560(c)(4)). Emigration-related
remittances may not be carried to Cuba unless a U.S. immigration visa has been remittances may not be carried to Cuba unless a U.S. immigration visa has been
issued for the recipient and the licensed traveler can produce certain information issued for the recipient and the licensed traveler can produce certain information
regarding the recipient. regarding the recipient.
Debate on Travel Restrictions
There have been divergent views in Congress over the years regarding U.S. restric tions on travel There have been divergent views in Congress over the years regarding U.S. restric tions on travel
to Cuba. As noted, Congress approved legislation in 2000, the Trade Sanctions Reform and to Cuba. As noted, Congress approved legislation in 2000, the Trade Sanctions Reform and
Export Enhancement Act of 2000 (TSRA; P.L. 106-387, Title IX), with a provision prohibiting Export Enhancement Act of 2000 (TSRA; P.L. 106-387, Title IX), with a provision prohibiting
travel to Cuba for tourist activities. In 2009, Congress enacted an omnibus appropriations travel to Cuba for tourist activities. In 2009, Congress enacted an omnibus appropriations
measure (P.L. 111-8) with two provisions easing restrictions on family travel to Cuba and on measure (P.L. 111-8) with two provisions easing restrictions on family travel to Cuba and on
travel for the marketing and sale of agricultural and medical goods to Cuba. Numerous other travel for the marketing and sale of agricultural and medical goods to Cuba. Numerous other
legislative initiatives, including provisions in appropriations measures, have been introduced over legislative initiatives, including provisions in appropriations measures, have been introduced over
the years to further ease or lift restrictions on travel to Cuba, while other initiatives were the years to further ease or lift restrictions on travel to Cuba, while other initiatives were
introduced to tighten restrictions on travel to Cuba; none of these measures were enacted. (For introduced to tighten restrictions on travel to Cuba; none of these measures were enacted. (For
details on legislative action from 1999 to 2018, sedetails on legislative action from 1999 to 2018, see Appendix.) In the 116th Congress, two bil s ) In the 116th Congress, two bil s
have been introduced that would lift al restrictions on travel and one bil would lift al restrictions have been introduced that would lift al restrictions on travel and one bil would lift al restrictions
on travel and remittances. (See on travel and remittances. (See “Legislative Initiatives in the 116th Congress,” below.) ” below.)
~~Congressional Research Service~~
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Arguments for Lifting the Travel Restrictions. Those who argue in favor of lifting travel Those who argue in favor of lifting travel
restrictions altogether contend that the restrictions hinder U.S. efforts to influence political and restrictions altogether contend that the restrictions hinder U.S. efforts to influence political and
Congressional Research Service 17 Cuba: U.S. Restrictions on Travel and Remittances economic conditions in Cuba. They maintain that the best way to realize change in Cuba is to lift economic conditions in Cuba. They maintain that the best way to realize change in Cuba is to lift
restrictions, al owing a flood of U.S. citizens to travel and engage in conversations with average restrictions, al owing a flood of U.S. citizens to travel and engage in conversations with average
Cubans. They point to the influence of person-to-person contact in Russia and Eastern European Cubans. They point to the influence of person-to-person contact in Russia and Eastern European
nations, which they argue ultimately helped lead to the fal of communism in the Soviet bloc. nations, which they argue ultimately helped lead to the fal of communism in the Soviet bloc.
They maintain that restricting travel by ordinary Americans prevents interaction and information They maintain that restricting travel by ordinary Americans prevents interaction and information
exchanges with ordinary Cubans, exchanges that can help break down the Cuban government’s exchanges with ordinary Cubans, exchanges that can help break down the Cuban government’s
tight control and manipulation of news. tight control and manipulation of news.
Another argument made by those who want to lift al travel restrictions is that the restrictions Another argument made by those who want to lift al travel restrictions is that the restrictions
abridge the rights of ordinary Americans to travel. They contend that such restrictions subvert the abridge the rights of ordinary Americans to travel. They contend that such restrictions subvert the
first amendment right of free speech and maintain that the U.S. government should not limit the first amendment right of free speech and maintain that the U.S. government should not limit the
categories of travelers who can visit Cuba or subject them to record keeping. categories of travelers who can visit Cuba or subject them to record keeping.
Those in favor of lifting the travel restrictions also argue that U.S. citizens can travel to other Those in favor of lifting the travel restrictions also argue that U.S. citizens can travel to other
communist or authoritarian governments around the world, such as the People’s Republic of communist or authoritarian governments around the world, such as the People’s Republic of
China, Vietnam, and Iran. They point out that Americans could travel to the Soviet Union before China, Vietnam, and Iran. They point out that Americans could travel to the Soviet Union before
its breakup. In addition, they point to widespread public support for unrestricted travel by al its breakup. In addition, they point to widespread public support for unrestricted travel by al
Americans. Americans.4645
Final y, some supporters of lifting the travel restrictions argue that the U.S. economy would Final y, some supporters of lifting the travel restrictions argue that the U.S. economy would
benefit from increased demand for air and cruise travel, which reportedly would expand U.S. benefit from increased demand for air and cruise travel, which reportedly would expand U.S.
economic output, and from increased U.S. agricultural exports to Cuba. The U.S. International economic output, and from increased U.S. agricultural exports to Cuba. The U.S. International
Trade Commission (USITC) produced a study in 2007 (updated in 2009) examining the effects of Trade Commission (USITC) produced a study in 2007 (updated in 2009) examining the effects of
lifting U.S. restrictions on travel to Cuba and restrictions on U.S. government financing for lifting U.S. restrictions on travel to Cuba and restrictions on U.S. government financing for
agricultural exports to Cuba on the level of U.S. agricultural sales to Cuba. The USITC 2009 agricultural exports to Cuba on the level of U.S. agricultural sales to Cuba. The USITC 2009
update found that the U.S. share of Cuba’s agricultural imports would have increased update found that the U.S. share of Cuba’s agricultural imports would have increased
significantly absent the financing and travel restrictions.significantly absent the financing and travel restrictions.4746 The USITC completed another study in The USITC completed another study in
March 2016 on the effects of U.S. restrictions on trade with and travel to Cuba, which maintained March 2016 on the effects of U.S. restrictions on trade with and travel to Cuba, which maintained
that the ban on U.S. tourist travel to Cuba has limited Cuban demand for U.S.-sourced food that the ban on U.S. tourist travel to Cuba has limited Cuban demand for U.S.-sourced food
products. Easing restrictions on tourist travel, according to the report, would increase demand for products. Easing restrictions on tourist travel, according to the report, would increase demand for
high-value food products from the United States and for other high-quality U.S. products and high-value food products from the United States and for other high-quality U.S. products and
established brands. established brands.4847
Arguments for Maintaining the Travel Restrictions. Those favoring the continuation of Those favoring the continuation of
restrictions on travel to Cuba point out that there are already significant provisions in U.S. law restrictions on travel to Cuba point out that there are already significant provisions in U.S. law
permitting Americans to travel there for legitimate reasons that support the Cuban people and not permitting Americans to travel there for legitimate reasons that support the Cuban people and not
the Cuban government. They point out that thousands of Americans travel to Cuba legal y under the Cuban government. They point out that thousands of Americans travel to Cuba legal y under
the various provisions of the Cuban embargo regulations, and that now Cuban Americans may the various provisions of the Cuban embargo regulations, and that now Cuban Americans may
visit close relatives without restrictions. Other categories of travel al owed include students, visit close relatives without restrictions. Other categories of travel al owed include students,
journalists, researchers, artists, musicians, and athletes. journalists, researchers, artists, musicians, and athletes.

46 Another argument made for maintaining restrictions on travel to Cuba is that lifting them entirely would open the floodgates to American tourist travel that would support the Cuban government 45 For example, a February 2014 poll by the Atlantic Council found For example, a February 2014 poll by the Atlantic Council found ~~that~~t hat 61% of respondents nationwide (and 67% of 61% of respondents nationwide (and 67% of
respondents in Florida) supported removing all restrictions on travel to Cuba. See Atlantic Council, Adrienne Arsht respondents in Florida) supported removing all restrictions on travel to Cuba. See Atlantic Council, Adrienne Arsht
Latin American Center, Latin American Center, US-Cuba, A New Public Survey Supports Policy Change, February 11, 2014, at , February 11, 2014, at
http://www.atlanticcouncil.org/publications/reports/us-cuba-a-new-public-survey-supports-policy-change. http://www.atlanticcouncil.org/publications/reports/us-cuba-a-new-public-survey-supports-policy-change.
4746 USIT C, USIT C, U.S. Agricultural Sales to Cuba: Certain Economic Effects of U.S. Restrictions, USIT C Publication 3932, , USIT C Publication 3932,
July 2007, at http://www.usitc.gov/publications/332/pub3932.pdf; USIT C, July 2007, at http://www.usitc.gov/publications/332/pub3932.pdf; USIT C, U.S. Agricultural Sales to Cuba: Certain
Econom ic Effects of U.S. Restrictions, An Update, Office of Industries Working Paper, by Jonathan R. Coleman, no. , Office of Industries Working Paper, by Jonathan R. Coleman, no.
ID-22, June 2009, at http://www.usitc.gov/publications/332/ID-22.pdf. ID-22, June 2009, at http://www.usitc.gov/publications/332/ID-22.pdf.
4847 USIT C, USIT C, Overview of Cuban Imports of Goods and Services and Effects of U.S. Restrictions, USIT C Publication USIT C Publication
4597, March 2016, at https://www.usitc.gov/publications/332/pub4597.pdf. 4597, March 2016, at https://www.usitc.gov/publications/332/pub4597.pdf.
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~~Another argument made for maintaining restrictions on travel to Cuba is that lifting them entirely~~
~~would open the floodgates to American tourist travel that would support the Cuban government~~
by providing it with mil ions in tourist receipts. Advocates of restricting travel oppose any by providing it with mil ions in tourist receipts. Advocates of restricting travel oppose any
loosening that could prolong the regime by propping the regime up with increased income. In loosening that could prolong the regime by propping the regime up with increased income. In
contrast to those supporting tourist travel, they believe that continued travel restrictions wil help contrast to those supporting tourist travel, they believe that continued travel restrictions wil help
influence Cuba’s policy. Lifting travel restrictions, they argue, would eliminate the U.S. leverage influence Cuba’s policy. Lifting travel restrictions, they argue, would eliminate the U.S. leverage
on Cuba to enact further reforms and to improve the human rights situation. on Cuba to enact further reforms and to improve the human rights situation.
Those favoring the maintenance of travel restrictions argue that the reality of the human rights Those favoring the maintenance of travel restrictions argue that the reality of the human rights
situation dispels the notion that American tourists would be engaging in exchanges with ordinary situation dispels the notion that American tourists would be engaging in exchanges with ordinary
Cubans. They maintain that the thousands of European, Canadian, and other tourists who travel to Cubans. They maintain that the thousands of European, Canadian, and other tourists who travel to
Cuba each year largely stay in tourist hotels and have no discernible effect on the human rights Cuba each year largely stay in tourist hotels and have no discernible effect on the human rights
situation in Cuba. situation in Cuba.
Legislative Initiatives in the 116th Congress
In the 116th Congress, three bil s have been introduced that would lift restrictions on travel to In the 116th Congress, three bil s have been introduced that would lift restrictions on travel to
Cuba. Identical bil s H.R. 3960 (McGovern) and S. 2303 (Leahy), the Freedom for Americans to Cuba. Identical bil s H.R. 3960 (McGovern) and S. 2303 (Leahy), the Freedom for Americans to
Travel to Cuba Act of 2019, would prohibit most restrictions on travel to or from Cuba by U.S. Travel to Cuba Act of 2019, would prohibit most restrictions on travel to or from Cuba by U.S.
citizens and legal residents or any transactions incident to such travel. H.R. 2404 (Rush), the citizens and legal residents or any transactions incident to such travel. H.R. 2404 (Rush), the
United States-Cuba Relations Normalization Act, would lift most economic sanctions on Cuba, United States-Cuba Relations Normalization Act, would lift most economic sanctions on Cuba,
including restrictions on travel and remittances. including restrictions on travel and remittances.
For background on legislative action and initiatives related to the travel restrictions from the 106th For background on legislative action and initiatives related to the travel restrictions from the 106th
through the 115th Congress (1999-2018), sethrough the 115th Congress (1999-2018), see Appendix. For more comprehensive information on For more comprehensive information on
legislative initiatives on Cuba in the 116th Congress, see CRS Report R45657, legislative initiatives on Cuba in the 116th Congress, see CRS Report R45657, Cuba: U.S. Policy
in the 116th Congress. .

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Appendix. Legislative Action from the 106th to the
115th Congress, 1999-2018
Legislative Initiatives in the 106th Congress, 1999-2000
The only action completed by the 106th Congress relating to Cuba travel involved a tightening of The only action completed by the 106th Congress relating to Cuba travel involved a tightening of
travel restrictions. The final version of the FY2001 agriculture appropriations measure (P.L. 106-travel restrictions. The final version of the FY2001 agriculture appropriations measure (P.L. 106-
387, Title IX, Trade Sanctions Reform and Export Enhancement Act of 2000) included a 387, Title IX, Trade Sanctions Reform and Export Enhancement Act of 2000) included a
provision that restricts travel to Cuba to those categories of nontourist travel already provision that restricts travel to Cuba to those categories of nontourist travel already ~~allowed~~al owed by by
the Treasury Department regulations. Section 910 of the law provides that neither general nor the Treasury Department regulations. Section 910 of the law provides that neither general nor
specific licenses for travel to Cuba can be provided for activities that do not fit into the 12 specific licenses for travel to Cuba can be provided for activities that do not fit into the 12
categories expressly authorized in the Cuban Assets Control Regulations, Section 515.560 (a) of categories expressly authorized in the Cuban Assets Control Regulations, Section 515.560 (a) of
Title 31, C.F.R., paragraphs (1) through (12)). Title 31, C.F.R., paragraphs (1) through (12)).
As noted in the law, the Secretary of the Treasury may not authorize travel-related transactions As noted in the law, the Secretary of the Treasury may not authorize travel-related transactions
“for travel to, from, or within Cuba for tourist activities,” which are defined as any activity that is “for travel to, from, or within Cuba for tourist activities,” which are defined as any activity that is
not expressly authorized in the 12 categories of the regulations. The provision prevents the not expressly authorized in the 12 categories of the regulations. The provision prevents the
Administration from loosening the travel restrictions to al ow tourist travel. This, in effect, Administration from loosening the travel restrictions to al ow tourist travel. This, in effect,
strengthens restrictions on travel to Cuba and somewhat circumscribes the authority of OFAC to strengthens restrictions on travel to Cuba and somewhat circumscribes the authority of OFAC to
issue specific travel licenses on a case-by-case basis. Regulations implementing the provision of issue specific travel licenses on a case-by-case basis. Regulations implementing the provision of
the law were issued by OFAC on July 12, 2001. the law were issued by OFAC on July 12, 2001.
In other legislative action, the Senate considered the issue of travel to Cuba in June 30, 1999, In other legislative action, the Senate considered the issue of travel to Cuba in June 30, 1999,
floor action on the FY2000 Foreign Operations Appropriations bil , S. 1234. An amendment was floor action on the FY2000 Foreign Operations Appropriations bil , S. 1234. An amendment was
introduced by Senator Christopher Dodd that would have terminated regulations or prohibitions introduced by Senator Christopher Dodd that would have terminated regulations or prohibitions
on travel to Cuba and on transactions related to such travel in most instances.on travel to Cuba and on transactions related to such travel in most instances.4948 The Senate The Senate
defeated the amendment by tabling it in a 55-43 vote on June 30, 1999. On November 10, 1999, defeated the amendment by tabling it in a 55-43 vote on June 30, 1999. On November 10, 1999,
Senator Dodd introduced identical language as S. 1919, the Freedom to Travel to Cuba Act of Senator Dodd introduced identical language as S. 1919, the Freedom to Travel to Cuba Act of
2000, but no action was taken on the bil . 2000, but no action was taken on the bil .
The House took up the issue of travel to Cuba when it considered H.R. 4871, the Treasury The House took up the issue of travel to Cuba when it considered H.R. 4871, the Treasury
Department appropriations bil , on July 20, 2000. A Sanford amendment was approved (232-186) Department appropriations bil , on July 20, 2000. A Sanford amendment was approved (232-186)
to prohibit funds in the bil from being used to administer or enforce the Cuban Assets Control to prohibit funds in the bil from being used to administer or enforce the Cuban Assets Control
Regulations with respect to any travel or travel-related transaction. Subsequently, the language of Regulations with respect to any travel or travel-related transaction. Subsequently, the language of
the amendment was dropped from a new version of the FY2001 Treasury Department the amendment was dropped from a new version of the FY2001 Treasury Department
appropriations bil , H.R. 4985, introduced on July 26. H.R. 4985 was appended to the conference appropriations bil , H.R. 4985, introduced on July 26. H.R. 4985 was appended to the conference
report on the legislative branch appropriations bil —H.R. 4516, H.Rept. 106-796—in an attempt report on the legislative branch appropriations bil —H.R. 4516, H.Rept. 106-796—in an attempt
to bypass Senate debate on its version of the Treasury appropriations bil , S. 2900. The Senate to bypass Senate debate on its version of the Treasury appropriations bil , S. 2900. The Senate
initial y rejected this conference report on September 20, 2000, by a vote of 28-69, but later initial y rejected this conference report on September 20, 2000, by a vote of 28-69, but later
agreed to the report, 58-37, on October 12. The House had agreed to the conference report earlier, agreed to the report, 58-37, on October 12. The House had agreed to the conference report earlier,
on September 14, 2000, by a vote of 212-209. on September 14, 2000, by a vote of 212-209.

4948 T he Dodd amendment allowed for travel restrictions to be imposed if the United States is at war with Cuba, if armed T he Dodd amendment allowed for travel restrictions to be imposed if the United States is at war with Cuba, if armed
hostilities are in progress, or when threats to physical safety or public health exist. Under current law, the Secretary of hostilities are in progress, or when threats to physical safety or public health exist. Under current law, the Secretary of
State has the same authority to restrict travel (22 U.S.C. 211a). State has the same authority to restrict travel (22 U.S.C. 211a).
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Legislative Initiatives in the 107th Congress, 2001-~~200250~~200249
In the 107th Congress, although various measures were introduced that would have eliminated or In the 107th Congress, although various measures were introduced that would have eliminated or
eased restrictions on travel to Cuba and the House voted in both the first and second sessions to eased restrictions on travel to Cuba and the House voted in both the first and second sessions to
prohibit spending to administer the travel regulations, no legislative action was completed by the prohibit spending to administer the travel regulations, no legislative action was completed by the
end of the second session. end of the second session.
First Session Action
During July 25, 2001, floor action on H.R. 2590, the FY2002 Treasury Department During July 25, 2001, floor action on H.R. 2590, the FY2002 Treasury Department
appropriations bil , the House approved an amendment that would prohibit spending for appropriations bil , the House approved an amendment that would prohibit spending for
administering Treasury Department regulations restricting travel to Cuba. H.Amdt. 241, offered administering Treasury Department regulations restricting travel to Cuba. H.Amdt. 241, offered
by Representative Flake (which amended H.Amdt. 240 offered by Representative Smith), would by Representative Flake (which amended H.Amdt. 240 offered by Representative Smith), would
prohibit funding to administer the Cuban Assets Control Regulations (administered by OFAC) prohibit funding to administer the Cuban Assets Control Regulations (administered by OFAC)
with respect to any travel or travel-related transaction. The amendment was approved by a vote of with respect to any travel or travel-related transaction. The amendment was approved by a vote of
240 to 186, compared to a vote of 232-186 for a similar amendment in last year’s Treasury 240 to 186, compared to a vote of 232-186 for a similar amendment in last year’s Treasury
Department appropriations bil . Department appropriations bil .
The Senate version of H.R. 2590, approved September 19, 2001, did not include any provision The Senate version of H.R. 2590, approved September 19, 2001, did not include any provision
regarding U.S. restrictions on travel to Cuba, and the House provision was not included in the regarding U.S. restrictions on travel to Cuba, and the House provision was not included in the
House-Senate conference on the bil (H.Rept. 107-253). During Senate floor debate, Senator House-Senate conference on the bil (H.Rept. 107-253). During Senate floor debate, Senator
Byron Dorgan noted that he had intended to offer an amendment on the issue, but that he decided Byron Dorgan noted that he had intended to offer an amendment on the issue, but that he decided
not to because he did not want to slow passage of the bil . He indicated that he would support the not to because he did not want to slow passage of the bil . He indicated that he would support the
House provision during conference, but ultimately the House-Senate conference report on the bil House provision during conference, but ultimately the House-Senate conference report on the bil
did not include the Cuba provision. In light of changed congressional priorities in the aftermath of did not include the Cuba provision. In light of changed congressional priorities in the aftermath of
the September 11 attacks on New York and Washington, conference negotiators reportedly did not the September 11 attacks on New York and Washington, conference negotiators reportedly did not
want to slow passage of the bil with any controversial provisions. The Bush Administration had want to slow passage of the bil with any controversial provisions. The Bush Administration had
threatened to veto the Treasury bil if it included the Cuba travel provision. threatened to veto the Treasury bil if it included the Cuba travel provision.
Second Session Action
The Cuba travel issue received further consideration in the second session of the 107th Congress. The Cuba travel issue received further consideration in the second session of the 107th Congress.
A bipartisan House Cuba working group of 40 Representatives vowed as one of its goals to work A bipartisan House Cuba working group of 40 Representatives vowed as one of its goals to work
for a lifting of travel restrictions. On February 11, 2002, the Senate Appropriations Committee’s for a lifting of travel restrictions. On February 11, 2002, the Senate Appropriations Committee’s
Subcommittee on Treasury and General Government held a hearing on the issue, featuring Subcommittee on Treasury and General Government held a hearing on the issue, featuring
Administration and outside witnesses. Administration and outside witnesses.
The travel issue was part of debate during consideration of the FY2003 Treasury Department The travel issue was part of debate during consideration of the FY2003 Treasury Department
appropriations bil (H.R. 5120 and S. 2740). Secretary of State Colin Powel and Secretary of the appropriations bil (H.R. 5120 and S. 2740). Secretary of State Colin Powel and Secretary of the
Treasury Paul O’Neil said they would recommend that the President veto legislation that Treasury Paul O’Neil said they would recommend that the President veto legislation that
includes a loosening of restrictions on travel to Cuba (or a weakening of restrictions on private includes a loosening of restrictions on travel to Cuba (or a weakening of restrictions on private
financing for U.S. agricultural exports to Cuba).financing for U.S. agricultural exports to Cuba).5150 The White House also stated that President The White House also stated that President
Bush would veto such legislation. Bush would veto such legislation.5251
In July 23, 2002, floor action on H.R. 5120, the House approved three Cuba sanctions In July 23, 2002, floor action on H.R. 5120, the House approved three Cuba sanctions
amendments, including one on the easing of travel restrictions offered by Representative Jeff amendments, including one on the easing of travel restrictions offered by Representative Jeff

5049 For a complete listing and discussion of all Cuba bills in the 107th Congress, see CRS Report RL30806, For a complete listing and discussion of all Cuba bills in the 107th Congress, see CRS Report RL30806, Cuba: Issues
for the 107th Congress, by Mark P. Sullivan and Maureen T aft -Morales. , by Mark P. Sullivan and Maureen T aft -Morales.
5150 U.S. Department of State, International Information Programs, Washington File, “Bush Administration Opposes U.S. Department of State, International Information Programs, Washington File, “Bush Administration Opposes
Legislative Efforts to Amend Cuba Policy,” July 16, 2002. Legislative Efforts to Amend Cuba Policy,” July 16, 2002.
5251 White House, press briefing by Ari Fleischer, July 24, 2002. White House, press briefing by Ari Fleischer, July 24, 2002.
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Flake (the two other amendments would have eased restrictions on remittances and U.S. Flake (the two other amendments would have eased restrictions on remittances and U.S.
agricultural sales). The House approved the Flake travel amendment (H.Amdt. 552), by a vote of agricultural sales). The House approved the Flake travel amendment (H.Amdt. 552), by a vote of
262-167, which provided that no funds could be used to administer or enforce the Treasury 262-167, which provided that no funds could be used to administer or enforce the Treasury
Department regulations with respect to travel to Cuba. The Flake amendment would not prevent Department regulations with respect to travel to Cuba. The Flake amendment would not prevent
the issuance of general or specific licenses for travel to Cuba. Some observers raised the question the issuance of general or specific licenses for travel to Cuba. Some observers raised the question
of whether the effect of this amendment would be limited since the underlying embargo of whether the effect of this amendment would be limited since the underlying embargo
regulations restricting travel would remain unchanged; enforcement action against violations of regulations restricting travel would remain unchanged; enforcement action against violations of
the relevant embargo regulations could potential y take place in future years when the Treasury the relevant embargo regulations could potential y take place in future years when the Treasury
Department appropriations measure did not include the funding limitations on enforcing the travel Department appropriations measure did not include the funding limitations on enforcing the travel
restrictions. restrictions.5352
During consideration of H.R. 5120, the House also rejected two Cuba amendments. A Rangel During consideration of H.R. 5120, the House also rejected two Cuba amendments. A Rangel
amendment (H.Amdt. 555), rejected by a vote of 204-226, would have prevented any funds in the amendment (H.Amdt. 555), rejected by a vote of 204-226, would have prevented any funds in the
bil from being used to implement, administer, or enforce the overal economic embargo of Cuba, bil from being used to implement, administer, or enforce the overal economic embargo of Cuba,
which includes travel. A Goss amendment (H.Amdt. 551), rejected by a vote of 182-247, would which includes travel. A Goss amendment (H.Amdt. 551), rejected by a vote of 182-247, would
have provided that any limitation on the use of funds to administer or enforce regulations have provided that any limitation on the use of funds to administer or enforce regulations
restricting travel to Cuba or travel-related transactions would only apply after the President restricting travel to Cuba or travel-related transactions would only apply after the President
certified to Congress that certain conditions were met regarding biological weapons and certified to Congress that certain conditions were met regarding biological weapons and
terrorism.terrorism.5453 The rule for the bil ’s consideration, H.Res. 488 (H.Rept. 107-585), had provided that The rule for the bil ’s consideration, H.Res. 488 (H.Rept. 107-585), had provided that
the Goss amendment would not be subject to amendment. the Goss amendment would not be subject to amendment.
The House subsequently passed H.R. 5120 on July 24, 2002, by a vote of 308-121, with the three The House subsequently passed H.R. 5120 on July 24, 2002, by a vote of 308-121, with the three
Cuba amendments, including the Flake Cuba travel amendment. Cuba amendments, including the Flake Cuba travel amendment.
The Senate version of the Treasury Department appropriations measure, S. 2740, as reported by The Senate version of the Treasury Department appropriations measure, S. 2740, as reported by
the Senate Committee on Appropriations on July 17, 2002 (S.Rept. 107-212), included a the Senate Committee on Appropriations on July 17, 2002 (S.Rept. 107-212), included a
provision, in Section 516, that was similar, although not identical, to the Flake amendment provision, in Section 516, that was similar, although not identical, to the Flake amendment
described above. It provided that no funds may be used to enforce the Treasury Department described above. It provided that no funds may be used to enforce the Treasury Department
regulations with respect to any travel or travel-related transactions and would not prevent OFAC regulations with respect to any travel or travel-related transactions and would not prevent OFAC
from issuing general and specific licenses for travel to Cuba. In addition, Section 124 of the from issuing general and specific licenses for travel to Cuba. In addition, Section 124 of the
Senate bil stipulated that no Treasury Department funds for “Departmental Offices, Salaries, and Senate bil stipulated that no Treasury Department funds for “Departmental Offices, Salaries, and
Expenses” may be used by OFAC until OFAC has certain procedures in place to expedite license Expenses” may be used by OFAC until OFAC has certain procedures in place to expedite license
applications for travel to Cuba. applications for travel to Cuba.
Congress did not complete action on the FY2003 Treasury Department appropriations measure Congress did not complete action on the FY2003 Treasury Department appropriations measure
before the end of the 107th Congress, so action was deferred until the 108th Congress. before the end of the 107th Congress, so action was deferred until the 108th Congress.
Additional Legislative Initiatives in the 107th Congress
Several other initiatives were introduced in the 107th Congress that would have eased U.S. Several other initiatives were introduced in the 107th Congress that would have eased U.S.
restrictions on travel to Cuba, but no action was taken on these measures. restrictions on travel to Cuba, but no action was taken on these measures.
 H.R. 5022 (Flake), introduced June 26, 2002, would have lifted al restrictions on  H.R. 5022 (Flake), introduced June 26, 2002, would have lifted al restrictions on
travel to Cuba. travel to Cuba.
 Several broad bil s would have lifted al sanctions on trade, financial  Several broad bil s would have lifted al sanctions on trade, financial
transactions, and travel to Cuba: H.R. 174 (Serrano), the Cuban Reconciliation transactions, and travel to Cuba: H.R. 174 (Serrano), the Cuban Reconciliation
Act, introduced January 3, 2001, and identical bil s S. 400 (Baucus) and H.R. 798 Act, introduced January 3, 2001, and identical bil s S. 400 (Baucus) and H.R. 798

5352 “House Approves Limits on T reasury Enforcement of Cuba Embargo,” “House Approves Limits on T reasury Enforcement of Cuba Embargo,” Inside U.S. Trade, July 26, 2002. , July 26, 2002.
5453 For further information on the issues of biological weapons and terrorism as they For further information on the issues of biological weapons and terrorism as they relate to Cuba, seerelate to Cuba, see CRS Report CRS Report
RL30806, RL30806, Cuba: Issues for the 107th Congress, by Mark P. Sullivan and Maureen T aft -Morales. , by Mark P. Sullivan and Maureen T aft -Morales.
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(Rangel), the Free Trade with Cuba Act, introduced February 27 and 28, 2001, (Rangel), the Free Trade with Cuba Act, introduced February 27 and 28, 2001,
respectively. respectively.
 S. 1017 (Dodd) and H.R. 2138 (Serrano), the Bridges to the Cuban People Act of  S. 1017 (Dodd) and H.R. 2138 (Serrano), the Bridges to the Cuban People Act of
2001, introduced June 12, 2001, would, among other provisions, have removed 2001, introduced June 12, 2001, would, among other provisions, have removed
al restrictions on travel to Cuba by U.S. nationals or lawful permanent resident al restrictions on travel to Cuba by U.S. nationals or lawful permanent resident
aliens. aliens.
 Several bil s would, among other provisions, have repealed the travel restrictions  Several bil s would, among other provisions, have repealed the travel restrictions
imposed in the 106th Congress by the Trade Sanctions Reform and Export imposed in the 106th Congress by the Trade Sanctions Reform and Export
Enhancement Act of 2000 (P.L. 106-387, Title IX, Section 910). These include Enhancement Act of 2000 (P.L. 106-387, Title IX, Section 910). These include
identical bil s S. 402 (Baucus) and H.R. 797 (Rangel), the Cuban Humanitarian identical bil s S. 402 (Baucus) and H.R. 797 (Rangel), the Cuban Humanitarian
Trade Act of 2001, introduced February 27 and 28, 2001; S. 171 (Dorgan), Trade Act of 2001, introduced February 27 and 28, 2001; S. 171 (Dorgan),
introduced January 24, 2001; and S. 239 (Hagel), the Cuba Food and Medicine introduced January 24, 2001; and S. 239 (Hagel), the Cuba Food and Medicine
Access Act of 2001, introduced February 1, 2001. Access Act of 2001, introduced February 1, 2001.
Legislative Initiatives in the 108th Congress, 2003-~~200455~~200454
In the 108th Congress, several FY2004 and FY2005 appropriations bil s had provisions that would In the 108th Congress, several FY2004 and FY2005 appropriations bil s had provisions that would
have eased Cuba travel restrictions in various ways, but ultimately these provisions were not have eased Cuba travel restrictions in various ways, but ultimately these provisions were not
included in final appropriations measures. The George W. Bush Administration had threatened to included in final appropriations measures. The George W. Bush Administration had threatened to
veto legislation if it contained provisions weakening Cuba sanctions. In addition, several bil s in veto legislation if it contained provisions weakening Cuba sanctions. In addition, several bil s in
the 108th Congress were introduced that specifical y would have lifted or eased restrictions on the 108th Congress were introduced that specifical y would have lifted or eased restrictions on
travel to Cuba, but no action was taken on these measures. travel to Cuba, but no action was taken on these measures.
First Session Action
Since action on FY2003 Treasury Department appropriations was not completed before the end of Since action on FY2003 Treasury Department appropriations was not completed before the end of
the 107th Congress, the 108th Congress faced early action on it and other unfinished FY2003 the 107th Congress, the 108th Congress faced early action on it and other unfinished FY2003
appropriations measures. The final version of the FY2003 omnibus appropriations measure, appropriations measures. The final version of the FY2003 omnibus appropriations measure,
H.J.Res. 2 (P.L. 108-7), which included Treasury Department appropriations, did not include H.J.Res. 2 (P.L. 108-7), which included Treasury Department appropriations, did not include
provisions affecting restrictions on travel to Cuba. The White House had threatened to veto the provisions affecting restrictions on travel to Cuba. The White House had threatened to veto the
measure if it contained provisions weakening the embargo. While the Senate version did not measure if it contained provisions weakening the embargo. While the Senate version did not
include the Senate Appropriations Committee provision from the 107th Congress that would have include the Senate Appropriations Committee provision from the 107th Congress that would have
eased travel restrictions by prohibiting any funding for enforcing the Cuba travel regulations, it eased travel restrictions by prohibiting any funding for enforcing the Cuba travel regulations, it
did include a provision (contained in Division J, Section 124) that would have expedited action did include a provision (contained in Division J, Section 124) that would have expedited action
on travel applications for travel by OFAC within 90 days of receipt. Ultimately, however, the on travel applications for travel by OFAC within 90 days of receipt. Ultimately, however, the
Senate provision was dropped in the conference report (H.Rept. 108-10) on the omnibus measure. Senate provision was dropped in the conference report (H.Rept. 108-10) on the omnibus measure.
Both the House and Senate versions of the FY2004 Transportation-Treasury appropriations bil , Both the House and Senate versions of the FY2004 Transportation-Treasury appropriations bil ,
H.R. 2989, had nearly identical provisions that would have prevented funds from being used to H.R. 2989, had nearly identical provisions that would have prevented funds from being used to
administer or enforce restrictions on travel or travel-related transactions. But the provisions were administer or enforce restrictions on travel or travel-related transactions. But the provisions were
dropped in the conference report to the FY2004 Consolidated Appropriations Act, P.L. 108-199 dropped in the conference report to the FY2004 Consolidated Appropriations Act, P.L. 108-199
(H.R. 2673, H.Rept. 108-401, filed November 25, 2003), which incorporated seven regular (H.R. 2673, H.Rept. 108-401, filed November 25, 2003), which incorporated seven regular
appropriations acts, including Transportation-Treasury appropriations. The conference also appropriations acts, including Transportation-Treasury appropriations. The conference also
dropped two Cuba provisions from the House version of H.R. 2989 that would have eased dropped two Cuba provisions from the House version of H.R. 2989 that would have eased
restrictions on remittances and on people-to-people educational exchanges. The White House restrictions on remittances and on people-to-people educational exchanges. The White House
again threatened to veto any legislation that would weaken economic sanctions against Cuba. again threatened to veto any legislation that would weaken economic sanctions against Cuba.

5554 For a complete listing and discussion of all Cuba bills in the 108th Congress, see CRS Report RL31740, For a complete listing and discussion of all Cuba bills in the 108th Congress, see CRS Report RL31740, Cuba: Issues
for the 108th Congress, by Mark P. Sullivan. , by Mark P. Sullivan.
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The House provisions had been approved during September 9, 2003, House floor consideration of The House provisions had been approved during September 9, 2003, House floor consideration of
the H.R. 2989: H.Amdt. 375 (Flake), approved by a vote of 227-188, would have prevented funds the H.R. 2989: H.Amdt. 375 (Flake), approved by a vote of 227-188, would have prevented funds
from enforcing travel restrictions (§745 of the House version); H.Amdt. 377 (Delahunt), from enforcing travel restrictions (§745 of the House version); H.Amdt. 377 (Delahunt),
approved by a vote of 222-196, would have prevented funds from enforcing restrictions on approved by a vote of 222-196, would have prevented funds from enforcing restrictions on
remittances (§746); and H.Amdt. 382 (Davis), approved by a vote of 246-173, would have remittances (§746); and H.Amdt. 382 (Davis), approved by a vote of 246-173, would have
prohibited funds from being used to eliminate the travel category of people-to-people educational prohibited funds from being used to eliminate the travel category of people-to-people educational
exchanges (§749). exchanges (§749).
During Senate floor consideration of H.R. 2989 on October 23, 2003, the Senate approved by During Senate floor consideration of H.R. 2989 on October 23, 2003, the Senate approved by
voice vote S.Amdt. 1900 (Dorgan), nearly identical to the Flake amendment noted above that voice vote S.Amdt. 1900 (Dorgan), nearly identical to the Flake amendment noted above that
would have prevented funds from being used to administer or enforce restrictions on travel or would have prevented funds from being used to administer or enforce restrictions on travel or
travel-related transactions (§643 of the Senate version). A motion to table the Dorgan amendment travel-related transactions (§643 of the Senate version). A motion to table the Dorgan amendment
was defeated by a vote of 59-36. The Senate approved the bil by a vote of 91-3. The only was defeated by a vote of 59-36. The Senate approved the bil by a vote of 91-3. The only
difference between the Senate and House language was that the Dorgan amendment, as amended difference between the Senate and House language was that the Dorgan amendment, as amended
by S.Amdt. 1901 (Craig), provided that the section would take effect one day after enactment of by S.Amdt. 1901 (Craig), provided that the section would take effect one day after enactment of
the bil . the bil .
In other action, the conference on the FY2004 Consolidated Appropriations Act, P.L. 108-199 In other action, the conference on the FY2004 Consolidated Appropriations Act, P.L. 108-199
(H.R. 2673), also dropped a provision in the Senate version of the FY2004 agriculture (H.R. 2673), also dropped a provision in the Senate version of the FY2004 agriculture
appropriations bil that would have al owed travel to Cuba under a general license for travel appropriations bil that would have al owed travel to Cuba under a general license for travel
related to the sale of agricultural and medical goods. On July 17, 2003, the Senate Appropriations related to the sale of agricultural and medical goods. On July 17, 2003, the Senate Appropriations
Committee approved its version of the FY2004 agriculture appropriations bil , S. 1427, that Committee approved its version of the FY2004 agriculture appropriations bil , S. 1427, that
included a provision (§760) al owing travel to Cuba under a general license (which does not included a provision (§760) al owing travel to Cuba under a general license (which does not
require applying to the Treasury Department) for travel related to the commercial sale of require applying to the Treasury Department) for travel related to the commercial sale of
agricultural and medical goods. The Senate included this provision when it approved H.R. 2673 agricultural and medical goods. The Senate included this provision when it approved H.R. 2673
on November 6, 2003. The House-passed version of the bil , H.R. 2673, had no such provision. In on November 6, 2003. The House-passed version of the bil , H.R. 2673, had no such provision. In
early June 2003, the Treasury Department rejected an application for a specific license to travel to early June 2003, the Treasury Department rejected an application for a specific license to travel to
Cuba for organizers of a second U.S. food and agribusiness fair in Havana.Cuba for organizers of a second U.S. food and agribusiness fair in Havana.5655 The first such trade The first such trade
fair, held in September 2002, featured some 288 exhibitors from more than 30 states and resulted fair, held in September 2002, featured some 288 exhibitors from more than 30 states and resulted
in mil ions in U.S. agricultural sales to Cuba. in mil ions in U.S. agricultural sales to Cuba.5756
Second Session Action
Several FY2005 appropriations measures had provisions that would have eased Cuba sanctions, Several FY2005 appropriations measures had provisions that would have eased Cuba sanctions,
but these were dropped in the FY2005 omnibus appropriations measure (H.R. 4818, H.Rept. 108-but these were dropped in the FY2005 omnibus appropriations measure (H.R. 4818, H.Rept. 108-
792). 792).
The House-passed version of the FY2005 Commerce, Justice, and State appropriations bil , H.R. The House-passed version of the FY2005 Commerce, Justice, and State appropriations bil , H.R.
4754, approved July 8, 2004 (397-18), included a provision (§801) that would have prohibited 4754, approved July 8, 2004 (397-18), included a provision (§801) that would have prohibited
funds from being used to implement, administer, or enforce recent amendments to the Cuba funds from being used to implement, administer, or enforce recent amendments to the Cuba
embargo regulations that tightened restrictions on gift parcels and baggage taken by individuals embargo regulations that tightened restrictions on gift parcels and baggage taken by individuals
for travel to Cuba. The provision was added by a Flake amendment, H.Amdt. 647, approved by a for travel to Cuba. The provision was added by a Flake amendment, H.Amdt. 647, approved by a
vote of 221-194 on July 7, 2004. The Senate version of the bil , S. 2809, as reported out of vote of 221-194 on July 7, 2004. The Senate version of the bil , S. 2809, as reported out of
committee, did not include such a provision. committee, did not include such a provision.
Both the House-approved version of the FY2005 Transportation/Treasury appropriations bil , Both the House-approved version of the FY2005 Transportation/Treasury appropriations bil ,
H.R. 5025, and the Senate Appropriations Committee version of the bil , S. 2806, had provisions H.R. 5025, and the Senate Appropriations Committee version of the bil , S. 2806, had provisions
that would have eased Cuba sanctions in various ways. In its statement of policy on H.R. 5025, that would have eased Cuba sanctions in various ways. In its statement of policy on H.R. 5025,

5655 Nancy San Martin, “U.S. Pulls Plug on Cuba Expo,” Nancy San Martin, “U.S. Pulls Plug on Cuba Expo,” Miami Herald, June 18, 2003. , June 18, 2003.
5756 Nancy San Martin, “U.S. Official Dampens T rade-Show Enthusiasm with T alks of Cuban Credit,” Nancy San Martin, “U.S. Official Dampens T rade-Show Enthusiasm with T alks of Cuban Credit,” Miami Herald, ,
September 29, 2002. September 29, 2002.
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the Administration indicated that the President would veto the measure if it contained provisions the Administration indicated that the President would veto the measure if it contained provisions
weakening Cuba sanctions. weakening Cuba sanctions.
The House-passed version of H.R. 5025 had three provisions that would have eased Cuba The House-passed version of H.R. 5025 had three provisions that would have eased Cuba
sanctions. During floor consideration on September 21, 2004, by a vote of 225-174, the House sanctions. During floor consideration on September 21, 2004, by a vote of 225-174, the House
approved a Davis (of Florida) amendment (H.Amdt. 769), which provided that no funds could be approved a Davis (of Florida) amendment (H.Amdt. 769), which provided that no funds could be
used to administer, implement, or enforce the Bush Administration’s June 2004 tightening of used to administer, implement, or enforce the Bush Administration’s June 2004 tightening of
restrictions on visiting relatives in Cuba. On September 22, 2004, the House approved two restrictions on visiting relatives in Cuba. On September 22, 2004, the House approved two
additional Cuba amendments by voice vote, a Waters amendment (H.Amdt. 770) that would have additional Cuba amendments by voice vote, a Waters amendment (H.Amdt. 770) that would have
prohibited funds from being used to implement any sanction imposed on private commercial sales prohibited funds from being used to implement any sanction imposed on private commercial sales
of agricultural commodities or medicine or medical supplies to Cuba and a Lee amendment of agricultural commodities or medicine or medical supplies to Cuba and a Lee amendment
(H.Amdt. 771) that would have prohibited funds from being used to implement, administer, or (H.Amdt. 771) that would have prohibited funds from being used to implement, administer, or
enforce the Bush Administration’s June 2004 tightening of restrictions on travel for educational enforce the Bush Administration’s June 2004 tightening of restrictions on travel for educational
activities. The House also rejected a Rangel amendment (H.Amdt. 772) on September 22, 2004, activities. The House also rejected a Rangel amendment (H.Amdt. 772) on September 22, 2004,
by a vote of 225-188 that would have more broadly prohibited funds from being used to by a vote of 225-188 that would have more broadly prohibited funds from being used to
implement, administer, or enforce the economic embargo of Cuba. During September 15, 2004, implement, administer, or enforce the economic embargo of Cuba. During September 15, 2004,
House floor consideration of H.R. 5025, Representative Jeff Flake announced his intention not to House floor consideration of H.R. 5025, Representative Jeff Flake announced his intention not to
offer an amendment, as he had for the past three years, which would have prohibited funds from offer an amendment, as he had for the past three years, which would have prohibited funds from
being used to administer or enforce restrictions on travel or travel-related transactions. being used to administer or enforce restrictions on travel or travel-related transactions.
The Senate version of the FY2005 Transportation/Treasury appropriations bil , S. 2806, as The Senate version of the FY2005 Transportation/Treasury appropriations bil , S. 2806, as
reported out of the Senate Appropriations Committee (S.Rept. 108-342) on September 15, 2004, reported out of the Senate Appropriations Committee (S.Rept. 108-342) on September 15, 2004,
had a provision (§222) that would have prohibited funds from administering or enforcing had a provision (§222) that would have prohibited funds from administering or enforcing
restrictions on Cuba travel or travel-related transactions. That provision, which was proposed by restrictions on Cuba travel or travel-related transactions. That provision, which was proposed by
Senator Byron Dorgan, was unanimously approved by the Subcommittee on Transportation, Senator Byron Dorgan, was unanimously approved by the Subcommittee on Transportation,
Treasury, and General Government on September 9, 2004. Treasury, and General Government on September 9, 2004.
The Senate version of the FY2005 Agriculture Appropriation bil , S. 2803, as reported by the The Senate version of the FY2005 Agriculture Appropriation bil , S. 2803, as reported by the
Senate Appropriations Committee (S.Rept. 108-340), had a provision (§776) that would have Senate Appropriations Committee (S.Rept. 108-340), had a provision (§776) that would have
directed the Secretary of the Treasury to promulgate regulations al owing for travel to Cuba under directed the Secretary of the Treasury to promulgate regulations al owing for travel to Cuba under
a “general license” when it was related to the commercial sale of agricultural and medical a “general license” when it was related to the commercial sale of agricultural and medical
products. The House-passed version of the bil , H.R. 4766, had no such provision. In its statement products. The House-passed version of the bil , H.R. 4766, had no such provision. In its statement
of policy on the bil , the Administration stated that the President would veto the measure if it of policy on the bil , the Administration stated that the President would veto the measure if it
contained a provision weakening Cuba sanctions. contained a provision weakening Cuba sanctions.
Additional Initiatives in the 108th Congress
Among other initiatives introduced in the 108th Congress, but not acted upon, two bil s would Among other initiatives introduced in the 108th Congress, but not acted upon, two bil s would
specifical y have lifted restrictions on travel to Cuba: S. 950 (Enzi), introduced April 30, 2003, specifical y have lifted restrictions on travel to Cuba: S. 950 (Enzi), introduced April 30, 2003,
and H.R. 2071 (Flake), introduced May 13, 2003. H.R. 3422 (Serrano), introduced October 30, and H.R. 2071 (Flake), introduced May 13, 2003. H.R. 3422 (Serrano), introduced October 30,
2003, would, among other provisions, have lifted restrictions on travel to Cuba. Three broad 2003, would, among other provisions, have lifted restrictions on travel to Cuba. Three broad
legislative initiatives were introduced that would have lifted al Cuba embargo restrictions, legislative initiatives were introduced that would have lifted al Cuba embargo restrictions,
including those on travel: H.R. 188 (Serrano), introduced January 7, 2003, S. 403 (Baucus), including those on travel: H.R. 188 (Serrano), introduced January 7, 2003, S. 403 (Baucus),
introduced February 13, 2003, and H.R. 1698 (Paul), introduced April 9, 2003. Another initiative, introduced February 13, 2003, and H.R. 1698 (Paul), introduced April 9, 2003. Another initiative,
S. 2449 (Baucus)/H.R. 4457 (Otter), introduced respectively on May 19 and 20, 2004, would S. 2449 (Baucus)/H.R. 4457 (Otter), introduced respectively on May 19 and 20, 2004, would
have required yearly congressional approval for the renewal of trade and travel restrictions with have required yearly congressional approval for the renewal of trade and travel restrictions with
respect to Cuba. Final y, H.R. 4678 (Davis of Florida), introduced June 24, 2004, in the aftermath respect to Cuba. Final y, H.R. 4678 (Davis of Florida), introduced June 24, 2004, in the aftermath
of the President’s tightening of Cuba sanctions, would have barred certain additional restrictions of the President’s tightening of Cuba sanctions, would have barred certain additional restrictions
on travel and remittances to Cuba. on travel and remittances to Cuba.
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Legislative Initiatives in the 109th Congress, 2005-2006
In the 109th Congress, several amendments to FY2006 and FY2007 appropriations bil s that In the 109th Congress, several amendments to FY2006 and FY2007 appropriations bil s that
would have eased Cuba travel restrictions in various ways and restrictions on sending gift parcels would have eased Cuba travel restrictions in various ways and restrictions on sending gift parcels
to Cuba were defeated. Several bil s were introduced that would have lifted or eased restrictions to Cuba were defeated. Several bil s were introduced that would have lifted or eased restrictions
on travel and the provision of remittances to Cuba, but no action was taken on these measures. on travel and the provision of remittances to Cuba, but no action was taken on these measures.
First Session Action
On June 30, 2005, the House rejected three amendments easing Cuba sanctions to H.R. 3058, the On June 30, 2005, the House rejected three amendments easing Cuba sanctions to H.R. 3058, the
FY2006 Transportation, Treasury, Housing and Urban Development, Judiciary, District of FY2006 Transportation, Treasury, Housing and Urban Development, Judiciary, District of
Columbia, and Independent Agencies Appropriations Act. The amendments failed during House Columbia, and Independent Agencies Appropriations Act. The amendments failed during House
floor consideration: H.Amdt. 420 (Davis) on family travel, by a vote of 208-211; H.Amdt. 422 floor consideration: H.Amdt. 420 (Davis) on family travel, by a vote of 208-211; H.Amdt. 422
(Lee) on educational travel, by a vote of 187-233; and H.Amdt. 424 (Rangel) on the overal (Lee) on educational travel, by a vote of 187-233; and H.Amdt. 424 (Rangel) on the overal
embargo, by a vote of 169-250. An additional amendment on religious travel, H.Amdt. 421 embargo, by a vote of 169-250. An additional amendment on religious travel, H.Amdt. 421
(Flake), was withdrawn, and an amendment on family travel by members of the U.S. military, (Flake), was withdrawn, and an amendment on family travel by members of the U.S. military,
H.Amdt. 419 (Flake), was ruled out of order for constituting legislation in an appropriations bil . H.Amdt. 419 (Flake), was ruled out of order for constituting legislation in an appropriations bil .
The introduction of H.Amdt. 419 was prompted by the case of a U.S. military member who The introduction of H.Amdt. 419 was prompted by the case of a U.S. military member who
served in Iraq, Sergeant Carlos Lazo, who was prohibited from visiting his two sons in Cuba served in Iraq, Sergeant Carlos Lazo, who was prohibited from visiting his two sons in Cuba
because he last visited there in 2003. because he last visited there in 2003.
During June 29, 2005, Senate consideration of H.R. 2361, the FY2006 Interior, Environment, and During June 29, 2005, Senate consideration of H.R. 2361, the FY2006 Interior, Environment, and
Related Agencies Appropriations Act, the Senate rejected (60-35; a two-thirds majority vote was Related Agencies Appropriations Act, the Senate rejected (60-35; a two-thirds majority vote was
required) a motion to suspend the rules with respect to S.Amdt. 1059 (Dorgan), which would required) a motion to suspend the rules with respect to S.Amdt. 1059 (Dorgan), which would
have al owed travel to Cuba under a general license for the purpose of visiting a member of the have al owed travel to Cuba under a general license for the purpose of visiting a member of the
person’s immediate family for humanitarian reasons. The amendment was then ruled out of order. person’s immediate family for humanitarian reasons. The amendment was then ruled out of order.
Its introduction had also been prompted by the case of Sergeant Carlos Lazo, who wanted to visit Its introduction had also been prompted by the case of Sergeant Carlos Lazo, who wanted to visit
his sons in Cuba, one of whom was gravely sick. his sons in Cuba, one of whom was gravely sick.
On June 15, 2005, the House rejected (210-216) H.Amdt. 270 (Flake) to H.R. 2862, the FY2006 On June 15, 2005, the House rejected (210-216) H.Amdt. 270 (Flake) to H.R. 2862, the FY2006
Science, State, Justice, Commerce, and Related Agencies Appropriations Act. The amendment Science, State, Justice, Commerce, and Related Agencies Appropriations Act. The amendment
would have prohibited the use of funds to implement, administer, or enforce June 2004 tightened would have prohibited the use of funds to implement, administer, or enforce June 2004 tightened
restrictions on sending gift parcels to Cuba. H.Amdt. 269 (McDermott), which would have restrictions on sending gift parcels to Cuba. H.Amdt. 269 (McDermott), which would have
prohibited the use of funds in the bil to prosecute any individual for travel to Cuba, was offered prohibited the use of funds in the bil to prosecute any individual for travel to Cuba, was offered
but subsequently withdrawn. but subsequently withdrawn.
During April 6, 2005, Senate floor consideration of the FY2006 and FY2007 Foreign Affairs During April 6, 2005, Senate floor consideration of the FY2006 and FY2007 Foreign Affairs
Authorization Act, S. 600, the Senate considered S.Amdt. 281 (Baucus) and a second-degree Authorization Act, S. 600, the Senate considered S.Amdt. 281 (Baucus) and a second-degree
amendment, S.Amdt. 282 (Craig) that would have facilitated the sale of U.S. agricultural products amendment, S.Amdt. 282 (Craig) that would have facilitated the sale of U.S. agricultural products
to Cuba. The language of the amendments consisted of the provisions of S. 328 (Craig), the to Cuba. The language of the amendments consisted of the provisions of S. 328 (Craig), the
Agricultural Export Facilitation Act of 2005, which included a provision for a general license for Agricultural Export Facilitation Act of 2005, which included a provision for a general license for
travel transactions related to the marketing and sale of agricultural products, as opposed to the travel transactions related to the marketing and sale of agricultural products, as opposed to the
then requirement of a specific license for such travel transactions. Neither action on the then requirement of a specific license for such travel transactions. Neither action on the
amendments nor on S. 600 was completed. amendments nor on S. 600 was completed.
Second Session Action
On June 14, 2006, the House rejected two amendments to the FY2007 Transportation/Treasury On June 14, 2006, the House rejected two amendments to the FY2007 Transportation/Treasury
appropriation bil , H.R. 5576, which would have eased Cuba travel restrictions. H.Amdt. 1050 appropriation bil , H.R. 5576, which would have eased Cuba travel restrictions. H.Amdt. 1050
(Rangel), rejected by a vote of 183-245, would have prohibited funds from being used to (Rangel), rejected by a vote of 183-245, would have prohibited funds from being used to
implement the overal economic embargo of Cuba. H.Amdt. 1051 (Lee), rejected by a vote of implement the overal economic embargo of Cuba. H.Amdt. 1051 (Lee), rejected by a vote of
187-236, would have prohibited funds from being used to implement the Administration’s June 187-236, would have prohibited funds from being used to implement the Administration’s June
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2004 tightening of restrictions on educational travel to Cuba. An additional Cuba amendment, 2004 tightening of restrictions on educational travel to Cuba. An additional Cuba amendment,
H.Amdt. 1032 (Flake), would have prohibited the use of funds to amend regulations relating to H.Amdt. 1032 (Flake), would have prohibited the use of funds to amend regulations relating to
travel for religious activities in Cuba; it was withdrawn from consideration. travel for religious activities in Cuba; it was withdrawn from consideration.
In other action, on June 22, 2006, the Senate Appropriations Committee reported its version of the In other action, on June 22, 2006, the Senate Appropriations Committee reported its version of the
FY2007 Agriculture appropriations bil , H.R. 5384 (S.Rept. 109-266), which contained a FY2007 Agriculture appropriations bil , H.R. 5384 (S.Rept. 109-266), which contained a
provision (§755) liberalizing travel to Cuba related to the sale of agricultural and medical goods. provision (§755) liberalizing travel to Cuba related to the sale of agricultural and medical goods.
The provision would have provided for such travel under a general license, instead of under a The provision would have provided for such travel under a general license, instead of under a
specific license as then required, issued on a case-by-case basis by the Treasury Department. specific license as then required, issued on a case-by-case basis by the Treasury Department.
Final action on the appropriations measure was not completed by the end of the 109th Congress. Final action on the appropriations measure was not completed by the end of the 109th Congress.
Similar Senate provisions in FY2004 and FY2005 agricultural appropriations bil s were stripped Similar Senate provisions in FY2004 and FY2005 agricultural appropriations bil s were stripped
out of the final enacted measures. out of the final enacted measures.
Additional Initiatives in the 109th Congress
A number of other legislative initiatives were introduced in the 109th Congress that would have A number of other legislative initiatives were introduced in the 109th Congress that would have
eased restrictions on travel and remittances to Cuba. Two bil s—S. 894 (Enzi) and H.R. 1814 eased restrictions on travel and remittances to Cuba. Two bil s—S. 894 (Enzi) and H.R. 1814
(Flake)—would have specifical y lifted overal restrictions on travel to Cuba. H.R. 2617 (Davis) (Flake)—would have specifical y lifted overal restrictions on travel to Cuba. H.R. 2617 (Davis)
would have prohibited any additional restrictions on per diem al owances, family visits to Cuba, would have prohibited any additional restrictions on per diem al owances, family visits to Cuba,
remittances, and accompanied baggage beyond those that were in effect on June 15, 2004. H.R. remittances, and accompanied baggage beyond those that were in effect on June 15, 2004. H.R.
3064 (Lee) would have prohibited the use of funds available to the Department of the Treasury to 3064 (Lee) would have prohibited the use of funds available to the Department of the Treasury to
implement regulations from June 2004 that tightened restrictions on travel to Cuba for implement regulations from June 2004 that tightened restrictions on travel to Cuba for
educational activities. H.Con.Res. 206 (Serrano), introduced in the aftermath of Hurricane Dennis educational activities. H.Con.Res. 206 (Serrano), introduced in the aftermath of Hurricane Dennis
that struck Cuba in July 2005 (causing 16 deaths and significant damage), would have expressed that struck Cuba in July 2005 (causing 16 deaths and significant damage), would have expressed
the sense of Congress that the President should temporarily suspend restrictions on remittances, the sense of Congress that the President should temporarily suspend restrictions on remittances,
gift parcels, and family travel to Cuba to al ow Cuban Americans to assist their relatives. gift parcels, and family travel to Cuba to al ow Cuban Americans to assist their relatives.
Two bil s—H.R. 208 (Serrano) and H.R. 579 (Paul)—would have lifted the overal embargo on Two bil s—H.R. 208 (Serrano) and H.R. 579 (Paul)—would have lifted the overal embargo on
trade and financial transactions with Cuba, including restrictions on travel and remittances to trade and financial transactions with Cuba, including restrictions on travel and remittances to
Cuba. Cuba.
Final y, two identical bil s dealing with easing restrictions on exporting agricultural commodities Final y, two identical bil s dealing with easing restrictions on exporting agricultural commodities
to Cuba—H.R. 719 (Moran of Kansas) and S. 328 (Craig)—included provisions that would have to Cuba—H.R. 719 (Moran of Kansas) and S. 328 (Craig)—included provisions that would have
provided for a general license for travel transactions related to the marketing and sale of provided for a general license for travel transactions related to the marketing and sale of
agricultural products, as opposed to the then requirement of a specific license for such travel agricultural products, as opposed to the then requirement of a specific license for such travel
transactions. transactions.
Legislative Initiatives in the 110th Congress, 2007-2008
In the 110th Congress, several House and Senate committee versions of appropriations bil s had In the 110th Congress, several House and Senate committee versions of appropriations bil s had
provisions that would have eased restrictions on travel to Cuba in various ways, but none of these provisions that would have eased restrictions on travel to Cuba in various ways, but none of these
provisions were included in final enacted legislation. Numerous other bil s were introduced that provisions were included in final enacted legislation. Numerous other bil s were introduced that
would have eased restrictions on travel and remittance in various ways, but no action was taken would have eased restrictions on travel and remittance in various ways, but no action was taken
on these measures. on these measures.
First Session Action
In the first session of the 110th Congress, two Senate Appropriations Committee-reported versions In the first session of the 110th Congress, two Senate Appropriations Committee-reported versions
of appropriations bil s had provisions that would have eased restrictions on travel to Cuba for the of appropriations bil s had provisions that would have eased restrictions on travel to Cuba for the
marketing and sale of agricultural and medical goods, but ultimately these provisions were not marketing and sale of agricultural and medical goods, but ultimately these provisions were not
included in the FY2008 Consolidated Appropriations Act (P.L. 110-161). The Senate version of included in the FY2008 Consolidated Appropriations Act (P.L. 110-161). The Senate version of
the FY2008 Financial Services and General Government appropriations bil , reported July 19, the FY2008 Financial Services and General Government appropriations bil , reported July 19,
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2007, H.R. 2829, had a provision in Section 620 that would eased such travel restrictions, while 2007, H.R. 2829, had a provision in Section 620 that would eased such travel restrictions, while
the Senate version of the FY2008 Agriculture appropriations bil , S. 1859, reported July 24, 2007, the Senate version of the FY2008 Agriculture appropriations bil , S. 1859, reported July 24, 2007,
had such a provision in Section 741. had such a provision in Section 741.
Second Session Action
In the second session, several versions of House and Senate appropriations bil s had provisions In the second session, several versions of House and Senate appropriations bil s had provisions
easing Cuba travel restrictions and other Cuba sanctions, but none of these were included in the easing Cuba travel restrictions and other Cuba sanctions, but none of these were included in the
FY2009 continuing resolution. The House Appropriations Committee approved its version of the FY2009 continuing resolution. The House Appropriations Committee approved its version of the
Financial Services and General Government Appropriations bil for FY2009 on June 25, 2008, Financial Services and General Government Appropriations bil for FY2009 on June 25, 2008,
which contained provisions in Title VI that would have eased restrictions on the sale of U.S. which contained provisions in Title VI that would have eased restrictions on the sale of U.S.
agricultural exports to Cuba and on family travel to Cuba. The committee ultimately introduced agricultural exports to Cuba and on family travel to Cuba. The committee ultimately introduced
and reported the bil , H.R. 7323, on December 10, 2008 (H.Rept. 110-920). With regard to family and reported the bil , H.R. 7323, on December 10, 2008 (H.Rept. 110-920). With regard to family
travel, Section 622 would have al owed for such travel once a year (instead of the then restriction travel, Section 622 would have al owed for such travel once a year (instead of the then restriction
of once every three years), while Section 623 would have expanded such travel by a person to of once every three years), while Section 623 would have expanded such travel by a person to
visit an aunt, uncle, niece, nephew, or first cousin (instead of the then restriction limiting such visit an aunt, uncle, niece, nephew, or first cousin (instead of the then restriction limiting such
travel to visit a spouse, child, grandchild, parent, grandparent, or sibling). travel to visit a spouse, child, grandchild, parent, grandparent, or sibling).
On July 14, 2008, the Senate Appropriations Committee reported its version of the FY2009 On July 14, 2008, the Senate Appropriations Committee reported its version of the FY2009
Financial Services and General Government Appropriations bil , S. 3260 (S.Rept. 110-417), Financial Services and General Government Appropriations bil , S. 3260 (S.Rept. 110-417),
which included provisions easing restrictions on family travel and on travel to Cuba relating to which included provisions easing restrictions on family travel and on travel to Cuba relating to
the commercial sale of agricultural and medical goods. With regard to family travel, Section 620 the commercial sale of agricultural and medical goods. With regard to family travel, Section 620
would have provided that no funds could be used to administer, implement, or enforce the would have provided that no funds could be used to administer, implement, or enforce the
Administration’s June 2004 tightening of restrictions related to travel to visit relatives in Cuba. Administration’s June 2004 tightening of restrictions related to travel to visit relatives in Cuba.
With regard to travel for agricultural or medical sales, Section 619 would have al owed for a With regard to travel for agricultural or medical sales, Section 619 would have al owed for a
general license for such travel instead of a specific license that requires permission from the general license for such travel instead of a specific license that requires permission from the
Treasury Department. Treasury Department.
On July 21, 2008, the Senate Appropriations Committee reported its version of the FY2009 On July 21, 2008, the Senate Appropriations Committee reported its version of the FY2009
Agriculture Appropriations bil , S. 3289 (S.Rept. 110-426), with a provision in Section 737 that Agriculture Appropriations bil , S. 3289 (S.Rept. 110-426), with a provision in Section 737 that
would have eased restrictions on travel to Cuba for the sale of agricultural and medical goods. would have eased restrictions on travel to Cuba for the sale of agricultural and medical goods.
The provision would have al owed for a general license for such travel instead of a specific The provision would have al owed for a general license for such travel instead of a specific
license that requires permission from the Treasury Department. The measure had been approved license that requires permission from the Treasury Department. The measure had been approved
by the committee on July 17, 2008. by the committee on July 17, 2008.
Additional Initiatives in the 110th Congress
A number of other initiatives introduced in the 110th Congress would have eased Cuba travel A number of other initiatives introduced in the 110th Congress would have eased Cuba travel
restrictions. H.R. 654 (Rangel), S. 721 (Enzi), and Section 254 of S. 554 (Dorgan) would prohibit restrictions. H.R. 654 (Rangel), S. 721 (Enzi), and Section 254 of S. 554 (Dorgan) would prohibit
the President from regulating or prohibiting travel to Cuba or any of the transactions incident to the President from regulating or prohibiting travel to Cuba or any of the transactions incident to
travel. Two bil s that would lift overal economic sanctions—H.R. 217 (Serrano) and H.R. 624 travel. Two bil s that would lift overal economic sanctions—H.R. 217 (Serrano) and H.R. 624
(Rangel)—would also lift travel restrictions. H.R. 177 (Lee) would ease restrictions on (Rangel)—would also lift travel restrictions. H.R. 177 (Lee) would ease restrictions on
educational travel to Cuba. H.R. 757 (Delahunt) would lift restrictions on family travel and the educational travel to Cuba. H.R. 757 (Delahunt) would lift restrictions on family travel and the
provision of remittances for family members in Cuba. H.R. 1026 (Moran, Jerry), which would provision of remittances for family members in Cuba. H.R. 1026 (Moran, Jerry), which would
facilitate the sale of U.S. agricultural products to Cuba, includes a provision that would provide facilitate the sale of U.S. agricultural products to Cuba, includes a provision that would provide
for general license authority for travel-related transactions for people involved in agricultural for general license authority for travel-related transactions for people involved in agricultural
sales and marketing activities or in the transportation of such sales. H.R. 2819 (Rangel) and S. sales and marketing activities or in the transportation of such sales. H.R. 2819 (Rangel) and S.
1673 (Baucus), which would ease restrictions on U.S. agricultural and medical exports to Cuba, 1673 (Baucus), which would ease restrictions on U.S. agricultural and medical exports to Cuba,
would also lift restrictions on travel to Cuba. The Senate Committee on Finance held a hearing on would also lift restrictions on travel to Cuba. The Senate Committee on Finance held a hearing on
S. 1673 on December 11, 2007. S. 1673 on December 11, 2007.
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Legislative Initiatives in the Aftermath of 2008 Hurricanes
In the aftermath of the Hurricanes Gustav and Ike that struck Cuba in late August and early In the aftermath of the Hurricanes Gustav and Ike that struck Cuba in late August and early
September 2008, several legislative initiatives were introduced that would have temporarily eased September 2008, several legislative initiatives were introduced that would have temporarily eased
U.S. embargo restrictions in several areas, including restrictions on family travel, remittances, the U.S. embargo restrictions in several areas, including restrictions on family travel, remittances, the
provision of gift parcels, and the sale of relief supplies to Cuba. On September 15, 2008, Senator provision of gift parcels, and the sale of relief supplies to Cuba. On September 15, 2008, Senator
Dodd offered S.Amdt. 5581 to the Department of Defense authorization bil (S. 3001) that would Dodd offered S.Amdt. 5581 to the Department of Defense authorization bil (S. 3001) that would
have, for a 180-day period, al owed unrestricted family travel; eased restrictions on remittances have, for a 180-day period, al owed unrestricted family travel; eased restrictions on remittances
by removing the limit and al owing any American to send remittances to Cuba; expanded the list by removing the limit and al owing any American to send remittances to Cuba; expanded the list
of al owable items that may be included in gift parcels; and al owed for unrestricted U.S. cash of al owable items that may be included in gift parcels; and al owed for unrestricted U.S. cash
sales of food, medicines, and relief supplies to Cuba. The amendment was not considered and sales of food, medicines, and relief supplies to Cuba. The amendment was not considered and
therefore not part of the final bil . therefore not part of the final bil .
In the House, two legislative initiatives were introduced in the aftermath of the hurricanes that In the House, two legislative initiatives were introduced in the aftermath of the hurricanes that
would have temporarily eased restrictions in various ways. On September 16, 2008, would have temporarily eased restrictions in various ways. On September 16, 2008,
Representative Flake introduced H.R. 6913, which would have prohibited any funds from going Representative Flake introduced H.R. 6913, which would have prohibited any funds from going
to the Department of Commerce to implement, administer, or enforce tightened restrictions on the to the Department of Commerce to implement, administer, or enforce tightened restrictions on the
contents of gift parcels to Cuba that were introduced in June 2004. On September 18, 2008, contents of gift parcels to Cuba that were introduced in June 2004. On September 18, 2008,
Representative Delahunt introduced H.R. 6962, the Humanitarian Relief to Cuba Act, which Representative Delahunt introduced H.R. 6962, the Humanitarian Relief to Cuba Act, which
would have, for a 180-day period, al owed unrestricted family travel; eased restrictions on would have, for a 180-day period, al owed unrestricted family travel; eased restrictions on
remittances by removing the limit and al owing any American to send remittances to Cuba; and remittances by removing the limit and al owing any American to send remittances to Cuba; and
expanded the list of al owable items that may be included in gift parcels. expanded the list of al owable items that may be included in gift parcels.
Legislative Initiatives in the 111th Congress, 2009-2010
The 111th Congress took action in March 2009 to ease restrictions on family travel and travel for The 111th Congress took action in March 2009 to ease restrictions on family travel and travel for
the marketing and sale of agricultural and medical goods. The eased family travel restrictions the marketing and sale of agricultural and medical goods. The eased family travel restrictions
were superseded by the Obama Administration’s April 2009 action to al ow unlimited family were superseded by the Obama Administration’s April 2009 action to al ow unlimited family
travel and remittances. At the same time, the Administration also eased restrictions for travel for travel and remittances. At the same time, the Administration also eased restrictions for travel for
telecommunications-related sales and for attendance at professional meetings related to telecommunications-related sales and for attendance at professional meetings related to
commercial telecommunications. Numerous other bil s introduced in the 111th Congress would commercial telecommunications. Numerous other bil s introduced in the 111th Congress would
have lifted or eased restrictions on travel and remittances to Cuba, but these restrictions were not have lifted or eased restrictions on travel and remittances to Cuba, but these restrictions were not
considered. One House initiative, H.R. 4645 (Peterson), would have lifted al restrictions on considered. One House initiative, H.R. 4645 (Peterson), would have lifted al restrictions on
travel to Cuba and also would have eased restrictions on the payment mechanisms for U.S. travel to Cuba and also would have eased restrictions on the payment mechanisms for U.S.
agricultural exports to Cuba. The House Agriculture Committee approved the measure, but no agricultural exports to Cuba. The House Agriculture Committee approved the measure, but no
further action was taken on the bil . further action was taken on the bil .
First Session Action
On March 11, 2009, President Obama signed into law the Omnibus Appropriations Act, 2009 On March 11, 2009, President Obama signed into law the Omnibus Appropriations Act, 2009
(P.L. 111-8), with two provisions easing restrictions on travel to Cuba.(P.L. 111-8), with two provisions easing restrictions on travel to Cuba.5857 The provisions were The provisions were
identical to provisions that had been included in the Senate Appropriations Committee version of identical to provisions that had been included in the Senate Appropriations Committee version of
the FY2009 Financial Services and General Government Appropriations bil in the 110th the FY2009 Financial Services and General Government Appropriations bil in the 110th
Congress, S. 3260. Congress, S. 3260.
In the enacted bil , Section 620 of Division D, Financial Services and General Government In the enacted bil , Section 620 of Division D, Financial Services and General Government
Appropriations Act, 2009, amended the Trade Sanctions Reform and Export Enhancement Act of Appropriations Act, 2009, amended the Trade Sanctions Reform and Export Enhancement Act of
2000 (TSRA) to require the Secretary of the Treasury to issue regulations for travel to, from, or 2000 (TSRA) to require the Secretary of the Treasury to issue regulations for travel to, from, or
within Cuba under a general license for the marketing and sale of agricultural and medical goods, within Cuba under a general license for the marketing and sale of agricultural and medical goods,

5857 A third Cuba provision in the law prohibited funding to administer, implement, or enforce certain requirements for A third Cuba provision in the law prohibited funding to administer, implement, or enforce certain requirements for
U.S. agricultural exporters using the “U.S. agricultural exporters using the “ payment of cash in advance” payment mechanismpayment of cash in advance” payment mechanism for selling their for selling their ~~goods~~goo ds to Cuba. to Cuba.
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meaning that there would be no requirement to obtain special permission from OFAC. Such travel meaning that there would be no requirement to obtain special permission from OFAC. Such travel
had required a specific license from OFAC, issued on a case-by-case basis. OFAC issued had required a specific license from OFAC, issued on a case-by-case basis. OFAC issued
regulations implementing this provision on September 3, 2009. regulations implementing this provision on September 3, 2009.
Section 621 of Division D prohibited funds from being used to administer, implement, or enforce Section 621 of Division D prohibited funds from being used to administer, implement, or enforce
family travel restrictions that were imposed by the Bush Administration in June 2004. OFAC family travel restrictions that were imposed by the Bush Administration in June 2004. OFAC
implemented this provision by reinstating a general license for family travel as it existed prior to implemented this provision by reinstating a general license for family travel as it existed prior to
the Bush Administration’s tightening of restrictions in June 2004. As implemented by the the Bush Administration’s tightening of restrictions in June 2004. As implemented by the
Treasury Department, travel was al owed once every 12 months to visit a close relative for an Treasury Department, travel was al owed once every 12 months to visit a close relative for an
unlimited length of stay, and the limit for daily expenditure al owed by family travelers became unlimited length of stay, and the limit for daily expenditure al owed by family travelers became
the same as for other authorized travelers to Cuba (the State Department maximum per diem rate the same as for other authorized travelers to Cuba (the State Department maximum per diem rate
for Havana). The new general license also expanded the definition of “close relative” to mean any for Havana). The new general license also expanded the definition of “close relative” to mean any
individual related to the traveler by blood, marriage, or adoption who is no more than three individual related to the traveler by blood, marriage, or adoption who is no more than three
generations removed from that person. This provision was superseded by the Obama generations removed from that person. This provision was superseded by the Obama
Administration’s further liberalization of family travel to Cuba announced in April 2009. Administration’s further liberalization of family travel to Cuba announced in April 2009.
The joint explanatory statement to P.L. 111-8 also required the Department of the Treasury to The joint explanatory statement to P.L. 111-8 also required the Department of the Treasury to
prepare a report within 90 days on the steps that it is taking to assess OFAC’s al ocation of prepare a report within 90 days on the steps that it is taking to assess OFAC’s al ocation of
resources for investigating and penalizing violations of the Cuba embargo with respect to the resources for investigating and penalizing violations of the Cuba embargo with respect to the
numerous other sanctions programs it administers. As part of the report, the Treasury Department numerous other sanctions programs it administers. As part of the report, the Treasury Department
was directed to provide detailed information on OFAC’s Cuba-related licensing on its was directed to provide detailed information on OFAC’s Cuba-related licensing on its
enforcement of the Cuba embargo. enforcement of the Cuba embargo.
On November 19, 2009, the House Committee on Foreign Affairs held a hearing on U.S. On November 19, 2009, the House Committee on Foreign Affairs held a hearing on U.S.
restrictions on travel to Cuba entitled “Is It Time to Lift the Ban on Travel to Cuba?” that featured restrictions on travel to Cuba entitled “Is It Time to Lift the Ban on Travel to Cuba?” that featured
former U.S. government officials and other private witnesses. former U.S. government officials and other private witnesses.
Second Session Action
In the second session, the only legislative action related to Cuba travel restrictions occurred in the In the second session, the only legislative action related to Cuba travel restrictions occurred in the
House Committee on Agriculture, and no subsequent action was taken. On March 11, 2010, the House Committee on Agriculture, and no subsequent action was taken. On March 11, 2010, the
committee held a hearing to review U.S. agricultural sales to Cuba. At the hearing, there was committee held a hearing to review U.S. agricultural sales to Cuba. At the hearing, there was
discussion of recently introduced H.R. 4645 (Peterson), a measure that would remove restrictions discussion of recently introduced H.R. 4645 (Peterson), a measure that would remove restrictions
on travel to Cuba and also remove some restrictions regarding payments for U.S. agricultural on travel to Cuba and also remove some restrictions regarding payments for U.S. agricultural
exports to Cuba. On June 30, 2010, the committee reported out H.R. 4645 by a vote of 25-20 exports to Cuba. On June 30, 2010, the committee reported out H.R. 4645 by a vote of 25-20
(H.Rept. 111-653). The bil would have lifted al restrictions on travel to Cuba. It also included (H.Rept. 111-653). The bil would have lifted al restrictions on travel to Cuba. It also included
two provisions easing restrictions on the payment mechanisms for U.S. agricultural exports to two provisions easing restrictions on the payment mechanisms for U.S. agricultural exports to
Cuba. The House Committee on Foreign Affairs was scheduled to hold a markup of the bil on Cuba. The House Committee on Foreign Affairs was scheduled to hold a markup of the bil on
September 29, 2010, but postponed its consideration, and in the aftermath of the 2011 U.S. September 29, 2010, but postponed its consideration, and in the aftermath of the 2011 U.S.
legislative elections, no further action was taken. An identical companion bil in the Senate, S. legislative elections, no further action was taken. An identical companion bil in the Senate, S.
3112 (Klobuchar), was introduced March 15, 2010, and referred to the Committee on Foreign 3112 (Klobuchar), was introduced March 15, 2010, and referred to the Committee on Foreign
Relations. Relations.
On April 29, 2010, the House Ways and Means Committee, Subcommittee on Trade, held a On April 29, 2010, the House Ways and Means Committee, Subcommittee on Trade, held a
hearing on U.S.-Cuba policy that examined whether relaxing current Cuba travel and trade hearing on U.S.-Cuba policy that examined whether relaxing current Cuba travel and trade
restrictions would advance U.S. economic objectives, as wel as U.S. political and human rights restrictions would advance U.S. economic objectives, as wel as U.S. political and human rights
goals in goals in Cuba. Cuba.
Additional Initiatives in the 111th Congress
Several other legislative initiatives were introduced in the 111th Congress that would have eased Several other legislative initiatives were introduced in the 111th Congress that would have eased
restrictions on travel to Cuba, but no action was taken on these measures. H.R. 874 (Delahunt)/S. restrictions on travel to Cuba, but no action was taken on these measures. H.R. 874 (Delahunt)/S.
428 (Dorgan) and H.R. 1528 (Rangel) would have prohibited restrictions on travel to Cuba. H.R. 428 (Dorgan) and H.R. 1528 (Rangel) would have prohibited restrictions on travel to Cuba. H.R.
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188 (Serrano), H.R. 1530 (Rangel), and H.R. 2272 (Rush) would have lifted the overal embargo 188 (Serrano), H.R. 1530 (Rangel), and H.R. 2272 (Rush) would have lifted the overal embargo
on trade and financial transactions with Cuba, including travel restrictions. H.R. 1531 (Rangel)/S. on trade and financial transactions with Cuba, including travel restrictions. H.R. 1531 (Rangel)/S.
1089 (Baucus) would have facilitated the export of U.S. agricultural products to Cuba and also 1089 (Baucus) would have facilitated the export of U.S. agricultural products to Cuba and also
would have prohibited restrictions on travel to Cuba. H.R. 332 (Lee) would have eased would have prohibited restrictions on travel to Cuba. H.R. 332 (Lee) would have eased
restrictions on educational travel by providing that no funds made available to the Department of restrictions on educational travel by providing that no funds made available to the Department of
the Treasury may be used to implement, administer, or enforce regulations to require specific the Treasury may be used to implement, administer, or enforce regulations to require specific
licenses for travel-related transactions directly related to educational activities in Cuba. S. 774 licenses for travel-related transactions directly related to educational activities in Cuba. S. 774
(Dorgan), H.R. 1918 (Flake), and S. 1517 (Murkowski) would have amended the Trade Sanctions (Dorgan), H.R. 1918 (Flake), and S. 1517 (Murkowski) would have amended the Trade Sanctions
Reform and Economic Enhancement Act of 2000 to require the Secretary of the Treasury to Reform and Economic Enhancement Act of 2000 to require the Secretary of the Treasury to
authorize travel to Cuba under a general license in connection to hydrocarbon exploration and authorize travel to Cuba under a general license in connection to hydrocarbon exploration and
extraction activities. In contrast, H.Con.Res. 132 (Tiahrt) would have cal ed for the fulfil ment of extraction activities. In contrast, H.Con.Res. 132 (Tiahrt) would have cal ed for the fulfil ment of
certain democratic conditions before the United States increases trade and tourism to Cuba. certain democratic conditions before the United States increases trade and tourism to Cuba.
Legislative Initiatives in the 112th Congress, 2011-2012
There were several attempts in the first session of the 112th Congress aimed at rolling back the There were several attempts in the first session of the 112th Congress aimed at rolling back the
Obama Administration’s actions easing restrictions on travel and remittances, but none of these Obama Administration’s actions easing restrictions on travel and remittances, but none of these
were approved. Several legislative initiatives were also introduced that would have further eased were approved. Several legislative initiatives were also introduced that would have further eased
or lifted such restrictions altogether, but no action was taken on these measures. or lifted such restrictions altogether, but no action was taken on these measures.
FAA Reauthorization
During consideration of the Federal Aviation Administration reauthorization bil , S. 223, in During consideration of the Federal Aviation Administration reauthorization bil , S. 223, in
February 2011, an amendment was submitted, but never considered, S.Amdt. 61 (Rubio), that February 2011, an amendment was submitted, but never considered, S.Amdt. 61 (Rubio), that
would have prohibited an expansion of flights to locations in countries that are designated state would have prohibited an expansion of flights to locations in countries that are designated state
sponsors of terrorism (which, at the time, included Cuba). sponsors of terrorism (which, at the time, included Cuba).
FY2012 Financial Services and General Government Appropriations
The House Appropriations Committee reported its version of the FY2012 Financial Services and The House Appropriations Committee reported its version of the FY2012 Financial Services and
General Government Appropriations bil , H.R. 2434, on July 7, 2011, with a provision in Section General Government Appropriations bil , H.R. 2434, on July 7, 2011, with a provision in Section
901 that would have rolled back the Obama Administration’s actions easing restrictions on family 901 that would have rolled back the Obama Administration’s actions easing restrictions on family
travel and on remittances overal . (The Senate Appropriations Committee version of the measure, travel and on remittances overal . (The Senate Appropriations Committee version of the measure,
S. 1573, did not contain a similar provision.) The House provision had been offered as an S. 1573, did not contain a similar provision.) The House provision had been offered as an
amendment by Representative Mario Diaz-Balart that was agreed to by voice vote during the amendment by Representative Mario Diaz-Balart that was agreed to by voice vote during the
committee’s June 24, 2011, markup of the measure. The provision would have repealed committee’s June 24, 2011, markup of the measure. The provision would have repealed
amendments to the Cuban Assets Control Regulations made since January 19, 2009, regarding amendments to the Cuban Assets Control Regulations made since January 19, 2009, regarding
family travel (31 C.F.R. 515.561), carrying remittances (31 C.F.R. 515.560(c)(4)(i)), and sending family travel (31 C.F.R. 515.561), carrying remittances (31 C.F.R. 515.560(c)(4)(i)), and sending
remittances to Cuba (31 C.F.R. 515.570). According to the provision, such regulations would be remittances to Cuba (31 C.F.R. 515.570). According to the provision, such regulations would be
restored and carried out as in effect on January 19, 2009, notwithstanding any guidelines, restored and carried out as in effect on January 19, 2009, notwithstanding any guidelines,
opinions, letters, presidential directives, or agency practices relating to such regulations that are opinions, letters, presidential directives, or agency practices relating to such regulations that are
issued or carried out after such date. issued or carried out after such date.
If the provision were to be enacted, family travel would have been limited to once every three If the provision were to be enacted, family travel would have been limited to once every three
years for a period of up to 14 days and would have required a specific license from the Treasury years for a period of up to 14 days and would have required a specific license from the Treasury
Department; licensed travelers would have been al owed to carry just $300 in remittances Department; licensed travelers would have been al owed to carry just $300 in remittances
compared to the $3,000 currently al owed; family remittances would have been limited to $300 compared to the $3,000 currently al owed; family remittances would have been limited to $300
per quarter; nonfamily remittances restored by the Obama Administration, up to $500 per quarter, per quarter; nonfamily remittances restored by the Obama Administration, up to $500 per quarter,
would not have been al owed; and the general license for remittances to religious organizations would not have been al owed; and the general license for remittances to religious organizations
would have been eliminated, with such remittances permitted via specific license. would have been eliminated, with such remittances permitted via specific license.
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The White House’s Statement of Administration Policy on H.R. 2434, issued July 13, 2011, stated The White House’s Statement of Administration Policy on H.R. 2434, issued July 13, 2011, stated
that the Administration opposed Section 901 because it would reverse the President’s policy on that the Administration opposed Section 901 because it would reverse the President’s policy on
family travel and remittances, and that the President’s senior advisors would recommend a veto if family travel and remittances, and that the President’s senior advisors would recommend a veto if
the bil contained the provision. According to the statement, Section 901 “would undo the the bil contained the provision. According to the statement, Section 901 “would undo the
President’s efforts to increase contact between divided Cuban families, undermine the President’s efforts to increase contact between divided Cuban families, undermine the
enhancement of the Cuban people’s economic independence and support for private sector enhancement of the Cuban people’s economic independence and support for private sector
activity in Cuba that come from increased remittances from family members, and therefore isolate activity in Cuba that come from increased remittances from family members, and therefore isolate
the Cuban people and make them more dependent on Cuban authorities.” the Cuban people and make them more dependent on Cuban authorities.”5958
A second Cuba amendment agreed to by voice vote during the markup of H.R. 2434 was offered A second Cuba amendment agreed to by voice vote during the markup of H.R. 2434 was offered
by Representative Jeff Flake. The amendment made changes to the committee report to the bil by Representative Jeff Flake. The amendment made changes to the committee report to the bil
(H.Rept. 112-136) and would have required a report from OFAC on the current number of (H.Rept. 112-136) and would have required a report from OFAC on the current number of
pending applications seeking specific licenses related to educational exchanges not involving pending applications seeking specific licenses related to educational exchanges not involving
academic study pursuant to a degree program under the auspices of an organization that sponsors academic study pursuant to a degree program under the auspices of an organization that sponsors
and organizes such programs to promote people-to-people contact. The report also would have and organizes such programs to promote people-to-people contact. The report also would have
required information on the number of these licenses that OFAC has approved to date, its plan for required information on the number of these licenses that OFAC has approved to date, its plan for
getting through the current queue of license applications, and its plan for expeditiously reviewing getting through the current queue of license applications, and its plan for expeditiously reviewing
those applications in the future. those applications in the future.
In November 2011, an attempt to include the Senate version of the Financial Services In November 2011, an attempt to include the Senate version of the Financial Services
appropriations measure, S. 1573, in a “minibus” with two other full-year appropriations measures appropriations measure, S. 1573, in a “minibus” with two other full-year appropriations measures
and a short-term continuing resolution failed in part because of disagreement over a Cuba and a short-term continuing resolution failed in part because of disagreement over a Cuba
provision that would have al owed direct transfers from a Cuban financial institution to a U.S. provision that would have al owed direct transfers from a Cuban financial institution to a U.S.
financial institution to pay for U.S. agricultural and medical exports to Cuba. (For background on financial institution to pay for U.S. agricultural and medical exports to Cuba. (For background on
that provision, see CRS Report R41617, that provision, see CRS Report R41617, Cuba: Issues for the 112th Congress.) .)
In December 2011, a legislative battle ensued over the Consolidated Appropriations Act, FY2012, In December 2011, a legislative battle ensued over the Consolidated Appropriations Act, FY2012,
H.R. 2055, a “megabus” bil that combined nine full-year appropriations measures, including the H.R. 2055, a “megabus” bil that combined nine full-year appropriations measures, including the
Financial Services and General Government bil . At issue was the potential inclusion of two Cuba Financial Services and General Government bil . At issue was the potential inclusion of two Cuba
provisions that had been in the House Appropriations Committee-approved version of the provisions that had been in the House Appropriations Committee-approved version of the
Financial Services bil , H.R. 2434: one described above that would roll back to January 2009 the Financial Services bil , H.R. 2434: one described above that would roll back to January 2009 the
Obama Administration’s actions easing restrictions on family travel and on remittances; and the Obama Administration’s actions easing restrictions on family travel and on remittances; and the
second a provision that would continue to clarify, for the third fiscal year in a row, the definition second a provision that would continue to clarify, for the third fiscal year in a row, the definition
of “payment of cash in advance” for U.S. agricultural and medical exports to Cuba so that the of “payment of cash in advance” for U.S. agricultural and medical exports to Cuba so that the
payment was due upon delivery in Cuba as opposed to being due before the goods left U.S. ports. payment was due upon delivery in Cuba as opposed to being due before the goods left U.S. ports.
(The text of the two Cuba provisions was also included in Division C, Sections 632 and 634, of (The text of the two Cuba provisions was also included in Division C, Sections 632 and 634, of
H.R. 3671, a new “megabus” bil introduced by House Republicans on December 14, 2011.) H.R. 3671, a new “megabus” bil introduced by House Republicans on December 14, 2011.)
Ultimately, congressional leaders agreed to not include the two Cuba provisions in H.R. 2055 Ultimately, congressional leaders agreed to not include the two Cuba provisions in H.R. 2055
(H.Rept. 112-331), and the measure was approved by the House and Senate, respectively, on (H.Rept. 112-331), and the measure was approved by the House and Senate, respectively, on
December 16 and 17, 2011, and signed into law on December 23, 2011 (P.L. 112-74). The White December 16 and 17, 2011, and signed into law on December 23, 2011 (P.L. 112-74). The White
House reportedly had exerted strong pressure not to include the Cuba provision that would have House reportedly had exerted strong pressure not to include the Cuba provision that would have
rolled back the Administration’s easing of restrictions on travel and remittances. Dropping the rolled back the Administration’s easing of restrictions on travel and remittances. Dropping the
second provision on the definition of “payment of cash in advance” for U.S. agricultural and second provision on the definition of “payment of cash in advance” for U.S. agricultural and
medical products appears to have been a political tradeoff made to compensate for the travel medical products appears to have been a political tradeoff made to compensate for the travel
rollback provision being dropped. rollback provision being dropped.

5958 Executive Office of the President, Office of Management and Budget, Statement of Administration Policy, H.R. Executive Office of the President, Office of Management and Budget, Statement of Administration Policy, H.R.
2434—Financial Services and General Government Appropriations Act, 2012, July 13, 2011.2434—Financial Services and General Government Appropriations Act, 2012, July 13, 2011.
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FY2012 Foreign Relations Authorization Act
In other congressional action, on July 21, 2011, the House Committee on Foreign Affairs marked In other congressional action, on July 21, 2011, the House Committee on Foreign Affairs marked
up H.R. 2583 (H.Rept. 112-223), the FY2012 Foreign Relations Authorization Act, with a up H.R. 2583 (H.Rept. 112-223), the FY2012 Foreign Relations Authorization Act, with a
provision (§1126 of the reported bil ) that would have required the President to fully enforce al provision (§1126 of the reported bil ) that would have required the President to fully enforce al
U.S. regulations on travel to Cuba as in effect on January 19, 2009, and impose the corresponding U.S. regulations on travel to Cuba as in effect on January 19, 2009, and impose the corresponding
penalties against individuals determined to be in violation of such regulations. The provision was penalties against individuals determined to be in violation of such regulations. The provision was
added by an amendment offered by Representative David Rivera, approved 36-6, that had the added by an amendment offered by Representative David Rivera, approved 36-6, that had the
intent of reinstating tighter travel restrictions as they existed under the Bush Administration in intent of reinstating tighter travel restrictions as they existed under the Bush Administration in
January 2009. January 2009.
Amendments to the Cuban Adjustment Act
Two additional measures introduced in August 2011 would have amended the Cuban Adjustment Two additional measures introduced in August 2011 would have amended the Cuban Adjustment
Act of 1966 (CAA, P.L. 89-732) in order to curb travel to Cuba by Cubans who had recently Act of 1966 (CAA, P.L. 89-732) in order to curb travel to Cuba by Cubans who had recently
immigrated to the United States. Introduced on August 1, 2011, H.R. 2771 (Rivera) would have immigrated to the United States. Introduced on August 1, 2011, H.R. 2771 (Rivera) would have
amended the CAA to increase to five years the period during which a Cuban national must be amended the CAA to increase to five years the period during which a Cuban national must be
physical y present in the United States in order to qualify for adjustment of status to that of a physical y present in the United States in order to qualify for adjustment of status to that of a
permanent resident. The legislation also would have provided that an alien would be ineligible for permanent resident. The legislation also would have provided that an alien would be ineligible for
adjustment to permanent resident status if the alien returned to Cuba after admission or parole adjustment to permanent resident status if the alien returned to Cuba after admission or parole
into the United States before becoming a U.S. citizen. A subsequent version, H.R. 2831 (Rivera), into the United States before becoming a U.S. citizen. A subsequent version, H.R. 2831 (Rivera),
introduced August 30, 2011, just contained the provision maintaining that an alien from Cuba introduced August 30, 2011, just contained the provision maintaining that an alien from Cuba
would be ineligible for adjustment to permanent resident status under the CAA if he or she would be ineligible for adjustment to permanent resident status under the CAA if he or she
returned to Cuba before becoming a U.S. citizen. The House Committee on the Judiciary, returned to Cuba before becoming a U.S. citizen. The House Committee on the Judiciary,
Subcommittee on Immigration on Policy Enforcement, held a hearing on H.R. 2831 on May 31, Subcommittee on Immigration on Policy Enforcement, held a hearing on H.R. 2831 on May 31,
2012. 2012.
Initiatives to Ease Restrictions on Travel and Remittances
In contrast to measures aimed at rolling back the Obama Administration’s polices easing travel In contrast to measures aimed at rolling back the Obama Administration’s polices easing travel
and remittances to Cuba, several measures would have eased or lifted travel restrictions and remittances to Cuba, several measures would have eased or lifted travel restrictions
altogether. H.R. 1886 (Rangel) would have prohibited restrictions on travel to Cuba. H.R. 1888 altogether. H.R. 1886 (Rangel) would have prohibited restrictions on travel to Cuba. H.R. 1888
(Rangel), in addition to removing some restrictions on the export of U.S. agricultural products to (Rangel), in addition to removing some restrictions on the export of U.S. agricultural products to
Cuba, would also have prohibited Cuba travel restrictions. Two initiatives that would have lifted Cuba, would also have prohibited Cuba travel restrictions. Two initiatives that would have lifted
the overal embargo on trade and restrictions on financial transaction with Cuba, H.R. 255 the overal embargo on trade and restrictions on financial transaction with Cuba, H.R. 255
(Serrano) and H.R. 1887 (Rangel), would also have lifted restrictions on travel and remittances to (Serrano) and H.R. 1887 (Rangel), would also have lifted restrictions on travel and remittances to
Cuba. H.R. 380 (Lee) would have provided that no funds made available to the Department of the Cuba. H.R. 380 (Lee) would have provided that no funds made available to the Department of the
Treasury could be used to implement, administer, or enforce regulations to require specific Treasury could be used to implement, administer, or enforce regulations to require specific
licenses for travel-related transactions directly related to educational activities in Cuba. licenses for travel-related transactions directly related to educational activities in Cuba.
Legislative Initiatives in the 113th Congress, 2013-2014
In the 113th Congress, appropriations measures had provisions that would have tightened and In the 113th Congress, appropriations measures had provisions that would have tightened and
eased Cuba travel restrictions, but none of these provisions were included in final action. eased Cuba travel restrictions, but none of these provisions were included in final action.
Additional measures were introduced that would have lifted travel restrictions, but no action was Additional measures were introduced that would have lifted travel restrictions, but no action was
taken on these measures. taken on these measures.
First Session
In the first session of the 113th Congress, the House and Senate versions of the FY2014 Financial In the first session of the 113th Congress, the House and Senate versions of the FY2014 Financial
Services and General Government appropriations measure, H.R. 2786 and S. 1371, as reported by Services and General Government appropriations measure, H.R. 2786 and S. 1371, as reported by
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the Appropriations Committees in July 2013, had different provisions regarding U.S. policy the Appropriations Committees in July 2013, had different provisions regarding U.S. policy
regarding travel to Cuba. The House version would have tightened restrictions on travel by regarding travel to Cuba. The House version would have tightened restrictions on travel by
prohibiting funding for any additional authorization of people-to-people exchanges during the prohibiting funding for any additional authorization of people-to-people exchanges during the
fiscal year, while the Senate version would have eased restrictions on travel by authorizing a new fiscal year, while the Senate version would have eased restrictions on travel by authorizing a new
general license for professional travel related to disaster prevention, emergency preparedness, and general license for professional travel related to disaster prevention, emergency preparedness, and
natural resource protection. Ultimately, however, neither of these provisions was included in the natural resource protection. Ultimately, however, neither of these provisions was included in the
FY2014 omnibus appropriations measure, H.R. 3547 (P.L. 113-76), signed into law January 17, FY2014 omnibus appropriations measure, H.R. 3547 (P.L. 113-76), signed into law January 17,
2014. 2014.
As reported out of the House Appropriations Committee on July 23, 2013, H.R. 2786 (H.Rept. As reported out of the House Appropriations Committee on July 23, 2013, H.R. 2786 (H.Rept.
113-172) had a provision in Section 124 that would have prohibited FY2014 funding used “to 113-172) had a provision in Section 124 that would have prohibited FY2014 funding used “to
approve, license, facilitate, authorize, or otherwise al ow” travel-related or other transactions approve, license, facilitate, authorize, or otherwise al ow” travel-related or other transactions
related to nonacademic educational exchanges (i.e., people-to-people travel) to Cuba set forth in related to nonacademic educational exchanges (i.e., people-to-people travel) to Cuba set forth in
31 C.F.R. 515.565(b)(2) of the CACR. The committee report to the House bil contended that this 31 C.F.R. 515.565(b)(2) of the CACR. The committee report to the House bil contended that this
category of travel violates the prohibition on travel related to tourist activities set forth in the category of travel violates the prohibition on travel related to tourist activities set forth in the
Trade Sanctions Reform and Export Enhancement Act of 2000 (P.L. 106-387, Title IX). The Trade Sanctions Reform and Export Enhancement Act of 2000 (P.L. 106-387, Title IX). The
report also maintained that the stated purpose of people-to-people travel—to promote the Cuban report also maintained that the stated purpose of people-to-people travel—to promote the Cuban
people’s independence from Cuban authorities—“cannot be accomplished through itineraries that people’s independence from Cuban authorities—“cannot be accomplished through itineraries that
mainly feature interactions with representatives of a dictatorship that actively oppresses the mainly feature interactions with representatives of a dictatorship that actively oppresses the
Cuban people, nor can it be accomplished through itineraries that do not require meetings with Cuban people, nor can it be accomplished through itineraries that do not require meetings with
pro-democracy activists or independent members of Cuban civil society.” pro-democracy activists or independent members of Cuban civil society.”
The House bil had a second Cuba provision in Section 125 that would have required a Treasury The House bil had a second Cuba provision in Section 125 that would have required a Treasury
Department report within 90 days of the bil ’s enactment with information for each fiscal year Department report within 90 days of the bil ’s enactment with information for each fiscal year
since FY2007 on the number of travelers visiting close relatives in Cuba, the average duration of since FY2007 on the number of travelers visiting close relatives in Cuba, the average duration of
these trips, the average amount of U.S. dollars spent per family traveler (including amount of these trips, the average amount of U.S. dollars spent per family traveler (including amount of
remittances carried to Cuba), the number of return trips per year, and the total sum of U.S. dollars remittances carried to Cuba), the number of return trips per year, and the total sum of U.S. dollars
spent collectively by family travelers for each fiscal year. spent collectively by family travelers for each fiscal year.
As reported out of the Senate Appropriations Committee on July 25, 2013, S. 1371 (S.Rept. 113- As reported out of the Senate Appropriations Committee on July 25, 2013, S. 1371 (S.Rept. 113-
80) had a provision in Section 628 that would have provided for a new general license for travel-80) had a provision in Section 628 that would have provided for a new general license for travel-
related transactions for full-time professional research; attendance at professional meetings if the related transactions for full-time professional research; attendance at professional meetings if the
sponsoring organization was a U.S. organization; and the organization and management of sponsoring organization was a U.S. organization; and the organization and management of
professional meetings and conferences in Cuba if the sponsoring organization was a U.S. professional meetings and conferences in Cuba if the sponsoring organization was a U.S.
professional organization—if the travel was related to disaster prevention; emergency professional organization—if the travel was related to disaster prevention; emergency
preparedness; and natural resource protection, including for fisheries, coral reefs, and migratory preparedness; and natural resource protection, including for fisheries, coral reefs, and migratory
species. This provision would have expanded the general licenses available for professional species. This provision would have expanded the general licenses available for professional
research and meetings in Cuba that al ow full-time professionals to conduct professional research research and meetings in Cuba that al ow full-time professionals to conduct professional research
in their areas (with certain conditions), attend professional meetings or conferences in Cuba in their areas (with certain conditions), attend professional meetings or conferences in Cuba
organized by an international professional organization, and attend professional meetings for organized by an international professional organization, and attend professional meetings for
commercial telecommunications transactions (31 C.F.R. 515.564). commercial telecommunications transactions (31 C.F.R. 515.564).
Second Session
In the second session of the 113th Congress, the House-passed version of the FY2015 Financial In the second session of the 113th Congress, the House-passed version of the FY2015 Financial
Services and General Government Appropriations Act, H.R. 5016 (H.Rept. 113-508), had a Services and General Government Appropriations Act, H.R. 5016 (H.Rept. 113-508), had a
provision that would have prohibited the use of any funds in the act to approve, license, facilitate, provision that would have prohibited the use of any funds in the act to approve, license, facilitate,
authorize, or otherwise al ow people-to-people travel. The measure also had a provision that authorize, or otherwise al ow people-to-people travel. The measure also had a provision that
would have required the Administration to prepare a report with specific information on family would have required the Administration to prepare a report with specific information on family
travel to Cuba since FY2007. A draft Senate bil (not introduced, but released by the Senate travel to Cuba since FY2007. A draft Senate bil (not introduced, but released by the Senate
Committee on Appropriations in July 2014) did not include any provisions on Cuba sanctions. Committee on Appropriations in July 2014) did not include any provisions on Cuba sanctions.
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H.R. 5016 was approved by the House July 16, 2014, by a vote of 228 to 195. Section 126 of the H.R. 5016 was approved by the House July 16, 2014, by a vote of 228 to 195. Section 126 of the
bil would have prevented any funds in the act from being used “to approve, license, facilitate, bil would have prevented any funds in the act from being used “to approve, license, facilitate,
authorize or otherwise al ow” people-to-people travel. Section 127 would have required a joint authorize or otherwise al ow” people-to-people travel. Section 127 would have required a joint
report from the Secretary of the Treasury and the Secretary of Homeland Security with report from the Secretary of the Treasury and the Secretary of Homeland Security with
information for each fiscal year since FY2007 on the number of travelers visiting close relatives information for each fiscal year since FY2007 on the number of travelers visiting close relatives
in Cuba; the average duration of these trips; the average amount of U.S. dollars spent per family in Cuba; the average duration of these trips; the average amount of U.S. dollars spent per family
traveler (including amount of remittances carried to Cuba); the number of return trips per year; traveler (including amount of remittances carried to Cuba); the number of return trips per year;
and the total sum of U.S. dollars spent collectively by family travelers for each fiscal year. As and the total sum of U.S. dollars spent collectively by family travelers for each fiscal year. As
noted above, similar provisions had appeared in the House Appropriations Committee-reported noted above, similar provisions had appeared in the House Appropriations Committee-reported
FY2014 Financial Services and General Government Appropriations Act, H.R. 2786, but FY2014 Financial Services and General Government Appropriations Act, H.R. 2786, but
ultimately were not included in the Consolidated Appropriation Act, 2014 (P.L. 113-76). ultimately were not included in the Consolidated Appropriation Act, 2014 (P.L. 113-76).
The House Committee on Appropriations report to H.R. 5016 (H.Rept. 113-508) contended that The House Committee on Appropriations report to H.R. 5016 (H.Rept. 113-508) contended that
the people-to-people category of travel “contravenes the explicit prohibition against tourist the people-to-people category of travel “contravenes the explicit prohibition against tourist
activities as provided in section 910(b) of the Trade Sanctions Reform and Export Enhancement activities as provided in section 910(b) of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (TSRA),” (22 U.S.C. 7209(b)). The report also maintained that the stated purpose of Act of 2000 (TSRA),” (22 U.S.C. 7209(b)). The report also maintained that the stated purpose of
people-to-people travel—to promote the Cuban people’s independence from Cuban authorities—people-to-people travel—to promote the Cuban people’s independence from Cuban authorities—
“cannot be accomplished through itineraries that mainly feature interactions with representatives “cannot be accomplished through itineraries that mainly feature interactions with representatives
of a dictatorship that actively oppresses the Cuban people, nor can it be accomplished through of a dictatorship that actively oppresses the Cuban people, nor can it be accomplished through
itineraries that do not require meetings with pro-democracy activists or independent members of itineraries that do not require meetings with pro-democracy activists or independent members of
Cuban civil society.” Cuban civil society.”
Ultimately Congress did not complete action on H.R. 5016, and the FY2015 omnibus Ultimately Congress did not complete action on H.R. 5016, and the FY2015 omnibus
appropriations measure approved in December 2014 (P.L. 113-235) did not include the Cuba-appropriations measure approved in December 2014 (P.L. 113-235) did not include the Cuba-
related travel provisions in H.R. 5016. related travel provisions in H.R. 5016.
Additional Legislation Introduced in the 113th Congress
In addition to the appropriations measured discussed above, several other initiatives were In addition to the appropriations measured discussed above, several other initiatives were
introduced in the 113th Congress that would lifted al travel restrictions, but no action was taken introduced in the 113th Congress that would lifted al travel restrictions, but no action was taken
on these measures: H.R. 871 (Rangel) would have lifted travel restrictions; H.R. 873 (Rangel) on these measures: H.R. 871 (Rangel) would have lifted travel restrictions; H.R. 873 (Rangel)
would have lifted travel restrictions and restrictions on U.S. agricultural exports; and H.R. 214 would have lifted travel restrictions and restrictions on U.S. agricultural exports; and H.R. 214
(Serrano), H.R. 872 (Rangel), and H.R. 1917 (Rush) would have lifted the overal embargo, (Serrano), H.R. 872 (Rangel), and H.R. 1917 (Rush) would have lifted the overal embargo,
including travel restrictions. including travel restrictions.
Legislative Initiatives in the 114th Congress, 2015-2016
Several legislative initiatives introduced in the 114th Congress would have lifted remaining Several legislative initiatives introduced in the 114th Congress would have lifted remaining
restrictions on travel and remittances, but no action was taken on these measures. Three bil s restrictions on travel and remittances, but no action was taken on these measures. Three bil s
would have lifted the overal embargo, including restrictions on travel and would have lifted the overal embargo, including restrictions on travel and ~~remittanc es~~remittances: H.R. 274 : H.R. 274
(Rush), H.R. 403 (Rangel), and H.R. 735 (Serrano). One bil , H.R. 635 (Rangel), would have (Rush), H.R. 403 (Rangel), and H.R. 735 (Serrano). One bil , H.R. 635 (Rangel), would have
facilitated the export of U.S. agricultural and medical exports to Cuba and lifted travel facilitated the export of U.S. agricultural and medical exports to Cuba and lifted travel
restrictions. Three bil s would have focused solely on prohibiting restrictions on travel to Cuba: restrictions. Three bil s would have focused solely on prohibiting restrictions on travel to Cuba:
H.R. 634 (Rangel), H.R. 664 (Sanford), and S. 299 (Flake). S. 2990 (Collins) would have H.R. 634 (Rangel), H.R. 664 (Sanford), and S. 299 (Flake). S. 2990 (Collins) would have
permitted the provision of services to foreign air carriers en route to or from Cuba. (OFAC issued permitted the provision of services to foreign air carriers en route to or from Cuba. (OFAC issued
a license in July 2016 to Bangor International Airport to provide services to such flights.) a license in July 2016 to Bangor International Airport to provide services to such flights.)
In contrast, other initiatives would have slowed down easing of travel restrictions or restricted In contrast, other initiatives would have slowed down easing of travel restrictions or restricted
regular scheduled air travel with Cuba. No action was taken on these measures. Two bil s, S. 1388 regular scheduled air travel with Cuba. No action was taken on these measures. Two bil s, S. 1388
(Vitter) and H.R. 2466 (Rooney), would have required the President to submit a plan for resolving (Vitter) and H.R. 2466 (Rooney), would have required the President to submit a plan for resolving
al outstanding claims relating to property confiscated by the government of Cuba before taking al outstanding claims relating to property confiscated by the government of Cuba before taking
action to ease restrictions on travel to or trade with Cuba. Two similar bil s, H.R. 5728 (Katko) action to ease restrictions on travel to or trade with Cuba. Two similar bil s, H.R. 5728 (Katko)
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and S. 3289 (Rubio), would have prohibited scheduled passenger air transportation between the and S. 3289 (Rubio), would have prohibited scheduled passenger air transportation between the
United States and Cuba until a study was completed regarding Cuba’s airport security and until United States and Cuba until a study was completed regarding Cuba’s airport security and until
agreements had been reached with Cuba al owing the U.S. Federal Air Marshal Service to agreements had been reached with Cuba al owing the U.S. Federal Air Marshal Service to
conduct missions on regularly scheduled flights and providing Transportation Security conduct missions on regularly scheduled flights and providing Transportation Security
Administration (TSA) inspectors access to al areas of last-point-of-departure airports in Cuba for Administration (TSA) inspectors access to al areas of last-point-of-departure airports in Cuba for
security assessments. (As noted above, Cuba and the United States reached an agreement in late security assessments. (As noted above, Cuba and the United States reached an agreement in late
September 2016 that wil al ow Federal Air Marshals on board regularly scheduled flights to and September 2016 that wil al ow Federal Air Marshals on board regularly scheduled flights to and
from Cuba.) from Cuba.)
Efforts to ease and tighten travel restrictions played out in the FY2016 appropriations process, but Efforts to ease and tighten travel restrictions played out in the FY2016 appropriations process, but
ultimately no such provisions were included in the FY2016 omnibus appropriations measure (P.L. ultimately no such provisions were included in the FY2016 omnibus appropriations measure (P.L.
114-113). The Senate Appropriations Committee-approved version of the FY2016 Financial 114-113). The Senate Appropriations Committee-approved version of the FY2016 Financial
Services appropriation bil , S. 1910, had a provision that would have lifted restrictions on travel Services appropriation bil , S. 1910, had a provision that would have lifted restrictions on travel
to Cuba. In contrast, House-passed H.R. 2577, the FY2016 House Transportation, Housing, and to Cuba. In contrast, House-passed H.R. 2577, the FY2016 House Transportation, Housing, and
Urban Development appropriations bil , had two Cuba provisions that would have affected the Urban Development appropriations bil , had two Cuba provisions that would have affected the
Administration’s efforts to increase travel to and from Cuba by impeding the establishment of Administration’s efforts to increase travel to and from Cuba by impeding the establishment of
regularly scheduled air service and passenger ferry service. In addition, the House Appropriations regularly scheduled air service and passenger ferry service. In addition, the House Appropriations
Committee-approved FY2016 Financial Services appropriations bil , H.R. 2995, had a broader Committee-approved FY2016 Financial Services appropriations bil , H.R. 2995, had a broader
provision that would have prevented people-to-people educational travel. provision that would have prevented people-to-people educational travel.
In the FY2017 appropriations process, the House and Senate versions of the Financial Services In the FY2017 appropriations process, the House and Senate versions of the Financial Services
appropriations measure had contrasting provisions on travel, but the 114th Congress did not appropriations measure had contrasting provisions on travel, but the 114th Congress did not
complete action on FY2017 appropriations. In the House Financial Services appropriations bil , complete action on FY2017 appropriations. In the House Financial Services appropriations bil ,
H.R. 5485 (H.Rept. 114-624), as approved by the House on July 7, 2016, Section 132 would have H.R. 5485 (H.Rept. 114-624), as approved by the House on July 7, 2016, Section 132 would have
prohibited funding that licenses, facilitates, or otherwise al ows people-to-people travel. The prohibited funding that licenses, facilitates, or otherwise al ows people-to-people travel. The
measure would have had a significant impact on the expansion of U.S. travel to Cuba that has measure would have had a significant impact on the expansion of U.S. travel to Cuba that has
occurred in recent years, including the recently begun cruise ship travel to Cuba. Another occurred in recent years, including the recently begun cruise ship travel to Cuba. Another
provision in the House bil , Section 134, would have prohibited funding to approve, license, provision in the House bil , Section 134, would have prohibited funding to approve, license,
facilitate, authorize, or otherwise al ow any financial transaction with an entity controlled, in facilitate, authorize, or otherwise al ow any financial transaction with an entity controlled, in
whole or in part, by the Cuban military or intel igence service or any officer or immediate family whole or in part, by the Cuban military or intel igence service or any officer or immediate family
member thereof. This provision could have had a significant effect on U.S. travel to Cuba because member thereof. This provision could have had a significant effect on U.S. travel to Cuba because
the Cuban military has an important role in hotel and other travel services in the country. the Cuban military has an important role in hotel and other travel services in the country.
In the Senate Appropriations Committee’s version of the FY2017 Financial Services In the Senate Appropriations Committee’s version of the FY2017 Financial Services
appropriations measure, S. 3067 (S.Rept. 114-280), Section 635 would have prohibited funding in appropriations measure, S. 3067 (S.Rept. 114-280), Section 635 would have prohibited funding in
the act or in any act to implement any law, regulation, or policy that restricts travel to Cuba. The the act or in any act to implement any law, regulation, or policy that restricts travel to Cuba. The
provision would have effectively lifted al restrictions on travel to Cuba. Another provision in the provision would have effectively lifted al restrictions on travel to Cuba. Another provision in the
Senate bil , Section 637, would have prohibited funds in the act or in any act from being used to Senate bil , Section 637, would have prohibited funds in the act or in any act from being used to
implement any law, regulation, or policy that prohibits the provision of technical services implement any law, regulation, or policy that prohibits the provision of technical services
otherwise permitted under an international air transportation agreement in the United States for an otherwise permitted under an international air transportation agreement in the United States for an
aircraft of a foreign carrier that is en route to or from Cuba based on the restrictions set forth in aircraft of a foreign carrier that is en route to or from Cuba based on the restrictions set forth in
the Cuban Assets Control Regulations. (As noted above, OFAC issued a license in July 2016 to the Cuban Assets Control Regulations. (As noted above, OFAC issued a license in July 2016 to
Bangor International Airport to provide services to such flights.) Bangor International Airport to provide services to such flights.)
Congress did not approve a full-year FY2017 appropriations measure until May 2017, when it Congress did not approve a full-year FY2017 appropriations measure until May 2017, when it
enacted the Consolidated Appropriations Act, 2017 (P.L. 115-31), which did not include any of enacted the Consolidated Appropriations Act, 2017 (P.L. 115-31), which did not include any of
the contrasting provisions that had been in the House and Senate versions of the Financial the contrasting provisions that had been in the House and Senate versions of the Financial
Services appropriations measure discussed above. Services appropriations measure discussed above.
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Legislative Initiatives in the 115th Congress (2017-2018)
In the 115th Congress, six bil s would have lifted restrictions on travel to Cuba. H.R. 351 In the 115th Congress, six bil s would have lifted restrictions on travel to Cuba. H.R. 351
(Sanford), the Freedom to Travel Act of 2017, would have focused solely on travel by lifting (Sanford), the Freedom to Travel Act of 2017, would have focused solely on travel by lifting
current restrictions on travel and prohibiting the President from regulating, directly or indirectly, current restrictions on travel and prohibiting the President from regulating, directly or indirectly,
travel to Cuba or any transaction incident to such travel. S. 1287 (Flake), the Freedom for travel to Cuba or any transaction incident to such travel. S. 1287 (Flake), the Freedom for
Americans to Travel Act of 2017, would have prohibited the President from restricting travel to Americans to Travel Act of 2017, would have prohibited the President from restricting travel to
Cuba or any transactions incident to travel to Cuba. H.R. 572 (Serrano), the Promoting American Cuba or any transactions incident to travel to Cuba. H.R. 572 (Serrano), the Promoting American
Agricultural and Medical Exports to Cuba Act of 2017, would have eased certain restrictions on Agricultural and Medical Exports to Cuba Act of 2017, would have eased certain restrictions on
agricultural and medical exports to Cuba and would have lifted restrictions on travel and agricultural and medical exports to Cuba and would have lifted restrictions on travel and
prohibited restrictions on travel if such travel would be lawful in the United States. Three bil s prohibited restrictions on travel if such travel would be lawful in the United States. Three bil s
would have lifted the embargo on Cuba by removing provisions of law restricting trade and other would have lifted the embargo on Cuba by removing provisions of law restricting trade and other
financial transactions with Cuba, including restrictions on travel, and would have prohibited financial transactions with Cuba, including restrictions on travel, and would have prohibited
restrictions on travel if such travel would be lawful in the United States: H.R. 574 (Serrano), the restrictions on travel if such travel would be lawful in the United States: H.R. 574 (Serrano), the
Cuba Reconciliation Act; H.R. 2966 (Rush), the United States-Cuba Normalization Act of 2017; Cuba Reconciliation Act; H.R. 2966 (Rush), the United States-Cuba Normalization Act of 2017;
and S. 1699 (Wyden), the United States-Cuba Trade Act of 2017. (Both H.R. 2966 and S. 1699 and S. 1699 (Wyden), the United States-Cuba Trade Act of 2017. (Both H.R. 2966 and S. 1699
also would have prohibited restrictions on U.S. remittances to Cuba.) also would have prohibited restrictions on U.S. remittances to Cuba.)
The 115th Congress also took legislative action related to concerns about Cuba’s airport security. The 115th Congress also took legislative action related to concerns about Cuba’s airport security.
Congress completed action on the FAA Reauthorization Act of 2018, signed into law October 6, Congress completed action on the FAA Reauthorization Act of 2018, signed into law October 6,
2018, as P.L. 115-254 (H.R. 302), which included a provision in Section 1957 requiring the TSA 2018, as P.L. 115-254 (H.R. 302), which included a provision in Section 1957 requiring the TSA
to provide Congress a briefing on certain aspects of security measures at airports in Cuba that to provide Congress a briefing on certain aspects of security measures at airports in Cuba that
have air service to the Unitedhave air service to the United States. (The language of the provision is similar, although not States. (The language of the provision is similar, although not
identical, to a provision in H.R. 3328 [Katko], the Cuban Airport Security Act of 2017, approved identical, to a provision in H.R. 3328 [Katko], the Cuban Airport Security Act of 2017, approved
by the House in October 2017.)by the House in October 2017.)6059 P.L. 115-254 also required the TSA Administrator to (1) direct P.L. 115-254 also required the TSA Administrator to (1) direct
al public charters to provide updated flight data to more reliably track the public charter al public charters to provide updated flight data to more reliably track the public charter
operations of air carriers between the United States and Cuba and (2) develop and implement a operations of air carriers between the United States and Cuba and (2) develop and implement a
mechanism that corroborates and validates flight schedule data to more reliably track the public mechanism that corroborates and validates flight schedule data to more reliably track the public
charter operations of air carriers between the United States and Cuba. charter operations of air carriers between the United States and Cuba.6160

Author Information

Mark P. Sullivan Mark P. Sullivan

Specialist in Latin American Affairs Specialist in Latin American Affairs

6059 H.R. 3328 also would have prohibited a U.S. air carrier from employing a Cuban national in Cuba unless the carrier H.R. 3328 also would have prohibited a U.S. air carrier from employing a Cuban national in Cuba unless the carrier
had publicly disclosed the full text of the formal agreement between the air carrier and the had publicly disclosed the full text of the formal agreement between the air carrier and the Em presa Cubana de
Aeropuertos y Servicios Aeronauticos or any other entity associated with the Cuban government. T he bill would also, or any other entity associated with the Cuban government. T he bill would also,
to the extent practicable, have prohibit ed U.S. air carriers from hiring Cuban nationals if they had been recruited, hired, to the extent practicable, have prohibit ed U.S. air carriers from hiring Cuban nationals if they had been recruited, hired,
or trained by entities that are owned, operated, or controlled in whole or in part by Cuba’s Council of State, Council of or trained by entities that are owned, operated, or controlled in whole or in part by Cuba’s Council of State, Council of
Ministers, Communist Party, Ministry of the Ministers, Communist Party, Ministry of the ~~Revolut ionary~~Revolutionary Armed Forces, Ministry of Foreign Affairs, or Ministry of Armed Forces, Ministry of Foreign Affairs, or Ministry of
the Interior. An identical bill, S. 2023 (Rubio), was introduced in the Senate in October 2017. the Interior. An identical bill, S. 2023 (Rubio), was introduced in the Senate in October 2017.
6160 T his requirement relating to public air charters to and from Cuba stems from a recommendation made by the T his requirement relating to public air charters to and from Cuba stems from a recommendation made by the
Government Accountability Office (GAO) in a July 2018 report examining T SA’s assessments of Cuban aviation Government Accountability Office (GAO) in a July 2018 report examining T SA’s assessments of Cuban aviation
security. See GAO, security. See GAO, Aviation Security, Actions Needed to Better Identify and Track U.S. -Bound Public Charter
Operations from Cuba, GAO-18-526, July 2018. , GAO-18-526, July 2018.
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