As has been the case for sometime, the United States Department of the Treasury Office of Foreign Assets Control (OFAC) is administering an increasingly less restrictive travel ban on Cuba. This has naturally led to more and more people visiting the island nation, which shows Cuba’s potential to become a major tourist destination for Americans if the travel ban is lifted.

Last year travel restrictions were lifted for U.S. persons with close relatives residing in Cuba. In addition, numerous organizations providing travel services to Cuba have been added to the list of those authorized to arrange travel to the island nation. Most recently, there have been a number of changes in the travel aspect of the Cuba program which allow for students and professors participating in educational activities such as study abroad programs, journalists wishing to attend meetings or conferences, and members of religious or humanitarian organizations recognized by the United States to travel to Cuba without additional authorization. In other words, in certain circumstances, these individuals do not have to apply for an OFAC specific license to travel to Cuba. Even for those parties who do not satisfy the criteria required to fall under the general authorization, OFAC will still consider permitting their travel to Cuba on a case by case basis pursuant to an OFAC specific license application.

Furthermore, flying to Cuba is becoming easier as well, with several major airports in New York, Miami, Los Angeles, Atlanta, Baltimore, Dallas, New Orleans, Chicago, Pittsburgh, Tampa and San Juan beginning to offer direct charter flights. This is surely the most visible sign that travel to Cuba has become much easier.

It is interesting that Cuba’s travel ban is still in place, particularly in light of the fact that the other country based sanctions programs administered by OFAC do not impose a travel ban (i.e., Iran, Sudan, etc.). The reason for this is that the other sanctions programs were promulgated under the authority contained in the International Emergency Economic Powers Act (IEEPA) while the Cuba program was promulgated in accordance with the authority found in the Trading With the Enemy Act (TWEA). IEEPA exempts from the President’s authority the ability to prohibit travel; an exemption not contained in TWEA. Regardless, it is surprising that the law in this area has not been changed to remove the prohibition on travel to Cuba, particularly in light of the fact that the other country based sanctions programs allow for travel to those embargoed countries. Perhaps, the events referred to above indicate the paving of a path towards removal of the travel ban. It certainly seems that way.

The author of this blog is Erich Ferrari, an attorney specializing in OFAC matters. If you have any questions please contact him at 202-280-6370 or ferrari@ferrari-legal.com.

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