AU
CUBA LICENSE INFORMATION

Originally posted: January 1, 2004  - rev. 03/24/2006 04:05:28 PM

Background:  Travel to Cuba by U.S. citizens is limited to certain categories of travelers who are specifically licensed by the US Treasury Department for such travel.  Persons visiting family, full-time journalists, professional researchers, and government officials can travel to Cuba for specific activities as outlined in US federal regulations - 31 C.F.R. Parts 501 and 515 and specifically section 515.560 and 515.565 (and as amended June, 2004).  For detailed information, see the U.S. Treasury Department, Office of Foreign Assets Control (OFAC- http://www.treas.gov/ofac) web site.

Sanctions Program and Country Summaries	http://www.treas.gov/offices/enforcement/ofac/programs/
CUBA Overview of Sanctions	http://www.treas.gov/offices/enforcement/ofac/programs/cuba/cuba.pdf http://www.treas.gov/offices/enforcement/ofac/programs/cuba/cuba_tr_app.pdf
CUBA Guidelines and Information	http://www.treas.gov/offices/enforcement/ofac/programs/cuba/cuba.shtml
CUBA Enforcement Notices -	Prepaid Tourist Packages are Prohibited Cuba Family Visit Transaction Guidelines
Other Information	Cuban Cigar Update ,  Authorized Travel, Carrier, and Remittance Forwarding Service Providers - Guidance for Cuba Service Providers - Summary of Travel, Carrier, and Remittance Forwarding Service Provider Program (Circular 2001)
This information is also available via Fax on the 24-hour service line 202/622-0077; for disk or paper copy, call 202/512-1530.

NOTE: Those who travel to Cuba without the appropriate US government approval and licenses are subject to penalties such as fines and other restrictions.

Auburn University's Cuba License

Requests for the AU license should be submitted to the Director, Office of International Education along with supporting documentation that should include:

• Specific information about the research or conference or educational program,
• Dates of departure and return along with the dates of the specific activities in CUBA
• Faculty, Staff and Students traveling on AU business - submit an approved AU Request for Authorization for International Travel approved by the Office of the Provost should also be attached.
• Students studying or doing research in Cuba must complete an Auburn Abroad Course Approval Form. ALL program activity in Cuba must be OVER 10 weeks in length.
• For AU Faculty: TEACHING at Cuban academic institutions must be for period OVER 10 weeks in length -  no shorter periods allowed under current regulations.  NOTE: For non commercial academic research in  Cuba specifically related to Cuba and for the purposes of obtaining a graduate degree are NOT subject to the 10 week limitation.
• Program of study or visits - a completed description of the nature of the activities including itinerary
• Hosting institutions - list of any educational or other institutions in CUBA that will be visited or involved in collaboration or support for the visit
• Interview schedules - if meetings will take place with specific organizations, groups, individuals, etc.. include names, titles and affiliations
• Academic course credits - both undergraduate and graduate students must receive academic credit for their activities in Cuba therefore a listing of the courses for which the student will be enrolled related to the activities in Cuba
• List of all individuals participating in the activity (note: dependents and family members may NOT accompany the traveler under this license, only official AU representatives and students)
• For Students - a letter from the faculty teaching the course, academic advisor and/or chair of graduate committee indicating the relevance and academic value of the activities in Cuba to the student degree program and coursework
• For Faculty and Staff - I - include in the request a clearly identified statement of research that indicates that the research is "non commercial and academic in nature", a schedule that "comprises a full work schedule in Cuba" and information indicating that the research "has a substantial likelihood of public dissemination."
• For Faculty and Staff - II - a cover letter from the department chair or supervisor indicating support for the activities and indicating the relevance of the work to be done in Cuba to the academic and research mission of Auburn University

For group study abroad programs (must be over 10 weeks in length), please contact the OIE Assistant Director for Auburn Abroad for information regarding student group policies. AU faculty who intend to organize AU study programs to Cuba should submit a proposal to OIE for approval by the Office of the Provost (minimum timeline 6 months, preferred 18 months). There are established deadlines for programs to allow sufficient time for planning and obtaining necessary travel documents.

OIE will work with all program participants to review the visa process for entry into Cuba.  Note direct travel to Cuba from the US has significant restrictions however many programs use air carriers through both Canada and Mexico.  Regardless of the method of travel ALL US CITIZENS  should have an approved US OFAC license to travel to and return from Cuba.

CUBAN INTEREST SECTION in US  - Visa Forms,

Embassy of Switzerland, Cuban Interests Section, 2639 16 Street N.W., Washington, D.C. 20009
Email: Informacion1@sicuw.org , Informacion2@sicuw.org
Phone / Teléfono: (202) 797 8507, (202) 797 8609, (202) 797 8610
Fax: (202) 797-8521 Indicate if you wish to receive a reply via e-mail, fax, or regular mail.
 

Information for students and faculty not born in Cuba, born in Cuba and those who have immediate relatives in Cuba

Individuals who were not born in Cuba, but who have immediate relatives in Cuba (parents, children, siblings, or spouses) whom they wish to visit in Cuba, or travel with to Cuba, please check with the Cuban Interest Section on applicable procedures specific to your situaiton. Similarly, individuals born in Cuba who have become naturalized U.S. citizens must consult the Cuban interest section on the appropriate procedure required to visit Cuba.  AGAIN, ALL should check with the Cuban Interests Section at the Swiss Embassy in Washington, D.C. about additional visa requirements.  "From US Dept of State Cuba Consular Information sheet - DUAL NATIONALITY: The Government of Cuba does not recognize the dual nationality of U.S. citizens who are Cuban-born or the children of Cuban parents. These individuals will be treated solely as Cuban citizens and may be subject to a range of restrictions and obligations, including military service. The Cuban government may require U.S. citizens, whom Cuba considers to be Cuban, to enter and depart Cuba using a Cuban passport. Using a Cuban passport for this purpose does not jeopardize one’s U.S. citizenship; however, such persons must use their U.S. passports to enter and depart the United States. There have been cases of Cuban-American dual nationals being forced by the Cuban government to surrender their U.S. passports. Despite these restrictions, Cuban-American dual nationals who fall ill may only be treated at hospitals for foreigners (except in emergencies)."

Joint programs with other U.S. institutions under the new regulations effective June 2004 - AU may only host those faculty/staff who are employees of Auburn University or AU students who are degree seeking at Auburn University.  AU's Cuba license may NOT be used to sponsor the travel of NON AU faculty, staff and students.

The AU license follows US Treasury Guidelines for Educational Activities (515.565 sect 2, i through v and vii) which include:

1. (i) Participation in a structured educational program by AU undergraduate or graduate students or an AU undergraduate or graduate student group as part of a course offered at AU for which credit will be applied to the student's degree program.  Non Auburn University students participating in an AU structured program must have a letter from the academic unit at their home institution indicating that they will receive academic credit towards their degree program for the coursework taken at AU and work done in Cuba.
2. (ii) Non-commercial academic research in Cuba specifically related to Cuba conducted by a person working to qualify academically as a professional (for example, research toward a graduate degree).
3. (iii) Participation in a formal course of study at a Cuban academic institution by a AU undergraduate or graduate student currently enrolled in an AU degree program, provided the formal course of study in Cuba will be accepted for credit toward the student's undergraduate or graduate degree at AU.
4. (iv) Teaching at a Cuban academic institution by an individual regularly employed in a teaching capacity at AU.
5. (v) Sponsorship of Cuban nationals at AU for academic purposes, including the payment of a stipend or salary of a Cuban scholar to teach or engage in scholarly activity at AU.
6. (vi) this section of the code does NOT apply to AU and is NOT an AU licensed activity (Educational exchanges involving secondary school participants.
7. (vii) The organization of and preparation for transactions and educational activities by a full-time employee of AU.

In all cases, the AU student, employee, or faculty traveler must carry a letter from the Director of the Office of International Education stating that the individual is a faculty researcher, employee, or student enrolled in an undergraduate or graduate degree program or pursuing specific activities consistent with sections 515.565(a)(2)(i)-(v) and (vii) of the regulations, and citing the AU institutional license identification number as well as contact information.  Furthermore AU OIE must maintain a file specific to each activity for annual reporting to the US OFAC office.

• All participants approved through the AU license must participate in an OIE Cuba predeparture session. 
• All participants will be required to provide AU OIE with a written report summarizing all program activities including any changes or modifications to the itinerary, contacts, etc.. that were originally submitted in the approval process.
   

Limitations on activities

• Please read carefully the US OFAC information flyer on "What you need to know about the U.S. Embargo".  There are limitations and restrictions on what can be taken to (export) or brought back from (import) Cuba.  Additionally you should be aware that the Cuban government customs
• How do I pay for things in Cuba? What other restrictions might I encounter?
  Because of travel restrictions between the U.S. and Cuba, you cannot use your ATM cards or credit cards in Cuba. All transactions must be in cash (U.S. dollars).  Cell phones that normally work in the US generally will not work in Cuba.  If you lease or rent a cell phone please check carefully with the Cuban Interest Section on what is legal to take into Cuba.  Satellite phones we are told are not legal to bring into Cuba.  Internet access is available at many universities and through some of the major hotels for foreigners as well as internet cafe's in Havana.
• Can my parents legally visit me while I am in Cuba? GENERALLY the answer is NO - see below for details
  Can dependents travel with me while on an AU licensed activity? NO
  The license is issued strictly for educational activities, not tourism or any other non educational or commercial activity.  As AU students and faculty, you are covered by our educational license for the time you are in Cuba under the AU licensed activity. This license does not cover dependents or relatives of students and faculty, nor are we able to give travel advice to parents, dependents or family traveling to Cuba. AU cannot allow any unauthorized use of our name or license for travel to Cuba. Only the U.S. Dept. of the Treasury can provide such authorization. Some parents have traveled to Cuba legally while covered by a license issued for another purpose (conferences, etc.). Other parents and students have arranged to meet in another country (such as Jamaica or Mexico) during the student’s time abroad.
• Are Cubans hostile toward people from the U.S.? What should I know about Cuban laws?
  No, to the contrary, they are warm and welcoming. The people of Cuba feel that despite ideological differences between our governments, we are all human beings and we should be able to get along. The Cuban people are hospitable, gracious and friendly and they will go out of their way to make sure your stay in Cuba is pleasant. Many people in Cuba are curious about life in the United States, and they welcome the opportunity to show you what Cuba is really like.  However, Cuba’s “Law of Protection of National Independence and the Cuban Economy,” contains a series of measures aimed at discouraging contact between foreign nationals and Cuban citizens. These measures are aimed particularly at the press and media representatives, but may be used against any foreign national coming into contact with a Cuban. The law provides for jail terms of up to 30 years in aggravated cases. U.S. citizens traveling in Cuba are subject to this law, and they may unwittingly cause the arrest and imprisonment of any Cuban with whom they come into contact.

While in a foreign country, a U.S. citizen is subject to that country’s laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. Persons violating Cuban laws, even unknowingly, may be expelled, arrested or imprisoned. Penalties for possession, use, or trafficking in illegal drugs in Cuba are strict, and convicted offenders can expect lengthy jail sentences and heavy fines. Those accused of drug-related and other crimes face long legal proceedings and delayed due process.

515.564 Professional Research and Professional Meetings in Cuba

Academic professionals may travel to Cuba in the Professional Research category under a general license when that travel meets the conditions set forth in the section on professional research and professional meetings in Cuba, (515.564). The AU license is not required for this category however other licensing may be required, please check with the US OFAC or AU OIE for additional details.