Individuals subject to US law traveling on a "fully hosted" basis can travel without a specific license so long as they do not spend any funds of their own while in Cuba. This includes travel on a prepaid, all-inclusive tour package with companies such as Last Frontier Expeditions (see Organized Tours in the Transportation chapter). Funds used to make payments for hotels, meals, ground transportation, sundries, etc., must originate from a) an entity within Cuba b) an entity within another country (Last Frontier Expeditions is an Aruba and Mexican based company) or c) an individual within another country. The use of indirect transfers is not permitted. A "fully hosted" traveler may pay for transportation only if aboard a non-Cuban carrier such as Mexicana, Air Jamaica, Lacsa, Iberia, etc. Travelers whose expenses are covered by a person not subject to US jurisdiction may not bring back any Cuban origin goods, except for informational materials (books, magazines, posters, etc.) and an unlimited amount of artwork. Gifts from Cuba nationals may be brought into the USA, but the gift must remain with the US Customs Service at the point of entry; the traveler subject must then request a license.

Qualified Travel Service Providers Referring to travel agencies and tour operators, "It is possible to provide travel services to US persons legally able to travel to Cuba for family visits, professional research, or news gathering," says Michael Krinsky, a partner in the law firm of Rabinowitz, Boudin, Standard, Krinsky and Lieberman, which represents the Cuban government in the United States. US travel agencies can also provide services to third countries, from where a traveler makes his or her own arrangements for travel to and within Cuba. They may also be able to provide services, such as travel arrangements to Jamaica, where a component includes an excursion to Cuba. Treasury Department regulations do not "show a clear penalty against travel agents who book travel this way."

Contrary to popular belief, US law does not prohibit US citizens from visiting Cuba. However, to visit Cuba legally you must either spend no money there, or qualify for a license issued by the US Treasury Dept. in order to buy goods (a meal at a hotel, for example) or services (an airline ticket, tour package, or hotel room). In order to apply, you need a good reason. Except as specifically licensed by the Office of Foreign Assets Control, payments in connection with any other travel to Cuba are prohibited, whether travelers go directly or via a third country such as Mexico, Canada, or another Caribbean Island. US citizens and any person in the USA is subject to these restrictions, regardless of citizenship. Under these restrictions, spending money relating to Cuban travel is prohibited unless the traveler is licensed. The regulations change frequently and are open to interpretation by the understaffed office (interpretation often shifts with the political breeze). For example, in May 1999 the Clinton administration announced new regulations that will expand travel opportunities. US universities and non-governmental organizations may now apply for two-year travel permits to Cuba that will permit any of its members to travel to Cuba without requiring individual certification. And the amount that U.S. citizens can spend in Cuba was raised from US$100 to US$185 per day.

To determine if you or your organization qualify for a general license (which does not require prior government authorization) or a specific license (which does require prior government authorization), contact: Licensing Division, Office of Foreign Asset Control (OFAC) US Department of the Treasury 1500 Pennsylvania Ave. NW, Washington, D.C. 20200 tel. 202-622-2520 or 202-622-2480 fax 202-622-1657       - Request the Cuban Assets Control Regulations.

The Office of Cuban Affairs (OCA) Department of State Washington, D.C. 20520 tel. 202- 647-9273 fax 202-736-4476 web site: www.state.gov       -establishes the policies by which the OFAC interpret the regulations by which laws are enforced. The following regulations applied at press time: Who is an "Individual Subject To United States Law" An individual subject to US law includes: any individual, wherever located, who is a citizen or resident of the USA; any person who is within the US (a non-US citizen in transit at an airport, for example); any corporation organized under the laws of the USA or of any State, territory possession, or district of the USA; any corporation, partnership, or association, wherever organized or doing business, that is owned or controlled by persons an individual or individuals subject to US law. (Non-US citizens who have H-1 visas are generally considered to be subject to US law.)