02/12/2002 - Updated 02:08 AM ET
U.S. tourists still drawn to Cuba
By Laura Parker, USA TODAY
Two years ago, Lila Irvine and Mary Rilei, both grandmothers who live in Des Moines, took a trip to Cuba set up by a local dive shop.
A few months after they returned home, they received letters from the U.S. Treasury Department accusing them of violating the Trading with the Enemy Act.
"I had to sign for it. It came registered mail," says Irvine, 72. "I thought it was from the IRS about my taxes," says Rilei, 89.
But the letters were from the Office of Foreign Assets Control, a division of the Treasury that tracks terrorists' money around the globe. The office also is responsible for tracking down, and fining, American tourists who violate the U.S. ban on travel to Cuba.
~snip~
Since the Bush administration took over, hundreds of tourists, teachers, artists, urban planners, public health workers and entrepreneurs who have traveled to Cuba are being contacted by the Treasury Department in an effort to staunch the flow of Americans visiting the communist island.
The crackdown has drawn the attention of Congress. In July, the House voted to maintain the travel ban, but lawmakers opposed to the ban say they have the votes to overturn it.
Monday, Senate Appropriations Committee Chairman Byron Dorgan, D-N.D., took testimony at a hearing in Washington from a retired teacher, fined for taking a bicycling trip in Cuba, and the son of a missionary, fined after a one-day trip to the island to scatter his parents' ashes next to a church they had built. Dorgan calls the travel ban "absurd" and suggests taxpayers' money could be better spent.
~snip~
Dan Snow, a travel agent in Austin, boasts that he has sent many Americans legally and illegally. "Maybe one in 100 have a license," he says.
Snow is the only American who was, as he puts it, "ever convicted for traveling."
In 1990, he spent 45 weekends in federal prison after he was convicted of violating the ban by taking eight fishermen to Cuba in 1987. He says he has since made about 50 trips.
But unlike other travel agencies that are fuzzy about the legalities of their Cuban tours, Snow is upfront. His Web site says straight off: It's illegal to go.
More:
http://www.usatoday.com/news/nation/2002/02/12/usat-cuba.htmDan Snow's website:
http://www.cubatravelusa.com/~~~~~~~~~~~~~Publication Date: Wednesday, April 13, 2005
Guest Opinion: Expanded U.S. travel ban to Cuba strikes home in Palo Alto
by Eliot Margolies
We have a neighbor who was forbidden to see the uncle he admires and loves dearly, even as his uncle had lung cancer that metastasized into his brain -- he died in late March.
There was but one person who ordered that the two should be kept apart -- our President George W. Bush.
During the heated election campaign last fall, President Bush created new rules that further restricted visits to Cuba. Though a majority in Congress have voted to end the travel ban to Cuba in each of the past four years, a vocal minority of Cuban-Americans in Florida held more sway with the campaigning president.
Before last July, U.S. citizens could visit Cuba once a year if they had relatives there. Now it is restricted to once every three years and only to visit a parent, a child, or a sibling.
Tomas Moran, a Palo Alto resident, applied to the U.S. State Department for a dispensation to visit his uncle, but was turned down. Congresswoman Anna Eshoo tried to help, but was turned down as well. The State Department was not even swayed by the fact that Tomas was trying to take his 103-year-old grandmother to see her son for the last time.
~snip~
The revolution in Cuba drove a wedge through Tomas' formerly tight-knit family. His parents left Cuba for Puerto Rico in 1961. His father, an elevator engineer, was outraged when the revolutionary government decided to nationalize the schools and enroll all the previously excluded poor kids.
An aunt and uncle also left the island for Miami, where they are part of the virulently anti-Castro Cuban-American community -- uncle was an architect in Cuba and continues as one in Miami.
~snip~
The entire travel ban would have been history if the U.S. House of Representatives and Senate had their way. In 2003 both bodies voted to end it as part of a treasury appropriations bill, but President Bush threatened to veto the bill. In conference, the legislators agreed to drop the provision.
Cuba is now the only country that American citizens are prohibited from visiting. So much for our vaunted freedom of movement and travel.
More:
http://www.paloaltoonline.com/weekly/morgue/2005/2005_04_13.guest13eliot.shtml~~~~~~~~~~~~~~In one of the U.S. government's most extreme cases to date, two Key West sailing enthusiasts faced up to 15 years in prison for organizing a sailboat race to Cuba's Hemingway Marina. Michele Geslin, 56, and Peter Goldsmith, 55, were indicted on charges of acting as unauthorized "travel service providers" for organizing a 2003 regatta for about 15 sailboats. The event was reportedly the ninth annual such regatta to Cuba, and in no way represented a threat to our 'national security' as alleged by the Department of Justice. All charges were dropped against the couple.
Benjamin Treuhaft, a piano tuner from New York, has faced criminal penalties of up to 10 years in prison and $1 million in fines for donating more than 200 pianos to Cuba since 1995. In 2006, Treuhaft returned to Havana with his tools and a dozen music lovers to help tune the second-hand pianos donated by U.S. citizens through his non-profit "Send a Piano to Havana" program. He risks fines and jail time for allegedly "trading with the enemy." OFAC has repeatedly threatened Treuhaft for his many humanitarian trips to Cuba. This case has received major media coverage in the New York Times and other publications. Treuhaft refuses to pay any fines and to date has not faced any charges.
Anara Frank was fined $10,000 for going to Cuba to visit a sick relative. Ordinary travel-related spending for visiting family members is permitted under a general license, but when Ms. Frank made a second trip to Cuba to visit the same ailing relative, OFAC claimed they had sent a "Requirement to Furnish Information"RFI to her home address demanding information about both trips. No copy was ever sent to Ms. Frank's attorneys at the Center for Constitutional Rights. OFAC issued a $10,000 administrative penalty against Ms. Frank, based solely on her failure to respond to the RFI. After fighting the penalty, OFAC agreed to drop all fines and charges against Ms. Frank.
Jennifer Kennelly of Massachusetts bought a ticket through Travelocity, not knowing that as a U.S. citizen she needed a "special license" to travel to Cuba. OFAC proposed to fine her $7500 and her case went before an administrative law judge in 2005. Her fine was reduced to $3000 after arguing that a traveler relies in good faith on a travel service provider to make the proper legal arrangements in order for them to make the trip. Craig Ostrem of Minnesota also faced a fine of $7530 for booking a trip to Cuba online. With the help of an attorney, Ostrem's fine was reduced by 90% to $780.
,b>Joni Scott, a teacher at a Christian school in Indiana, traveled to Cuba in 1999 to distribute Bibles with a church group. Scott was fined $10,000 for failing to return OFAC's Requirment to Furnish Information form, even thought she had informed U.S. Customs officials that she had been in Cuba, assuming that her trip was legal because of its humanitarian nature. After considerable bad publicity regarding the government's attempt to fine her, Scott's fine was reduced to $1,000, and she settled the case.
Andrea and Michael McCarthy, medical professionals from Michigan, traveled to Cuba in 2001 to provide medical care and distribute needed medicines as part of a Catholic Church missionary program. The McCarthys' fines were reduced from $7500 to $2,600 each and an appeal has been submitted.
Milwaukee's "Methodist 3" faced fines of $7,500 or more each for traveling to Cuba in 1999 to mark the 100th anniversary of their sister congregation, la Iglesia Metodista Central de Trinidad. The U.S. government maintained that the three had violated the ban on spending U.S. money (a total of $150) in Cuba without a license. The three Milwaukee residents, William Ferguson, Dollora Greene-Evans and Theron Mills, brought counter-claims based on OFAC's interference with their right to practice their religion, and the fact that OFAC had pursued racial discrimination/profiling by charging both African-Americans who were part of the six-person delegation, but only one of the four white delegates. All charges and fines were dropped.
Kip (73) and Patrick (58) Taylor of Michigan sailed to Cuba in 1996. Knowing that U.S. law prohibited spending money in Cuba, the Taylors stocked their sailboat with enough provisions to last for the duration of their three-month trip. While sailing back to Florida, their boat was caught in a storm and struck by lightning, destroying their mast. After being rescued by the Cuban Coast Guard, the boat was towed back to Cuba. When the Taylors applied to the U.S. Treasury Department for permission to repair it, they were told to abandon their boat and leave their two dogs in Cuba. After weeks of attempting to negotiate, and unwilling to leave behind their dogs and a sailboat worth more than the costs of repairs, the Taylors fixed their boat mostly by themselves and with the help of visiting sailors who donated parts.
Upon their return to the U.S., the Taylors faced a civil charges from OFAC for disclosing that they gave a band-aid to a Cuban cook who had hurt his finger. They were charged with providing "nursing services to a Cuban national," which is forbidden under the embargo. For the next four and a half years, the Taylors, who are on a fixed income, were unsuccessful in requesting a hearing or a reduction of the penalty. In 2001, the government froze Patrick Taylor's tax refund, which he needed to pay for urgent medical care, and applied it to his fine. In 2003, the Center for Constitutional Rights (CCR) filed suit claiming that the Taylors were unfairly penalized under the Cuba embargo regulations. Lawyers also say the two were not informed of their Fifth Amendment rights which protect them from self incrimination. The suit was eventually settled.
David Heslop of North Carolina allegedly traveled to Cuba from Cancun and was pressured by a U.S. Customs Agent upon his return to the Charlotte airport to complete a document detailing his travel to Cuba, including information regarding his travel-related expenditures. A former U.S. Customs Agent testified that a traveler is not required to complete such a form during inspection at the point of entry. CCR lawyers argued that this evidence should not be allowed or relied on to prosecute him, since it was coerced. Heslop was fined $6,000 and his case is awaiting appeal.
Zac Sanders of Oregon allegedly traveled to Cuba without a license in 1998. He was charged with failing to respond to OFAC's Requirement to Furnish Information, (RFI) which requires details about travel, including expenditures, and names of fellow travelers and those who made his travel arrangements. Reminiscent of the McCarthy Era witch hunts, OFAC demands responses without advising of one's rights, and threatens people with penalties of $10,000 for simply failing to respond. Furthermore, OFAC requires people to answer within 20 days, making it difficult for Cuba travelers to find legal aid. CCR lawyers have filed a motion to dismiss, and a class action suit asserting that OFAC's rules conflict with our Fifth Amendment right to not have to give evidence against oneself. The class action suit was dismissed without prejudice.
http://www.righttotraveltocuba.org/defending/victories_vs_travel_ban