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Recently several respected tour
companies announced that the Office of Foreign Assets Control ("OFAC") had
issued them with specific travel licenses under which they may allow individuals
to participate on People to People exchanges. These licenses are "travel
authorizations" only, they do not permit, and in fact prohibit, the holder (the
tour companies) from providing travel services to Cuba.
With this in
mind, please be aware of the following;
A: A travel agency with an
effective OFAC Travel Service Provider ("TSP") license may provided Travel
Services to Cuba, may collect payment for those services from licensed
travelers, and may remit any monies due to Cuban travel suppliers.
OFAC has a list of TSP's available
on its website.
OFAC licensed TSP's may provide limited travel
services - in accordance with OFAC regulations - only to individuals and groups
that are licensed to travel to and from Cuba ("Licensed Travelers")
B:
A licensed people to people trip organizer, or
someone who qualifies for a general license, is only obligated to make
arrangements through a TSP if it wishes to use a US company. If one prefers to
work through a third country or Cuban provider, that is completely legitimate.
An unlicensed travel agency or
tour operator will violate Federal Law - and will be subject to civil and/or
criminal penalties. If the entity promotes or offers Cuba travel services,
makes travel arrangements to Cuba, collects funds for travel to Cuba from
Licensed Travelers; or earns commission on bookings to Cuba.
Please check OFAC's website to
determine whether the entity with whom you are dealing has an effective TSP
License. Making payments to an unlicensed entity (one that does not have a
TSP License) may be in violation of the Federal Law.
Moreover, having determined you
are working with a licensed TSP, you are still not allowed to handle payments for
travel to Cuba (unless you are a TSP). All monies must pass directly from
a Licensed Traveler to a Licensed TSP.
Tour operators
outside the US are completely free to make it known in the US that they will
provide this service to persons who are licensed. Of course they can also
provide the service to persons who choose to ignore special interest driven US
Jim Crow travel restrictions. In theory, an American traveler without a license
is vulnerable to punishment. In fact this has not happened since the last
year of the Bush Administration. |
