Travel to Cuba remains heavily restricted under U.S. sanctions law. The Office of Foreign Assets Control (OFAC) regulates nearly every aspect of American citizens’ and U.S. residents’ ability to visit the island. Although some categories of travel are permitted, tourism is broadly prohibited, and non-compliance with OFAC rules can lead to serious penalties. This blog explains what travelers, legal professionals, and businesses need to know to remain compliant.
Sanctions Against Cuba and the Role of OFAC
Cuba is one of the longest-standing OFAC sanctioned countries. The U.S. maintains a comprehensive embargo, restricting trade, investment, and travel. OFAC plays a central role in enforcing these restrictions and determines who can go to Cuba, for what reasons, and under which conditions.
While diplomatic relations were partially restored in recent years, the embargo and accompanying regulations remain in full force. All travel-related transactions involving Cuba must either fall within an approved license category or receive specific authorization from OFAC.
Who Can Travel to Cuba and Under What Conditions
Travel purely for tourism is not allowed under U.S. law. However, OFAC authorizes travel under twelve categories of general licenses. These include family visits, educational or religious activities, humanitarian work, professional research, and participation in public performances or sporting events. Travelers using these categories must align their trips strictly with the stated purpose and maintain records of their itinerary and expenses.
Those who wish to travel for other reasons need to apply for a specific license OFAC, a process that can take several weeks or longer depending on complexity.
Required Licenses and Permitted Travel Categories
Each travel category has its own documentation standards. Educational visits, for example, require a structured schedule with a defined learning goal. Family visits must be to close relatives as OFAC defines. Humanitarian travel should involve a clear mission, such as delivering aid or services.
Travelers must retain detailed records and, in some cases, provide reports after their trip. Even under a general license, failure to properly document a visit can result in enforcement action.
Further guidance on Cuba-specific rules is provided on the ofac cuba sanctions information page.
Violating OFAC Rules: What Are the Risks?
Breaking OFAC travel regulations can carry serious consequences. Civil penalties may exceed $100,000 per violation. More severe breaches can result in criminal prosecution, especially if linked to intentional evasion or fraudulent conduct. Funds may be seized, and future access to international banking could be restricted.
OFAC has taken enforcement actions in past cases involving unauthorized tourism or bookings through non-approved vendors. U.S. authorities can audit and review travel records upon re-entry into the country.
How a Sanctions Lawyer Can Assist With Cuba Travel
Working with an experienced sanctions lawyer provides clarity and protection. A lawyer can evaluate whether your travel plans fit within OFAC’s framework, guide you through the license application process if required, and ensure that all records and procedures are compliant.
In addition to individual travelers, businesses sending staff to Cuba or organizing group activities benefit from legal support to coordinate their travel under humanitarian, educational, or professional categories.
What to Do Before Traveling: A Step-by-Step Checklist
Before traveling, confirm that your travel purpose fits within a permitted category. If needed, identify whether a general or specific license applies and collect all necessary documentation. Legal consultation is highly recommended for trips involving ambiguous purposes or high-risk sectors. Lastly, check for any recent updates in OFAC’s policy before departure.
Traveling to Cuba under U.S. jurisdiction demands careful preparation. With the right legal and procedural support, travelers can ensure their plans are fully compliant and avoid legal complications.