Larissa
2nd March 2003, 19:09
Latest on the Bush Attempted Crackdown on Unlicensed Travel to Cuba
This past summer there was a near avalanche of news reporting on the harsh crackdown by the Bush Administration on Americans who travel to Cuba without licenses. The new enforcement policy is being carried out by the Office of Foreign Assets Control of the Department of the Treasury (OFAC). Typically OFAC takes one of two actions: 1) a "Requirement to Furnish Information" letter to the traveler demanding information on the traveler's suspected unlicensed travel to Cuba; or 2) a "Pre-penalty Notice" mailed to the traveler assessing a civil fine---often $7500 and based on OFAC's determination that the traveler spent money in Cuba without a license. The "Pre-penalty Notice" gives the traveler 30 days from the date of the letter to pay the fine or request an official hearing.
Everyone should know that they should refuse to give the self-incriminating information demanded in 1) above, and in the case of 2) above, they should ask for a hearing well within the 30 day period.There are form letters below prepared by the National Lawyers Guild for response to OFAC: one for 1) above in which the traveler refuses to give self-incriminating information; and another for 2) above in which the traveler requests a formal hearing.
If the record of the past five years is any guide, after a hearing is requested OFAC will then file away the case because no appeals hearings have been held, nor have any judges been appointed to hold such hearings. Through the date of this posting, October 14, 2002, the legal processing of all such cases has stopped at that stage, and therefore no fines have been imposed when the request for hearing was made on time.
Full information at:
http://www.cubalinda.com/English/General_I...foUScitizen.asp (http://www.cubalinda.com/English/General_Info/G_InfoSpecialInfoUScitizen.asp)
This past summer there was a near avalanche of news reporting on the harsh crackdown by the Bush Administration on Americans who travel to Cuba without licenses. The new enforcement policy is being carried out by the Office of Foreign Assets Control of the Department of the Treasury (OFAC). Typically OFAC takes one of two actions: 1) a "Requirement to Furnish Information" letter to the traveler demanding information on the traveler's suspected unlicensed travel to Cuba; or 2) a "Pre-penalty Notice" mailed to the traveler assessing a civil fine---often $7500 and based on OFAC's determination that the traveler spent money in Cuba without a license. The "Pre-penalty Notice" gives the traveler 30 days from the date of the letter to pay the fine or request an official hearing.
Everyone should know that they should refuse to give the self-incriminating information demanded in 1) above, and in the case of 2) above, they should ask for a hearing well within the 30 day period.There are form letters below prepared by the National Lawyers Guild for response to OFAC: one for 1) above in which the traveler refuses to give self-incriminating information; and another for 2) above in which the traveler requests a formal hearing.
If the record of the past five years is any guide, after a hearing is requested OFAC will then file away the case because no appeals hearings have been held, nor have any judges been appointed to hold such hearings. Through the date of this posting, October 14, 2002, the legal processing of all such cases has stopped at that stage, and therefore no fines have been imposed when the request for hearing was made on time.
Full information at:
http://www.cubalinda.com/English/General_I...foUScitizen.asp (http://www.cubalinda.com/English/General_Info/G_InfoSpecialInfoUScitizen.asp)