Cuba: Clarification of the Rules for US Yachts Visiting Cuba
(April 17, 2018) This is a clear, updated explanation of the old procedures for US yachts wishing to visit Cuba. As of June 5, 2019 the rules have changed, and it is now prohibited for US yachts to visit Cuba. See link to latest news item in report.
Published 7 years ago, updated 6 years ago
New Rules 2019 for US Yachts Visiting Europe.
(April 17, 2018) Original information by Addison Chan from the Facebook group Cuba, Land and Sea
History
There used to be three US Government Departments that were involved for an American citizen on a US-flagged vessel to go to Cuba:
1. Department of the Treasury, and more specifically the Office of Foreign Asset Control (OFAC)
2. Department of Commerce, specifically the Bureau of Industry and Security BIS
3. Department of Homeland Security specifically the United States Coast Guard.
Early in 2015, the OFAC changed the licensing procedures so that American citizens could self declare under which of the 12 special sub-categories of general license that a traveller was qualified to enter Cuba. The actual requirements did not change, but the traveller no longer had to apply for and be granted a license prior to travelling. They merely had to retain proof that the purpose of their visit was bona fide and that they would be able to produce proof if requested by the appropriate authorities for 5 years.
In Sept of 2015, the question of using American flagged private vessels for travel to Cuba was addressed by BIS. Previously a private vessel going to Cuba would have to apply for an export permit from BIS. With a rule change published in the federal register BIS has adopted the position that provided a traveller is going to Cuba under one of the 12 self-declared categories, they are exempt from needing a BIS export permit for their vessel, provided the vessel either leaves Cuba within 14 days for travel to another country to which an export permit would not normally be required or returns directly to the US. There has been some confusion because the earliest reports of the new rules stated that a vessel had to travel directly to and from Cuba from a US port. The published rules state clearly that is not the case.
Finally, the Homeland Security permission to enter Cuba as administered by the USCG is the only one that is still required.
Procedure for getting a permit
Download the form called “US Coast Guard Application to Enter Cuban Territorial Waters”, known as the 3300, from www.uscg.mil/d7/ docs/Cuban%20permitCG3300.pdf [Broken Link]
Print several copies, clearly enter the information required, and e-mail or fax it to the given address. It is a good idea to include passport numbers for all crew.
Be accurate with your departure date and location. Besides your port of embarkation, you’ll need to state your intended Cuban destination. The permit requires the latitude and longitude.
There must be a purpose for the voyage. To take a vessel to Cuba requires that ALL crew travelling on that vessel qualify under one of the 12 categories and the USCG form 3300 has been issued. You will need to self declare under one of the 12 categories.
Expect three weeks or more for your permit to be processed.
This then permits the boat to visit Cuba for a maximum of 2 weeks.
US Cuban Embassy’s website: https://cu.usembassy. gov/u-s-citizen-services/local-resources-of-u-s-citizens/traveling-to-cuba [Broken Link].
Note: Rules are frequently changed so be sure to call the Coast Guard base in your port of departure to double-check current procedures.
Current Customs rules are you are allowed to bring back 40 cigars and 2.75 litres of rum.
Last updated April 2018.
I have done my best to get an answer to your question regarding visits by American citizens to Cuba and as far as I can establish, the rules are the same whether they are on the US-flagged boat or a foreign one.
If you have a look at this web page and go to the ‘Travel’ section
https://www.treasury.gov/resource-center/sanctions/Programs/Documents/cuba_faqs_new.pdf
you will see that no US citizen (or resident) can visit Cuba just for tourist purposes.
As explained in this report, their visit has to fit one of the ’12 categories of activities identified in the CACR’ although now a citizen can ‘self-license’
The form ‘Request for Travel’ can be found on this web page
https://licensing.ofac.treas.gov/Apply/Introduction.aspx
The easiest category to fulfill is ‘the people to people’ or ‘education’ one.
Hi there, I have a question if anyone can shed some light please – We are a UK flagged vessel going from Key West to Hemingway Marina, Cuba for 2 nights then back to Key West. Mexicans, a Brit and a New Zealander are on board I believe will not be a problem, but we have 2 Americans on board too. Will they just need to fit in under the same laws as US citizens on a US vessel?
Great information, thank you so much!