In March 2003, a tourist lost his U.S. passport somewhere between the men's room and the cacahuete vendor at a Havana baseball game while on an illicit trip to Cuba, and the potential repercussions were frightening. During the George W. Bush administration, there was no way to travel there legally as a regular person. But the enforcement was still patchy; most illicit Cuba visitors wouldn't have known exactly what was in store for them if they were caught. Sanctions were so tough that the same year the U.S. Treasury fined 240 individuals, most of them just for attempting to import Cuban cigars.
Eric -- a photographer from Olympia, Washington -- was travelling with a Cuban baseball tour run by a Canadian group. The mostly American guests had traveled to Havana via Mexico or Canada. The story had a happy ending. Eric never found his passport, but getting it replaced with the help of the U.S. interests section in Havana was blessedly uneventful, and fine-free -- which at that point made him lucky.
As Beyonce and Jay-Z's recent government-licensed visit proved, there is now a way to travel to Cuba with a clear conscience. The couple used government-sanctioned licenses, implemented by President Obama in 2011, didn't exist just a few years ago, and the Bush administration was more vigilant about enforcing the ban.
As Beyonce and Jay-Z's recent government-licensed visit proved, there is now a way to travel to Cuba with a clear conscience.
And while in Washington the same arguments simmer over whether to engage or to isolate Cuba, as changes begin to take root outside of government policy, it is possible that soon voyaging to the island nation could get easier still in coming years.
Tom Popper, president of Insight Cuba, a licensed travel agency, said the Carters' visit had sparked a huge interest in his organization and the trips it offers. "The awareness level has been raised [and] the future for people-to-people travel has never been brighter," he wrote in an email three days after the news broke.
The Carters' trip was also only weeks before April 30, when Secretary of State John Kerry will make his recommendation on whether Cuba should be removed from the list of state sponsors of terrorism. In the Senate, Kerry supported unilaterally easing Cuba sanctions. Removing Cuba from the list may, along with a bolstered profile of 'legal' Cuba travel, begin to reset bilateral relations.
Cuba is still the only country in the world that U.S. citizens are in some way restricted - by their own government - from visiting. Travelling there is not illegal; the embargo applies to doing business in Cuba, including any "travel-related" transactions. And Americans have gradually come around on Cuba travel restrictions of any sort.
A 2009 Gallup poll found that while attitudes on the trade embargo are split along ideological lines, with Republicans generally opposed to liberalization, there is greater convergence on the travel issue; 57 percent of Republicans, 74 percent of Democrats and 60 percent of independents polled were in favor of removing travel restrictions. A 2011 Florida International University poll made a similar conclusion.
In response to a letter from Florida lawmakers requesting clarification of the nature and legality of their trip (critics of the travel system believe that any kind of tourism helps the Cuban government, because the tourism industry is state-owned) The Treasury Department's Office of Foreign Asset Control (OFAC), which oversees the U.S.'s trade sanctions, including those for Iran and North Korea, confirmed that the Carters' visit had been authorized under a people-to-people license, part of a set of liberalization measures that Obama implemented in 2011 with the hope of increasing contact and strengthening civil society in Cuba.
Unlike general licenses issued to individuals like journalists or doctors, people-to-people licenses are issued to organizations (in Beyonce's case, the New York-based non-profit Academic Arrangements Abroad) who can then take ordinary folk (or celebrities, in this case) on cultural or educational trips.
A FOIA request by blogger Tracey Eaton revealed that OFAC had issued 431 Cuba licenses in 2011. To be approved, organizations must present full-time, detailed itineraries to show how each traveler "has a full-time schedule of educational exchange activities that will result in meaningful interaction between the travelers and individuals in Cuba." There is a also list of "prohibited persons" in the Cuban government and the Communist Party with whom US travelers are actually allowed to meet--they just can't spend a " predominant portion" of activities with them.
They must also explain how the activities result in "meaningful interaction." All trips must have a chaperone from the licensed organization, who must also write a report detailing all people-to-people activities during the trip. Attendance and participation at all events -- and a grueling schedule -- is mandatory for travelers. All this is meant to create as light a "tourism" footprint as possible, but in addition to the difficulties of legislating meaningful interaction, this elaborate system operates in a reality where, particularly in Cuba, culture is never far from politics. This has drawn ire from critics of the program, who think it's naïve. In a 2011 Senate speech, Cuban-American Republican Senator Marco Rubio fumed that an Insight Cuba trip, by meeting "Cuban hosts" and visiting monuments and museums dedicated to the Revolution, bordered on "indoctrination." And when he learned of a Center for Cuban Studies trip called "Ethics of the Cuban Revolution," which includes a forum on U.S.-Cuba relations and a visit to a literacy museum, Rubio commented that it would only attract people who are "at best, curious about Cuba and at worst, sympathetic" to the Cuban government.