US State Department Warning against US Citizen travel to Cuba

The Managers would like to draw to Members’ attention the following travel alert issued by the US State Department on 29 September 2017 in respect of travel by US citizens to Cuba:

https://travel.state.gov/content/passports/en/alertswarnings/cuba-travel-warning.html

In light of recent “sonic” attacks targeted at US diplomatic residences and hotels frequented by US citizens, the US State Department has advised US citizens not to travel to Cuba as they may be at risk of similar attacks.

The Managers have sought legal advice from US lawyers on the implications of this travel warning. We are advised that the warning does not amount to a formal instruction which US citizens must comply with; it has “advisory” effect, and there is no prohibition against US citizens travelling to Cuba, nor against operators continuing to provide related passenger carrier services, so long as such activities meet the existing requirements as set out in the Cuban Asset Control Regulations, and the associated general licenses. Those licenses authorise the provision of carrier services for travel between the US and Cuba, and US citizens may utilise such services for the following activities:

-          Family visits
-          Official business of the US Government, foreign governments and certain intergovernmental organizations
-          Journalistic activity
-          Professional research and professional meetings
-          Educational activities
-          Religious activities
-          Public performances, clinics, workshops, athletic and other competitions, and exhibitions
-          Support for the Cuban people
-          Humanitarian projects
-          Activities of private foundations or research or educational institutes
-          Exportation, importation or transmission of information or information materials
-          Certain expert transactions

US Department of Treasury FAQs relating to Cuba (including travel) can be found at this link:

https://www.treasury.gov/resource-center/sanctions/Programs/Documents/cuba_faqs_new.pdf

As matters currently stand, insurance related activities which are necessary and incidental to the performance of licensed passenger transportation to Cuba will fall under the umbrella of the general licenses, including insurance provided by the Club, and related insurance brokerage services provided by US based brokers, insurers or reinsurers.

Members providing passenger travel services into and out of Cuba may wish to consider bringing the alert to the attention of passengers and crew.

Please refer any questions to your usual contacts at the Club.