Sorry for the delays, I've been enjoying my Christmas vacation in Tahoe and have just returned yesterday. First off, merry christmas! Not sure why some of you guys are so hostile.
There are some basic laws regarding travel to Cuba, which (as I understand it) come from the Trading with the Enemy Act, which is legal. Cuba has been designated as the enemy, and falls under that act. OFAC is charged with enforcing the spirit of this law and has been challenged in court many times, sometimes successfully, because they are excercising discretion based on your 5th ammendment rights, which should be unconstitutional, but isn't for some reason.
OFAC says many things and does many things that don't bear up under the law. They change their mind continously and publicly state that they are changing the CACR rules based on their decision and policy, no legal changes whatsoever. The law hasn't changed since 1917, the cuban regulations change constantly. OFAC gets away with this because almost no one challenges them to the point that they rendez-vous with a judge.
I guess this is why some people think I'm "cherry-picking" information, because there's conflicting information from every time they change their policy. I'll be the first to admit wrong doing here, after doing more in depth research I found out that in fact OFAC had spontaneously changed their rules again in 2004 (a little more current than my general information I'm afraid to admit) and now have decided to remove fully-hosted travel from being legal because, get this, they think that people may be fully hosted but are actually still paying their exit visa although they are not required to. Read more here:
http://www.treas.gov/offices/enforcement/o...s/20040616.html
I have friends who have travelled to Cuba on the general licenses and specific licenses and all have brought back cigars with a letter from the Government explaining that they can bring 100 dollars worth of cigars and goods back. Unfortunately I assumed this to still be true and in fact OFAC arbitrarily changed the rule again 2004 (no new laws, just a new policy change) stating that the 100 dollar limit was no longer in effect and that congress was now exempted from the limits altogether. The above link indicates the removal of the right, the below link is a good article where someone does it and explains. Note that it's from 03, my friends last went in 04 or 05 but I think OFAC was maybe 1 year or later in actually implementing all of their new rules. (at least through the Mexican border)
http://www.sfgate.com/cgi-bin/article.cgi?...16/TR178410.DTL
I apologize for stating incorrect information as my facts were clearly a few years out of date. I don't try much to keep abreast on recent changes and OFAC doesn't mail out "updates" to their policies and procedures. I do know that it is legal to travel to cuba. This is a fact, there are some that believe it's not and at at occasion OFAC states that it is illegal (which is patently false). This was ruled by the Supreme Court (Douglas, majority, 1964) and reaffirmed by the Supreme Court in 1984 reagan v wald which affirmed that it is legal to travel to Cuba but not to spend money without a license.
The crux of the argument is that spending money is illegal there, so it's legal to go but you have to break the law to do it. This in fact has been argued for years as unconstitutional (it's been found to be constitutional) and Carter actually reversed the policy stating that it was legal to go to Cuba but not being able to spend money was a defacto bar on excercising the right. Reagan renewed the ban, was sued, and in Reagan v. wald it was found that you do have a consitutional right to go to Cuba but they have a consitutional right to keep *you* from spending money. (without a license)
Here's many links on the subject of it being legal to travel there:
http://ccrjustice.org/ourcases/past-cases/reagan-v.-wald
http://www.legalcubatravel.com/
http://www.aclu.org/natsec/travel/21148leg20051017.html
http://answers.yahoo.com/question/index?qi...29150242AACXZ27
http://answers.yahoo.com/question/index?qi...26141731AAjvsLo
The rules were opened again 1999 by Clinton.
Hence people travel to Cuba all the time, some estimates at 200K americans this year alone. Prior to 2004 it was allowed to travel fully hosted, which many people do. It is clear that people are still operating under that belief, not understanding the 2004 OFAC rules, and probably not declaring their Cuba travel at the border and so not getting educated on the change.
In any case, I continue to urge everyone to get a license and go to Cuba, they'll give one to anyone and there are plenty of great organizations that will help facilitate the entire process:
here's a couple links:
http://www.usacubatravel.com/
http://www.cubalinda.com/English/Sections/HowCubaUS.asp