Cruising World - June 2018

june/july 2018

cruisingworld.com

80

VOYAGING

T

he more things change,

the more they remain

the same. Regulations for

Americans sailing to Cuba

have changed in recent

months, although, contrary

to the naysayers, they are not

nearly as Draconian as feared.

Most travel to Cuba will

continue to be permitted.

The following is my

personal take on the updated

regulations. As always, things

will change as the rules go into

practice and are interpreted by

the offi cials on the ground.

The big change is that

the individual mandate as it

pertains to “people-to-people”

travel is gone. What that

means is that you can no longer

self-declare as being compliant

with the regulations and then

go to Cuba for a vacation.

Anyone being honest about

the situation will admit this

mandate was being abused any-

way — American tourism is not

permitted to Cuba, but that’s

what was actually happening in

most cases.

However, of the 12 permitted

categories for travel to Cuba,

nine remain unaffected.

The three that have been

changed are the individual

people-to-people trips,

nonacademic (i.e., individual)

educational trips to Cuba, and

the “support for the Cuban

people” categories.

Among the other categories

— for example, those for

people with close Cuban

relatives, or involved with

sanctioned sports-related trav-

el such as a regatta held under

the appropriate organizational

auspices — people can still

travel as previously.

The big question for

American cruisers is: How does

all of this affect your plans to

go to Cuba? There are two as-

pects involved: permission for

yourself and your (American)

crew, and authorization for

your boat via the U. S. Coast

Guard Form 3300.

In general, you can no

longer say you’re going under

the people-to-people category

and then just cast off the lines

for Havana. Nor can you go

as an individual under the ed-

ucational category. To qualify

under these two categories,

you now must go as a member

of an authorized group, with

a U. S. representative of that

group accompanying.

That clearly leaves the door

open for charter groups such

as last year’s Cruising World

rally to Havana. These tours

are in compliance with the

regulations, including having a

representative along.

I brought a rally group

of seven boats to Cuba in

2016. Everyone loved the
      experience, but despite many
      benefi ts, group trips don’t
      appeal to all. What can you do
      to get there on your own?
      It is still possible, according
      to the regulations, to travel
      individually under the sup-
      port-for-the-Cuban-people
      category. The category has
      been revised, and lodging in a
      private Cuban residence (casa
      particular), eating at privately
      owned Cuban restaurants
      (paladares) and shopping at
      privately owned stores run
      by self-employed Cubans are
      examples of activities that
      qualify for this general license,
      but you need more than these
      activities to qualify. This is the
      category in which you might
      bring sporting or educational
      supplies, or participate in
      rebuilding a Cuban school.

To qualify, you must have a

full-time activity schedule

that “support[s] contact with

the Cuban people, support[s]

civil society in Cuba or

promote[s] the Cuban

people’s independence.” Full

time means you are busy with

activities congruent with your

reason for being in Cuba (not

tourism).

As people use this category

to justify individual travel,

rules will be interpreted to

determine what is or is not

permissible. Rather than sug-

gest you travel with 500 bats to

give to Cuban baseball teams,

as one cruiser did, I direct you

to Section 740.21 of the Export

Administration Regulations.

Your imagination and creativity

will direct you from there.

You still must have Form

3300, requiring you provide

your qualifying reason for

travel. This is where I see the

rules being enforced. If your

reason isn’t good enough, you

won’t get the 3300.

The other big change

is that Americans will be

prohibited from dealing with

Cuban businesses connected

to the military. This includes

several marinas on the north

coast, including ports of

entry Puerto de Vita in the

northeast, Guillermo (central

north coast) and Marina

Gaviota in Varadero, as well as

several marinas on the south

coast. Other than for the

purposes of clearing in and out

of the country, cruisers may

not do business with these

marinas. Marina Hemingway is

not owned by the military and

is spared. A complete list of

prohibited businesses is found

at s3.amazonaws.com/public-

inspection.federal register.

gov/2017-24449.pdf. This list is

subject to revisions.

According to another char-

ter fi rm, these restrictions “will

change the entire dynamic of

visiting Cuba” for many people.

Other observers and I

anticipate regulations will be

more strictly enforced than

previously. Itineraries will be

more closely reviewed before

travel is approved, and those

returning will have to retain

records of itineraries and

expenses. Unlike previously,

I expect to see these being

reviewed for compliance.

On the bright side, if you do

sail to Cuba, you may still bring

back as much rum and as many

cigars as you wish.

Longtime cruiser Wally Moran is

the host of the annual Sail to the

Sun Rally down the Intracoastal

Waterway. Learn more about the

rally and Wally’s sailing adventures

at his website (bloggingtheicw

.blogspot.com).

Navigating the regulations and forms involved

in sailing your own boat to Cuba can be

mind-bending. Here, a veteran Cuba cruiser

offers his take on the current situation.

BY WALLY MORAN

4 CUBA RULES

The customs dock at Marina Hemingway is a busy place,

but the clearing-in process is relatively simple — a welcome

relief after the red tape that was necessary to get this far.

MARK PILLSBURY