girldanceFreedom to Travel Campaign Cuba
traveling to CubaAttacks on Our FreedomResources
Defending Our RightsCuban AmericansTravel Flight History

 

Attacks on Our Rights

Travel Restrictions

Legal Sanctions

"Why should everybody else be able to go to Cuba and not Americans? Why can we go to China and Vietnam, but not Cuba? The whole thing's a joke. "It's ridiculous, for a free country to control the right of Americans to travel. All I say is, give us our freedom to travel or quit saying this is the most free country in the world," - Dan Snow, Texan convicted for leading fishing trips to Cuba.

photo

Right to Travel to Cuba > Attacks on Our Rights > Legal Sanctions

Legal Sanctions

Update on Legal Sanctions by OFAC against travelers to Cuba - June 2006

It appears that the government is not in a rush to hear the cases of people they consider to have violated the restrictions on travel to Cuba. Enforcement may be selective, but it is always best to obtain legal counsel if you receive a letter from OFAC.

There are currently only three administrative law judges (ALJ's) assigned to hear cases of people who have been charged with violating the sanctions despite the backlog of cases:


  • Judge Zielinksi of the Federal Mine Safety Commission has one case.

  • Judge Washington of the Social Security Administration had most of the cases, but will soon be leaving his position and will no longer hear OFAC cases

  • Judge Shipe, of the Office of Financial Adjudication, may be taking over Judge Washington's cases.


In November 2005, the Treasury Department appointed Dan Iannicola to hear appeals from the decisions of the ALJs. A Treasury spokeswoman said that Iannicola has begun to review cases, but there is no timeline for when he will make decisions.

As of June 2006, approximately 25 cases were waiting to be heard. Only one case has been to trial in 2006. The trial occurred in March, and the ALJ's decision is still pending. No cases are currently scheduled for trial.