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Old 26-03-2012, 16:49   #16
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Re: Cuba - Warning non-American boats

Helms-Burton Act:

Vessels (including foreign flagged vessels) which were seen docked in Cuban ports were prohibited from docking in United States ports within six months
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Old 26-03-2012, 17:07   #17
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Re: Cuba - Warning non-American boats

Yeah... at this point the embargo is BS. We would have "won the war" with Cuba by dropping that a long time ago. By opening the doors to China we have essentially made it a Capitalist society! Unfortunately, the ex-cuban hotheads in Fl still donate a crap load of money to the political campaigns....
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Old 26-03-2012, 17:09   #18
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Re: Cuba - Warning non-American boats

Quote:
Originally Posted by ice View Post
Helms-Burton Act:

Vessels (including foreign flagged vessels) which were seen docked in Cuban ports were prohibited from docking in United States ports within six months
Can't find it in the 1996 Helms Burton Act.

I did find something in the 1992 Cuban Democracy Act, page 6

http://www.treasury.gov/resource-cen...uments/cda.pdf

Quote:
(b) Prohibitions on vessels.
(1) Vessels engaging in trade. Beginning on the 61st day after the date of the enactment of this Act [enacted Oct. 23, 1992], a vessel which enters a port or place in Cuba to engage in the trade of goods or services may not, within 180 days after departure from such port or place in Cuba, load or unload any freight at any place in the United States, except pursuant to a license issued by the Secretary of the Treasury.
(2) Vessels carrying goods or passengers to or from Cuba. Except as specifically authorized by the Secretary of the Treasury, a vessel carrying goods or passengers to or from Cuba or carrying goods in which Cuba or a Cuban national has any interest may not enter a United States port.
(3) Inapplicability of ship stores general license. No commodities which may be exported under a general license described in section 771.9 of title 15, Code of Federal Regulations, as in effect on May 1, 1992, may be exported under a general license to any vessel carrying goods or passengers to or from Cuba or carrying goods in which Cuba or a Cuban national has an interest.
(4) Definitions. As used in this subsection--
(A) the term "vessel" includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft;
.....
I am still not sure this covers foreign, recreational, vessels, not trading and not carrying passengers, etc....

Dirk
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Old 26-03-2012, 17:19   #19
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Re: Cuba - Warning non-American boats

Feb 8 2012 article in Havana Times

"Vessels that dock in Cuban ports are prohibited from entering the US for 180 days."

It does in theory apply to ALL vessels including "pleasure vessels". The superyachts are careful about it.

Wiki said it was from the Helms-Burton Act Title III, but this does suggest its originally from the CDA text instead as you suggest.
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Old 26-03-2012, 17:26   #20
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Re: Cuba - Warning non-American boats

Quote:
Originally Posted by Cheechako View Post
Yeah... at this point the embargo is BS. We would have "won the war" with Cuba by dropping that a long time ago. By opening the doors to China we have essentially made it a Capitalist society! Unfortunately, the ex-cuban hotheads in Fl still donate a crap load of money to the political campaigns....
I work with one of those hotheads. They have their reasons to be hot, IE losing everything that they owned, and having their families shot in front of them. Still no apologies from the Castro's, still no attempt to free political prisoners, and return stolen property....... And 60 years of embargo still hasn't made any affect.

Just be aware that as the political climate waxes and wanes, you may experience more official difficulties returning to the US from this beautiful island nation than other times.
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Old 26-03-2012, 17:27   #21
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Re: Cuba - Warning non-American boats

Quote:
Originally Posted by ice View Post
Feb 8 2012 article in Havana Times
that's like listening to Fox Noise. I would really like to see valid references.
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Old 26-03-2012, 17:28   #22
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Re: Cuba - Warning non-American boats

Quote:
Originally Posted by LeaseOnLife View Post
Can't find it in the 1996 Helms Burton Act.

I did find something in the 1992 Cuban Democracy Act, page 6

http://www.treasury.gov/resource-cen...uments/cda.pdf

I am still not sure this covers foreign, recreational, vessels, not trading and not carrying passengers, etc....

Dirk
Unfortunately "Cuban goods" includes ANY produce or object from Cuba, cigar, rum, hat, food, etc....
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Old 26-03-2012, 17:43   #23
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Re: Cuba - Warning non-American boats

Quote:
Originally Posted by LeaseOnLife View Post
that's like listening to Fox Noise. I would really like to see valid references.
Is the US Treasury a valid enough reference for you? On this issue at least, both they and Havana agree on what the US law is.

http://www.treasury.gov/resource-cen...ments/cuba.pdf

That is the current core document summarizing US law with respect to interactions with cuba. Note that engaging in trade has been defined by the treasury as any monetary transaction at all.
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Old 26-03-2012, 17:50   #24
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Re: Cuba - Warning non-American boats

Quote:
Originally Posted by ice View Post
Is the US Treasury a valid enough reference for you? On this issue at least, both they and Havana agree on what the US law is.
Sure, thanks


Quote:
Note that engaging in trade has been defined by the treasury as any monetary transaction at all.
This statement needs a bit of a backup, I thought it was a restriction to spend US dollars.

Cheers

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Old 26-03-2012, 17:54   #25
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Re: Cuba - Warning non-American boats

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Originally Posted by LeaseOnLife View Post
Sure, thanks



This statement needs a bit of a backup, I thought it was a restriction to spend US dollars.

Cheers

Dirk
That is a different restriction - related to US citizens - but even there, US citizens are not allowed to spend say euros in Cuba. On this thread we are talking about a restriction on foreign flagged vessels.
I don't see any need to prove this to you.
If you are interested you can find all documentation here.
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Old 26-03-2012, 17:54   #26
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Re: Cuba - Warning non-American boats

So its visit Cuba or the US? i know where i'm going, but each to their own..
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Old 26-03-2012, 18:06   #27
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Re: Cuba - Warning non-American boats

Quote:
Originally Posted by ice View Post
That is a different restriction - related to US citizens - but even there, US citizens are not allowed to spend say euros in Cuba. On this thread we are talking about a restriction on foreign flagged vessels.
I don't see any need to prove this to you.
If you are interested you can find all documentation here.
Well, pointing to a library and say it is in there, thanks, I guess...

The webpage-link states in the first paragraph:
Quote:
To whom do these sanctions regulations apply?
All U.S. citizens and permanent residents wherever they are located, all people and organizations physically in the United States, and all branches and subsidiaries of U.S. organizations throughout the world.
Does this include the Canadian, coming from Cuba, wanting to sail home?
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Old 26-03-2012, 18:40   #28
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Re: Cuba - Warning non-American boats

If anyone wants the facts on travel to Cuba look here: http://www.treasury.gov/resource-cen...ments/cuba.pdf
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Old 26-03-2012, 18:41   #29
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Re: Cuba - Warning non-American boats

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Originally Posted by LeaseOnLife View Post
Well, pointing to a library and say it is in there, thanks, I guess...

There are a lot of regulations. They are complicated. If you want to understand them in detail you will simply have to do some work. Sorry about that, but that's just the way it is. Not all of life is delivered to you on a plate already sliced into bite size pieces!

Does this include the Canadian, coming from Cuba, wanting to sail home? ?

If you even read the very first paragraph of the first summary document I linked to above you would find:

"The Cuban Assets Control Regulations, 31 CFR Part 515 (the "Regulations"), were issued by the U.S. Government on July 8, 1963, under the Trading With the Enemy Act in response to certain hostile actions by the Cuban Government. They apply to all persons (individuals and entities) subject to U.S. jurisdiction – including all U.S. citizens and permanent residents wherever located, all persons in the United States, and all branches and subsidiaries of U.S. organizations throughout the world – as well as all persons engaging in transactions that involve property in or otherwise subject to the jurisdiction of the United States. "

And so yes, that does happen to apply to Canadians in US waters after visiting Cuba.

And if you read even a little further down you would see:

"
The Regulations prohibit any person subject to U.S. jurisdiction from dealing in any property in which Cuba or a Cuban national has or has had any interest. Under the Regulations, "property" is very broadly defined and includes such things as contracts and services.
For example, unless authorized, persons subject to U.S. jurisdiction (including U.S. overseas subsidiaries) may not purchase Cuban cigars in third countries; may not sign a contract with a foreign firm if the contract terms include Cuba-related provisions, even if those provisions are contingent upon the lifting of the embargo; and may not provide accounting, marketing, sales, or insurance services . . . .
"

Which forbids essentially any commerical transaction in any currency, not just in US $.
......
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Old 26-03-2012, 18:41   #30
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Re: Cuba - Warning non-American boats

All persons onboard vessels that travel to Cuba, including the vessel operator, crew, and passengers, must be authorized by OFAC. Vessels carrying passengers to or from Cuba (including from or to a third country) are prohibited from entering a U.S. port with such passengers on board without authorization from OFAC. Please see § 515.207(b) of the Regulations. Vessels traveling to Cuba are also subject to regulations implemented by the Department of Commerce and the United States Coast Guard. Please see 15 CFR Parts 730 et seq. and 33 CFR § 107.200 et seq., respectively, for more information.
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