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Old 25-03-2017, 17:46   #1
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US Immigration coming from Cuba...

I thought I would share my recent experience with US Immigration in Key West upon arriving from Cuba.

My boat is foreign flagged, but I am a US citizen and in 18 months since owning my boat this is my first time into US waters. The Immigration officer was professional and firm. He informed me as a US citizen I was in violation of US law for going to Cuba without US Coastguard permission which I was unaware of. I had sailed into Cuba from Grand Cayman and worked my way around to Havana before setting sail for Key West. He scared the crap out of me when he told me the fine was $5,000 per person per day. He did the quick math for me, 4 crew X $5,000 = $20,000 per day fine. Also, unbeknownst to me is the US Coastguard only grants 15 day permits, I was in Cuba for an entire month. I was about to surrender the title to my boat when he told me was only going to give me a warning, but would make a note in their records in case it happens again.

I do hold a dual citizenship and told him I entered Cuba on that passport, but he said that didn't matter since I presented him my US passport. As far as he was concerned I was an American. He told me the foreign flagged boat was OK, but I was not as a US citizen.

There is one issue I'm still confused about. Some of my crew flew into Havana and received US permission to enter Cuba from the airline by filling out a US tourist card. For some reason that did not matter. I suspect the airlines and US Coastguard have different requirements with the Coastguard being more strict.

Lessen learned!
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Old 25-03-2017, 17:50   #2
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Re: US Immigration coming from Cuba...

At least you got off light.
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Old 27-03-2017, 06:11   #3
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Re: US Immigration coming from Cuba...

Once again, the laws on visiting Cuba have not changed. President Obama issued some executive orders that changed the administrative and paperwork processes. That is all. Congress has not changed the laws, and the President cannot change the laws himself.

So, it is still illegal for an American citizen to go to Cuba if it is not for one of the twelve approved reasons. My guess would be that if you had told the immigration official that you were only in Cuba for "humanitarian projects," or for "educational activities," then you would not have had the issues that you did. I also suspect that the form that your crew filled out, to fly into the U.S., probably had them checking off one of those twelve reasons, which is why they did not have any problems.

Anyway, as belizesailor said, you got off pretty light.
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Old 27-03-2017, 07:04   #4
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Re: US Immigration coming from Cuba...

Does CG "Cuban permit" Form 3300 apply to foreign flagged vessels also?
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Old 27-03-2017, 08:01   #5
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Re: US Immigration coming from Cuba...

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Originally Posted by Island Time O25 View Post
Does CG "Cuban permit" Form 3300 apply to foreign flagged vessels also?
It's confusing because all the web sites assume an American will be on a US flagged vessel when traveling to and from Cuba.

Documents Needed to Sail to Cuba
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Old 05-04-2017, 17:22   #6
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Re: US Immigration coming from Cuba...

This is a little off topic, but in contrast to Sailing For Fun's experience, I thought US Customs was a bit of sham. I came into Key West from Havana about 2 weeks ago. I was on the crew list of a 36 ft. yacht that had come in from the Bahamas and had spent about 6 weeks in Cuba. Incidentally, renewed my visa once while in Cuba and was asked to buy health insurance when I renewed (but not at the first port of call in Santiago). There was nothing to it, although I have to say that every port of entry in Cuba had somewhat different interpretations of the rules and procedures. I expected a real iron fist treatment by US customs. We called US customs as advised, the moment we entered Key West. The officer told me (not my captain) to report the following day. The captain dd not have to clear in because he had frequent boater status (not sure what that entails). I went to the office at the appointed time (between 9a.m. and 4p.m.) and was told that the customs people had gone to the airport (It was 3p.m). I was too late to get to the airport at that point, so I went the following day. Nobody asked me why I didn't report the day before. (I was prepared to say that I appeared as instructed but nobody was there). To clear in took exactly 30 seconds. I showed my passport. Nobody looked at my luggage. Nobody ever boarded or looked at the boat. The only thing I was asked was, "did you get your cigars and your rum?" I said that I did, and was not asked about the quantities of either. Quite a ruse compared to SFF's experience. And, well, it does beg the question: Are our borders really secure? Couldn't prove it by me.
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Old 05-04-2017, 18:20   #7
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Re: US Immigration coming from Cuba...

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Originally Posted by BluePeter View Post
This is a little off topic, but in contrast to Sailing For Fun's experience, I thought US Customs was a bit of sham. I came into Key West from Havana about 2 weeks ago. I was on the crew list of a 36 ft. yacht that had come in from the Bahamas and had spent about 6 weeks in Cuba. Incidentally, renewed my visa once while in Cuba and was asked to buy health insurance when I renewed (but not at the first port of call in Santiago). There was nothing to it, although I have to say that every port of entry in Cuba had somewhat different interpretations of the rules and procedures. I expected a real iron fist treatment by US customs. We called US customs as advised, the moment we entered Key West. The officer told me (not my captain) to report the following day. The captain dd not have to clear in because he had frequent boater status (not sure what that entails). I went to the office at the appointed time (between 9a.m. and 4p.m.) and was told that the customs people had gone to the airport (It was 3p.m). I was too late to get to the airport at that point, so I went the following day. Nobody asked me why I didn't report the day before. (I was prepared to say that I appeared as instructed but nobody was there). To clear in took exactly 30 seconds. I showed my passport. Nobody looked at my luggage. Nobody ever boarded or looked at the boat. The only thing I was asked was, "did you get your cigars and your rum?" I said that I did, and was not asked about the quantities of either. Quite a ruse compared to SFF's experience. And, well, it does beg the question: Are our borders really secure? Couldn't prove it by me.
It is impossible to completely seal and protect the US borders. With almost 9000 miles of borders, land and sea how would you mount a 24 hour a day watch over every bit? Even if you watched all the ocean borders it would be impossible to know what every single boat was doing, where it came from, what it might be carrying. On a nice summer weekend just the state of Florida there would be thousands and thousands of boats coming and going. You going to search every one?

Regarding customs. Just suppose you were a smuggler bringing a load of illegal aliens or drugs or whatever into the country. So would you arrive at a port and call customs with a boat load of contraband or would you offload the contraband and then call customs, if you called them at all? Customs for boats is almost pointless in my opinion. Do they think a requirement to check in will cause a criminal to give up the plan to smuggle something or someone in by boat?
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Old 05-04-2017, 18:25   #8
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Re: US Immigration coming from Cuba...

Too bad you didn't use your other citizenship for entering Cuba, and keep it off your passport, if that were possible. I'm wondering also if you left Cuba, then entered either Bahamas or Mexico, then came to US if that would have helped. At any rate, it's pretty stupid and has been for many years.
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Old 05-04-2017, 18:32   #9
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Re: US Immigration coming from Cuba...

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Originally Posted by skipmac View Post
It is impossible to completely seal and protect the US borders. With almost 9000 miles of borders, land and sea how would you mount a 24 hour a day watch over every bit? Even if you watched all the ocean borders it would be impossible to know what every single boat was doing, where it came from, what it might be carrying. On a nice summer weekend just the state of Florida there would be thousands and thousands of boats coming and going. You going to search every one?

Regarding customs. Just suppose you were a smuggler bringing a load of illegal aliens or drugs or whatever into the country. So would you arrive at a port and call customs with a boat load of contraband or would you offload the contraband and then call customs, if you called them at all? Customs for boats is almost pointless in my opinion. Do they think a requirement to check in will cause a criminal to give up the plan to smuggle something or someone in by boat?

Interesting points. Of course, each country needs to know who is coming and going, pretty obviously. So, it's not exactly the honor system, but yes your point about criminals is certainly the case. They aren't going to check in voluntarily with contraband. They will need to check in somehow though, and if they get caught without doing so, well that's the point. You don't really want to get caught inside a country's borders without "permission". The other big reason for many countrie, is silly fees, which certainly add up to some serious money. It seems like many countries could really care less who comes in whether by boat, plane, car, etc. But they do want your money.
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Old 05-04-2017, 19:51   #10
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Re: US Immigration coming from Cuba...

Every time I hear of the hassles US citizens have coming from Cuba, I have to laugh. I also have dual citizenship and most everywhere I travel, I use my Canadian passport. My children and grandchildren go to Havana regularly from Toronto, Canada and are welcomed with open arms. Canadian customs on return to Canada are quite interested in what you might be bringing in but if you are within the limits, no worries.
It truly is a dumb law driven by expat Cubans in Florida, I believe. Phil
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Old 05-04-2017, 21:55   #11
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Re: US Immigration coming from Cuba...

Did you all know that any 'Cuban Born', even after becoming an American Citizen, is not allowed to enter Kuba by private boat? ( Guess they are afraid of being taken over or will smuggle some people out!) Natural born Cubans can only visit Kuba by commercial cruise or commercial flight, whether with American Citizenship or not, for the money they leave there.
Any money that Kuba gets from tourism is mostly used by their regime to further oppress their citizens there by having more militia to enforce communistic laws on their people that may be trying to survive in any type of 'business'; selling any fruits or vegetables they may grow or even making cookies to sell to others, or fixing anything or helping a neighbor for some cash without going through their gubemment rituals.
Yes, it's a very beautiful place for looking at the natural beauty but very sad place to visit if you actually see what goes on there.
It's been almost 60 years of communism and destruction of human souls. This newer generation of Kubans don't have the same culture or ideology as the ones that came originally when Kastro took over. Those old Cubans were the ones that built many businesses and most of Miami into what it is today. The newly indoctrinated ones now, are, unfortunately, to feel sorry for.
Don't spend money there, it will not help the citizens, only the regime. Truly; talk with an old Cuban to learn the way it really was then and what it is today.
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Old 06-04-2017, 04:44   #12
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Re: US Immigration coming from Cuba...

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Did you all know that any 'Cuban Born', even after becoming an American Citizen, is not allowed to enter Kuba by private boat? ( Guess they are afraid of being taken over or will smuggle some people out!) Natural born Cubans can only visit Kuba by commercial cruise or commercial flight, whether with American Citizenship or not, for the money they leave there.
Any money that Kuba gets from tourism is mostly used by their regime to further oppress their citizens there by having more militia to enforce communistic laws on their people that may be trying to survive in any type of 'business'; selling any fruits or vegetables they may grow or even making cookies to sell to others, or fixing anything or helping a neighbor for some cash without going through their gubemment rituals.
Yes, it's a very beautiful place for looking at the natural beauty but very sad place to visit if you actually see what goes on there.
It's been almost 60 years of communism and destruction of human souls. This newer generation of Kubans don't have the same culture or ideology as the ones that came originally when Kastro took over. Those old Cubans were the ones that built many businesses and most of Miami into what it is today. The newly indoctrinated ones now, are, unfortunately, to feel sorry for.
Don't spend money there, it will not help the citizens, only the regime. Truly; talk with an old Cuban to learn the way it really was then and what it is today.
Possibly because one of the last private boats carrying Cubans was carrying Fidel? And he doesnt want to risk a repeat?

Speaking of discussing how it was. I hired a private driver in Cuba in 2001. He grew up during the Batista era when it was really bad for the Cuban people. He did not like Castro, most Cubans dont, but wont say it out loud. He did admit though that it was better under Fidel (not great, but better than Batista...another fine choice by the USA).

Cubans do benefit directly from tourism, if they can get a permit to work in a tourist zone. We befriend two Cuban doctors in two different areas. Each worked on the weekends in a resort. They could earn several times their monthly salary in tips. At the time, the standard government salary was $15...whether you were a garbage collector or a doctor.
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Old 06-04-2017, 05:50   #13
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Re: US Immigration coming from Cuba...

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Originally Posted by slowpoker View Post
This newer generation of Kubans don't have the same culture or ideology as the ones that came originally when Kastro took over. Those old Cubans were the ones that built many businesses and most of Miami into what it is today. The newly indoctrinated ones now, are, unfortunately, to feel sorry for.
Don't spend money there, it will not help the citizens, only the regime. Truly; talk with an old Cuban to learn the way it really was then and what it is today.
Growing up in Miami, I agree that Cuban immigrants, particularly the middle-class that fled communism, really made South Florida including Miami and Tampa. South Florida grew substantially in the 50's and 60's from the sudden influx of educated professionals and business people (and air conditioning, to be honest). But frankly, I don't want to talk to 'old Cuban's' to learn how bitter they feel about being thrown out by a revolution -- I get it that they were caught up on the wrong side of history in the middle of a global conflict.

That said, I have always wondered why the embargo limited me, and if it was really legal. What gives the US Government the right to say where their citizens can travel, or where my boat can dock. The other "prohibited" destinations concern traveler safety (North Korea, Syria, etc.) where US citizens have been detained or injured -- not the issue with Cuba with a active (although comparatively small) tourist industry. This certainly is not about communism - witness decades of trade with China, Vietnam, Russia, etc.. The embargo did not work after 60 years, and it's time to let it go. I think that after a decade of letting McDonald's, Marriott, and SunSail invest in Cuba it will be like Hanoi or Beijing - communist in name only.
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Old 06-04-2017, 09:26   #14
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Re: US Immigration coming from Cuba...

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What gives the US Government the right to say where their citizens can travel, or where my boat can dock.
Pretty simple answer to that question... The Constitution.
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Old 06-04-2017, 11:13   #15
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Re: US Immigration coming from Cuba...

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Pretty simple answer to that question... The Constitution.
IMO it's the other way around - this type of law is DESPITE the Constitution.
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