MSNBC
September 7, 1998
 
‘Don’t come to Cuba’
 
                           Embargo-breaking tourists are getting busted, official says
 

 
                          By Mary Murray
                          NBC NEWS
 
                          HAVANA, Sept. 7 — Thinking about flouting the law
                          and traveling to Cuba on the sly? Michael
                          Kozak, chief of the American Mission in Cuba,
                          says it’ll be riskier than you think. He explains
                          why in an interview.

                         Q: What’s your estimate of the number of Americans
                         who are traveling to Cuba without licenses?
                                A: We don’t really have a good estimate. The Cubans’
                         side claims in the 70,000 to 80,000 range. I think it’s quite
                         a bit lower than that, but because it’s illegal travel, we aren’t
                         able to measure it now.
                                Q: I heard the statistic this week that 125,000
                         Americans are going to be coming here this year
                         without licenses.
                                A: I think that’s very high. That’s much higher than the
                         Cuban side even claims.
                                 Q: This was a Havana travel agent. What’s your
                         sense of why they’re coming?
                                A: Well, it depends. First, you have a lot of people
                         who are coming who are here legitimately. The embargo
                         regulations permit people who have family here to come
                         visit them once a year in cases of humanitarian need. We
                         have a lot of people who are subject to general license —
                         journalists being one of them — who can come here
                         regularly. We also grant a lot of licenses for exchange
                         programs — academic exchanges, humanitarian, religious
                         exchanges, and that sort of thing. Trying to build
                         people-to-people contact, which is part of our policy.
                                Q: And the number of licensed people this year?
                                A: In the hundreds. I think last year, we took about
                         3,000 Cubans in the other direction in that category as well.
                         I think it’s more or less equivalent on both sides. So those
                         are the legal ones. Now, the illegal ones — from what I’ve
                         been able to observe myself, it’s mostly people who are
                         being told that this is some kind of a neat adventurous
                         vacation and they run no risk by coming here. So I think
                         you find two kinds of people. One is people who think it
                         will be a neat vacation, a forbidden spot and they’re being
                         told there’s no real risk of getting into trouble, which is not
                         correct. The other are sex tourists — and I have to say,
                         unfortunately, the Americans who come here are not above
                         what the other tourists here do. The Cubans exploit the
                         young men and women, or girls and boys really, in this
                         country quite heavily to attract tourists — and so that’s part
                         of it.
                                Q: What are they risking?
                                A: There’s various penalties for violations of the
                         embargo. For many years — and one reason this idea that
                         there wasn’t much in the way of prosecution got going —
                         the only penalties were criminal penalties. Under the Trading
                         With the Enemy Act, which is the parent to the embargo
                         regulations, you can go to jail for 10 years, and individuals
                         can be fined up to $250,000. But, as with most criminal
                         prosecutions, that’s a serious endeavor for a prosecutor to
                         bring cases like that, so they tended to concentrate on the
                         big violators rather than the small ones.
                                However, what people should know is that the law was
                         changed in the 1992 Cuban Democracy Act, and the
                         Treasury Department was given authority to impose civil
                         penalties as well as these criminal penalties. In these cases,
                         it’s much easier. The Treasury Department simply has to
                         advise someone that they have reason to believe that they
                         violated the embargo and if they can’t show causes as to
                         why they shouldn’t be fined, they can be slapped with a fine
                         up to $50,000 for each violation.
                                In fact, that has been utilized over the past three years.
                         The Treasury has collected $1.7 million in fines. I think there
                         were 300-and-some-odd cases, if I recall correctly, of
                         people being penalized for this kind of violation.
                                Just recently, there’s been a further change which again
                         makes it easier to enforce. In order, the violation is not
                         travel to Cuba per se. It’s engaging in financial transactions,
                         and one of the efforts people would make before would be
                         to say, “I went there but I never spent any money,” even
                         though you have to show that you spent money on the plane
                         ticket. Now there’s been a change in the regulations to
                         create a presumption that if you went to Cuba, you did
                         spend money. You have a right to try and show the
                         administrative judge that you didn’t spend money, but the
                         burden is now on the individual to show that he or she
                         didn’t. And so again that will make it easier for the Treasury
                         to impose fines and otherwise to deter people from
                         breaking the law in this respect.
                                In fact, today in Miami, my deputy is up there. There’s
                         a meeting of officials from the Treasury Department, State
                         Department, and law-enforcement agencies on how to
                         improve enforcement of the embargo.
                                So it’s a serious business, and I know from riding the
                         planes back here myself, a lot of these people who are
                         coming are really being lured into it by travel agents who are
                         telling them, “Oh, there’s really no embargo. It’s no big
                         deal. Nobody ever gets prosecuted. That’s just fiction. We
                         assure you that you can go to Cuba and nothing will ever
                         come of it. You can have this great vacation.”
                                Well, something does come out of it. And a number of
                         people have been hammered by the law-enforcement
                         authorities for doing this. So people shouldn’t believe that
                         propaganda. That may make the travel provider rich, but
                         it’s not good for the individual.
                                Q: You spoke about 300 cases of people being
                         penalized for embargo violations. Were they all
                         Americans who came here specifically as tourists —
                         breaking the travel ban?
                                A. That’s a gross figure for embargo violations, even
                         including travel ban. And I think probably most of them
                         relate to that. In fact, of the criminal cases, in the last three
                         years, there have been nine criminal cases. And it rose to
                         that level. Not just these civil penalties I was talking about.
                         And two people were convicted there for bans that related
                         to travel violations. So it’s not something that’s risk-free, by
                         any means.
                                Q: Among these Americans that we’ve been
                         interviewing, no one has anything stamped in their
                         passport. They have these loose visas. Cuban
                         immigration has loosened its own red tape to facilitate
                         the Americans coming in.
                                A: Cuban immigration has done that for years where
                         they don’t put the stamp in the visa to try to hide the
                         evidence of it. Obviously, that’s why we don’t know every
                         last number of persons who come here. There are only a
                         few flights in and out of Cuba and people can get a fairly
                         good idea. I must say too, if you come through a third
                         country, which is how people do it, and then lie on your
                         customs declaration, that’s another violation. You’re
                         supposed to put on there all the countries you visited during
                         your visit and if you don’t, and somebody has observed
                         that, when you went to Jamaica or Cancun, you got off the
                         plane from Havana before you took the flight to the U.S.,
                         you can get in trouble there.
                                Yes, the Cuban authorities try to make it easier for
                         people to violate the law, but they are not entirely
                         successful.
                                Q: What’s the purpose of the travel ban? How do
                         you explain it?
                                A: It’s part of the overall economic sanctions that we
                         have against Cuba, and have had for years. Essentially this
                         is that the U.S. has exercised its right not to have any kind
                         of trade or commercial transactions with the Cuban
                         government. Tourism is part of that. It’s one of the big
                         money-maker industries here, so trying to keep people from
                         traveling as tourists is certainly part of the economic
                         sanction — to keep the government from benefiting.
                                Why do we have that sanction? Perhaps the tourism
                         area is a good example. You have essentially tourist
                         apartheid here. People can come as tourists, so that the
                         Cuban government, the Castro government, can take their
                         money, but they really aren’t allowed to have much contact
                         with Cuban people. We don’t allow investment for the same
                         reason. And I think, at the very least, when this is all over
                         and people look back, they’re going to say, “When I was
                         kept out of a hotel because I was a Cuban” — which is the
                         case in all of these fancy hotels here; you can’t go in there if
                         you’re a Cuban — it wasn’t a U.S. company that kept me
                         out.” It was a German company, or a Spanish company, or
                         a Canadian company, or any of the others who trade here.
                         They have their name over the door.
                                Second, if you’re a Cuban worker working in this
                         industry, the foreign company may hire you. They’re paying
                         the state $400 or $500 a month for your services. You’re
                         probably getting paid the equivalent of $10 a month. So, it’s
                         a real exploitation of the Cuban labor.
                                And then, as I mentioned, a lot of this tourism involves
                         sex tourism, exploiting the young children here that are just
                         so desperate for money they’ll do anything.
                                We think, as a national policy, that it’s better for the
                         United States to disassociate itself from that — not to
                         contribute to those kinds of activities. Other countries have
                         different views. We respect their views. But, that’s our
                         policy and that’s what the law is intended to enforce.
                                Q: To go back to the history: The travel embargo
                         went into effect a good 40 years ago, almost, before
                         you had foreign investment in hotels or before you had
                         the prostitution problem, before there was exploitation
                         of Cuban labor.
                                A: It was part of an overall ban on commercial
                         transactions. In fact, at one time, this was a multilateral
                         embargo. It was the Organization of American States that
                         had put both the diplomatic and economic sanctions on
                         Cuba for its intervention — actually, in a particular case in
                         Venezuela where they were trying to overthrow the
                         democratic government. They now admit that, by the way.
                         They bragged on it recently.
                                But the United States — even after others gave up the
                         idea of maintaining economic sanctions, we’ve maintained
                         them. And, as I say, the ban on financial transactions related
                         to travel is part of an overall ban on any kind of financial
                         transaction with the Cuban government. The basic rule is no
                         financial transactions. There are exceptions that allow for
                         the travel of journalists, for example, for the travel of
                         academic exchanges, for the travel of art exchanges, music
                         exchanges and other things of that nature that we think are
                         beneficial, that aren’t contributing to these bad aspects of
                         the regime but are trying to bring the American and Cuban
                         people closer.
                                Those can be done, but they have to be done within the
                         law. Doing it by going to a sleazy travel provider who’s
                         running some kind of a shop across the border to evade the
                         U.S. law — whatever one thinks of the embargo, it’s not a
                         good idea in terms of one’s personal safety, because you
                         can get hit pretty hard for penalties.
                                Q: On the bigger question, do you think by
                         generally having this travel ban and by generally
                         stopping most Americans from coming to Cuba —
                         there are some coming, but it generally stops
                         American tourism to Cuba — do you think it actually
                         stops a substantial amount of American tourist dollars
                         going to the Cuban government?
                                A: Yes. Cuba was the major center for tourism in the
                         Caribbean before the Cuban Revolution. I think it probably
                         will be again whenever Cuba opens up. And the biggest
                         customers for that market are Americans. But as long as
                         we’ve got a government that’s denying its people
                         fundamental freedoms and engaging in this kind of activity,
                         the policy has been that we’re not going to contribute to
                         that. And so that’s why we’re saying, “Spend your tourist
                         dollars someplace else and not in Cuba.”
                                Q: In a lot of the interviews we’ve been doing with
                         Americans, we find that a lot of them are Vietnam vets
                         or these people who are travel fiends, who have gone
                         around the world two times or three times and that’s
                         how they spend their time. And they almost have a
                         philosophical view on what they view as their right to
                         be able to travel to Cuba. In some ways, the policy
                         goes up against a real philosophical tenet of American
                         democracy.
                                A: American democracy. We have a constitutional
                         right to travel. The Supreme Court’s been clear that you
                         can’t stop people from traveling to any place that they want
                         to go. However, we don’t have a constitutional obligation to
                         uphold the Cuban tourist industry. It’s a difference between
                         saying if someone has a reason to travel for furthering views
                         between countries and so on, like a journalist would — they
                         can travel. There’s exceptions in the law for that. But to
                         come down just to contribute to the tourist industry of Cuba
                         or to invest — that’s another reason to travel, to invest
                         money — the courts have never held that the right to travel
                         includes the right to engage in every kind of financial
                         transaction.
                                So, sure, effectively it does mean that you cannot travel
                         to Cuba as a tourist. But there are a lot of people who have
                         an interest in learning more about Cuban society and so on
                         who hook up with a serious academic study group and
                         come here for that purpose. Where the amount they’re
                         spending is fairly minimal. They’re spending most of their
                         time doing some studying of what’s going on, that’s a
                         completely different thing than spending your weekend up at
                         Varadero. In many ways, you’re not even going to Cuba
                         when you go to these tourist enclaves. We go there to get
                         out of Cuba. It’s what the people here, the Cubans, call
                         tourist apartheid. They’re just tucked away. So it’s not even
                         a great way to see Cuba, to see the real Cuba.
                                Q: A lot of those people end up here because
                         they’ve lost passports or they’ve been mugged and
                         they come to the U.S.-interests section for help.
                                A: And that’s our obligation. We’re obligated to help
                         them by issuing a new passport if they’ve lost their passport.
                         Otherwise, they can’t get back into the country, if they get
                         in trouble with the Cuban authorities. And that, by the way,
                         is another thing that happens. We’ve got Americans here in
                         jail and we can’t get them out of jail. If they’re not born in
                         Cuba, we have an ability to go in and visit them and do the
                         kind of normal consular work we would somewhere else.
                         One of the problems here, frankly, is that if you were born
                         in Cuba — if you’re a Cuban American — the Cubans treat
                         you as a Cuban and they won’t let us have consular access,
                         even though we consider that a violation of international law.
                         But when people get in trouble, we help them, but that
                         doesn’t mean we ignore the fact that they were here. The
                         fact that they got their visa re-issued in Havana or something
                         does appear and the Treasury Department can use that to
                         enforce the embargo.
                                Q: I brought in a man in his 90s who got mugged
                         and lost his passport. He was here totally illegally, and
                         I met him in a hotel by accident and facilitated
                         bringing him over here. And nothing ever happened to
                         him — except that they helped him here and got him a
                         new passport.
                                A: Well, you know the Treasury Department can’t
                         prosecute every case, can’t fine every case. It’s going to be
                         easier for them now because there’s this presumption that, if
                         you were here, you did spend money — which is really a
                         pretty reasonable presumption. Before, they didn’t have
                         that. They had to have some further indication that one had
                         spent money here. But I would say we do have this duty.
                         We provide assistance to Americans who get arrested
                         overseas, even if they are arrested for perfectly legitimate
                         reasons. We have people in jail here who hijacked
                         airplanes, who were drug dealers and so on. And we go in
                         and we provide consular services. That doesn’t mean we
                         approved of what they were doing. It’s not an inconsistency
                         in our overall policy. That we have a heart as far as
                         protecting people’s individual rights and so on.
                                At the same time, they are going to suffer the
                         consequences of violating the law, whether it’s the foreign
                         law or our own. And you can do both things.
                                Q: What’s your advice to these people?
                                A: Don’t come. Or if you’re interested in seeing Cuba
                         and you have some real academic interest in it or interest in
                         promoting artistic exchanges or something, apply to the
                         Treasury Department. Find out how you can get a license
                         so that you can come legally. But if you’re just a tourist who
                         wants to come and have a good time at the beach, go
                         someplace else. Don’t come to Cuba. It’s against the law.