• He recommends people in the United States, Canada and Europe to
                   visit Cuba, a nation that is not under any threat of violence • U.S.
                   citizens requesting an interview should not be fined under the 30-day
                   pre-penalty notice

                   BY GABRIEL MOLINA

                   PHILIP Agee, director of the only U.S. owned independent travel
                   agency, invited U.S. citizens and other tourists to "take a break from
                   anxiety and tension and come to Cuba," a country "well known for
                   having the safest streets in the western hemisphere."

                   The famous CIA dissident stated that Cuba is under no threat of
                   violence, in reference to the September 11 events that have left the
                   United States, Canada and Europe in a state of fear and anxiety.

                   He calls on prospective U.S., Canadian and European visitors to
                   enjoy the "fabulous beaches, the ideal weather this time of year,
                   Havana’s charm, the warmth and sympathy of the Cuban people...
                   where people walk the streets without fear at any time of day or
                   night. Common sense naturally requires a little discretion, besides, in
                   the main tourist areas, there is always a policeman not far away."
                   Agee recommends flying to Havana with non-U.S. carriers such as
                   Iberia, British Airways and Air France for Europeans; U.S. citizens can
                   fly Mexicana and Air Jamaica via Cancún or Montego Bay or Cubana
                   from Nassau with pre-paid tickets arranged by his agency.

                   Tickets and tourist cards can be picked up at the airports of these
                   gateway cities to Havana. The www.cubalinda.com agency offers
                   packages designed especially for families to take a break from the
                   crisis. Prices range from $150 USD per person for a four day-three
                   night visit, with costs increasing for longer stays.

                   Agee believes that the decision by Continental Airlines to increase
                   flights to 20 a week is "a strong sign of their confidence in the
                   growth of Cuba as a destination for travelers from the United
                   States." He added that this also indicates confidence in Cuba as a
                   safe country for visitors.

                   The author of CIA Diary affirmed that the National Lawyers Guild
                   and the Center for Constitutional Rights, both based in New York,
                   have jointly established the "Wall of Lawyers" to help travelers to
                   Cuba who are contacted by the Treasury Department, where one of
                   two actions is usually taken.

                   1. A "requirement to furnish information" letter to travelers
                   suspected of unlicensed travel to Cuba

                   2. A "pre-penalty notice threatening a fine, frequently reaching
                   $7,500 USD.

                   "Everyone should know that they should refuse to give the
                   self-incriminating information demanded," he explained. In case of
                   receiving the pre-penalty notice, people should exercise their right to
                   ask for a hearing within 30 days after the letter’s date. The National
                   Lawyer Guild has forms prepared in response to whatever letter the
                   Treasury might send concerning unlicensed travel to Cuba; these
                   forms can be accessed at www.cubalinda.com.

                   "The record of the past five years is that after a hearing is requested,
                   the Treasury Department files away the case because no appeals
                   hearings have been held, nor have any judges been appointed to hold
                   such hearings. Up till now, the processing for all such cases has
                   stopped at that stage." Agee also reveals that "each year, tens of
                   thousands of U.S. citizens come to Cuba without licenses" despite
                   laws preventing them from getting to know the fascinating country.

                   Faced with this situation, "lying is an offence. Americans can refuse
                   to answer questions from government agencies or the justice
                   system by citing the Fifth Amendment of the Constitution that
                   guarantees the right to refrain from self-incrimination. Thus one has
                   the legal right to refuse to answer any questions from the
                   Department of the Treasury. If the department tries to impose a fine
                   for visiting Cuba without a license, one has the right to a hearing.

                   "If one requests an hearing within the 30-day allowed period, the
                   case ends." Agee explained that this is because "procedures for
                   hearings" have never been set up....at least until now. So the case
                   has to be filed away with no additional action, and the affected
                   person need not pay any fine.

                   "Several journalists whom I know, including one from AP, have in
                   recent weeks called the Treasury Department Office of Foreign
                   Assets Control (OFAC) spokeswoman Tasia Scolinos, for comment
                   on the number of hearings held for people who receive pre-penalty
                   notices and on the fines upheld against them. She has refused to
                   take the calls and has not returned calls. In other words she is
                   avoiding confirmation that no hearings have been held and that no
                   fines have been imposed when travelers to Cuba without licenses
                   request a hearing within 30 days of the date of the pre-penalty
                   notice," Agee clarifies.

                   When asked if applying the "trading with the enemy act" is a real or
                   virtual declaration of war against Cuba, Agee replies: "Under this law,
                   which dates back to World War 1, the President can prohibit all
                   financial transactions with a country he designates as an ‘enemy.’ Its
                   original purpose was to stop U.S. trade with Germany."

                   He adds that "such a designation is not a declaration of war," which
                   is a decision that "only Congress can make. Nevertheless this law
                   can allow absurd situations such as the designation of Cuba as an
                   ‘enemy’ even though the Pentagon has declared that Cuba is no
                   threat to the security of the United States."