Travelers to Cuba Complain of Fines
By CAROLYN SKORNECK
Associated Press Writer
WASHINGTON (AP) — It was just a daylong trip to Cuba to fulfill
a family duty by spreading his parents' ashes at the church they
founded a half-century ago.
The surprise came on his return to the United States: a $7,500 fine for violating U.S. restrictions on travel to the communist nation.
``During the one full day we spent in Cuba, I scattered part of
their ashes on the grounds of the church in Havana, and another part
at sea,'' said Cevin Allen, 56, of Sammamish, Wash., told a Senate
panel Monday, recalling the 1997 trip that let him ``deal with the
pain of losing my parents.''
But the good feelings from giving them ``a burial I knew they
would have wanted,'' and reuniting with friends from his childhood,
when his parents were missionaries in Cuba, crumbled when he
came home. There, he said, he was confronted by hostile officials
and, two months later, the fine for traveling to Cuba ``illegally.''
Sen. Byron Dorgan, D-N.D., called such travel restrictions ``ill-advised,'' and urged Congress to end them.
``In an attempt to punish Fidel Castro, we are restricting the freedom of the American people,'' Dorgan said.
The limits also hinder Americans' ability to spread U.S. views
on democracy and human rights, said Dorgan, who chaired the hearing
by the Appropriations Committee's treasury and general government
panel.
``Castro has been in office during the terms of 10 U.S. presidents,''
the senator said. ``Maybe it's time for someone to say, 'This isn't
working.'''
President Bush called last July and again last month for stepped-up
enforcement of the embargo and travel restrictions, hoping to
encourage a transition to democracy in Cuba, said R. Richard
Newcomb, director of the Treasury Department's Office of Foreign Assets
Control.
Newcomb said new demands from the war against terror have prevented
his office of 129 people from increasing its seven full-time
employees enforcing the Cuba rules.
Yet the number of fines levied rose from 188 in 2000, the Clinton
administration's last year, to 766 in 2001, the Bush administration's
first year, Dorgan said.
Newcomb estimated that more than 150,000 Americans go to Cuba
each year, with about two-thirds of them getting OFAC's
permission.
James Carragher, State Department coordinator of Cuban affairs,
defended the limits, saying travel to Cuba outside the authority of
the regulations ``can help to prop up a regime which continues
to harass and imprison its people who dare to criticize their
government.''
At the same time, Carragher said, ``Outreach by everyday Americans
to everyday Cubans ... introduces the best of the United States
to the Cuban people, supports the development of civil society
institutions and brings alternative points of view to the island.''
Congress has tried to poke holes in the four-decade-old embargo,
pressed by agriculture and pharmaceutical interests eager to sell
their goods to Cuba.
The House last year endorsed cutting off funds for OFAC's enforcement
of the travel rules, which are actually limits on travel-related
transactions. That endorsement was dropped in a conference with
the Senate, Dorgan said.
The Senate is expected this week to approve an agriculture bill
with a provision to make it easier to sell U.S. farm goods to Cuba by
allowing private financing of the sales.
Dorgan told reporters that he — either alone or with a bipartisan
group of like-minded lawmakers — would push this spring to end the
travel limits. Some Senate leaders privately support the idea,
an aide said.
Marilyn Meister, a 75-year-old retired teacher from Wisconsin,
and John Harriman, a 37-year-old software developer from Chicago,
also ran afoul of the rules. Each got fined $7,500.
Meister said Monday that the Canadian group organizing her bike
trip assured her it was legal for Americans to participate. Harriman,
an avid player of the board game Go, said he was told he could
attend an international Go tournament without worry.
Allen, Meister and Harriman all told Customs agents they had gone
to Cuba. The news was met calmly by the one Harriman
encountered, but those who dealt with Meister and Allen were
furious, they said. Meister said her agent went ``into a rage'' and
made her feel ``like the most horrible of criminals.''
OFAC cannot look the other way, even if it wants to in a case
like Allen's, because of rigid rules in the Trade Sanctions Reform and
Export Enhancement Act of 2000, Newcomb said.
Still, he said, most people are fined only a fraction of the $55,000 maximum.
Allen and his partner, each fined $7,500, settled with OFAC for
$700 total after the Center for Constitutional Rights' Cuba Travel
Docket got involved. Meister and Harriman's $7,500 fines remain
unresolved because OFAC has no administrative law judge, even
though 1998 rules require one.