Story and Photos by Lewis McCool
Cortez Journal managing editor

Travel by United States citizens to Cuba was first restricted in 1963. The Cuban travel ban is unique. U.S. citizens are free to travel to other communist and totalitarian countries, including China and North Korea, regardless of human-rights concerns.

The ban was lifted by President Jimmy Carter in 1977. His successor, Ronald Reagan, reimposed it 1982. Though slightly modified during the Clinton years, the restrictions remain in effect today and recently were tightened by President George W. Bush.

In a speech in Miami on March 19, the president's chief political adviser, Karl Rove, said the administration would employ "new and creative ways" to restrict travel, to block money bound for Cuba and to punish companies doing business with Cuba.

According to a report in the Miami Herald, Rove was seated with state Rep. David Rivera, a Cuban-American. Rivera and several other Florida lawmakers had warned the president in a letter that he could lose Cuban-American votes unless he got tough with Castro.

Tourism is verboten, although the government does allow some exceptions.

According to the State Department, those allowed to travel to Cuba include:

• U.S. and foreign government officials traveling on official business.

• Journalists regularly employed by a news reporting organization.

• Persons making a once-a-year visit to close family relatives in circumstances of humanitarian need.

• Full-time professionals whose travel is directly related to research, provided that the research: (1) is of a noncommercial academic nature; (2) comprises a full work schedule in Cuba, and (3) has a substantial likelihood of public dissemination.

• Full-time professionals attending professional meetings or conferences organized by an international professional organization, institution or association that regularly sponsors such meetings or conferences in other countries.

• Amateur or semi-professional athletes or teams participating in an athletic competition under the auspices of the relevant international sports federation.

In addition, the Department of the Treasury may authorize travel on a case-by-case basis for transactions related to licensed exports. The agency also will consider requests for humanitarian travel not covered by the general license, educational exchanges and religious activities by individuals or groups affiliated with a religious organization.

Because the primary stated intent of the travel ban is to keep money out of Cuban hands, the U.S. government states that unlicensed people can travel to Cuba without violating the regulations "only if all Cuba-related expenses are covered by a person not subject to U.S. jurisdiction and provided that the traveler does not provide any service to Cuba or a Cuban national. Such travel is called 'fully-hosted' travel. Such travel may not be made on a Cuban carrier or aboard a direct flight between the United States and Cuba."

A State Department fact sheet, dated July 24, 2003, specifies several "unintended effects of American tourism":

• Strengthen the state enterprises because the money would flow into the businesses owned by the Cuban government.

• Lead to greater repression and control since Castro … would fear that U.S. influence would subvert the revolution and weaken the Communist Party's hold on the Cuban people.

• Delay instead of accelerate a transition to democracy in Cuba.

• Guarantee the continuation of the current totalitarian structure.

• Send the wrong message to the enemies of the United States … (that) eventually, the United States will "forgive and forget" (the seizure of American assets).

Last October the Bush administration promised a crackdown on travel violations, promising "greater enforcement to make more certain that permitted travel is not abused and used as cover for illegal business travel, to skirt restrictions on carrying cash into Cuba, or tourism."

Bush told enforcement agencies to "increase inspections of travelers and shipments to and from Cuba and target those who illegally travel to Cuba via third countries or on private vessels."

"Illegal tourism perpetuates the misery of the Cuban people," Bush said.

In a speech in Miami last October, Roger Noriega, assistant secretary of state for Western Hemisphere affairs, said, "Rather than give a $1 billion windfall that would be generated by U.S. tourist travel, we will save those resources for the day when they will go to the Cuban people, not their jailer."

In 1958, the U.S. Supreme Court ruled that citizens have the constitutional right to travel under the "due process" clause of the Fifth Amendment. However, in 1984, the justices ruled, in a 5-4 vote, that the president could restrict travel for national security reasons. In 1996, the 9th Circuit Court of Appeals ruled that the federal government could restrict travel whenever "appropriate" in conducting foreign policy.

Last fall on an amendment to an appropriations bill, the U.S. Senate voted 59 to 36 and the House votes 227 to 188 to suspend enforcement of the travel restrictions. However, threatened with a presidential veto, congressional leaders removed the amendment before submitting the bill to President Bush.

Several bills are pending in Congress that would ease or end the travel ban. Should any pass, Bush has vowed to veto them.