RL31139
Cuba: U.S. Restrictions on Travel and Legislative Initiatives
October 29, 2001

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Summary

Restrictions on travel to Cuba have been a key component in U.S. efforts to isolate the communist government of Fidel Castro for much of the past 40 years. Over time, there have been numerous changes to the restrictions and for 5 years, from 1977 until 1982, there were no restrictions on travel to Cuba. This report surveys changes to the travel restrictions dating back to the 1960s, summarizes major arguments for and against lifting such restrictions, and tracks legislative initiatives in the 107th Congress to ease restrictions on travel to Cuba. Major arguments made for lifting the Cuba travel ban are it hinders efforts to influence conditions in Cuba and may be aiding Castro by helping restrict the flow of information; it abridges the rights of ordinary Americans; and Americans can travel to other countries with communist or authoritarian governments. Major arguments in opposition to lifting the Cuba travel ban are American tourist travel would support Castro's rule by providing his government with millions of dollars in tourist receipts; there are legal provisions allowing travel to Cuba for humanitarian purposes that are used by thousands of Americans each year; and the President should be free to restrict travel for foreign policy reasons. The 106th Congress tightened Cuba travel restrictions in the FY2001 agricultural appropriations bill (P.L. 106-387, Title IX) by circumscribing the discretion of the Treasury Department's Office of Foreign Assets Control to issue specific travel licenses on a case-by-case basis that do not neatly fit into categories set forth in the Cuban Assets Control Regulations (CACR). In the first session of the 107th Congress, the House voted, in H.R. 2590, the FY2002 Treasury Department appropriation bill, to prohibit Treasury Department funds from being used to administer or enforce the CACR with respect to any travel or travel-related transaction. The Senate version of the bill, however, did not include the Cuba provision, and the House-Senate conference report on the bill (H.Rept. 107-253) did not include the provision. Numerous other initiatives have been introduced to ease, or eliminate altogether, restrictions on travel to Cuba. Whether such initiatives will move forward in the second session of the 107th Congress is uncertain given the change in congressional priorities after the September 11 attacks on Washington and New York. This report will be updated to reflect legislative or other major developments. For additional information on Cuba, including a listing and discussion of legislative initiatives in the 107th Congress, see CRS Report RL30806, Cuba: Issues for Congress. For a comparison of countries for which the U.S. Government also maintains travel restrictions ­ Cuba, Iraq, Libya, and North Korea ­ see CRS Report RS21003, Travel Restrictions: U.S. Government Limits on American Citizens' Travel Abroad, by Susan Epstein and Dianne Rennack.

    Related Legislation:
  • H.R.2590
  • S.2100

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