A form letter (provided by the National Lawyers Guild) is available on the “Resources and Links” page on this site. If you receive a “Pre-penalty Notice,” write back and request an official agency hearing. FEW HEARINGS ARE EVER HELD, and more than likely your case will be shelved indefinitely. OFAC may send you a follow-up letter offering to settle your case for a reduced fine (usually in the $1,500—$2,500 range). Reply to this offer with the same arguments you used in your previous letters to them. The Center for Constitutional Rights in New York has an excellent booklet that offers tips on how to protect yourself and your rights if you travel to Cuba. The booklet also presents a number of possible scenarios of the legal consequences of your illicit journey. You can download the booklet at www.ccrjustice.org. Although the CCR no longer accepts Cuba travel clients for direct representation, the Center can help you find an individual attorney if you feel the need for an ally to assist you through the legal proceedings.
What will happen if a U.S. immigration or customs officer determines I visited Cuba illegally?
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Excerpted from Cuba Information Manual: The Definitive Guide to Legal and Illegal Travel to Cuba by Michael Bellows. For details
on how to purchase a copy of this book, click on the "Cuba Information Manual" menu item on the Homepage of this website.
