OFAC Responses

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RESPONSES TO OFAC REQUESTS OR ACCUSATIONS
(OFFICE OF FOREIGN ASSETS CONTROL - U.S. TREASURY DEPT.)
DISCLAIMER: To all readers of this information, including U.S. Government agencies, officials and representatives: Nothing in this website does, nor is intended to, encourage illegal activity of any type whatsoever including illegally spending money in Cuba or violation of any part of the U.S. Embargo against Cuba or any other law by U.S. citizens or others. We believe all information reported here, and all activity within this organization and website, to be within the allowed scope of the law, and all readers are encouraged to validate this for themselves. The purpose of information presented on this website is simply to help people in both Cuba and the U.S.. We hereby assert our claim to all of our U.S. Constitutional Rights including Freedom of Speech.

Did you travel to Cuba without a special OFAC license and now seem to be in trouble with the US Government?

The following information is provided by John Young of Conchord Cayo Hueso in Key West Florida.
You may subscribe to his valuable newsletter "The InCUBAbator" by emailing him at jitters@aol.com or visiting their website at http://www.geocities.com/conchordcayohueso
You can reach them at 305-294-0205 or 0701. PO Box 2326, Key West FL 33045-2326.
If you don't subscribe to his newsletter, but use these letters anyway, please send them a contribution to help them help others.

John Young's group, Conchord Cayo Hueso (CCH), is a membership organization ($50/year) for boaters to take medical supplies and donations to the Cuban People. They do have an export license to do this, but do not have the OFAC travel license for the individual boaters to spend money there. Members from his group come and go all the time to Cuba. This is what he advised his boaters to say to Customs upon return: When questioned by US Customs officials explain the nature of the CCH missions and show your membership card. If they start questioning whether you spent money while you were there, or ask you to fill out a detailed questionnaire on your itinerary and expenditures, politely tell them: "Because of the possibility of criminal prosecution in this matter, I have been advised by my attorney to remain silent". If you ever hear from the government again it would usually be in the form of an inquiry letter seeking further information on your trip. Don't answer the questions. Instead send them the letters printed below.

These are letters John Young says are recommended by the Center for Constitutional Rights and National Lawyers Guild. You sometimes get these letters if you return from a trip to Cuba and did not have a special OFAC Treasury Department travel license and did not qualify under the General provisions of the license (and even if you did qualify under the general provisions you might get these). It is true that the US Administration intentionally tries to intimidate US citizens when these letters are used. Having a definitive response to them is VERY helpful. You are NOT automatically guilty of any type of "crime" unless proven so by due process. Insist on your rights. It is not illegal to travel to Cuba at all - only to spend money there, and many of us believe that even this is unconstitutional. Both of these letters are in Adobe .pdf format to preserve the page formatting. If you don't already have Adobe Acrobat reader on your computer you can get one by clicking the ICON above. Then return here to open your copy of the letters.

Do not lie to a federal official on duty. It's a felony. Simply refuse to answer questions that they might use to implicate you in prosecution.

1. Your Response to an OFAC Letter of "Requirement to Furnish Information"
Fill in the blanks, and once mailed you'll probably never hear from OFAC again.

2. Your Response to an OFAC Letter of "Pre-Penalty Notice"
If you do hear from them again, it would probably be this second letter that says you're being fined. Send them this response back. Remember that being "fined" and "paying a fine" are two different things. You do have to respond to OFAC as necessary.