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----- Original Message -----
Sent: Friday, January 11, 2002 10:04 PM
Subject: [CubaNews] Cuba Licensing - The Real Story

From: <[EMAIL PROTECTED]>
Sent: Friday, January 11, 2002 6:00 PM
Subject: USCSCA: CUBA LICENSING /THE REAL STORY


THIS IS VERY IMPORTANT: PLEASE READ
AND PARTICIPATE: MUCH IS AT STAKE! URGENT!

Folks:

Senator Byron Dorgan (ND) is scheduling hearings to investigate OFAC (the
office within the Treasury Department that both grants travel licenses to
Cuba and sends out fines to those who are caught traveling illegally) and its
administration of travel regulations on January 29th, (less than two weeks
away!) in response to widespread inconsistencies along with massive
'irregularities' and a recent trend of alarming license denials, or
non-response to applications and inquiries which have been reported in
licensing procedures for travel to Cuba. It appears OFAC (Office of Foreign
Asset Control) is taking 'creative license' in its interpretation of the
regulations in their issuance/conditioning/refusal of licenses. 

Reflecting constituent pressure, there is an also strong and growing movement
in Congress to redress this issue, or to scrap travel restriction altogether.
In two recent votes, congress voted to withhold the use of public money in
the prosecution of any U.S. citizen who traveled to Cuba unlicensed and
suffered harassment or penalty fines by OFAC as a misuse of public funds.

In order for Senator Dorgan to conduct these hearings, he needs factual
information on people's experiences with trying to get a travel license from
OFAC. We need to demonstrate the variety of requests, and the variety of
responses given by different individuals to similar requests by OFAC
personnel to show how arbitrary these determinations actually are. 

Therefore, we need you to fill out the following questionnaire and return it
to Senator Dorgan's aides Brian Moran ([EMAIL PROTECTED]) AND Ian
Woodward ([EMAIL PROTECTED]) as soon as possible, as these
hearings are scheduled to commence January 29th, and they needs time to
process them into data.

The questions reflect the basic type of data we are seeking, preferably with
as much detail as possible -- verbal follow-up, conversations, etc., and
especially about exactly what the license request is for.  It would help if
we could get copies of the license request and any correspondence received
from OFAC in time for the hearings. You are invited to submit written
testimony to be entered into the record.

If possible, we ask you to copy them to [EMAIL PROTECTED] to make sure we also
have a database which we can use to begin to make sure that OFAC is not
impeding what should qualify as legitimate travel.  Our copies will be kept
confidential and only shared with the legal team investigating this issue.

For people who have traveled without licenses and would like to report their
adventures with enforcement, we need that testimony also. Your name will not
be used without your full permission, but your story is part of what must be
told for Congress to understand the nuances of this policy and its affect on
ordinary people, in real life.

Given Bush's recess appointment of Otto Reich, that circumvented
congressional approval, to the top State Department post for Western Hemispher
ic Affairs and the ultra-hardline stance he has on the maintaining the
embargo, it is particularly important get a lot of individuals and
organizations to sign the petition to Congress on ending the travel ban, to
write their congressional reps. and to give testimony about their licensing
process/ or letters from OFAC: fines levied, etc.

Finally, I also want to give you all the link to an International Policy
Report that Wayne Smith recently updated on the legal and historical
particulars of the travel ban, which may be of interest to you all as well.
That report is at:           

http://www.ciponline.org/cuba/ipr/TravelBan.htm .

For us, much is at stake, as hearings without factual information
on the depth of how difficult it is to navigate OFAC, could mean
the system will only deteriorate further.

PLEASE participate, this is really an opportunity we
cannot refuse to move towards our goal of reclaiming our
unrestricted freedom of travel, and keeping our access to
Cuba from narrowing or even being further restricted under
the pretense of these new antiterrorist provisions.

******************************
QUESTIONNAIRE

* We ask that you share this survey with anyone else you may
know who has had licensing problems. 


PLEASE RETURN THE SURVEY/STORIES/TESTIMONY TO THE FOLLOWING
FOUR EMAILS: 
[EMAIL PROTECTED] and  [EMAIL PROTECTED] and 
[EMAIL PROTECTED] and [EMAIL PROTECTED] NO
LATER THAN JANUARY 25. The hearing will be held on
January 29. 



Organization


City              State


Name (if we need to follow-up)


Phone                                        


e-mail (if different from sender's)


a) Did you apply for a travel license in 2001/2002 and if so on
about what date?


b) If you have received a response from OFAC, when and what
was it?


c) How often did you make inquiries between the application
and response? 


d) If you received a license, can you provide us with a
copy?


e) If you were denied a license, what grounds were given?


f) Has the same kind of travel previously been licensed for
your organization?


g) Have you asked your Senators or Representative to intervene
on your behalf, and if so, how responsive were they and what
impact did it have on OFAC?


h) Are you personally aware of individuals who traveled without
a license who have received letters from the Treasury Department?  


i) Is it your impression from first hand contacts or local reliable sources that there has been a substantial increase in such letters
in the past month or so?


j) Are lawyers affiliated with the American Civil Liberties
Union or National Lawyers Guild providing any assistance to
people in your area who receive these letters?


k)  Where OFAC personnel helpful in working to help you understand
the procedures

l) Have you been harrasseed/received a letter or been fined by OFAC?

m) Other comments or questions:

******************************************************************************

***

Sincerely,
Lisa Valanti
President
US-Cuba Sister Cities Association
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