Beardo pointed out earlier that we could not find any individuals penalised for breaching OFAC when they had asked to go to a “hearing”.
For those inclined to some twisted reading, I will look at what OFAC is up against if your travel is covered by § 515.574 Support for the Cuban People, viz:
(a)General license. The travel-related transactions set forth in § 515.560© and other transactions that are intended to provide support for the Cuban people are authorized, provided that:
(1) The activities are of: (iii) Individuals and non-governmental organizations that promote independent activity intended to strengthen civil society in Cuba; and
(2) The traveler’s schedule of activities does not include free time or recreation in excess of that consistent with a full-time schedule.
Lets assume I am an individual and intend to comply. I will look at only point (2) to see how it can be interpreted.
First, what constitutes a “schedule of activities”? By definition it includes those things done when you are “active”, which is effectively when you are not sleeping. So, as I am staying at a casa, and this “promotes” civil society, my schedule will include all my activities after I am awake and until I am ready to leave the casa. For argument I will accord this as 2 hours. I depart the casa at 9am, take lunch at a paladar for an hour, and return to the casa at 5pm. At the casa I am active for another 5 hours before going to sleep. I will deem a full-time schedule as 8 hours and it shall include the 7 “active” hours at the casa, plus an hour at the paladar promoting the independent activity of its owner. Thus, for this day I have a schedule of my activities covering 8 “active” hours.
My remaining 7 hours is less than the 8 hours of the schedule I am required to keep to be compliant, and therefore is allowable “free time or recreation”.
OFAC could challenge my schedule, but without precise definitions in the regulations they would not have a convincing case.